1 May 2015 | Campaigns, mobile, Statements
On World Press Freedom Day, 116 days after the attack at the office of the satirical newspaper Charlie Hebdo that left 11 dead and 12 wounded, we, the undersigned, reaffirm our commitment to defending the right to freedom of expression, even when that right is being used to express views that we and others may find difficult, or even offensive.
The Charlie Hebdo attack – a horrific reminder of the violence many journalists around the world face daily in the course of their work – provoked a series of worrying reactions across the globe.
In January, the office of the German daily Hamburger Morgenpost was firebombed following the paper’s publishing of several Charlie Hebdo images. In Turkey, journalists reported receiving death threats following their re-publishing of images taken from Charlie Hebdo. In February, a gunman apparently inspired by the attack in Paris, opened fire at a free expression event in Copenhagen; his target was a controversial Swedish cartoonist who had depicted the prophet Muhammad in his drawings.
A Turkish court blocked web pages that had carried images of Charlie Hebdo’s front cover; Russia’s communications watchdog warned six media outlets that publishing religious-themed cartoons “could be viewed as a violation of the laws on mass media and extremism”; Egypt’s president Abdel Fatah al-Sisi empowered the prime minister to ban any foreign publication deemed offensive to religion; the editor of the Kenyan newspaper The Star was summoned by the government’s media council, asked to explain his “unprofessional conduct” in publishing images of Charlie Hebdo, and his newspaper had to issue a public apology; Senegal banned Charlie Hebdo and other publications that re-printed its images; in India, Mumbai police used laws covering threats to public order and offensive content to block access to websites carrying Charlie Hebdo images. This list is far from exhaustive.
Perhaps the most long-reaching threats to freedom of expression have come from governments ostensibly motivated by security concerns. Following the attack on Charlie Hebdo, 11 interior ministers from European Union countries, including France, Britain and Germany, issued a statement in which they called on internet service providers to identify and remove online content “that aims to incite hatred and terror”. In the UK, despite the already gross intrusion of the British intelligence services into private data, Prime Minister David Cameron suggested that the country should go a step further and ban internet services that did not give the government the ability to monitor all encrypted chats and calls.
This kind of governmental response is chilling because a particularly insidious threat to our right to free expression is self-censorship. In order to fully exercise the right to freedom of expression, individuals must be able to communicate without fear of intrusion by the state. Under international law, the right to freedom of expression also protects speech that some may find shocking, offensive or disturbing. Importantly, the right to freedom of expression means that those who feel offended also have the right to challenge others through free debate and open discussion, or through peaceful protest.
On World Press Freedom Day, we, the undersigned, call on all governments to:
• Uphold their international obligations to protect the rights of freedom of expression and information for all, especially journalists, writers, artists and human rights defenders to publish, write and speak freely;
• Promote a safe and enabling environment for those who exercise their right to freedom of expression, especially for journalists, artists and human rights defenders to perform their work without interference;
• Combat impunity for threats and violations aimed at journalists and others threatened for exercising their right to freedom of expression and ensure impartial, speedy, thorough, independent and effective investigations that bring masterminds behind attacks on journalists to justice, and ensure victims and their families have speedy access to appropriate remedies;
• Repeal legislation which restricts the right to legitimate freedom of expression, especially such as vague and overbroad national security, sedition, blasphemy and criminal defamation laws and other legislation used to imprison, harass and silence journalists and others exercising free expression;
• Promote voluntary self-regulation mechanisms, completely independent of governments, for print media;
• Ensure that the respect of human rights is at the heart of communication surveillance policy. Laws and legal standards governing communication surveillance must therefore be updated, strengthened and brought under legislative and judicial control. Any interference can only be justified if it is clearly defined by law, pursues a legitimate aim and is strictly necessary to the aim pursued.
PEN International
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre
Albanian Media Institute
Article19
Association of European Journalists
Bahrain Center for Human Rights
Belarusian PEN
Brazilian Association for Investigative Journalism
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Media Freedom and Responsibility
Centre for Independent Journalism – Malaysia
Danish PEN
Derechos Digitales
Egyptian Organization for Human Rights
English PEN
Ethical Journalism Initiative
Finnish PEN
Foro de Periodismo Argentino
Fundamedios – Andean Foundation for Media Observation and Study
Globe International Center
Guardian News Media Limited
Icelandic PEN
Index on Censorship
Institute for the Studies on Free Flow of Information
International Federation of Journalists
International Press Institute
International Publishers Association
Malawi PEN
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Rights Agenda
Media Watch
Mexico PEN
Norwegian PEN
Observatorio Latinoamericano para la Libertad de Expresión – OLA
Pacific Islands News Association
PEN Afrikaans
PEN American Center
PEN Catalan
PEN Lithuania
PEN Quebec
Russian PEN
San Miguel Allende PEN
PEN South Africa
Southeast Asian Press Alliance
Swedish PEN
Turkish PEN
Wales PEN Cymru
West African Journalists Association
World Press Freedom Committee
World Press Freedom Day 2015
• Media freedom in Europe needs action more than words
• Dunja Mijatović: The good fight must continue
• Mass surveillance: Journalists confront the moment of hesitation
• The women challenging Bosnia’s divided media
• World Press Freedom Day: Call to protect freedom of expression
1 May 2015 | Denmark, European Union, France, Germany, Greece, Hungary, Ireland, Italy, Macedonia, mobile, News and features, Poland, Spain, Turkey, Ukraine, United Kingdom
As we approach World Press Freedom Day, the right to freedom of expression will again be celebrated as an inalienable European value across the continent — by the public, the media and politicians alike. But to many, this will mean little more than engaging in a well trodden mental routine. We hardly consider the difficulties that freedom of expression faces in practice.
In the first part of 2015, more than a third of journalist killings in the word took place in two European countries; France and Ukraine. If it is true that Europe’s reactions to the Charlie Hebdo attack — the majority of them very emotional — were salubrious, they simultaneously gave rise to ambiguous situations. Many of the leaders that will on 3 May reaffirm their commitment free expression, supported the same message by taking part in the historic march in Paris on 11 January.
But upon seeing Angela Merkel, some were also reminded that Germany continues to treat blasphemy as a crime — as do Denmark, Spain, Poland and Greece, among others. Ireland, whose Enda Kenny was also in attendance, has a constitution which specifically mentions blasphemy and in 2010 enacted a new law against it. All these European countries defend themselves by saying that they do not apply their laws against “blasphemers”. That argument does not carry much weight when it comes to opposing those countries — Saudi Arabia, Iran, various Asian countries — that have tried to turn blasphemy into a universal crime recognised by the UN.
Spain’s Mariano Rajoy too marched in solidarity, but his government has taken steps to promote changes in the penal code that would “represent a serious threat to freedom of information, expression and the press”.
And what was Viktor Orban doing in Paris? The Hungarian president has reunified Hungary‘s public media so as to better bind them to his own party. Despite being the leader of an EU country, Orban has followed Vladimir Putin’s example. In this experimental model, the Andrei Sakharov Center and Museum is no longer ordered to close as it was in the old days, but rather fined 300,000 roubles (€5,000) for failing to register as a “foreign agent”. One day brings an announcement of compulsory registration for bloggers in Russia; another day, harassment against Russian and Hungarian NGOs perceived as “unpatriotic”.
Turkish Prime Minister Ahmet Davutohlu traveled to Paris, only to later label Charlie Hebdo’s post-attack issue a “provocation”. A reminder: Turkey is an EU candidate country where dozens of journalists have been sentenced to prison, and where various internet sites, including those that dared to reproduce some of Charlie Hebdo’s caricatures, have been blocked.
But also present at the march, were various representatives of European journalists — myself included. Just behind the Charlie Hebdo survivors, we carried a banner with the message “Nous sommes Charlie”.
Walking next to me was Franco Siddi, of the Italian National Press Federation. He talked to me about how imprisonment for defamation is still a possibility in Italy, though the European Court of Human Rights has ruled it a disproportionate punishment.
In my home country Spain too, this possibility of imprisonment remains, even if under Spanish jurisprudence freedom of expression consistently prevails over the demands of plaintiffs. In Italy, the situation is the same, yet my Italian colleagues point out that in 2014 alone, 462 journalists in the country were threatened with legal action for alleged acts of defamation. And while the current proposal for reform being considered foresees eliminating the possibility of jail time, it increases the potential fines.
This is not the only potential legal threat facing European journalists. Long before 9/11, there existed a reflexive habit of passing “urgent” laws under security pretexts, as in the UK during the most difficult years of the Northern Ireland conflict. The current model is the United States’ Patriot Act, which has recently been discussed in France. Meanwhile, in Britain and Spain are debating what free expression activists describe as “gag laws”. In Macedonia, the sentencing of the investigative journalist Tomislav Kezarovski to two years in prison under one of these security inspired laws stands out as a warning sign.
Against this worrying backdrop, across Europe journalists, freedom advocates, campaigners and even politicians are standing up for press freedom. When Gvozden Srecko Flego, member of the Parliamentary Assembly of the Council of Europe, recently highlighted the cases of Russia, Ukraine, Turkey and Azerbaijan as particularly problematic, he also suggested a countermeasure. He recommends “organising annual debates […], with the participation of journalists’ organisations and media outlets” in the respective parliaments of each state.
Media concentration, one of the most serious challenges to media pluralism and free expression in Europe, is being tackled. One proposal, which some international bodies have already accepted, would create a “Media Identity Card” requiring owners to publicly identify themselves and thus create an environment of more open and transparent media ownership.
When defending freedom of expression as a European value, we cannot allow ourselves to simply fall in into mental routines. This World Press Freedom Day we need both words and actions.
Paco Audije is a member of the Steering Committee of the European Federation of Journalists (EFJ)
World Press Freedom Day 2015
• Media freedom in Europe needs action more than words
• Dunja Mijatović: The good fight must continue
• Mass surveillance: Journalists confront the moment of hesitation
• The women challenging Bosnia’s divided media
• World Press Freedom Day: Call to protect freedom of expression
This column was posted on 1 May 2015 at indexoncensorship.org
26 Sep 2014 | Digital Freedom, Europe and Central Asia, News and features, Politics and Society
Dunja Mijatovic, OSCE Representative on Freedom of the Media
“States must stop trying to define who is and isn’t a journalist. The media landscape has changed irreversibly,” said Dunja Mijatovic, OSCE Representative on Freedom of the Media, as she opened the organisation’s Open Journalism event in Vienna on Friday, 19 Sept.
Journalism – wherever you draw its boundaries – has more voices than ever, but are all they all being properly recognised and safeguarded? This was one of the main problems addressed by the expert panel, which included Index on Censorship, alongside delegates from Azerbaijan, Serbia, Estonia, Russia, Kazakhstan, Bosnia and many other OSCE member states.
Gill Phillips, the Guardian’s director of editorial legal services, spoke via pre-recorded video about difficulties in defining journalism and deciding who gets journalistic protection. She cited the Snowden scoop, which was led by Glenn Greenwald, a former lawyer, and later embroiled his partner, David Miranda. Who gets the protection? Greenwald? Miranda? Lead staff reporter David Leigh? All three?
There was widespread condemnation of Russia’s new law, which compels bloggers with more than 3,000 views per day to be registered with the authorities. “[The bloggers] have certain privileges and obligations,” said Irina Levova, from the Russian Association of Electronic Communications, who repeatedly defended the law. “Online and offline rights are not the same,” she said, adding that some of those who deemed the law a mode of censorship have been revealed as “foreign agents”.
Another topic – raised repeatedly by various attendees – was Russian media’s growing influence over citizens in nearby countries. Begaim Usenova of the Media Policy Institute in Kyrgyzstan said: “The common view being spread from the Russian media is that the United States is starting world war three and only Putin can stop him.”
Yaman Akdeniz, a Turkish cyber-rights activist, shared news of Twitter accounts that remain blocked in his country, including some with over 500,000 followers. Igor Loskutov, a business director from Kazakhstan, looked back on the first 20 years of internet in his country and how authorities have gone from ignoring their first rudimentary websites to now wanting complete control.
The thorny issue of “public interest” was also discussed. Jose Alberto Azeredo Lopes, professor of International Law at the Catholic University of Porto, raised some smiles with his theory: “It’s like pornography. You can’t define it. But you know it when you see it.”
As the day-long discussions wrapped up, one delegate asked: if a blogger’s first-ever post goes viral, are they immediately subject to the same laws as the press? Especially in countries that now insist bloggers register.
The debate over the difference between journalists and bloggers went round in circles – as it always does – but the OSCE is hoping to be able to compile all the findings from its expert meetings into an online resource to move the discussion forward.
Azeredo Lopes concluded: “If you don’t distinguish freedom of expression from freedom of the press, you end up with no journalists, and that is the crisis that journalism faces today.”
Read our interview with Dunja Mijatovic, OSCE’s Representative on Freedom of the Media, in the autumn issue of Index on Censorship Magazine, coming soon
This article was published on Friday September 26 at indexoncensorship.org
20 Aug 2014 | Digital Freedom, News and features, Turkey Statements
IGF 2013 was in Indonesia. This time Turkey plays host.
This year’s Internet Governance Forum (IGF) — a high-profile, United Nations-mandated annual conference on issues surrounding governance of the internet — is taking place in Istanbul, Turkey. But Yaman Akdeniz and Kerem Altiparmak, two renowned Turkish internet rights advocates, are boycotting it. Here they explain why.
Between May 2007 and July 2014 Turkey blocked access to approximately 48,000 websites subject to its controversial Internet Law No 5651. Although the law is ostensibly aimed to protect children from harmful content, from the very beginning it has been used to prevent adults’ access to information. In February amendments made to the legislation extended blocking provisions to include URL-based blocking of internet content. The same amendments compelled all internet service providers (ISPs) to be part of an association for access providers to centrally enforce blocking orders within four hours of receipt. It also introduced one-to-two-year data retention requirements for hosting companies and all ISPs. Furthermore, subject to new provisions, ISPs are required to take all necessary measures to block alternative access means such as proxy websites and other circumvention services including, possibly, VPN services. The amended version of the law also shields staff from the Presidency of Telecommunications and Communication (TIB) from prosecution if they commit crimes in their work for the telecoms authority.
In March access to both Twitter and YouTube was blocked arbitrarily and unlawfully by the TIB. With both blocking orders the government aimed to prevent the circulation of graft allegations ahead of local elections to be held on 30 March. During the blocking period, the authorities also ordered major ISPs to hijack Google and OpenDNS’s DNS servers, tampering with the DNS system to surveil communications, as well as to prevent users from circumventing blocking orders. Turkey’s constitutional court stated that the blocking of Twitter by TIB constituted a grave intervention on the freedom of expression of all Twitter users. Furthermore, in a 14-2 majority judgment, the court decided that the YouTube ban infringed on freedom of expression protected by the constitution.
However, despite these strong rulings, Twitter decided to implement its country withheld content policy for Turkey and started to block access to certain Turkish accounts and individual tweets. It was reported in June that Twitter complied with 44 out of 51 court decisions since they visited Ankara on 14 April, and the US-based social media platform continues to aid and assist Turkish authorities in censoring political content.
Facebook has also banned the pages of a number of alternative news sources, including Yüksekova Haber (Yuksekova News), Ötekilerin Postası (The Others’ Post), Yeni Özgür Politika (New Free Policy), Kürdi Müzik (Kurdish Music), and other groups related to Kurdish movements. The site has also been criticised for removing several pages related to the Peace and Democracy Party (BDP). Regardless of the above-mentioned constitutional court decisions, access to popular platforms such as Scribd, Last.fm, Metacafe, and Soundcloud is currently blocked from Turkey. Access to WordPress, DailyMotion, Vimeo and Google+ has in the past year been blocked temporarily by court or administrative orders. A number of alternative news websites that report on Kurdish issues, including Firat News, Azadiya Welat, Dengemed and Keditor, remain indefinitely blocked. In total it is estimated that 200 websites are banned indefinitely for their pro-Kurdish or left wing content.
Over the past year, many people have received suspended sentences and fines for their social media activity, usually on charges related to terrorism, blasphemy, or criticism of the state and its officials. In the crackdown following the Gezi Park protests of June 2013, dozens of people were detained over their social media posts. Criminal investigations and prosecutions were initiated subject to Articles 214 and 217 of the Turkish criminal code concerning incitement to commit a crime and disobey the law, as well as miscellaneous provisions of Law No 2911, on demonstrations and public meetings. In September 2013, pianist and composer Fazil Say was given a suspended sentence of 10 months and court supervision for insulting religious values in a series of tweets. Such criminal investigations and prosecutions have a chilling effect on all social media platform users.
In addition to widespread blocking of websites and content as well as criminal investigations and prosecutions to silence political speech, the Turkish authorities are also building surveillance infrastructure, which includes the deployment of deep packet inspection systems to monitor all forms of communications unlawfully.
Therefore, we have decided to boycott IGF 2014 hosted by Ministry of Transport, Maritime and Communications and coordinated by the Information and Technologies Authority. We also confirm that we will not be taking part in the IGF.
Yaman Akdeniz & Kerem Altiparmak
This edited version of the statement has been republished with permission from the authors. You can find the original and fully referenced statement here.
