9 Oct 2013 | News and features, Russia
The Arctic Sunrise scandal began on 18 September, when Greenpeace activists reached Russia’s state gas giant Gazprom oil rig Prirazlomnaya. The Arctic Sunrise crew consisted of 28 activists from 18 different countries, including New Zealand, Australia, United Kingdom, Russia, France, Italy, Canada and Argentina, and two journalists – Russian photographer Denis Sinyakov and British videographer Kieron Bryan. Captain Peter Willcox was skipper of Greenpeace’s legendary “Rainbow Warrior” – a ship on which Greenpeace activists protested against testing nuclear weapons in late 1980s.
The activists lowered dinghies trying to disembark to the oil rig to hang out a banner, criticising petroleum production in the Arctic, but were seized by Russian frontier guards, “Arctic Sunrise” towed to Murmansk and its crew members arrested.
All thirty Greenpeace activists from “Arctic Sunrise” ship have face charges of piracy in Russian city of Murmansk – a criminal article which stipulates up to 15 years in jail.
The activists deny the charges and have been refusing to give evidence since their very arrest.
Vladimir Putin commented:
“I do not know the details of what happened, but they are definitely not pirates. But formally they tried to siege the rig, and our law enforcement authorities, our frontier guards didn’t know, who was trying to seize this rig under the name of Greenpeace – in the context of events in Kenya this could be anything,”
One could not perceive Russian president’s words unambiguously. On the one hand, he made it clear Greenpeace activists were not pirates, and his words have always been an indirect order for Russian courts. On the other hand, he did actually compare Greenpeace with terrorists.
Gennady Lyubin , executive director of Gazprom Schelf Neft – the owner of Prirazlomnaya –insists that Greenpeace members’ actions could have led to “unpredictable and even tragical consequences” and says that Prirazlomnaya is absolutely safe.
Russian journalists have stood up for their colleague Denis Sinyakov and his colleagues from Greenpeace.
They held pickets near Russian Investigative Committee headquarters in Moscow. Leading online media illustrated their articles with black squares instead of photographs.
Greenpeace, famous for its remarkable, yet always peaceful protests against threats to nature, have noted that “Arctic Sunrise” crew didn’t do any harm to anyone, nor did it try to take possessions.
What was happening should have been quite obvious for Russian authorities, including Vladimir Putin; it’s not the first time Greenpeace has protested against Gazprom’s petroleum production in the Arctic.
Early in September 20 Greenpeace activists wearing polar bear costumes blocked the entrance of Gazprom’s headquarters in Moscow. In late August six mountain climbers, including Greenpeace executive director Kumi Naidoo, climbed onto the Prirazlomnaya and managed to stay on its sheer wall for 15 hours. The activists said the rig’s workers poured cold water on them and threw metal objects at them.
That time they managed to avoid criminal prosecution.
Greenpeace activists also disrupted a football game between Swiss club Bazel and Gazprom-sponsored Schalke-04 for about five minutes by unfurling a gigantic banner saying “Gazprom. Don’t foul the Arctic”.
The Greenpeace Save the Arctic campaign was launched in June 2013. According to the the petition against offshore drilling in the has already been signed by almost four million people.
Has “Arctic Sunrise” crew manage to bring more world’s attention to the issue?
It seems Vladimir Putin and his team – intentionally or not – managed to change the subject from the threatened Arctic ecology to Russia’s repressive attitude towards any kinds of civil activism. The paradox is that Greenpeace has became a part of this focus shifting, now having to raise the alarm more as human rights advocates than ecologists.
However, the important question is whether such focus shifting is accidental.
Vladimir Putin is used to his reputation as someone who doesn’t exactly stick to the letter of the European Convention on Human Rights. But never has he shown the signs of being ready to give up any of his and his fellow oligarchs’ commercial interests. The Arctic Sunrise case is another example.
This article was originally published on 9 Oct 2013 at indexoncensorship.org
21 Aug 2013 | Digital Freedom, News and features, Vietnam
(Photo: Shutterstock)
It has been around a year since Vietnam did something to maintain the title – Enemy of the Internet – that it shares with eight others that include Uzbekistan, Iran and China. Whilst the communist nation has locked up more bloggers so far this year than throughout all of 2012 it is now revisiting last year’s widely derided, and unrealistic, internet draft decree.
The reworked Decree 72, due to come into force September 1, has caused friction as it essentially prohibits people from posting links to news stories, or sections of news articles, on social media sites such as Facebook or the equally popular, locally produced Zing Me.
Pro-democracy websites or those covering religion, politics or human rights have long been blocked. In 2010, Facebook was blocked. A leaked draft regulation requiring ISPs to block the social networking site circulated at the time. The draft was purported to have come from the government, but its veracity was not confirmed. However, access to Facebook quickly became difficult.
A lack of clear mandate from the government and a low-level block meant that people simply fiddled with the DNS settings and claimed the block was down to technical error, not political will. No one took it seriously and the social media site advertised for local staff even when the block was fully in place.
Professor Carl Thayer at the Australian Defence Force Academy in Canberra says that 2009 saw organisation of disparate groups – Catholics, anti-China factions, environmentalists and democracy activists – using Facebook as a rallying area for their shared opposition to Chinese-run bauxite mines in the Central Highlands, an ecologically and politically sensitive area.
However 72 also has something in common with an earlier blog regulation requiring citizens to stick to the personal, and not political themes. As the internet took off in the early- and mid-2000s Yahoo! chat and its blog platform Yahoo! 360 became hugely popular. By 2008 bloggers numbered in the millions. Most writers followed the government’s instructions, though there were scandals that invloved sex bloggers. The Yahoo! blogs also became useful as an alternate news and information source given the state control of media and blocks on sites related to politics, human rights or religion.
At the end of 2008 new blogging regulations limited writings to personal topics. As with Decree 72 posting links to aleady-banned sites was prohibited. The regulation was aimed only at blogs hosted within Vietnam.
“We have issued the circular aiming to create a legal framework to guide bloggers on what can they do and what they can’t do,” said Do Quy Doan, Deputy Minister of Information and Communication, told dpa at the time. The government in fact approached Yahoo! and Google for assistance.
Despite the furore at the time, not much ever came of the regulation, especially since it was designed more as a “guiding document” according to Doan and thus had limited legal use.
In 2010 part of another regulation was aimed at internet service providers and internet cafes. One point required all public computers — those in net cafes popular with teen gamers or hotel foyers — to install Green Dam, a software programme that monitors internet usage.
Unfriendly though it might have been to the idea of internet freedom, it was an ineffective piecemeal approach that quickly fell by the wayside. Those who own internet cafes, which can be found even in one horse towns and are used mostly by boy gamers, have long required background and family checks in order to open.
However Decree 72 goes further, requiring social media users to abstain from posting any news links, even to articles published by state media.
The government has made the point that this new decree is not about restricting freedom of speech but rather aimed at protecting intellectual property. Whilst news sites and blogs repost many news articles without attribution and plagiarism can be a problem in Vietnam it is not Facebook users who are the prime suspects or problem. Website Bao Moi is one of the big aggregators of news in Vietnam and it is not a social media platform.
Those flouting the new law could be more liable for fines than criminal prosecution. Bloggers are more often charged under Article 88 of the penal code, which relates to “conducting propaganda against the state” and can carry a three to 12 year sentence. Prosecuting those who share links or repost from news sites would strain the court and prison systems and fines are easier to issue, argue some.
Vietnam, which often seems to follow China’s security policy, is second only to the nation in the number of dissidents it has detained — 40 in 2013 to date, according to Human Rights Watch.
Vietnam’s government may be an Reporters Without Borders ‘Enemy of the Internet’ but the populace has embraced it, with over a third of the 90-plus million population online. Without government supporting the infrastructure for such growth it could never have happened. Engagement in the ‘knowledge era’ has always been seen as key and broadband was installed up and down the narrow country years ago.
With greater engagement in the world have come issues the government hasn’t been fully equipped to deal with and the internet is the now the main forum for criticism. Whilst the number of genuinely committed political bloggers may be small, the potential not just for critics to organise online but for citizens to share politically compromising material — such as footage of 3000 security police beating and trying to evict farmers from their village to make way for a multi-million dollar development — is huge.
Decree 72 will be largely unenforceable, outside of making the odd example, but it is more realistic than a draft decree on the internet tabled last year that would have required large companies like Google, Yahoo and Facebook to actually host servers within the country and possibly hand user information over to authorities, if asked. ISPs also would have been responsible for content posted on their sites and users would have been required to sign up for accounts with their real names.
The tabled regulation was seen by the foreign business community as a block to further economic growth and global integration. Even decree 72, which is a watered down iteration is expected to “stifle innovation”, according to the Asia Internet Coalition. What may stifle innovation more however is a full and official block of Google and Facebook. According to persistent rumours this will pave the way for local sites or the Russian-owned Coc Coc, which have servers within Vietnam and are more likely to be amenable to government strictures.
As David Brown, who writes regularly on Vietnam’s affairs, pointed out recently in the Asian Sentinel, Vietnam has plenty of ways to deter or stop the more determined political bloggers, such as imprisoning them for tax evasion as in the case of Dieu Cay. However there is the possibility that this may curtail the spread of information by ordinary citizen bloggers with no strong political commitment.
Professor Carl Thayer at the Australian Defense Force Academy in Canberra has said,
“The Decree will have a chilling effect on ordinary bloggers. It is unlikely to prevent more determined internet activists from continuing to post blogs.”
Most recently the government has been discussing policy regarding free chat apps like Viber or Whatsapp. Cell phones have long had huge market penetration and smart phones have been hugely popular in recent years also. Though the word ‘ban’ has been used in state media reports it is apparently linked to revenue losses for local teclos. There is little further information though how, why and when have not been made clear.
This article was originally published on 21 Aug 2013 at indexoncensorship.org.
5 Aug 2013 | In the News
#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)
CHILE
Chilean Director Patricio Guzmán Slams TVN Censorship
Chilean television station TVN recently broadcast the Patricio Guzmán documentary “Nostalgia de la Luz”, which takes as main scenery the Atacama desert, shows the testimony of the relatives of some victims of the Pinochet regime and their quest for finding the missing corpses of those victims.
(I Love Chile)
CHINA
Wall Street Journal Hits the Great Chinese Firewall
Another major international website has hit the Great Chinese Firewall—this time it’s the Wall Street Journal’s Chinese language edition, and it’s a mystery as to why the site has been blocked.
(Epoch Times)
Wiki reboot: Chinese Wikipedia makes comeback after early censorship
A censorship blackout lost Chinese Wikipedia many of its users. Now a new generation of mainland volunteers is resuscitating the site
(South China Morning Post)
EUROPEAN UNION
The Last of Us European censorship confirmed
Naughty Dog has confirmed that the PAL territory version of The Last of Us is missing some elements found in the American release.
(VG 24/7)
PAKISTAN
Internet censorship in Pakistan
He is a devout Muslim. He prays five times a day. He observes fasting during the holy month of Ramazan. He recites the Holy Quran in the morning and evening. His very name is Mohammad Islam.
(The Nation)
RUSSIA
6 Human Rights Violations in Russia Where Snowden Has Asylum
To the chagrin, and the anger, of the U.S., Russia — quite likely with the direct approval of President Vladimir Putin — has granted temporary asylum to Edward Snowden. The former NSA contractor who exposed extraordinary government surveillance of metadata for cell phone calls and online communication has spent over a month in the transit area of Moscow’s Sheremetyevo Airport after leaving Hong Kong, where he had first gone public about the leaked files back in June.
(Care 2)
SINGAPORE
Singapore Media and Censorship
After working for three years as sub-editor in a leading Singapore newspaper, Mark Fenn explains how censorship is enforced in the country
(Global Voices)
SOUTH AFRICA
Net censorship won’t stop child porn
Local legislators should not follow the UK prime minister’s ill-advised plan, says Andrew Verrijdt.
(Mail & Guardian)
SRI LANKA
Freedom of Expression
A number of fallacies are common in the blogosphere. A lot of people cannot cope with, or even understand, disagreement. Americans bloggers are fond of citing the First Amendment to the US Constitution. If someone disagrees with them, they complain that they are being silenced. Genuine disagreement is often described as “whining”.
(The Nation)
TURKEY
Facebook facing accusations of censoring citizen journalism
With its mysterious management team for countries, Facebook continues to be a difficult place for people to engage in citizen journalism. The latest case is Ötekilerin Postası (The Others’ Post), whose site has been closed twice in the last month for no clear reason by Facebook management
(Hurriyet Daily News)
UNITED KINGDOM
Christian rights group wants Scotland Yard to protect street preachers
A Christian legal rights group has asked Scotland Yard to inform its police officers that street preachers have free speech rights.
(Deseret News)
Why banning online porn is not the solution to society’s problem
I find it difficult not to be disturbed by the normalisation of pornography. I talk to a group of 14-year-olds and they openly boast about ‘their porn’. When I raise concerns about the pornification of life with a couple of colleagues they look at me as if to say ‘get real and just enjoy it’.
(YourCanterbury)
Twitter UK Chief Apologizes to Female Victims of Online Abuse
The general manager of Twitter UK, Tony Wang, sent a series of tweets Saturday, apologizing to women who have experienced abuse on its site.
(Legal Insurrection)
UNITED STATES
Obama’s Downward Spiral
Four freedoms have always formed the bedrock of American liberty. The freedom of speech, the freedom of assembly, the rights to privacy and to a fair trial, largely covered in the first, fourth, and sixth Amendments. It is astonishing that a single president has so thoroughly undermined all four.
(Dissident Voice)
How We Can Balance Freedom Of Speech And The Rights Of College Athletes
The Ninth Circuit Court of Appeals ruled yesterday that video game manufacturer EA Sports could not use the First Amendment to toss out a lawsuit against its use of the names, images, and likenesses of college athletes without compensation when it produced its line of NCAA football video games.
(Think Progress)
ACLU Accuses Union of “Extortion” for Using its Free Speech to Criticize It
Everyone supports free speech, until it’s free speech aimed at them. And suddenly the ACLU, an organization that is perfectly okay with turning over classified information to terrorists that can get Americans killed, draws the line at… being embarrassed in the press.
(Frontpage Mag)
For Twitter, Free Speech Is a High-Wire Act
Twitter likes to carry a free-speech banner, but as the micro-blogging site expands globally, freewheeling tweets are clashing with divergent laws and standards in markets.
(Wall Street Journal)
New mural painted at site of art, free speech debate
Original piece at art store was peeling, so owners had artists put up a new one
(San Luis Obispo Tribune)
Free speech doesn’t exist everywhere
Americans excel at one thing for sure: speaking their minds. Everyone has an opinion, and most are eager to share them. We live in a country where it’s not uncommon to hear criticisms of any elected official, from President Obama right on down the line.
(Yuma Sun)
Previous Free Expression in the News posts
Aug 2 | Aug 1 | July 31 | July 30 | July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19 | July 18 | July 17 | July 16
2 Aug 2013 | Digital Freedom, News and features, Politics and Society, Religion and Culture
Writer Caitlin Moran (Image Demotix/Ken Jack)
Times columnist Caitlin Moran’s blog post on Twitter, threats and free speech this morning has gone viral. As I type, the page has crashed due to traffic overload, and apparently taken the entire Random House website with it.
The past week, online at least, has been dominated by discussions of misogynist abuse and threats on Twitter. I’m fighting a losing battle here in trying not to refer to this behaviour as “trolling”, but I think it’s still important to call abuse and threats what they are, rather than giving them a whole new category because they occur online. Calling it “trolling” undermines both trolling itself, in some ways a noble tradition, and what’s actually happening, which is women being threatened with rape by strangers.
Moran explains the exhausting and scary feeling of being attacked on Twitter, and the despair of being told that nothing can be done about it.
She goes on to quote Telegraph tech blogger Mic Wright, who earlier this week suggested that “This isn’t a technology issue – this is a societal issue”, suggesting he was simply dismissive of the idea that something should be done about misogyny online. Mic’s a friend, and a thoughtful writer. I don’t think he’s nearly as off-hand as Moran suggests, but I’ll leave it to you to read what he actually wrote. (While you’re at the Telegraph site, read Marta Cooper’s excellent piece as well)
Moran suggests “a fairly infallible rule: that anyone who says ‘Hey, guys – what about freedom of speech!’ hasn’t the faintest idea what ‘freedom of speech’ actually means.”
This, I’m afraid, is where it gets personal. As someone who may as well change his name by deed poll to “Hey, guys – what about freedom of speech!”, I can’t help feel Moran’s talking about me. And I think I’ve been a bit more considered, even while shouting about free speech.
Moran says:
“There is no such thing as ‘freedom of speech’ in this country. Since 1998, we’ve had Article 10 of the European Convention on “freedom of expression”, but that still outlaws – amongst many things – obscenity, sedition, glorifying terrorism, incitement of racial hatred, sending articles which are indecent or grossly offensive with an intent to cause anxiety or distress, and threatening, abusive or insulting words like to cause harassment, alarm or distress.”
Well, kind of. Article 10 of the European Convention on Human Rights says this:
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
(Part 2 is kind of depressing, isn’t it?)
What Moran categorises as being outlawed by Article 10 are in fact various other laws, most of which have been around in some form or other long before the 1998 Human Rights Act which established the ECHR in UK law. Laws such as the Communications Act and the Public Order Act which, Lord knows, have their problems, not least for social media users. Ask Paul Chambers.
Moran then says:
“As you can see, if you are suggesting that you are allowed to threaten someone on Twitter with rape or death under “freedom of speech”, then you do not – as predicted – have any idea what “freedom of speech” means. Because it’s prosecutable.”
Two things: One, I’m not sure anyone really has been shouting “free speech for rape threats”. Two, it is possible to shout “freedom of speech” even when things are prosecutable. In fact, it’s what free speech campaigners such as Index, English PEN and Article 19 spend most of our time doing. All governments protect free speech “within the law”. Usually, the law is the problem, as we’ve seen with issues from England’s libel laws right up to Russia’s brand new anti “gay propaganda” law.
Moran identifies a certain cynicism in people who say abuse and threats are simply part and parcel of the web (“NOTHING CAN CHANGE. THE INTERNET JUST IS WHAT IT IS!”) saying what they really mean is that they don’t want things to change.
This strand certainly exists. The old-style keyboard warrior who thinks the web is strictly for arguing and not cat videos and getting strangers to help you with the crossword, or generally doing nice things and learning more about other people and places. The internet, for them is SERIOUS BUSINESS, and girls and pansies who can’t take the heat should get out of the kitchen. Or go back to the kitchen. Definitely something about kitchens.
But there is also a good reason to be wary, or at least hesitant, about calls for changing the web. A lot of time spent defending free speech is not actually about defending what people say, but defending the space in which they can say it (I’ll refrain from misquoting Voltaire here). It may be idealistic, but we genuinely believe that given the space and the opportunity to discuss ideas openly, without fear of retribution, we’ll figure out how to do things better. Censorship holds society back. In fact, it’s the litmus test of a society being held back.
When the cry goes up that “something must be done”, it’s normally exactly the right time to put the brakes on and think very hard about what we actually want to happen. The web is wonderful, and possibly the greatest manifestation of the free speech space we’ve ever had, but it’s also susceptible to control. Governments such as those in China and Iran spend massive resources on controlling the web, and do quite a good job of it. Other states simply slow the connection, making the web a frustrating rather than liberating experience. Some governments simply pull the plug. The whole of YouTube has been blocked in Pakistan for almost a year now, because something had to be done about blasphemous videos. Last month David Cameron announced his plans to take all the bad things away, after the Daily Mail ran a classic something-must-be-done campaign against online porn.
There are, as Moran rightly points out, laws against threatening people with rape. Perhaps the police and the CPS should take these threats more seriously (I only say “perhaps” because I don’t know exactly what the various police forces have been doing about the various threats in the past week, not because I think it’s arguable that the police and CPS should take rape threats less seriously), but I’m wary of demanding more action on things that are already illegal. Some of the proposed Twitter fixes are interesting, but their implications need to be thought through, particularly how they could be used against people we like as well as people we don’t like.
After outlining her support for a boycott of Twitter on Sunday 4 August, Moran concludes:
“The main compass to steer by, as this whole thing rages on, doubtless for some months to come, is this: to maintain the spirit that the internet was conceived and born in – one of absolute optimism that the future will be better than the past. And that the future will be better than the past because internet is the best shot we’ve had yet for billions of people to communicate equally, and peacefully, and with the additional ability to post pictures of thatched houses that look ‘surprised.’”
On this, I agree absolutely. In fact, I pretty much wrote the same thing last week:
The current debate in the UK portrays the web overwhelmingly as the habitat of trolls, predators, bullies and pornmongers. And that, plus the police are watching too, ready to arrest you for saying the wrong thing.
I can’t help feeling that all this doom-mongering could be self fulfilling. If we keep thinking of the web as the badlands, that’s how it will be, like a child beset by endless criticism and low expectations. We need to talk more about the positive side of life online – the conversations, the friendships, the opportunities – if we’re going to get the most out of it.
We do need to protect and promote the good parts of life online. But we should be very careful of the idea that we can simply block out the negative aspects without having a knock-on effect. We’re in uncharted territory. The wrong turn could be very, very costly.
