Free expression 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)

CENSORED
David Cameron: Stop Sleepwalking into Censorship
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.
(Open Rights Group)

BAHRAIN
Bahrain: The Arab Spring Protests You Don’t Know About
I am astonished by how little the media has covered the ongoing protests in Bahrain, Kuwait, and eastern Saudi Arabia. You would think that the oil-rich Gulf Cooperation Council states would be under a microscope, because what happens there immediately affects oil prices. But large media corporations have opted not to cover events in these countries, so as not to cause market panic. And there is a lot to panic about.
(Strat Risks)

CAMBODIA
Freedom of speech in Cambodia, but only in English
He’s back. After four years in self-imposed exile, Cambodian opposition leader Sam Rainsy landed in Phnom Penh last Friday to throngs of flag-waving fans wearing white caps branded with a rising sun—the Cambodia National Rescue Party’s telltale logo. Rainsy came for the showdown: this Sunday, the CNRP will face ruling Prime Minister Hun Sen’s Cambodian People’s Party in parliamentary elections.
(Media Politics in Perspective)

GAZA
Hamas shut down media bureaus over Egypt coverage
Gaza’s de-facto Hamas government closed the office of Al Arabiya, Palestinian network Ma’an news and the local production company Lens on Thursday.
(Index on Censorship)

GLOBAL
Microsoft Wants Google to Censor…. Microsoft.com
In an attempt to make pirated content harder to find copyright holders ask Google to remove millions of search results every week. While these automated requests are usually legitimate, mistakes happen more often than one might expect. For example, in an embarrassing act of self-censorship Microsoft recently asked Google to censor links to its very own Microsoft.com.
(Torrent Freak)

INDIA
There’s a natural censorship inside my system: Shah Rukh Khan
A ‘self aware’ actor will never do a film that is not an extension of his personality, believes superstar Shah Rukh Khan, who refrains from saying or doing certain things.
(Firstpost)

RUSSIA
RUSSIAN LGBT ACTIVISTS: BOYCOTT OF ALL THINGS RUSSIAN, OLYMPICS
Queer Nation today issued a press release which claims gay and lesbian activists in Russia support the recent dumping of Russian vodka. According to a statement included in the group’s release, those activists also support taking things a step further: boycott all Russian products – including the upcoming Winter Olympic Games in Sochi.
(Towleroad)

Russian Pirate Party threatens copyright owners with ‘Black August’
Chairman of the unregistered Pirates’ Party of Russia has called upon the public to completely boycott all copyrighted content in August this year in protest against the recently introduced anti-piracy law.
(RT)

SOUTH AFRICA
Archbishop Tutu: South Africa must reject homophobic discrimination
Archbishop Desmond Tutu, famous for his role in ending apartheid, has called on South Africa to reject homophobic discrimination as part of a new LGBT global public education campaign by the United Nations Human Rights Office.
(Pink News)

TUNISIA
Tunisia Femen activist ‘cleared of defamation’
A court on Monday dismissed one case against Tunisian Femen activist Amina Sboui in which she was tried for contempt and defamation, her lawyer said, calling the verdict “a victory”.
(AFP)

UNITED KINGDOM
Mass surveillance or just Big Data?
States, and companies, collecting huge amounts of data on people and populations around the world. Is this a mass surveillance nightmare – the digital Stasi roaming free – or just big data and we should get over it?
(Index on Censorship)

Will women benefit from fewer lads mags?
The Co-operative chain has told magazines such as Nuts and Zoo to clean up their act. Will women really benefit?
(Index on Censorship)

Labour MP Stella Creasy receives Twitter rape threats
States, and companies, collecting huge amounts of data on people and populations around the world. Is this a
mass surveillance nightmare – the digital Stasi roaming free – or just big data and we should get over it?
(Index on Censorship)

UK Porn Filter Will Censor Other Content Too, ISPs Reveal
Walthamstow MP uses Twitter to inform police of abuse in wake of arrest of man for threats made to banknote campaigner
(The Guardian)

Letter to my MP about web censorship
This morning I wrote to my MP, John Hemming, via writetothem.com to express my concern about web censorship
(Bruce Lawson)

Censorship or safety?
In essence, Cameron’s plan is to block pornography from every home in the UK unless the individual householder deliberately chooses to receive it. We are left to question whether this represents charitable, moral action on the part of our Prime Minister or the early stages of internet censorship
(Nouse)

Cyber Censorship: Freedom is the best filter
The definitive lesson we have learned from the digital age is that the internet is the most dynamic and adaptable tool for individual freedom that we have known in generations. Yet, the old adages still ring truer than ever: there is nothing more cumbersome and static than government regulation. That is why David Cameron’s attempts at censorship are doomed to fail; he needs freedom to decontaminate the internet for him.
(The Freedom Association)

UK Sleepwalking Into Censorship? More Like Running Into It At Full Pelt
We do not live in a free country. We all know that. Our libel laws are ridiculous. Our freedom of speech is curtailed should we be “offensive”. We live under the gaze of corporate and Government officials. Even some websites are blocked. But we can at least try to hold on to some of the freedom we do have; we aren’t Saudi Arabia or China after all.
(Freedom Is Not The Problem)

Sleepwalking into censorship
After brief conversations with some of the Internet Service Providers that will be implementing the UK’s “pornwall” we’ve established a little bit about what it will be doing.
(Open Rights Group)

Libel, Damages and the “Remedial Gap”: a declaration of falsity?
A number of lbel cases involve substantial awards of damages against defendants who are never going to pay. Sometimes the defendant is in a jurisdiction where a damages award cannot be enforced, sometimes the defendant has no money.
(The International Forum for Responsible Media Blog)

UNITED STATES
Momentum Builds Against N.S.A. Surveillance
The movement to crack down on government surveillance started with an odd couple from Michigan, Representatives Justin Amash, a young libertarian Republican known even to his friends as “chief wing nut,” and John Conyers Jr., an elder of the liberal left in his 25th House term.
(The New Work Times)

Jenny McCarthy, Censorship and Free Speech
Most of you have probably heard by now that anti-vaccine activist Jenny McCarthy has been picked to be a host on ABC’s The View. Following the announcement, there was a media uproar lambasting the decision. Newspapers, magazines and blogs erupted with posts questioning the wisdom of giving her a platform with millions of viewers from which she could spew her vaccine-related misinformation and fear-mongering.
(Harpocrates Speaks)


Previous Free Expression in the News posts
July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19 | July 18 | July 17 | July 16 | July 15 | July 12 | July 11 | July 10


Turkey’s media: A polluted landscape

Journalist Yavuz Baydar has been fired by Turkish daily newspaper Sabah, after articles he wrote criticising the government were censored

Journalist Yavuz Baydar has been fired by Turkish daily newspaper Sabah, after articles he wrote criticising the government were censored

In the latest report, Freedom in the World 2013, Freedom House defines Turkey as ‘partly free’.

Authorities in Ankara – both the government and bureaucrats – refute these claims, although the Ministry of Justice openly admits that there are serious shortcomings when it comes to providing for freedom of expression, both in law and implementation.

Some international organisations, such as the Organization for Security and Co-operation in Europe (OSCE) and the European Federation of Journalists (EFJ), meanwhile, help build the myth that Turkey tops the world rankings for one of the worst ‘oppressive’ states because of the number of jailed journalists there. The Committee to Protect Journalists reports that there are 49 journalists in prison, while Reporters Sans Frontières put the number at 72, if the number of people includes all jailed media professionals. But claims that the country is entirely free or grossly oppressive are both wrong. These extreme views must be taken with a pinch of salt; the truth is somewhere in between.

The complexities of Turkey today make it a unique case, demanding careful examination so that clichés can be dispersed, particularly those deriving from the perception that the country remains a police state, as it was prior to the late 1990s.

Turkey today is exactly as Freedom House says it is: not ‘free’, nor ‘not free’, but ‘partly free’.

In this context, Turkey’s problems are already out in the open.

Thousands of Kurdish activists connected to the Koma Civakên Kurdistan network – affiliated with the Kurdistan Workers’ Party (PKK) – as well as around 200 students and 72 other journalists and activists (mainly Kurdish) are in detention.

According to the monitoring site engelliweb.com, internet access is blocked to approximately 9000 websites, mostly on an arbitrary, non-transparent basis.

Prime Minister Recep Tayyip Erdog˘an regularly files libel charges against journalists and cartoonists, a move that singles him out because other powerful figures do not engage in similar practices. He has developed a habit of lashing out at the media in public, which has had dire consequences.

The so-called ‘mainstream media’, in other words, the 85 per cent of it controlled by proprietors who are for the most part engaged in vast business activities other than media (and therefore dependent on the government for economic interests), is suffocated and distinctly lacking in freedom and editorial independence.

In big media outlets, fierce censorship and self-censorship are practised on a daily basis.

They are severely crippled in their pursuit of journalism, unable or unwilling to cover corruption and abuse of power or to allow critical voices and dissent to be heard. When it comes to particular topics, such as criticism of the government, corruption or abuse of power, news stories are either filtered or unpublished; direct censorship – the actual blacking out of text – is exercised when material is found to be ‘too sensitive’ for the government’s or newspaper owners’ interests. But at the same time, there is little problem with pluralism and diversity, as opposed to countries like Iran, China, Azerbaijan or Belarus. With more than 40 national dailies (including a few independent newspapers and a vital partisan, antigovernment press), 2500 local papers, 250 private TV channels (of which 18 broadcast news seven days a week, 24 hours a day), 1300 radio stations and more than 150 news websites and online portals, Turkey has a big, competitive sector. Internet access is increasing at a huge rate, with access passing the 50 per cent mark recently. Because of the internet, despite attempts to command control, this is a milieu in which no story or comment is missed.

Anti-terror law and Ergenekon

The state of Turkey’s media freedom has been oversimplified, looking only at the number of journalists incarcerated without distinction, without looking closely at the specifics for those detentions. It’s a remnant of Cold War mentality. ‘Turkey is an undemocratic country’ has become almost like a slogan, concealing far deeper problems that extend throughout many sectors and structures within Turkish society.


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It is true that people are in jail for voicing dissent, among them journalists. Almost all of them are Kurds who, because of the very nature of the Kurdish cause they pursue, combine publishing and self-expression with activism. This means their activity falls inside the boundaries of the utterly problematic Anti-Terror Law, which makes it extremely difficult to distinguish between those who
are members of terrorist groups that commit acts of violence or praise acts of terrorism and those who are simply exercising their right to express opinion. Dissidents, including journalists, have faced detention and prosecution because the law makes it practically impossible to make these important distinctions. The Anti-Terror Law must, at the very least, be revised so that it conforms to the European Convention on Human Rights (ECHR) or, better still, abolished altogether.

Around 10 per cent or so of those jailed are Turkish journalists whose imprisonment relates to the Ergenekon case – a clandestine, undemocratic, politically motivated mafiastyle network that, among other acts over a number of years, plotted a series of coups to oust the government and parliament. Since 2008, dozens of journalists have been arrested in connection with Ergenekon plots, together with hundreds of military officers.

Yet, in these cases, the most obvious clash with ECHR directives has to do with the extremely lengthy detention periods and trial procedure (take, for example, the case of Özkan vs Turkey). Needless to say, Turkey should have determined these periods of incarceration in line with international standards, including EU human rights legislation, releasing journalists while they awaited their trials. But apart from these cases, the European Court of Human Rights has rejected many appeals lodged by the accused, undercutting the assumption held by many that journalists should enjoy immunity even when charged with serious crimes such as conspiracy.

In addition to anti-terror laws, there are dozens of articles – in the Penal Code, in Turkey’s Internet Law, the Press Law and Turkish Radio and Television Law – that restrict freedom of expression and freedom
of the press. Some are implemented on a regular basis and some remain dormant, though still on the books. These punitive measures threaten freedom in Turkey, applying not only to media but also to academia, NGOs, political parties and ordinary citizens across the country.

The rise of independent media and the threat to public interest

Paradoxically, Turkish ‘glasnost’ under the ruling Justice and Development Party (AKP) over the past decade, with the immense help of the EU accession process, has meant, for the most part, that there are no longer many taboo subjects. National mass hypnosis is over. Tiny but independent news outlets – like the dailies Taraf and Zaman or the weekly Nokta – have helped broaden debate about the country’s murky past, untangle myths about the army being the guardian of the system and expose crimes against humanity.

In a pluralist and hugely diverse environment such as Turkey’s, it would be a lie to claim that news dissemination has been fully blocked. Take the case of the Uludere bombing in 2011, when a group of Kurdish villagers were attacked by Turkish fighter jets as they travelled from Iraq along a well-known smugglers’ route, resulting in 34 deaths. Main media group outlets failed to report on the killings for almost a day, but minor papers and those using social media began reporting on the incident
within minutes of it happening.

It could be argued that Turkey has one of the most independent medias in the world – it is truly a phenomenon.

Many countries in democratic transition after the end of the Cold War have had complex changes in their media environment, particularly in southeastern Europe, the Black Sea region and the North Caucasus. From the late 1980s on, this environment has been marked by the emergence of a new type of media proprietor who often – as in some Balkan countries as well as in Russia – entered the media sector with other businesses in tow, with mafia-like habits and connections, with the aim of money laundering, or with enormous greed. For the most part, these players aimed to use media outlets as a tool for keeping government and bureaucracy in check because they became fearful of what might be reported in this new, thriving media landscape, but these people and companies only had personal business gains in mind. Turkey has been part of this reality, and those coming to it from wellestablished, high-standard media environments in the West either do not understand or do not consider the considerable threats to media freedom to be important.

In some countries, for example, Albania, Serbia and Ukraine, media conglomerate proprietors operate in alliance with the ruling powers, establishing politics-media cooperation in the service of their mutual interests, rather than allowing media to serve the public interests.

This addictive system is the primary source of censorship and self-censorship in the wider region, and the blame for destroying the prospects of good journalism must be shared equally between politicians and media owners. In Turkey, in most cases, proper coverage of corruption and any investigative journalism are completely dead. Because this proprietor prototype is in essence non-transparent, Turkey’s media has never bothered to or been in a position to demand transparency or accountability from those in control of the news. In this context, nowhere in the world is the self-destructive role of media proprietors more visible, more irrational or more aggressive than in Turkey

On 19 October 2011, Prime Minister Erdog˘an assembled media proprietors in Ankara to ask for ‘help’ regarding ‘terror coverage’. It’s a call the media should have rejected, but instead they went beyond even what the prime minister had desired: they openly begged him to tell them exactly how long he thought TV dispatches on funerals connected with terrorism should be and shamelessly offered to set up a ‘censorship committee’ by themselves! If created, it would be tasked with ‘filtering’ news prior to publication, particularly when it pertained to clashes between the military and the PKK and political statements issued by them and other Kurdish activists.

In a more recent case, on 18 March 2013, there were reports that the proprietor of the daily newspaper Milliyet, Erdog˘an Demirören, forced veteran pundit Hasan Cemal to resign after he wrote a column defending the right to publish accurate stories, no matter how ‘disturbing’ they would be for the government or media owners. The article was never published, a breach of the journalist’s contract with his employer. Accused of causing the departure of Cemal, Prime Minister Erdog˘an, in his blunt manner some days later, explained that the very same proprietor had visited him to ask whom he should appoint as editor-in-chief for the newspaper.

The uphill struggle: how to solve Turkey’s media dilemmas?

These episodes speak volumes about how polluted Turkey’s media corporate culture is today. Media professionals – by which I mean real, decent journalists, and not those who either defend the government no matter what, or those who condemn it outright under the false belief that all journalism must be oppositional and not critical – face two rather hopeless challenges.

The first frontline for journalists is the political executive and the legislature. Unless the current government amends all laws in favour of freedom of expression and the press, these problems will keep reappearing. In general, the current parliament is a forum of intolerance for freedom of the press, opinion and dissent. In the mindset of the current parliament, the ‘old Turkey’ still rules.

Secondly, media proprietors represent a real challenge to free speech: most of them have no clue about the role and nature of good journalism.

I have long argued that unless these media owners are challenged, one cannot simply go on blaming everything on the political powers. But how do we challenge media owners? Because this is the key to enhancing freedom and independence in Turkey.

It is an uphill struggle. Journalists in Turkey have been forced to live under the ‘unholy alliance’ between governments and big media owners. It is a vicious cycle and very tough to break. We must persuade owners not to interfere in editorial decisions and let us be; we must encourage them to ct transparently in their businesses. Currently, none of them has the civil courage or the wisdom to be on the side of journalists’ fight for freedom.

We could try to persuade the government to ban media owners from entering public tenders, restrict cross-ownership, support local media and allow high share investments for foreign capital owners, with the aim of giving much more autonomy to the national broadcaster, Turkish Radio and Television.

And, of course, we can pressure the government to ensure union activities and memberships in all media outlets are protected by law.

Although their cases are of course the most urgent, problems regarding media freedom in Turkey will not cease to exist when all the journalists in jail – detained or sentenced – are released and pardoned. Turkey can never be part of the democratic league as long as it insists on suppressing and punishing dissent and free speech. But if we limit our professional struggle to these cases only, and introduce minimal amendments to some of the worst laws, we will continue to affect only the tip of the iceberg. If we do only this, held back by a sector that is bleeding spiritually, ruled by owners who are insensitive to the profession, operating without independence, we will continue to operate in appalling conditions, where newsrooms resemble open air prisons.

Freedom must be coupled with true professional independence.

©Yavuz Baydar

Yavuz Baydar is a columnist for Today’s Zaman and was, until he published a piece criticising media ownership in The New York Times, the news ombudsman for the daily newspaper SABAH


This article is from the current edition of Index on Censorship Magazine. | Subscribe



Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.

How did Chinese web users react to Edward Snowden scandal?

While the official Chinese reaction to Edward Snowden’s Prism leaks has been muted, ordinary Chinese have been quick to point out the US’ double standard on espionage, Alice Xin Liu writes

Snapshot of Boundless Information global heat map of data collection. The color scheme ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance). (NSA)

Snapshot of Boundless Information global heat map of data collection. The color scheme ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance). (NSA)

(more…)

State surveillance ‘like pointing at a pixel with a hotdog’

(Photo: Andrei Aliaksandru/Index on Censorship)

(Photo: Andrei Aliaksandru/Index on Censorship)

Against a backdrop of ongoing revelations around the US Prism programme, mass surveillance dominated the discussion at the Index on Censorship event Caught in the web: How free are we online? Brian Pellot reports

Index on Censorship brought together a panel of experts at King’s Place in London last night. Investigative journalist Heather Brooke, author and digital rights activist Cory Doctorow, media lawyer Paul Tweed, Index CEO Kirsty Hughes and chair David Aaronovitch discussed the threats to freedom of expression online.

Brooke, warned that as we increase our online expression, we “create a handy one-stop shop for snooping officials”. She also cautioned that concentrated power in secretive states is a far greater danger to humanity than unbridled free speech.

(Brooke, author of The Revolution will be Digitised, kindly joined the panel at the last minute, replacing Guardian data editor James Ball, who is currently in the US covering the developing Prism scandal)

Doctorow, co-founder of the hugely influential Boing Boing blog, said while he was pessimistic about the “Orwellian control” that digital technologies provide governments, he remains optimistic that such technologies can enable us to cooperate, coordinate and collaborate in unprecedented ways to seek positive social change.

Doctorow questioned the efficacy of overcollection of data, characterised by PRISM, saying that as an intelligence technique is “like pointing at a pixel with a hotdog”.

Belfast-based libel lawyer Tweed said that anonymity online enables speech that constitutes dangerous harassment. He argued that freedom of expression must be protected, but that controls are needed to prevent the undermining of reputation and privacy. He recounted examples from his practice of clients that are harassed and attacked on the web with very little recourse against “internet goliaths”.

“There has to be a button to protect the man on the street”, Tweed said.

Hughes discussed the emerging geopolitics of digital freedom, noting that while EU countries and the US are lobbying for the preservation of a multistakeholder model of internet governance, Russia, China and others are pushing for top-down government control. Some of the greatest threats to online freedom of expression she discussed are censorship in the form of firewalls and filters, laws criminalising offence, the privatisation of censorship and, of course, surveillance.

Aaronovitch fielded questions from audience members who were focused on government surveillance and censorship.

Doctorow claimed that web filters are a blunt and inefficient instrument, giving the example of  Denmark’s secret child abuse filters, which leaks showed had blocked a huge amount of material that was not related to sexual imagery of children.

“Everyone knows web filters don’t work, but once used, removing them would be political suicide,” he said.

Brooke acknowledged that current laws are not keeping pace with technology but does not think new laws are the solution. More important is that “our fundamental values be translated into the digital age”, she said.

“Nothing to hide, nothing to fear is an arrogant statement”, Brooke commented on UK foreign secretary William Hague’s response to questions on PRISM on Sunday.

Hughes elaborated on a statement she made earlier in the day essentially saying that mass surveillance is an invasion of our right to privacy and a direct chill on free speech.

Index on Censorship has released a joint statement with English PEN, Privacy International and Open Rights Group condemning the use of national security to justify mass surveillance.

Let us know your thoughts on the Prism scandal by commenting below


Related:
Pod Academy coverage of this event


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