Scotland’s hate crime bill would stifle free speech

With attacks on free speech occurring across the world from Belarus to Zimbabwe, Xinjiang to Poland, it would be easy to think that our role is to stand up to tyrants and dictators abroad and stand with those who are leading the fight to make sure that they have the right to have their voice heard. And of course, you’d be absolutely right. Index was established to be a voice for the persecuted and to shine a light into the darkness, to give hope to writers, artists and scholars who were and are systematically being silenced. That is our core work and always will be.

But in Stephen Spender’s founding op-ed, in The Times on 15 October 1971, he made it clear that attacks on free speech can have a domestic feel to them too, and Index won’t shy away from challenging censorship wherever we find it.

“There are problems of censorship in England, the United States, and France, for example. There is the question whether it is not right for certain works to be censored or at any rate limited to a defined readership. The problem of censorship is part of larger ones about the use and abuse of freedom,” wrote Spender.

Which brings me to new legislation currently working its way through the Scottish Parliament – the Hate Crime and Public Order (Scotland) Bill. I don’t believe that our basic rights to free speech and freedom of expression does, or should, give us the right to incite hate or violence. There are always consequences to our actions. But these consequences have to be fair and proportionate and of course in the sphere of free speech not hinder people’s right to engage in debate or to use their voice. There must be no chilling effect. The proposed legislation does not meet this bar.

The bill directly undermines freedom of expression in Scotland. Artistic expression is challenged and our rights to engage in public debate would be threatened with potential prosecution for “stirring up hatred”. The legislative language is so vague that someone could be charged with a criminal offence (with a maximum seven-year prison tariff) if an individual’s actions were deemed to be insulting or offensive, with no consideration of the intent behind the action. Comedians could face criminal proceedings for insulting their audiences, commentators for exploring issues of gender or even for discussing religion.

We all want an end to hate speech, we all want to live in a society where people feel safe and secure, but we also want live in a country where our views are respected even when we are in the minority, where debate is welcome and celebrated, and where every one of us can speak without fear or favour.

If this legislation passes un-amended that will no longer be the case in Scotland and would set an awful precedent for the rest of the UK. Index is opposed to this legislation and will keep working with colleagues in Scotland to get the changes we all need to protect our basic human right to free speech.

Read our letter to the Scottish parliament here contesting the wording of the bill, signed by Rowan Atkinson and other public figures.

Index urges President Trump to speak out forcefully for press freedom

President Donald Trump
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500via emailDear President Trump,We are writing to you as journalists, press freedom organizations, and industry groups to express our deep dismay at the recent violence perpetrated against journalists in the United States as they have sought to report on mass protests across the country. On behalf of the 72 groups listed below, we urge you to speak out forcefully against these attacks and in support of the rights of journalists to report freely, as guaranteed by the First Amendment of the U.S. Constitution.

The United States’ history of protecting free expression and defending and protecting the rights of journalists is much admired beyond U.S. borders. This is born out of a recognition that journalists serve as independent monitors of social and political developments, and are essential to democracy, transparency, and accountability.

Attacks on journalists in the U.S. threaten to undermine this commitment. The U.S. Press Freedom Tracker has received reports of at least 320 violations of press freedom across the country since protests demanding an end to police brutality and calling for social justice broke out on May 26. It is vital that state and local government officials take steps to ensure such violations never happen again, and that the perpetrators are held to account.

We call on you to send a clear and unambiguous message across the country and around the world about the importance of the press freedom and work of the press. Local leaders need to hear unambiguously from you that they have a responsibility to fully investigate these attacks, protect journalists, and ensure that they can work unobstructed and without fear of injury or reprisal.

Press freedom in the United States is critical to people around the world. Thousands of foreign correspondents are based in Washington D.C. and throughout the U.S., where they are tasked with telling the story of America to their publics back home. The ability of journalists to work freely in the U.S. creates a more enlightened global citizenry.

What happens in the United States also has repercussions for journalists around the world, including American correspondents. When the U.S. backslides it sends a green light to authoritarian-leaning leaders around the world to restrict the press and the free flow of information.

Authoritarian regimes in China, Iran, and Turkey have already opportunistically spoken out about the heavy-handed police tactics used here, using the crackdown on the press in this country to legitimize their own repression of independent journalism.

Instead of condemning journalists and the media, we urge you to commend and celebrate them as the embodiment of the First Amendment, which is the envy of so many countries around the world.

Sincerely,

Acclaim Nigeria Magazine (ANM)

Afghanistan Journalists Center (AFJC)

Aliansi Jurnalis Independen (AJI) Indonesia

Americans for Democracy and Human Rights in Bahrain

Arab Reporters for Investigative Journalism (ARIJ)

ARTICLE 19

Associação Brasileira de Jornalismo Investigativo (Abraji)

Association for International Broadcasting

Bangladesh NGOs Network for Radio and Communication

Bytes 4 All

Cairo Institute for Human Rights Studies

Cambodian Center for Human Rights (CCHR)

Canadian Media Lawyers’ Association

Cartoonist Rights Network International (CRNI)

Centre for Law and Democracy

Centre for Media Studies and Peacebuilding (CEMESP)

Committee to Protect Journalists

Community Media Forum Europe (CMFE)

DW Akademie

Free Media Movement – Sri Lanka

Free Press Unlimited

Freedom of Expression Institute (FXI)

Fundación Gabo (Gabriel García Márquez Foundation)

Fundación para la Libertad de Prensa (FLIP)

Global Forum for Media Development (GFMD)

Global Investigative Journalism Network (GIJN)

Global Voices

Hong Kong Journalists Association

Independent Journalism Center

Independent Journalism Center (IJC)

Index on Censorship

Initiative for Freedom of Expression – Turkey (IFoX)

INSI – international News Safety Institute

Institute for Regional Media and Information

Instituto Prensa y Sociedad Venezuela

International Center for Journalists (ICFJ)

International Federation of Journalists

International Media Development Advisers (IMDA)

International Media Support (IMS)

International Press Institute

International Women’s Media Foundation

Internews

Media Focus International (MFI)

Media Foundation for West Africa

Media Institute Southern Africa – Zimbabwe

Media Matters for Democracy (MMFD)

Media Watch

Media, Entertainment & Arts Alliance (MEAA)

Metamorphosis Foundation

Newsgain

Norwegian PEN

Organized Crime and Corruption Reporting Project (OCCRP)

Pacific Islands News Association (PINA)

Pakistan Press Foundation

Palestinian Center for Development and Media Freedoms (MADA)

PEN America

PEN International

Press Union of Liberia

Project Syndicate

Pulitzer Center on Crisis Reporting

Reporters Without Borders

Rory Peck Trust

Rural Media Network Pakistan

Samir Kassir Foundation – SKeyes Center for Media and Cultural Freedom

SembraMedia

Social Media Exchange (SMEX)

Somali Media Women Association (SOMWA).

South East Europe Media Organisation (SEEMO)

South East European Network for Professionalization of Media (SEENPM)

The Center for Independent Journalism, Romania

World Association of Community Radio Broadcasters (AMARC)

World Association of News Publishers (WAN-IFRA)

CC:

Vice President Michael R. Pence

Kayleigh McEnany, White House Press Secretary Ambassador

Kelly Craft, U.S. Permanent Representative to the United Nations

Free Speech and Index: a love letter

[vc_row][vc_column][vc_single_image image=”105876″ img_size=”large”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]14 February 2020 – Valentine’s Day – marks my last day at Index on Censorship after nearly six years at the helm. It feels apt, then, to share how passionate I am about – free speech and the organisation that has spent nearly 50 years defending it.

Let’s start with freedom of speech. When I started at Index, I have to confess I was an armchair enthusiast. I believed in freedom of speech, of course I did – or so I thought. After all, I was a journalist. I’d worked in countries like South Africa and Ireland that had experienced – in differing forms – decades of formal censorship and centuries of informal silencing.

But what I came to realise very quickly is that while support for free speech is easy in theory, in practice it is much, much harder.

What I love about Index is we never pretend otherwise. For us, the work we do is not about defending free speech in principle, but demonstrating how and why it is so important in reality. We don’t pretend we have all the answers instantly. In a world that expects immediate responses, the pressure to provide the answer at once is huge. But we have learned that sometimes we need to say: “Hmmm, we need to think about that one.”

We have wrestled with questions that stretched from whether or not social media platforms should show beheading videos to the question of the Northern Irish bakery asked to ice a cake with words with which they disagreed. We debated the point at which hateful speech amounts to incitement to violence. We tried to address the notion of words that cause harm.

Being thoughtful doesn’t always win you headlines but it’s crucial if you want to convince those who doubt your arguments. I love that Index thinks.

I love that Index has courage. We believe passionately that everyone should have the right to speak freely – and that includes defending the rights of those with whom we profoundly disagree – or whom others find shocking, disturbing and offensive. Never in my wildest dreams did I imagine that I would find myself defending the right of a Scottish YouTuber to teach his girlfriend’s dog to do a Nazi salute. Thankfully, we were not alone.

Sadly, those who defend freedom of expression often are. It was something we fought to counter when we spoke out in defence of Charlie Hebdo – and that experience – of sticking our heads above the parapet when many others would not was a formative experience for me as a relatively new Index CEO.

We are not the courageous ones, though. The courageous ones are those who speak out in the knowledge that they could face dire consequences for doing so.

Free speech is the Turkish playwright Meltem Arikan voicing the pain of exile and the delights of creating a new home in a new language. Free speech is artist Luis Manuel Alcantara, inviting repeated arrest for refusing to make government-sanctioned art in Cuba. Free speech is Zimbabwean activist Evan Mawarire calling for a compassionate government that protects its people. Free speech is journalists like Carole Cadwalladr, Caroline Muscat and Maria Ressa defying attempts to silence them. Free speech is Nabeel Rajab exposing torture in Bahrain’s jails – speech for which he himself was jailed. Free speech is a young Saudi woman appealing for asylum and finding her cause taken up by thousands around the world. Free speech is every one of our brilliant Index on Censorship fellows.

It is also speech that hurts. It is speech that is raw, shocking, offensive – that demeans and diminishes others. In my time at Index we have had to defend words and viewpoints that I abhor. In so doing we have been accused of sharing and condoning those views – of allowing them to become mainstream.

Defending that line is hard. But we do so because none of the examples we have seen of government bans or social media restrictions ends up achieving the outcome desired – one in which we are more tolerant of one another’s differences. 

We believe there is an alternative to censorship. I am hugely proud that last year I was finally able to get off the ground a project close to my heart: our Free Speech Is For Me programme, which brought together activists in Britain and the United States to debate the value of free speech. Along the way, participants learned how better to listen to one another’s ideas. Some even changed their minds. One Brexit supporter told us they had even started reading The Guardian …

Words matter to us. I love that Index continues to produce a magazine that takes a global and long-term look at the issues we face and which publishes original work by leading writers. Where else could you read interviews with legends like Margaret Atwood or Ngũgĩ wa Thiong’o, writing by the likes of Elif Shafak, Xinran, or Ariel Dorfman?  

I love that for an organisation with an impressive back catalogue, we nevertheless look forward. We are grappling with the thorny questions of regulating online speech and tough questions on hate speech and free speech in the workplace. I haven’t always got that right – but we have tried to learn how we can better be the change we want to see in the world.

Index is a small outfit, battling for funds against a million and one other worthy causes. When I started, someone told me we would never be able to compete against those raising money for life-saving healthcare. I don’t want to compete. But I believe more than ever – as we have seen with events recently in China – that life-saving healthcare depends on freedom of speech.

That is why I love this cause. And why I know Index will continue to defend it without fear or favour. And why your heartfelt Valentine vow should be to support it too.

 [/vc_column_text][/vc_column][/vc_row]

Project Exile: Moroccan journalist Hicham Mansouri flees after being stripped and jailed

[vc_row][vc_column][vc_column_text]This article is part of Index on Censorship partner Global Journalist’s Project Exile series, which has published interviews with exiled journalists from around the world.[/vc_column_text][vc_single_image image=”107703″ img_size=”full”][vc_column_text]When the security software on Moroccan journalist Hicham Mansouri’s computer alerted him that there had been a number of attempts to hack his email, he did what came naturally: he began investigating. 

Little did he know that the 2015 incident would be followed by a bizarre effort by Moroccan police to sexually humiliate him and a female friend and ten torturous months in jail after being arrested on trumped-up charges of operating a brothel and adultery, which is illegal in the North African nation. 

Efforts to prosecute or intimidate journalists are not unusual in Morocco, and as Mansouri’s story demonstrates, the government of King Mohammed VI can be both cruel and creative in its efforts to silence dissenting voices. The kingdom ranks 135th out of 180 countries on Reporters Without Borders’ 2019 World Press Freedom Index, below nations like Afghanistan, Zimbabwe and the Philippines. Morocco was also named in a 2018 report from the Canadian Citizen Lab as a country where Pegasus spyware is used to track mobile phones of civil society activists. 

Mansouri himself, a co-founder of the Moroccan Association of Investigative Journalists, had already been beaten up by strangers in September 2014 after leaving a meeting at a hotel with the Moroccan historian and prominent dissident Maâti Monjib. Even today, after 10 months in jail on adultery charges, two hunger strikes and three years in exile in France, Mansouri faces pending charges of threatening state security in Morocco. These stem from his involvement with StoryMaker, an app that helps citizen journalists create video reports based on events they witness. 

Yet Mansouri remains undaunted. Now living in France, he blogs for the French online investigative and opinion site Mediapart and contributes to the Italian newspaper Caffe Dei Giornalisti as well as the online site of Maison des journalistes, a group that provides housing to journalists in exile. Mansouri spoke with Global Journalist’s Gaëlle Fournier about his imprisonment, his continuing legal troubles and life in exile. Below, an edited and translated version of their conversation:[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Hicham Mansouri was beaten up on September 24, 2014. (Photo: Ahmed Bensedik)

Hicham Mansouri was beaten up on September 24, 2014. (Photo: Ahmed Bensedik)

Global Journalist: Tell us about your journalism career.

Hicham Mansouri: I worked for a regional newspaper called Machahid in [the southern coastal city of] Agadir and then for the non-governmental organisations Free Press Unlimited and International Media Support in Rabat. 

In 2009, I participated in an investigative journalism programme. With some colleagues, we decided to create a network of Moroccan investigative journalists. The association was recognised in 2011, two days after the Arab Spring began in Morocco. I was then programme director of the association, but now the association has ceased its activities. The website of the AMJI [Moroccan Association for Investigative Journalism] was hacked and replaced by pornographic content. We were censored and received threats.

GJ: How would you describe the environment for the press in Morocco?

Mansouri: Freedom of the press is differentiated geographically. If you’re living around Casablanca or [the capital] Rabat, more things are tolerated than they are in the countryside.

There are what is commonly called the three “red lines” in Morocco. These topics are likely to be censored: Islam, the monarchy and the issue of Western Sahara [a territory claimed by Morocco]. 

All independent newspapers that have addressed these issues have been punished by the authorities. Editors have been put in jail, so they cease their activities. There is a lot of self-censorship

Some journalists are even in trouble for translating foreign articles into Arabic. Not many people read newspapers in Morocco as there is a high illiteracy rate. The journalists who get in trouble are [often] the broadcasters. 

GJ: You spent 10 months in jail after being arrested for adultery and operating a brothel. This came right after you began investigating the electronic surveillance of journalists and activists, including yourself.

Mansouri: I was working on an investigative piece about electronic surveillance when I got arrested by the police in 2015. I’m not a cybersecurity specialist, but thanks to software, I found the IP addresses [of the cyber attacker]. They were protected by malware and I decided to investigate. I tried to delete the two addresses but found that they could not be deleted.

I found this strange, so I contacted the creator of the [security] software who indeed told me that there was something wrong. 

Three days later, I was arrested. It was around 10am on a morning back in 2015. I was seeing a female friend and five minutes after she arrived, the police broke down the door of my apartment and forced me to undress.

They also tried to undress the woman in order to stage a scene showing us engaged in adultery. The police filmed the entire thing from the beginning. 

At trial, we asked the police video be shown as proof of what happened, but they refused. They only showed pictures they took of me, almost naked, on my bed. They also said they found a used condom on the bed. 

I had been assaulted a few months prior to this, so I was really paranoid. I found out later that I had been watched by the police for a few months prior to my arrest. 

GJ: You were later jailed on the adultery charge. Tell us about your time behind bars.

Mansouri: It was very hard. I felt the invisible hand of repression and it followed me everywhere. 

The first day in jail, I was thrown in a cell with [serious] criminals, while I should have been assigned to the what’s called Block A, which is reserved for first-time offenders like me. I was sent to Block D, which the inmates call “the trash,” the worst of all. The cell was overcrowded. I had to sleep on the floor in unsanitary conditions. Within a week I was infested with lice. 

The worst was the violence I witnessed, including fights between inmates and self-harm. I even thought some of the fights were orchestrated to kill me. 

I went on two hunger strikes, which eventually led the authorities to provide me with some books and newspapers and assign me to a block with inmates suspected of terrorism, who were watched by policemen. 

I tried to survive and write about my memories in jail. This diary project is not so much about sharing my experience, it’s about telling the stories of the inmates I met, who came back from Syria, were tortured, used drugs. However, my experience in jail is not unique. It is one all activists and journalists [jailed in Morocco] have to go through.

Hicham Mansouri being welcomed out of the prison by his friend and colleague Maâti Monjib, who was nominated for an Index on Censorship Award for Campaigning in 2017. Monjib, a historian and writer, along Hicham Mansouri and five other journalists, is accused of endangering Moroccan state security. Their trial has been postponed 14 times since its start in 2015.

Hicham Mansouri being welcomed out of the prison by his friend and colleague Maâti Monjib, who was nominated for an Index on Censorship Award for Campaigning in 2017. Monjib, a historian and writer, along Hicham Mansouri and five other journalists, is accused of endangering Moroccan state security. Their trial has been postponed 14 times since its start in 2015.

GJ: Even though you’re in France, you still face trial in Morocco on “suspicion of endangering state security” along with six co-defendants. This charge was also brought against you in 2015 and the trial has been postponed 14 times.

Mansouri: It began with a citizen journalism project called StoryMaker, created in partnership with Free Press Unlimited and The Guardian. We are officially accused of falsifying videos and photos with this app, which we created to be a reporting tool for citizens. 

The authorities told me that “investigation” is the work of the police, not the media. We are even accused of spying and diverting funds from state-owned media. There is no evidence for any of this.

Every time there is a hearing [in Rabat], the file is not even open and the trial is postponed to another date. It’s like the sword of Damocles. Before, we used to defend our innocence. But now we just want the matter brought before a judge for a decision, whether it’s for or against us. 

GJ: Even after you were jailed, you did a major environmental investigation. What did you find?

Mansouri: In 2016, I did an investigation about Morocco importing 2,500 tons of toxic industrial waste from Italy. The toxic industrial waste was burnt to make cement in Morocco, something that is strictly forbidden in Europe.

Based on documents, it revealed the existence of indirect links between cement works owned by the king’s holding company and an international environmental business tied to the Italian mafia. It was published by the news site Lakome2, whose founder is actually being prosecuted for “sympathising with terrorism”.

GJ: How did you decide when was the right time to leave Morocco?

Mansouri: I made the decision to leave my country when I was in jail. I did not tell anyone. The physical and psychological torture I experienced led to my exile. My first day in prison, I had tachycardia [abnormally fast heartbeat], and I was beaten by a prison guard. I really felt suicidal. I felt like I was suffocating, not able to speak, to cry, to scream. I was ready to do anything to leave this hell. 

I decided to leave Morocco when I learned that the judge who sent me to jail [for adultery] was also the one who was going to work on the state security case. I know how he proceeds and it did not portend anything good.

When I learned this, I had been in jail for six months. It was a nightmare. It was as if I was in a bottomless pit. Everything was dark. I could not bear staying five more years in jail when I could have spent those years studying for a PhD. 

GJ: What are your plans for the future?

Mansouri:  Living in exile is far from being easy. You have to start for scratch.

I was mostly busy over the past two years with my asylum application, which was a real obstacle course.

I’m now working on an observation project on hate speech in several countries of the MENA (Middle East and North Africa) region like Jordan, Tunisia, Egypt for the NGO MENA Media Monitoring. We have published two reports so far. I continue to fight for what is happening in Morocco, I keep on testifying to show the truth. I’m publishing from time to time articles on my Mediapart blog. I’m also finishing my master’s in political science[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://youtu.be/6BIZ7b0m-08″][/vc_column][vc_column width=”1/2″][vc_column_text]Index on Censorship partner Global Journalist is a website that features global press freedom and international news stories as well as a weekly radio program that airs on KBIA, mid-Missouri’s NPR affiliate, and partner stations in six other states. The website and radio show are produced jointly by professional staff and student journalists at the University of Missouri’s School of Journalism, the oldest school of journalism in the United States. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook). We’ll send you our weekly newsletter, our monthly events update and periodic updates about our activities defending free speech. We won’t share, sell or transfer your personal information to anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][three_column_post title=”Global Journalist / Project Exile” full_width_heading=”true” category_id=”22142″][/vc_column][/vc_row]

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