Repression in Iran

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New report: Breaking encryption is legally and practically unworkable

Index on Censorship has today published a new report entitled Breaking encryption is legally and practically unworkable which sets out our position on why governments should not break end-to-end encryption (E2EE).

Major service providers such as WhatsApp – which alone services 42 million users in the UK – Telegram, and Signal, use E2EE, allowing their users to securely send private messages that only they can read. E2EE works by scrambling the contents of a message into unintelligible code using a pair of cryptographic keys. In systems protected by E2EE, only the sender and the recipient hold the keys needed to decrypt the message, meaning that no one else – not even the service provider itself – can access its contents.

E2EE is an essential factor in protecting individuals and businesses from hacking, identity and personal data theft, and fraud, and it is a critical tool used by individuals for whom their safety and security depend on their communications being private and secure. This includes journalists communicating with their sources, dissidents under authoritarian regimes, human rights defenders, and victims in victim support groups.

The report builds upon years of work by Index on Censorship, parliamentarians, and independent counsel at Matrix Chambers to clearly and unequivocally demonstrate that “Technology Notices” that can be issued by Ofcom under s. 121 of the Online Safety Act 2023 (the “OSA”) are fundamentally incompatible with international and domestic human rights laws: their effect would amount to ending access to end-to-end encrypted messaging in the United Kingdom, contravening Articles 8 and 10 of the European Court of Human Rights and breaching Ofcom’s obligations under the Human Rights Act 1998, fundamentally alter the face of digital communications in the United Kingdom, and leave the UK government vulnerable to a barrage of diplomatic and international legal disputes.

At Index on Censorship, we have published censored writers across the globe since 1972. Today, we’re using encrypted messaging apps to keep in touch with our network of correspondents around the world, from Iran, to Afghanistan, to Hong Kong. 

We were vindicated in raising the alarm over the government’s ongoing crusade against encryption, its potential abuse under the IPA, and we have repeatedly called for Ofcom’s power to issue Technology Notices to be removed from the OSA given their legal and practical failings.

While the OSA’s aims are commendable, the road to mass censorship is paved with good intentions, and the Government still has the chance to avoid this legal headache and practical international embarrassment.

Read the report here or flip through it below.

 

How artist Sai’s exhibition in Thailand was censored after Chinese protests

If you had told Sai a month ago that his latest exhibition would force him to flee across the world, he might not have been surprised.

After spending hundreds of days hiding above an interrogation centre in his home country of Myanmar, sneaking cameras illegally through military checkpoints and risking his life raising awareness about the horrors of the junta through art, he seems immune to shock.

He told Index that to get out of the country and come to Thailand in 2021, he had to “imagine himself dead”.

This experience influenced his work as an artist and curator who has become renowned for his powerful works about the trauma of political persecution and Myanmar’s military coup.

His latest Bangkok show, co-curated with his wife, is Constellation of Complicity: Visualising the Global Machine of Authoritarian Solidarity. It links his experiences with artists from around the world in a powerful exploration of how authoritarian regimes collude internationally in systems of repression. But for some, its message struck too close to home.

It opened at the end of July at the Bangkok Arts and Cultural Centre (BACC), where Sai and his wife had settled in exile. But shortly after it opened, he says that Chinese embassy officials arrived with Thai authorities and demanded that it be shut down.

A display showing artist names which were redacted after complaints from Chinese embassy officials in Thailand. Photo: Pran Limchuenjai

A compromise was reached, but what followed was a wave of censorship that stripped the audacious exhibition of artists’ names, politically sensitive references and some of its bravest works.

The names of Uyghur artist Mukaddas Mijit, Tibetan artist Tenzin Mingyur Paldron and Hong Kong artist duo Clara Cheung and Gum Cheng Yee Man were all blacked out and their works pared down or removed entirely.

Tenzin Mingyur Paldron was the most heavily censored, with the televisions screening his video installations about the Dalai Lama and LGBTQ+ Tibetans switched off.

Tibetan and Uyghur flags were removed and a description of the censored artists’ homelands was concealed with black paint. An illustrated postcard comparing China’s treatment of Muslim populations to Israel’s was also taken down.

Sai, who goes by a single name to protect his identity after repeated warnings that he is being sought by the junta, is no stranger to state power.

His father, the former chief minister of Myanmar’s biggest state, was abducted and jailed on falsified charges after the 2021 coup. His mother lives under 24-hour surveillance, constantly fearing for her safety.

This experience has shaped both his politics and his practice. “My works usually combine social experiment with institutional critique,” he explained. “But since 2021, it has mostly been reflective of my lived experience.”

This inspired the most recent exhibition, which brings together exiled Russian, Iranian, Syrian, Burmese, Tibetan, Uyghur and Hong Kong artists. It’s a snapshot of life under repression, mapping the contours of a global authoritarian network.

“We formulated what would happen if all of the oppressed united together against the few [oppressors],” Sai explained about his defiant stance which quickly stoked retaliation.

“We were very used to absurdity, with what happened to my father, my country, my loved ones. But this was another international-level absurdity happening – the absurdity of transnational repression.”

Thailand, which Sai had once seen as a place of refuge where a large community of pro-democracy artists and dissidents from Myanmar could work with relative freedom suddenly felt perilously unsafe.

“Thailand has long tried to balance being a host for dissidents with keeping strong relations with China,” he said. “The intervention by the CCP, and Thailand’s willingness to comply with it, shows just how fragile that space really was.”

After being informed that police were looking for them, Sai and his wife booked flights out of the country. They fled within hours and are now seeking asylum in the UK.

But he is sympathetic towards the BACC. It is funded by the Bangkok Metropolitan Administration, and he said it decided to censor the show due to its “connection to city authorities and the political sensitivities such as threats to diplomatic relations between Thailand and China”.

“They were under immense pressure and chose partial censorship as a way of protecting the institution,” he concluded.

However, the irony was almost too much to bear as the Chinese response handed the exhibition, which might otherwise not have been noticed, a global platform. The artists who had their names blocked out have gone viral, reaching new heights of fame. Visitors have flocked to the exhibition, while the gallery has faced uproar for its decision to bow to censorship.

Sai also says it also taught him a valuable lesson. “When we got out [of Myanmar] we promised that we would make something for our country. Now we’ve learned something – we can’t just do it for our own country, because all of these geographical boundaries are just constructs. We live in one world, and we need to fight against global repression together.”

The week in free expression 24 October – 31 October

Bombarded with news from all angles every day, important stories can easily pass us by. To help you cut through the noise, every Friday Index publishes a weekly news roundup of some of the key stories covering censorship and free expression. This week, we look at the deployment of the military against protesters in Tanzania and a rock band playing on the streets of Tehran.

Tanzania: Military deployed and curfews enacted

Protests have erupted in Tanzania following a disputed election and the deployment of the military to enforce a curfew across Dar es Salaam.

President Samia Suluhu Hassan, incumbent leader of the ruling Chama Cha Mapinduzi (CCM) party and one of only two female leaders in Africa, won 78.8% of the vote. Her victory has been disputed, especially as candidates from the top two opposition parties had been disqualified from running in the election. CCM has been in control of Tanzania since it gained independence in 1961.

Index covered the lead-up to the election, and reported on fears that the opposition leaders are being silenced.

Internet watchdog Netblocks has reported an internet blackout across the country following the beginning of the curfew.

Opposition leader Tundu Lissu has been imprisoned on charges of treason for his calls for electoral reform, whilst Luhaga Mpina, who leads the second largest opposition party was barred from taking part in the election.

Protests are still ongoing as demonstrators reject the election results.

Iran: Rock band shows sparks of rebellion

In a startling video we saw this week, Iranians have taken to the streets of Tehran to watch a rock band playing the White Stripes 2003 single Seven Nation Army.

The video has been widely shared, and shows women dancing in the street without wearing head coverings in a display of freedom on the streets.

Index has been following the clampdowns on musicians in Iran over the last few years.

This display follows a growing movement of defiance against mandatory hijab requirements across Iran that has built steadily since the 2022 Woman, Life, Freedom protests sparked by the murder of Mahsa Jina Amini.

Nigeria: Visa rejection for Nobel winner

91-year-old Nobel Laureate Wole Soyinka announced on Tuesday that the USA had revoked his non-resident visa.

Soyinka won the 1986 Nobel Prize in Literature and is widely known for his work as a playwright and poet. He previously renounced his permanent US residency in protest at the election of President Donald Trump.

Soyinka said: “I was given a date to report to their consulate with my passport. I declined the invitation. First of all, I didn’t like the date. Everybody knows what happened on that date, 9/11, many years ago, so it is rather unfortunate that they picked that date. So I said, ‘Sorry, I’m superstitious; I’m not coming on that day.’ And ultimately, I made it clear I was not going to apply for another date to bring in my passport. So I travelled out.

“When I came back – even before I came back –  I got a letter from the ambassador.

“So we arranged a call, and I explained. Again, he offered a special visit by me at the consulate, and they would ask a few questions about the possible facts that existed that they didn’t know about when this visa was issued. We spoke, and I said, ‘Shall I be equally frank with you? I’m not interested.’”

Visa rules changed for Nigerians in July, with non-immigrant visas now receiving single-entry three-month permits as opposed to the up to five-year multiple-entry visas available previously. 

USA: Gamers wanted for ICE 

The White House has continued its use of memes in its effort to recruit members for the United States Immigration and Customs Enforcement (ICE).

Recent posts by the Department of Homeland Security on X have used screenshots from the Halo video game series overlaid with phrases such as “stop the flood” equating the undocumented migrants ICE targets with the alien enemies faced in the video game. 

The posts come in the wake of numerous controversies facing the organisation, with multiple shootings reported this week in relation to ICE, and a British national being held by the organisation after the US had revoked his visa.

Similarly AI has become a mainstay. We’ve covered the trend in the latest edition of our magazine – and that was before a post from President Trump on his Truth Social platform last week imagining him flying a fighter jet over protesters covering them in excrement.

Memes and online culture have been a mainstay of the Donald Trump presidencies since he first took power in 2016, with an online culture developing around his campaign on sites such as 4chan

Vietnam: BBC journalist trapped

A journalist from the BBC has been blocked from leaving Vietnam according to a statement released by the broadcaster.

The Vietnamese national has not been named, however the BBC released the following statement: “One of our journalists has been unable to leave Vietnam for several months as the authorities have withheld their ID card and their renewed passport.

“During this time our journalist was subject to multiple days of questioning by the authorities. The BBC journalist was in Vietnam for a routine passport renewal and to visit family.

“We are deeply concerned about our journalist’s wellbeing and urge the authorities to allow them to leave immediately, providing them with their renewed passport so they can return to work.”

UK Prime Minister Keir Starmer reportedly raised the issue with general secretary of the Communist Party of Vietnam Tô Lâm during a state visit to the UK this week, however no updates have been made on the status of the journalist.

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