Jodie Ginsberg: How censorship stifles debate

[vc_row][vc_column][vc_video link=”https://youtu.be/Gy4ZfnnTOKM”][vc_column_text]A speech given by Index on Censorship CEO Jodie Ginsberg at St Mary’s Cathedral, Limerick, Ireland for the Limerick Civic Trust in association with Banned Books Week.

In 1634, the English lawyer and author William Prynne was sentenced to life imprisonment, fined £5,000 (more than £1 million in today’s money) and had both his ears cut off. His crime? The publication of Histriomastix – a thousand-page Puritanical tome dedicated to showing that plays were unlawful and incentives to immorality. He didn’t have many good things to say about women either.

It is a dreadful irony that this work, which in effect advocates censorship, resulted in some of the most gruesome punishments you can inflict on an author for their writing. Nor did his punishment end there – accused of publishing”seditious libels” again in 1637, Prynne had the letter SL branded on both his cheeks.

I mention the example of Prynne because it is the first cited in an exhibition of book covers currently on display at Pembroke College, Cambridge, where this week my organisation kicked off a series of talks and discussions for Banned Books Week, of which this lecture is the final event.

And I mention it because while it reminds us of how far we in the UK and Ireland have come in the past 350 years, the exhibition was also a powerful reminder of the fact that censorship is still alive and well – albeit in different forms – in our democracies. The exhibition ran along two sides of the library. On one side were the cases from the 1630s to 1800s. The entire other side reflected instances of censorship in the UK just in the past 100 years. This included – in 1946 – the burning of copies of insipid love story Forever Amber by Kathleen Winsor – not by the state but by public libraries no less.

Stop to think of that for a moment. In 1946, barely a decade after the perhaps some of the most infamous book brings in history – those of Nazi Germany, public libraries in the UK thought it fit and proper to burn a historical romance that one judge in the States described as “soporific rather than aphrodisiac”.

That was 1946. A bygone era perhaps? Sadly not. Sixty-four years later in 2000, a New York-based Limerick man took out a $800 half-page advertisement in Irish-American newspaper, the Irish Echo, inviting people to bring copies of Angela’s Ashes to a book-burning ceremony to protest this way this city was treated in the novel and the film of the same name.

The Angela’s Ashes incident shows us the urge to censor, to limit the publication or promotion of ideas we find offensive – whether on grounds of obscenity, of religion, or politics, remains strong.

This talk will examine the new sources of censorship – not just in the context of literature – and posit some ways we can resist the urge to silence others.

First, a little about myself and why I care about these issues and about the organisation I run. I am a journalist and have wanted to be a journalist for as long as I can remember. As a child, I would make my friends play ‘the news’ which we then performed to our long-suffering parents and I dreamed of being BBC foreign correspondent Kate Adie. When I finally got to cover a war – civil conflict in Ivory Coast – I discovered I did not after all want to become a war correspondent and ended up as London Bureau Chief for Reuters news agency. Whereupon I found myself in charge of coverage for the UK riots of 2011.

I became a journalist because I wanted to tell stories that were not being heard. I love literature because I believe in the power of the written word to convey and transport us to a world beyond our own imagining and that my own world is enriched as a result.

So it seemed a natural fit when I was asked if I was interested in running Index on Censorship, one of the world’s leading organisations in the defence of free expression. Index on Censorship was founded 45 years ago by the poet Stephen Spender in response to what seemed like a simple request: what could the artists and intellectuals of the West do to support their counterparts behind the Iron Curtain and those under the thumb of oppressive regimes elsewhere? Organisations like Amnesty and PEN already existed, doing then – as now – a formidable job of petitioning and campaigning, particularly on the cases of the imprisoned. What more could be done? The answer – those who established Index decided – was to publish the works of these censored writers and artists and stories about them. Index on Censorship magazine was born and we have continued to produce the magazine – this magazine – on at least a quarterly basis ever since. Writers for the magazine have included the likes of Arthur Miller, Nadine Gordimer, Hilary Mantel, Vaclav Havel – and Samuel Beckett.

One of the t-shirts featured in the Index on Censorship archive reads: “If Samuel Beckett had been born in Czechoslovakia we’d still be waiting for Godot”.

It was part of a campaign that Beckett supported to bring attention to the plight of writers in then Czechoslovakia. Beckett’s play was banned in the east European country at the same time as the communist government was persecuting its own writers. Beckett became drawn to the case of Czech playwright Havel, and committed to bringing world attention to the way writers were being banned.

Beckett was so incensed by what was happening to Havel that he wrote the short play Catastrophe, dedicated it to Havel, and allowed Index the exclusive, to publish it first in its pages.

Beckett’s action encapsulates the motivation of those who first established Index. This motivation, as Stephen Spender wrote in the first edition of the magazine, was to act always with concern for those not free, responding to the appeals from Soviet writers to their Western counterparts. “The Russian writers,” Spender wrote, “seem to take it for granted that in spite of the ideological conditioning of the society in which they live, there is nevertheless an international community of scientists, writers and scholars thinking about the same problems and applying to them the same human values. These intellectuals regard certain guarantees of freedom as essential if they are to develop their ideas fruitfully… Freedom, for them, consists primarily of conditions which make exchange of ideas and truthfully recorded experiences possible.”

I will ask in my talk this evening – given the debates about no-platforming in universities, the controversy over kneeling for the US flag, the fact that the BBC’s political correspondent needs a bodyguard to cover a political conference, whether we currently have the ‘conditions which make exchange of ideas possible’.

Why is it important to tackle censorship? Sometimes we forget to ask ourselves this question because we take it for granted that freedom is a good thing. Consider all those who were quick to shout ‘Je Suis Charlie’ following the attacks on French satirical magazine Charlie Hebdo – the knee-jerk reaction in Western liberal democracies is often to say you are for free speech, without ever really stopping to consider why you might be for it. Or why free speech is and of itself a good thing.

I would argue this failure to understand the value of free speech lies at the heart of one of the dilemmas we face in modern democracies where free speech is being gradually eroded – where ‘Je Suis Charlie’ quickly became ‘Je Suis Charlie, but…’.

It is vital to understand the value inherent in free expression to understand why some of the current tensions surrounding free speech exist. It is also crucial for understanding ways to tackle the dangerous trade-offs that are increasingly being made in which free expression is seen as a right that must be pitted against safety, security, and privacy.

John Stuart Mill talks of free expression being fundamental to the “permanent interests of man as a progressive being.” “The particular evil of silencing the expression of an opinion,” he argues in On Liberty, “is that it is robbing the human race… If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth produced by its collision with error.”

This latter argument is particularly powerful when we consider, for example, the introduction of Holocaust denial laws. Such laws suggest that there are some truths so precious that they have to be protected by laws, rather than having their truth reinforced by repeated “collision with error.” You can imagine authoritarian regimes everywhere looking at such laws and rubbing their hands with glee at the prospect of being able to impose a single view of history on the populace, without any kind of challenge.

The free exchange of ideas, opinions, and information is in Mill’s doctrine a kind of positive cacophony from which clear sounds emerge. In this doctrine, it is not just the having of ideas, but the expressing of them that becomes vital.

Which brings us back to the question of whether we have the conditions for the exchange of ideas possible in 2017 across the world. I want to focus on four key areas on which Index campaigns for free expression: the arts, academia, media and online, and look at what I consider to be some of the main sources of censorship, by which I mean the attempt to silence and stifle ideas and debate, in democratic countries and further afield.

Let us begin with the arts. A number of recent cases I think highlight the contemporary censorious impulses in democracies: the first is the case of Exhibit B, a theatrical installation meant to highlight the horrors of so-called human zoos of the 19th century. Created by white artist Brett Bailey, Exhibit B was described by London’s Barbican as a “human installation that charts the colonial histories of various European countries during the nineteenth and twentieth centuries when scientists formulated pseudo-scientific racial theories that continue to warp perceptions with horrific consequences.” Exhibit B involved black actors often chained or in masks, sitting silently while viewers to the installation filed past.

In 2014, Exhibit B – which received five-star reviews elsewhere and was successfully shown just weeks before at the Edinburgh Festival – was pulled from a planned staging at the Barbican on the advice of police following a sustained campaign against the work online and off, including a very vocal protest outside the theatre.

Those who objected to the artwork – many of whom had not seen it – described it as racist. Now, I am not objecting to people’s right to protest against works or ideas they find offensive. Indeed, that is a fundamental tenet of freedom of expression. But what is salient, I think, about Exhibit B is that it demonstrates a growing belief that the opinions of one set of people should be allowed to infringe the legal rights of others to express themselves. Exhibit B was not closed down by police for hate speech or inciting violence, it was closed down because the police and the venue itself did not believe they could protect the audience or actors from any potential spillover from the protests about the work. In this case, one group of self-appointed spokespeople for a community infringed the rights of others to express themselves. As Stella Odunlami, an actor who took part in the Barbican Exhibit B, wrote in The Guardian: “I chose to take part in Exhibit B because I was inspired by the premise of the work… It forces us to examine the darkest corners of our mind. It is brutal, unforgiving and unapologetic. I decided, as an educated black artist, that it told a story that should be shared with the world, but sadly that will no longer be the case. My freedom of expression was taken the moment the protesters decided to attempt to storm the venue, causing it to be evacuated and deemed unsafe. It was at that moment that the protesters retained their right to free speech and I had mine taken away.”

Offence and hurt are in the eye of the beholder. Once we let a mob decide what can and cannot be expressed, we are in dangerous territory indeed.

We see this mob mentality most often reflected in the hysteria that whips up at speed when an individual or group of individuals takes offence on social media about something and how that fireball of fury can intimidate artists and others to self-censor as result. Irish author Claire Hennessy spoke eloquently about this at an event Index hosted in London last night.

Such campaigns do not just force self-censorship, they can prevent works from getting an audience at all. Consider a young adult novel called The Black Witch about a girl named Elloren who has been raised in a stratified society where other races (including selkies, fae, wolfmen, etc.) are considered inferior at best and enemies at worst. When she goes off to college, she begins to question her beliefs. The book was subjected to a sustained campaign of online abuse ahead of publication after one blogger wrote that the fantasy novel was “the most dangerous, offensive book I have ever read.” Its Goodreads rating dropped to an abysmal 1.71 thanks to a mass coordinated campaign of one-star reviews, mostly from people who admitted to not having read it.

Nervousness about offence is not restricted to concerns about the reaction it might generate in the online world. Salman Rushdie has said he does not think the Satanic Verses would be published today. And in the wake of the killing of those associated with Charlie Hebdo, the killings at the Bataclan nightclub in Paris, the shooting at a free speech event in Copenhagen it is not difficult to see why.

This mob as censor dynamic is something we shall see rearing its head again when we come to talk about media and academia and is one of the pincer movements I identify at being at the heart of modern censorship in democracies.

The second pincer movement is led primarily by governments and relates to a privileging of national security over almost all other values in modern societies. The crackdowns justified in the name of national security are widespread and increasingly misused. Take, for example, the current situation in Turkey. It is not just journalists who face the ire of President Erdogan as he seeks to weed out his enemies. Artists face his wrath too. Cartoonist Musa Kart, for example, has been in detention for the past 10 months and faces 29 years in jail for his cartoons satirising the government.

Jailing is one way to silence your enemies. Another is travel bans. In Malaysia, another cartoonist, Zunar, is currently subject to a travel ban – and faces 43 years in jail for his work satirising the Prime Minister and his wife.

In these democracies, those in power behave increasingly like despots. And one thing autocrats seem to hate more than anything is being laughed at. if you don’t believe me, consider the fact that President Erdogan tried to have the German government prosecute a German comedian for reciting – on German television – a poem that lampooned him. Even worse, German Chancellor Angela Merkel paved the way for his possible prosecution of Jan Böhmermann by leaving it up to prosecutors to decide whether to take the case forward.

If free speech cannot be defended by Germany within its own borders, what hope is there for its global defence?

I want to say something here about the importance of a robust defence of fundamental, universal rights and freedoms within democracies as standard bearers for these rights globally. Autocratic and repressive regimes look to justify their own behaviour by pointing to comparable actions in democracies.

That is why we at Index welcome the fact that Ireland’s blasphemy law will be considered in the upcoming referendum. Ireland is the only country in the western developed world to have introduced a blasphemy law in the 21st century and that has given succour to those countries who wield their own blasphemy laws to punish apostates.

For instance, the Organisation of Islamic Cooperation – which has 57 member states – cites Ireland’s law as best practice and has even proposed adopting its precise wording to limit human rights on freedom of conscience. It gives strength to the likes of OIC member Pakistan where a woman – Asia Bibi – is currently in jail awaiting execution for having drunk the same water as her Muslim neighbours.

Freedom to express one’s religious belief is on the barometer of the state of free expression.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Stay up to date on freedom of expression” 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 the our mailing list and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with 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_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]A second important indicator by which freedom of expression can be measured is the state of its media. And on this measure, the picture is also far from rosy. Index has been running a project since 2014 on threats to media freedom in Europe and neighbouring countries. The picture that the Mapping Media Freedom project paints is alarming. Journalists in our region have been killed, arrested and systematically harassed for doing their jobs. And the harassment isn’t taking place only in countries where you might expect it: Turkey, Russia, Belarus, Ukraine, but much closer to home.

Only this week, we learned the BBC’s political correspondent has been assigned a bodyguard because of threats against her. Think about that for a moment. One of the most senior journalists at Britain’s public broadcaster requires a security detail to cover the conference of the country’s leading opposition party.

Online harassment, intimidation by the state, and legal measures are all ways in which attempts to silence the media are made. In some countries, the stakes for journalists are impossibly high. In Mexico, more than eight journalists have been killed this year alone as the cartels, vigilante groups and security forces wrestle for power. Few of these killings are ever solved, encouraging an atmosphere of impunity. In Turkey, hundreds of journalists are in jail. And at the far end of the spectrum, countries like Eritrea have no independent media whatsoever. In between are countries like Ireland, which a report in 2016 by human rights lawyers Doughty Street Chambers found had one of the most concentrated media markets of any democracy. The report said accumulation of what has been described as “communicative power” within the news markets was at endemic levels, and this, combined with the dominance of one private individual media owner in the State, created “conditions in which wealthy individuals and organisations can amass huge political and economic power and distort the media landscape to suit their interests and personal views.

And in discrediting and dismissing all journalism he doesn’t like as “fake news”, the President of the United States creates an environment in which attacks on journalists feel like fair game. Everywhere.

The President’s preferred communications milieu is, of course, social media and the internet is currently the battleground for some of the most important debates on free speech in the 21st century.

On the one hand, the internet offers an incredible tool for democratising speech: a relatively cheap platform that allows anyone with the access the means to make their voice heard. However, it also provides a tool for the nasty, cruel – and often just frankly the bored – to harass and bully others into silence. That is a challenge that we as free speech advocates would be wrong to ignore but for which censorship is the wrong answer.

Nor is the answer effectively abolishing privacy on the internet. This is the particularly pervasive argument used in Western liberal democracies to justify surveillance in the name of national security. If you have nothing to hide, you have nothing to fear, the mantra goes: in liberal democracies, we’re not interested in your ideas, we’re just out to get the bad guys committing crimes. It shouldn’t stop you expressing yourself.

Except that it does. Knowledge of mass surveillance by governments is already changing the way in which writers work. A report from PEN American Center, Global Chilling, shows an astonishing one-third of writers – 34 percent – living in countries deemed “free” have avoided writing or speaking on a particular topic, or have seriously considered it, due to fear of government surveillance. Some 42 percent of writers in “free countries” have curtailed or avoided activities on social media, or seriously considered it, due to fear of government surveillance, the survey found. In countries that are not free, the consequence of a lack of privacy is acute. Colleagues in Azerbaijan, for example, note that authorities are quick to demonstrate the country’s openness by arguing a lack of curbs on social media. They don’t need a curb – as soon as you express yourself openly, the crackdown begins.

But it is not just in countries like Azerbaijan that we have to worry about surveillance or the misuse of national security laws. In 2014, British police used legislation introduced explicitly to tackle terrorism to obtain the phone records of The Sun newspaper’s Tom Newton Dunn for an investigation into whether one of its officers had leaked information about a political scandal, an action that seriously comprising the basic tenet of a free and independent media: the confidentiality of sources.

Even the hardware being used to quash free expression in authoritarian regimes comes from supposed democracies. Journalist Iona Craig, a regular reporter from Yemen, describes the phone tapping and other surveillance methods – using hardware and software bought from the West – that put her and her sources at risk. She and her colleagues now resort to traditional methods of reporting – meeting contacts in person, using pen and paper, to evade surveillance.

Privacy, then, is the natural corollary of freedom of expression. It allows reporters to protect their sources in pursuit of truth and advocacy organisations like ours to protect those whom governments seek to silence. But privacy rights should not trump freedom of expression in such a way that they prevent us coming closer to the truth.

It is for this reason that Index on Censorship opposed the so-called ‘Right to be Forgotten’ ruling that allows ‘private’ individuals the ability to remove links to information they considered irrelevant or outmoded. In theory, this sounds appealing. Which one of us would not want to massage the way in which we are represented to the outside world? Certainly, anyone who has had malicious smears spread about them in false articles, or embarrassing pictures posted of their teenage exploits, or even criminals whose convictions are spent and have the legal right to rehabilitation. In practice, though, the ruling is far too blunt, far too broad brush, and gives far too much power to the search engines.

This handing off of responsibility to internet companies to police and censor content is something we need to be far more alive to.

Increasingly, the protection of the individual, using notions of harm defined by the individual themselves – is used as an argument for censorship. I want to use the remainder of my talk to discuss ways in which this drive to shield from potential and perceived harm, is having an impact, with a particular focus on academia.

It is clear that something is going wrong at universities. Institutions that should be crucibles for new thinking, at the forefront of challenges to established thought and practice, are instead actively shutting down debate, and shying away from intellectual confrontation.

Driven by the notion that students should not be exposed to ideas they find – or might find – offensive or troubling, student groups and authorities are increasingly squeezing out free speech – by banning controversial speakers, denying individuals or groups platforms to speak, and eliminating the possibility of “accidental” exposure to new ideas through devices such as trigger warnings.

In recent years a number of invited speakers have withdrawn from university engagements – or had their invitations rescinded – following protests from students and faculty members. Former US Secretary of State Condoleezza Rice withdrew from a planned address at Rutgers University in New Jersey after opposition from those who cited her involvement in the Iraq war and the Bush administration’s torture of terrorism suspects; Brandeis University in Massachusetts cancelled plans to award an honorary degree to Islam critic Ayaan Hirsi Ali; and Christine Lagarde backed out of a speech at Smith College following objections by students over the acts of the International Monetary Fund, which Lagarde runs. In the UK, the University of East London banned an Islamic preacher for his views on homosexuality.

Registering your objection to something or someone is one thing. Indeed, the ability to do that is fundamental to free expression. Actively seeking to prevent that person from speaking or being heard is quite another. As I alluded to earlier, it is a trend increasingly visible in social media – and its appearance within universities is deeply troubling.

It is seen not just in the way invited speakers are treated, but it stretches to the academic fraternity itself. The University of Illinois at Urbana-Champaign withdrew a job offer to academic Steven Salaita following critical posts he made on Twitter about Israel.

In an open letter, Phyllis Wise, University of Illinois at Urbana-Champaign chancellor, wrote: “A pre-eminent university must always be a home for difficult discussions and for the teaching of diverse ideas… What we cannot and will not tolerate at the University of Illinois are personal and disrespectful words or actions that demean and abuse either viewpoints themselves or those who express them. We have a particular duty to our students to ensure that they live in a community of scholarship that challenges their assumptions about the world but that also respects their rights as individuals.”

These incidents matter because, as education lecturer Joanna Williams wrote in The Telegraph newspaper: “If academic freedom is to be in anyway meaningful it must be about far more than the liberty to be surrounded by an inoffensive and bland consensus. Suppressing rather than confronting controversial arguments prevents criticality and the advance of knowledge, surely the antithesis of what a university should be about?”

Yet, increasingly, universities seem to want to shut down controversy, sheltering behind the dangerous notion that protecting people from anything but the blandest and least contentious ideas is the means to keep them “safe”, rather than encouraging students to have a wide base of knowledge. In the US, some universities are considering advising students that they don’t have to read material they may find upsetting, and if they don’t their course mark would not suffer. The introduction of “trigger warnings” at a number of universities is a serious cause for concern.

In the UK, increasing intolerance for free expression is manifest in the “no platform” movement – which no longer targets speakers or groups that incite violence against others, but a whole host of individuals and organisations that other groups simply find distasteful, or in some way disqualified from speaking on other grounds.

The decision to cancel an abortion debate at Oxford in late 2014, which would have been held between two men – and noted free speech advocates – came after a slew of objections, including a statement from the students’ union that decried the organisers for having the temerity to invite people without uteruses to discuss the issue. More recently, a human rights campaigner was barred from speaking at Warwick University – a decision that was subsequently overturned – after organisers were told she was “highly inflammatory and could incite hatred” and a feminist was banned from speaking at the University of Manchester because her presence was deemed to violate the student union’s “safe space” policy.

Encountering views that make us feel uncomfortable, that challenge our worldview are fundamental to a free society. Universities are places where that encounter should be encouraged and celebrated. They should not be places where ideas are wrapped in cotton wool, where academic freedom comes to mean having a single kind of approved thinking, or where only certain “approved” individuals are allowed to speak on a given topic.

Index on Censorship knows well the importance of the scholar in freedom of expression. Though we have come to be known as Index, the charity itself is officially called Writers and Scholars Educational Trust, an effort to capture as simply as possible the individuals whom we intended to support from the outset. The title was never intended to be exclusive, but the inclusion of “scholar” signals the importance our founders attached to the role of the academic as a defender and promoter of free speech. In 2017, as we watch the spaces for free expression narrow, I hope that together we can work doubly hard to ensure that traditional bastions for free speech — and indeed institutions like the church in which we stand that were not always its greatest advocates — remain arena for the clash of ideas, not the closure of minds.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1508139239119-b59a9835-c70f-3″ taxonomies=”6323″][/vc_column][/vc_row]

Julia Farrington talks art and censorship

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Julia Farrington, associate arts producer at Index on Censorship, author of Index’s Art and the Law case studies and campaigns and events manager at Belarus Free Theatre, will discuss art and censorship at Hackney Wick at the independent bar and creative space Grow.

From the cancellation of performances like Exhibit B and Mimsy’s artwork Isis Threaten Sylvania to the role law can and should play in supporting the arts, this is an opportunity to get involved in a stimulating discussion within the creative community.

Grow is a space for music, art, conversation and community where everyone is welcome and there will be a range of drinks and snacks on sale to help fuel the conversation, with all proceeds going to support the venue.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

When: Tuesday 29 November December 2016, 7:30pm
Where: Grow (Map)
TicketsFree

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In conversation with Timothy Garton Ash: A blueprint for freer speech

free speechTimothy Garton Ash is no stranger to censorship. On the toilet wall of his Oxford home, there is a Polish censor’s verdict from early 1989 which cut a great chunk of text from an article of his on the bankruptcy of Soviet socialism.

Six months later socialism was indeed bankrupt, although the formative experiences of travelling behind the Iron Curtain in the late 1970s and throughout the 1980s — seeing friends such as Aleksandr Solzhenitsyn interrogated and locked up for what they published — never left him.

Now, in Free Speech: Ten Principles for a Connected World, the professor of European Studies at Oxford University provides an argument for “why we need more and better free speech” and a blueprint for how we should go about it.

“The future of free speech is a decisive question for how we live together in a mixed up world where conventionally — because of mass migration and the internet — we are all becoming neighbours,” Garton Ash explains to Index on Censorship. “The book reflects a lot of the debates we’ve already been having on the Free Speech Debate website [the precursor to the book] as well as physically in places like India China, Egypt, Burma, Thailand, where I’ve personally gone to take forward these debates.”

Garton Ash began writing the book 10 years ago, shortly after the murder of Theo van Gough and the publication of the Jyllands-Posten Muhammad cartoons. In the second of the 10 principles of free speech — ranked in order of importance — he writes: “We neither make threats of violence nor accept violent intimidation.” What he calls the “assassin’s veto” — violence or the threat of violence as a response to expression — is, he tells Index, “one of the greatest threats to free speech in our time because it undoubtedly has a very wide chilling effect”.

While the veto may bring to mind the January 2015 killings at Charlie Hebdo, Garton Ash is quick to point out that “while a lot of these threats do come from violent Islamists, they also come from the Italian mafia, Hindu nationalists in India and many other groups”.

Europe, in particular, has “had far too much yielding, or often pre-emptively, to the threat of violence and intimidation”, explains Garton Ash, including the 2014 shutting down of Exhibit B, an art exhibition which featured black performers in chains, after protesters deemed it racist. “My view is that this is extremely worrying and we really have to hold the line,” he adds.

Similarly, in the sixth principle from the book — “one of the most controversial” — Garton Ash states: “We respect the believer but not necessarily the content of the belief.”

This principle makes the same point the philosopher Stephen Darwall made between “recognition respect” and “appraisal respect”. “Recognition respect is ‘I unconditionally respect your full dignity, equal human dignity and rights as an individual, as a believer including your right to hold that belief’,” explains Garton Ash. “But that doesn’t necessarily mean I have to give ‘appraisal respect’ to the content of your belief, which I may find to be, with some reason, incoherent nonsense.”

The best and many times only weapon we have against “incoherent nonsense” is knowledge (principle three: We allow no taboos against and seize every chance for the spread of knowledge). In Garton Ash’s view, there are two worrying developments in the field of knowledge in which taboos result in free speech being edged away.

“On the one hand, the government, with its extremely problematic counter-terror legislation, is trying to impose a prevent duty to disallow even non-violent extremism,” he says. “Non-violent extremists, in my view, include Karl Marx and Jesus Christ; some of the greatest thinkers in the history of mankind were non-violent extremists.”

“On the other hand, you have student-led demands of no platforming, safe spaces, trigger warnings and so on,” Garton Ash adds, referring to the rising trend on campuses of shutting down speech deemed offensive. “Universities should be places of maximum free speech because one of the core arguments for free speech is it helps you to seek out the truth.”

The title of the books mentions the “connected world”, or what is also referred to in the text as “cosmopolis”, a global space that is both geographic and virtual. In the ninth principle, “We defend the internet and other systems of communication against illegitimate encroachments by both public and private powers”, Garton Ash aims to protect free expression in this online realm.

“We’ve never been in a world like this before, where if something dreadful happens in Iceland it ends up causing harm in Singapore, or vice-versa,” he says. “With regards to the internet, you have to distinguish online governance from regulation and keep the basic architecture of the internet free, and that means — where possible — net neutrality.”

A book authored by a westerner in an “increasingly post-western” world clearly has its work cut out for it to convince people in non-western or partially-western countries, Garton Ash admits. “What we can’t do and shouldn’t do is what the West tended to do in the 1990s, and say ‘hey world, we’ve worked it out — we have all the answers’ and simply get out the kit of liberal democracy and free speech like something from Ikea,” he says. “If you go in there just preaching and lecturing, immediately the barriers go up and out comes postcolonial resistance.”

“But what we can do — and I try to do in the book — is to move forward a conversation about how it should be, and having looked at their own traditions, you will find people are quite keen to have the conversation because they’re trying to work it out themselves.”

Julia Farrington: Tackling self-censorship in the arts community

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Child Protection: PDF | web

Counter Terrorism: PDF | web

Obscene Publications: PDF | web

Public Order: PDF | web

Race and Religion: PDF | web


Case studies

Behud – Beyond Belief
Can We Talk About This?
Exhibit B
“The law is no less conceptual than fine art”
The Siege
Spiritual America 2014

Commentary

Julia Farrington: Pre-emptive censorship by the police is a clear infringement of civil liberties
Julia Farrington: The arts, the law and freedom of speech
Ceciel Brouwer: Between art and exploitation
Tamsin Allen: Charging for police protection of the arts
Gurpreet Kaur Bhatti: On Behzti
Daniel McClean: Testing artistic freedom of expression in UK courts


Reports and related information

WN-Ethics14-140What Next? Meeting Ethical and Reputational Challenges

Read the full report here or download in PDFTaking the offensive: Defending artistic freedom of expression in the UK (Also available as PDF)

Beyond Belief190x210Beyond belief: theatre, freedom of expression and public order – a case study

UN report on the right to artistic expression and creation
Behzti case study by Ben Payne
freeDimensional Resources for artists
Artlaw Legal resource for visual artists
NCAC Best practices for managing controversy
artsfreedom News and information about artistic freedom of expression


These information packs have been produced by Vivarta in partnership with Index on Censorship and Bindmans LLP.

The packs have been made possible by generous pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street Chambers, Matrix Chambers and Brick Court.

Supported using public funding by Arts Council England


Julia Farrington, associate arts producer, Index on Censorship, participated in the Theatre UK 2016 conference on 12 May 2016. This is an adapted version of her presentation. 

In January 2013 I organised a conference called Taking the Offensive for Index on Censorship, in partnership with the Free Word Centre and Southbank Centre. The conference was held to debate the growth of self-censorship in contemporary culture, the social, political and legal challenges to artistic freedom of expression and the sources of these new challenges.

The report from the conference concluded that censorship and self-censorship are significant influences in the arts, creating a complex picture of the different ways society controls expression. Institutional self-censorship, which many acknowledged suppresses creativity and ideas, was openly discussed for the first time.

Lack of understanding and knowledge about rights and responsibilities relating to freedom of expression, worries about legal action, police intervention and loss of funding, health and safety regulations, concern about provoking negative media and social media reaction, and public protests are all causing cultural institutions to be overly cautious.

One speaker at Taking the Offensive suggested that we are fostering a culture where “art is not for debate, controversy and disagreement, but it is to please”.

There is above all, unequal access to exercising the right to artistic freedom of expression, with artists from black and minority ethnic encountering additional obstacles.

Many felt that far greater trust, transparency and honesty about the challenges being faced need to be developed across the sector; dilemmas should be recast as a necessary part of the creative process, to be shared and openly discussed, rather than something to keep behind closed doors. This will make it possible for organisations to come together when there is a crisis, rather than standing back and withholding support: “if we collectively don’t feel confident about the dilemmas we face how can we move on with the public?”

I think there have been significant changes in the three years since the conference and, whilst I think the same challenges persist, there have been some really positive moves to tackle self-censorship within the sector.  The growth of What Next? has created precisely the platform to debate and discuss the pressures, dilemmas and controversies that the conference identified. What Next? has produced guidance on navigating some of these issues and is developing more resources on how organisations can support each other when work is contested.

Index on Censorship responded to the clear call from the conference for the need for guidance about legal rights and responsibilities if we are to create a space where artists are free to take on complex issues that may be disturbing, divisive, shocking or offensive.

We have published information packs around five areas of law that impact on what is sayable in the arts: Public Order, Race and Religion, Counter Terrorism, Child Protection and Obscene Publications. They are available on the website under our campaign Art and Offence. These have been well received by the sector and read by CPS and police and we are developing a programme of training which will, if all goes well, include working with senior police officers.

At the same time, pressures from outside the sector have intensified.

The role of the police in managing the public space when controversial art leads to protest has come into sharp relief over the past two-three years where they have repeatedly “advised” venues to remove or cancel work that has caused protest or may cause protest.

I did a case study on the policing of the picket of Exhibit B at the Barbican in London which is available on the Index website; and in the same year, the Israeli hip hop opera the City was closed in Edinburgh on the advice of the police.

More worryingly the police “advice” has also led to the foreclosing of work that is potentially inflammatory – as in Isis Threaten Sylvannia an art installation by Mimsy, that was removed from an exhibition called Passion for Freedom from the Mall Gallery last year.

With the removal of Isis Threaten Sylvania, we see a shift from the police advising closure following protest to the police contributing indirectly or directly to the decision to remove work to avoid protest.

In this case freedom of expression was actually given a price — set at £7,200 per day for the five days of the exhibition — the price set by the police for their services to guarantee public safety.

The police took the view that a perfectly legal piece of art, which had already been displayed without incident earlier in the year, was inflammatory. And in the balance of things as they stand, this opinion outweighs:

  • the right of the artist to express him or herself;
  • the organisation’s right to present provocative political art;
  • the audience’s right to view it;
  • and those that protest against it, the right to say how much they hate it, including when that means that they want the art removed.

This new chapter in the policing of controversial art sets alarm bells ringing and represents a very dangerous precedent for foreclosing any work that the police don’t approve of.

But going against police advice is problematic.

In Index’s information pack on Public Order we asked our legal adviser, working pro bono, questions that many artists and arts managers are concerned about:

What happens if police advise you not to continue with presenting a piece of work because they have unspecified concerns about public safety – and yet tell you it is your choice and they can only advise you?
The artist would in principle be free to continue with the work. It would be advisable, however, to ensure that the reasons held by the police were understood. It may also be prudent to take professional advice…

And then what responsibilities for safety do employers have to staff and the public in relation to continuing with an artwork that has been contested by the police?
An organisation also has duties to their employees and members of the public on their premises. These duties may extend to making an organisation liable in the event of injury to a person resulting from the unlawful act of a third party if, for example, that unlawful act was plainly foreseeable – in other words the police have given their warning.

What are the options for an arts organisation to challenge police advice at the time of the protest itself?
If the organisation believes that it has grounds to challenge police directions to avoid a breach of the peace, it can seek to take legal action on an urgent basis. Realistically…legal action will not be determined until some time later and until it is determined by the courts, the organisation and/or its members or employees would risk arrest if they do not comply with police directions.

So – what starts out as police advice which implies genuine choice, on closer inspection transforms into a Hobson’s Choice where failure to follow that advice could lead to arrest.

On this evidence, both self-censorship and direct censorship are the undesirable outcomes of this as yet unchallenged area of policing.

But the Crown Prosecution Service has read and approved the packs and our law packs are in the system with the police.

The ideal policing scenario is to keep the space open for both the challenging political art and the protest it provokes. Both are about freedom of expression, what we have to avoid is the heckler’s veto prevailing.

Going back to other recent examples of censorship — questions remain about the role of the police in the decision to cancel Homegrown the National Youth Theatre production of a play about the radicalisation of young Muslims by writer Omar El-Khairy and director Nadia Latif. This was followed earlier this year by the presentation, without incident, of Another World: Losing our Children to Islamic State at the National Theatre, play on similar themes by Gillian Slovo and Nicolas Kent.

I mention Another World because it is important to state the obvious, that all the work that has been contested by the police and been cancelled, relates to work about race and religion and the majority of artists involved in work that has been foreclosed are from black and minority ethnic communities.

Looking through the lens of freedom of expression, each case of censorship gives a valuable opportunity to view a specific snapshot of relationships within society and to analyse the power dynamics operating there, both directly around the censored work — whose voices are and aren’t being heard in the work itself, and in the field and context in which the work is taking place and again looking at who is in control, who decides what voices are heard. I don’t have time here to go into an analysis of each case, but what emerges is that freedom of expression is, as it stands, a biased affair in the UK and I believe will remain so while our society and our culture are not equal.

As well as these new cases of censorship that we have seen since the 2013 conference, we have also seen new government policy, legislation and regulations which place increasingly explicit controls on what we can say and have a chilling effect on many areas of expression and communication, and interaction with government.

Many campaigners and charities see the Criminal Justice and Courts Act 2015 as designed to deter charities from intervening in judicial reviews — the most important legal channel we have to call authorities to account; the Investigatory Powers Bill, better known as the Snoopers’ Charter gives the surveillance state more powers; the Prevent Strategy requires us to police each other – surveillance and policing our neighbours — two nasty authoritarian tactics, and most recently the anti-advocacy clause would effectively ban organisations from using government funds for lobbying — stifling dissent. It was due to come into law on 1 May but the consultation period was extended and it might be kicked into the long grass.

The government has made it clear that it wants us to see ourselves predominantly if not exclusively as businesses and in response we have successfully made the case that the arts contribute massively to the economy.

But we know we are so much more. The arts are a vital, at best magnificent and effective player in civil society — especially when you define civil society as “a community of citizens linked by common interests and collective activity”.

With our core values and freedoms under attack, the arts and other civil society bodies are responding. The discussion about the role of the artist in taking on the big issues in society — from climate change to the refugee crisis — has, from where I stand, definitely intensified and gone up the agenda over the past three years, both here and internationally, as the pressure on our freedoms and values also intensifies domestically and internationally.

To fully participate in society and to create art that calls power to account, we need to continue to identify, analyse and tackle the causes of self-censorship within the sector, and stand together to enter into dialogue with the various agents of control that we identify in the process.

Art can help us imagine and bring about a more equal and just future.

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