UK football social media blackout raises free speech issues

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The Premier League and a coalition of football governing bodies from across the United Kingdom are set to commence a social media blackout from 30 April to 3 May to raise awareness of online racist abuse, but the initiative has raised questions over its end goal.

Clubs, players and governing bodies have called for implementation of the contentious Online Harms Bill (also known as the Online Safety Bill), which will impose regulation on social media companies in order to ensure they remove hateful speech online. They hope the blackout will draw awareness and support of the issue.

The legislation has been criticised as the bill will introduce several key points that a number of free expression groups, including Index, believe to be regressive and will impact on people’s free speech online.

This includes the definition of terms such as “legal but harmful”, which will classify some speech as legal offline but illegal online, meaning there would be inconsistency within the UK system of law.

The Professional Footballers Association (PFA), however, are in strong support of the bill. In a statement they said they hoped social media companies would be held “more accountable”.

“While football takes a stand, we urge the UK Government to ensure its Online Safety Bill will bring in strong legislation to make social media companies more accountable for what happens on their platforms, as discussed at the DCMS Online Abuse roundtable earlier this week,” they said. “We will not stop talking about this issue and will continue to work with the government in ensuring that the Online Safety Bill gives sufficient regulatory and supervisory powers to Ofcom. Social media companies need to be held accountable if they continue to fall short of their moral and social responsibilities to address this endemic problem.”

Index’s CEO Ruth Smeeth has questioned using the bill as a solution to targeting racism, as well as the use of a blackout.

“No one who has spent any time on social media could deny the fact that there is a real problem, with abuse, racism and misogyny,” she said. “The nature of social media platforms seems to bring out the worst in too many people and empower hate from every corner. The question is, though, how to fix it.”

“This is more than about what platforms allow on their sites, it’s about the culture that has been allowed to thrive online. We are all responsible for it, so we all need to work together to fix it as we can’t legislate for cultural change.  I understand why the PFA wants to boycott social media platforms – but we saw only last year when others did the same because of antisemitism, boycotts deliver only temporary respite, the haters are still hating. We all deserve better.”

The blackout will see a period of silence on social media to symbolise clubs and governing bodies coming together against the serious issue of racism in football, though some believe the action to be counter-productive and may discourage those affected from speaking out, or removing a place for discourse where people can debate such issues.

Editor of football website These Football Times, Omar Saleem, released a statement explaining why they won’t be joining the blackout over the weekend saying clubs need to take “genuine action”, “not the weekend off”, but also called for social media companies to be held accountable.

“Silence is not the answer. I truly believe that. As a minority in football, that’s my opinion,” he said. “Racism cannot be fought by white-led social media teams suggesting we go silent for the weekend during some of the quietest times on those platforms.”

“Instead of silence, we need action. We need voices to speak louder than ever, programmes that educate and organise. We needed that societally post-George Floyd and we need it in football, too. We need clubs to take genuine action – not the weekend off.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”581″][/vc_column][/vc_row]

The Government’s policy paper on higher education: free speech and academic freedom

[vc_row][vc_column][vc_single_image image=”116270″ img_size=”full” add_caption=”yes”][vc_column_text]Index on Censorship was founded by writers and scholars, nearly half a century ago, in order to provide a bulwark against censorship. One of our founders, Stephen Spender, stated on our launch that: “The writers and scholars whom one relies on to support (Index) would obviously include those at universities. For the universities represent the developing international consciousness which depends so much on the free interchange of people, and of ideas.”

Which is why we are so intrigued by the Government’s publication of a policy paper outlining their plans to protect free speech and academic freedom on campus in England.  Index supports all efforts to protect academic freedom and will work with all stakeholders to protect this core right and while there is much to be applauded in the sentiments outlined, the devil, as always, is in the detail.

The policy paper does touch on one of the most dangerous threats to our collective academic freedom but it doesn’t suggest any policy prescriptions to address the influence of hostile nations in both limiting speech on campus and affecting the curriculum. In recent days, we have seen reports of academics being investigated for breaching national security laws because of their dealings with China. There have been ongoing reports of interference on campus both in terms of the curriculum and the work of student societies. This is where we need a strong government intervention – otherwise these hostile acts will continue unabated.

The Government has outlined seven specific policy proposals ranging from changing the onus on Higher Education providers to be proactive in their defence of academic freedom rather than passive, to the appointment of a Free Speech and Academic Freedom Champion who while working under the auspices of the Office for Students and will have the authority to act as an Ombudsman for complaints related to academic freedom.

Fundamentally the majority of these proposals are actually tweaks to the current legislative framework which already applies to English Universities, with the exception of the new appointment of a Free Speech Champion. In a positive light this could therefore be seen as an effort to simplify the current legal framework in order for people to better understand their rights and therefore they will feel empowered to demand genuine academic freedom.

However, our fear is that this isn’t the case. The Government have recognised that there is a problem on campus which is having a chilling effect in specific specialisms and leading to intolerance rather than debate at some of our academic institutions. This is however a cultural problem and you simply can’t legislate for cultural change – you need the carrot as well as the stick and this is missing from the policy paper.

It is also somewhat Orwellian to appoint a government Champion to determine what is and what is not free speech.

Fundamentally, Index welcomes this renewed commitment to academic freedom and will work with all stakeholders to try and ensure this works – even the new Free Speech Champion…  We just wonder if the Government may have been wiser to focus its efforts on ensuring that external pressures from hostile governments were being robustly resisted.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”8843″][/vc_column][/vc_row]

Biden’s first week in office and what it means for free speech

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Biden signs EO/White House/WikiCommons

Biden signs EO/White House/WikiCommons

President Joe Biden has signed a number of executive orders in the early days of his presidency that will impact upon free speech.

How the 46th president of the United States of America will be remembered in terms of protecting free speech will become apparent in the coming years. But, after four years of President Trump’s attacks on the media and introducing legislation that restricted a range of freedoms, the early days of the Biden’s administration have come as a welcome relief.

Of the more than two dozen orders signed, at least six will have ramifications for Americans in terms of their freedom of expression.

Index takes a look at how each will do just that.

Preventing and combating discrimination on the basis of gender identity or sexual orientation

Perhaps the most notable executive order signed in the last week is the order to prevent discrimination on the basis of sexual orientation or gender identity. Discriminatory bans on LGBT+ people can often stop them from speaking out.

The order says: “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.  Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.”

The order will end the ban on transgender students competing in sports teams for their identified gender.

Commenting on the order, the American Civil Liberties Union (ACLU) said: “The ACLU urges the Biden administration to not only roll back Trump administration policies discriminating against transgender and non-binary people, but take action to more fully recognize transgender and non-binary people. The ACLU’s priority for the Biden administration is an executive order related to accurate ID documents.”

Rescinds the Trump administration’s 1776 Commission, directs agencies to review their actions to ensure racial equity

Trump planned so-called ‘patriotic education’ in America’s schools, which raised alarm over First Amendment issues concerning forcing schools to teach children in a certain way.

The 1776 commission, set up in September 2020 and signed by executive order in November, essentially explored which parts of American should be taught and how they should be interpreted.

Announcing the commission Trump said: “We must clear away the twisted web of lies in our schools and classrooms and teach our children the magnificent truth about our country. We want our sons and daughters to know that they are citizens of the most exceptional nation in the history of the world.”

Biden rescinded the commission – which was ridiculed by historians – on his first day in office in an executive order on advancing racial equity.

Inclusion of non-citizens in the Census and apportionment of congressional representatives

When President Trump signed an executive order to not include people in censuses based on their immigration status, some viewed this as an infringement of their 14th amendment rights.

This section of the American constitution grants citizenship to all “born or naturalised within the United States” and gives them “equal protection under the laws”.

To not recognise illegal immigrants via a census may imply such people are no longer afforded such protections, key to ensuring their right to liberty and free speech. Biden’s order reverses this.

Fortifies DACA after Trump’s efforts to undo protections for undocumented people brought into the country as children

A new order reinstates the policy known as DACA or the Deferred Action for Childhood Arrivals, which had been implemented during the Obama presidency.

DACA ensures those undocumented immigrants who arrived in the USA under the age of 16 could apply for a permit allowing them to work legally in the country, providing they have a high school diploma and (next to) no criminal record.

Trump rescinded the policy and subsequently his Department of Justice claimed information given by those applying for the permits could later be used against them to deport them, despite the act of declaring information on the form being part of a process of establishing their legal entitlements. This was a clear violation of the protection of their free speech.

Reverses the Trump administration’s restrictions on US entry for passport holders from seven Muslim-majority countries

The First Amendment protects the sharing of information and speech. Trump’s ban on citizens of seven predominantly Muslim countries was an obvious barrier to this.

The policy also raised questions over the respect of religious freedom and reached the Supreme Court in 2018, where it was upheld.

Dissenting voices at the time were expressed by Justice Sonia Sotomayer who – joined by Ruth Bader Ginsburg – said: “The United States of America is a Nation built upon the promise of religious liberty. Our founders honoured that core promise by embedding the principle of religious neutrality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle.”

When Biden reversed the policy on 20 January, the White House released a statement saying: “The United States was built on a foundation of religious freedom and tolerance, a principle enshrined in the United States Constitution.”

Biden overturns ban on transgender troops

One of the most controversial policies brought in under the administration of President Donald Trump was the ban on transgender members of the military.

Transitioning troops were previously required to be stable in their gender for a minimum of 18 months before being allowed to serve. Biden’s latest executive order eliminates this.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”5641″][/vc_column][/vc_row]

The week that tested the boundaries of free speech

[vc_row][vc_column][vc_single_image image=”116027″ img_size=”full”][vc_column_text]Irony – a situation in which something which was intended to have a particular result has the opposite or a very different one

Censored – suppressed, altered or deleted as objectionable

Words are important and while language is ever evolving some words have had the same meaning for decades, even centuries, and there are simply no excuses for misrepresenting them to try and fit your political worldview. Words have status, they have legal bearing and they are also a thing of beauty enabling us to communicate with each other.

This week we saw the ultimate unintentionally ironic political statement during the debate in the House of Representatives concerning Donald Trump’s second impeachment. Rep Marjorie Taylor Greene, a freshman Republican congresswoman from Georgia, stood up to defend the rhetoric of the president, speaking from the US Capitol, from the chamber of Congress, the home of US democracy, on live television and while being live streamed around the world, with a face mask which read “CENSORED”.

Perhaps it was a veiled reference to Trump’s removal from Twitter? But at that very moment, the congresswoman herself, with her words and her world view being heard by literally millions of people and recorded for posterity in both the media and the Congressional Record, was not being censored. Her voice wasn’t being limited, she wasn’t being forced to restrict her language or caveat her political position. She is fortunate to live in a country where free speech is still both protected and valued. And to suggest otherwise undermines the global fight for the right to free speech in repressive regimes.

Senator Josh Hawley has had his book contract cancelled by Simon & Schuster. They said “[a]fter witnessing the disturbing, deadly insurrection that took place on Wednesday in Washington, D.C. We did not come to this decision lightly. As a publisher it will always be our mission to amplify a variety of voices and viewpoints; at the same time we take seriously our larger public responsibility as citizens, and cannot support Senator Hawley after his role in what became a dangerous threat to our democracy and freedom.”

Hawley is claiming that he is being cancelled, that his constitutional right to free speech is being attacked and that he is suing. We know that because Hawley was featured in nearly every news outlet which covers the USA, both foreign and domestic. Hawley remains a senator, he has the right to speak to his nation in every sitting outlining his priorities and world view. His words were published this week in an op-ed in his local media. He hasn’t been silenced or cancelled, his lucrative book deal has. And even if that sets a bad precedent – a debate we will explore further at Index over the coming months – it is not the same thing.

Our right to free speech is precious. It is something that we need to cherish. Not abuse. And we need to be honest about when it is and is not being threatened. It is being threatened in Belarus, where our own correspondent Andrei Aliaksandrau has just been arrested by the regime. It is under threat in Egypt where according to the Egyptian Initiative for Personal Rights 60,000 political prisoners are incarcerated. It is nonexistent in Xinjiang province, China, where millions of Uighurs have been sent to re-education camps. It is not being threatened in the USA – it may be being challenged but these words mean different things.

I believe passionately about our right to free speech. I think everybody has the right to speak, to argue their position, to tell their stories. But there is a difference from having the right to speak and the right to be heard. Simply put you don’t have the latter, it is not a universal right, which can be unjust and for some incredibly damaging but it’s the reality we live in.

This brings me to the other controversy of the week, which warrants a great deal of debate and conversation. Something Index is going to launch in the coming weeks – the suspension of Trump from his social media accounts. Most online platforms are corporate entities, who balance responsibilities to defend free speech and to protect their users. They have a duty of care to their customers as well as to their corporate reputations. They also facilitate a great deal of our national and personal conversations. And they have made the remarkable decision to remove the President of the United States from their sites. They had the right to do this, but the question is should they have removed him and more importantly who decided he shouldn’t be there?

It was not a decision that was taken lightly. “I do not celebrate or feel pride in our having to ban @realDonaldTrump from Twitter, or how we got here. After a clear warning we’d take this action, we made a decision with the best information we had based on threats to physical safety both on and off Twitter. Was this correct?” wrote CEO of Twitter Jack Dorsey.

In his thoughtful thread on the action he wrote: “Having to take these actions fragment the public conversation. They divide us. They limit the potential for clarification, redemption, and learning. And sets a precedent I feel is dangerous: the power an individual or corporation has over a part of the global public conversation.”

As Dorsey himself acknowledges we need to explore what role these companies really play in our society. Are they merely platforms enabling us to engage within a framework they determine? Are they publishers responsible for every word on their sites? Do they govern the public space or merely facilitate it? And do we know what they are doing? Their actions can determine who speaks and who is heard. We need a really robust conversation about where the red lines should be on online content and what is or isn’t acceptable. These questions have been circulating for a while but have never felt more crucial to be addressed than this week. These are the questions that will define our online presence in the years ahead, so we need answers now.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]