After Charlie Hebdo: The free speech fight begins at home

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When I started working at Index on Censorship, some friends (including some journalists) asked why an organisation defending free expression was needed in the 21st century. “We’ve won the battle,” was a phrase I heard often. “We have free speech.”

There was another group who recognised that there are many places in the world where speech is curbed (North Korea was mentioned a lot), but most refused to accept that any threat existed in modern, liberal democracies.

After the killing of 12 people at the offices of French satirical magazine Charlie Hebdo, that argument died away. The threats that Index sees every day – in Bangladesh, in Iran, in Mexico, the threats to poets, playwrights, singers, journalists and artists – had come to Paris. And so, by extension, to all of us.

Those to whom I had struggled to explain the creeping forms of censorship that are increasingly restraining our freedom to express ourselves – a freedom which for me forms the bedrock of all other liberties and which is essential for a tolerant, progressive society – found their voice. Suddenly, everyone was “Charlie”, declaring their support for a value whose worth they had, in the preceding months, seemingly barely understood, and certainly saw no reason to defend.

The heartfelt response to the brutal murders at Charlie Hebdo was strong and felt like it came from a united voice. If one good thing could come out of such killings, I thought, it would be that people would start to take more seriously what it means to believe that everyone should have the right to speak freely. Perhaps more attention would fall on those whose speech is being curbed on a daily basis elsewhere in the world: the murders of atheist bloggers in Bangladesh, the detention of journalists in Azerbaijan, the crackdown on media in Turkey. Perhaps this new-found interest in free expression – and its value – would also help to reignite debate in the UK, France and other democracies about the growing curbs on free speech: the banning of speakers on university campuses, the laws being drafted that are meant to stop terrorism but which can catch anyone with whom the government disagrees, the individuals jailed for making jokes.

And, in a way, this did happen. At least, free expression was “in vogue” for much of 2015. University debating societies wanted to discuss its limits, plays were written about censorship and the arts, funds raised to keep Charlie Hebdo going in defiance against those who would use the “assassin’s veto” to stop them. It was also a tense year. Events discussing hate speech or cartooning for which six months previously we might have struggled to get an audience were now being held to full houses. But they were also marked by the presence of police, security guards and patrol cars. I attended one seminar at which a participant was accompanied at all times by two bodyguards. Newspapers and magazines across London conducted security reviews.

But after the dust settled, after the initial rush of apparent solidarity, it became clear that very few people were actually for free speech in the way we understand it at Index. The “buts” crept quickly in – no one would condone violence to deal with troublesome speech, but many were ready to defend a raft of curbs on speech deemed to be offensive, or found they could only defend certain kinds of speech. The PEN American Center, which defends the freedom to write and read, discovered this in May when it awarded Charlie Hebdo a courage award and a number of novelists withdrew from the gala ceremony. Many said they felt uncomfortable giving an award to a publication that drew crude caricatures and mocked religion.

Index's project Mapping Media Freedom recorded 745 violations against media freedom across Europe in 2015.

Index’s project Mapping Media Freedom recorded 745 violations against media freedom across Europe in 2015.

The problem with the reaction of the PEN novelists is that it sends the same message as that used by the violent fundamentalists: that only some kinds of speech are worth defending. But if free speech is to mean anything at all, then we must extend the same privileges to speech we dislike as to that of which we approve. We cannot qualify this freedom with caveats about the quality of the art, or the acceptability of the views. Because once you start down that route, all speech is fair game for censorship – including your own.

As Neil Gaiman, the writer who stepped in to host one of the tables at the ceremony after others pulled out, once said: “…if you don’t stand up for the stuff you don’t like, when they come for the stuff you do like, you’ve already lost.”

Index believes that speech and expression should be curbed only when it incites violence. Defending this position is not easy. It means you find yourself having to defend the speech rights of religious bigots, racists, misogynists and a whole panoply of people with unpalatable views. But if we don’t do that, why should the rights of those who speak out against such people be defended?

In 2016, if we are to defend free expression we need to do a few things. Firstly, we need to stop banning stuff. Sometimes when I look around at the barrage of calls for various people to be silenced (Donald Trump, Germaine Greer, Maryam Namazie) I feel like I’m in that scene from the film Lock, Stock and Two Smoking Barrels where a bunch of gangsters keep firing at each other by accident and one finally shouts: “Could everyone stop getting shot?” Instead of demanding that people be prevented from speaking on campus, debate them, argue back, expose the holes in their rhetoric and the flaws in their logic.

Secondly, we need to give people the tools for that fight. If you believe as I do that the free flow of ideas and opinions – as opposed to banning things – is ultimately what builds a more tolerant society, then everyone needs to be able to express themselves. One of the arguments used often in the wake of Charlie Hebdo to potentially excuse, or at least explain, what the gunmen did is that the Muslim community in France lacks a voice in mainstream media. Into this vacuum, poisonous and misrepresentative ideas that perpetuate stereotypes and exacerbate hatreds can flourish. The person with the microphone, the pen or the printing press has power over those without.

It is important not to dismiss these arguments but it is vital that the response is not to censor the speaker, the writer or the publisher. Ideas are not challenged by hiding them away and minds not changed by silence. Efforts that encourage diversity in media coverage, representation and decision-making are a good place to start.

Finally, as the reaction to the killings in Paris in November showed, solidarity makes a difference: we need to stand up to the bullies together. When Index called for republication of Charlie Hebdo’s cartoons shortly after the attacks, we wanted to show that publishers and free expression groups were united not by a political philosophy, but by an unwillingness to be cowed by bullies. Fear isolates the brave – and it makes the courageous targets for attack. We saw this clearly in the days after Charlie Hebdo when British newspapers and broadcasters shied away from publishing any of the cartoons featuring the Prophet Mohammed. We need to act together in speaking out against those who would use violence to silence us.

As we see this week, threats against freedom of expression in Europe come in all shapes and sizes. The Polish government’s plans to appoint the heads of public broadcasters has drawn complaints to the Council of Europe from journalism bodies, including Index, who argue that the changes would be “wholly unacceptable in a genuine democracy”.

In the UK, plans are afoot to curb speech in the name of protecting us from terror but which are likely to have far-reaching repercussions for all. Index, along with colleagues at English PEN, the National Secular Society and the Christian Institute will be working to ensure that doesn’t happen. This year, as every year, defending free speech will begin at home.

Was the #BrusselsLockdown just the latest in a series of Belgian media violations?

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Following the murderous barbarism in France last month, a state of alert was subsequently declared in Belgium amid concerns that a “Paris-style” attack was imminent in Brussels. The city went into lockdown for five days, the army was deployed on the streets, and the authorities asked the media and public not to report on what was happening.

Belgian media complied, as did Belgian Twitter users, who, under the hashtag #BrusselsLockdown, posted pictures of cats rather than comment on police raids.

The lockdown of Brussels has certainly raised some important questions. As Index on Censorship’s Mapping Media Freedom project shows, it may indicative of a wider problem of media violations within the country.

1. Prime Minister’s office threatens journalist

During the visit of Turkish President Recep Tayyip Erdoğan, Tristan Godaert, a journalist working for RTBF, the public broadcasting organisation of the French community of Belgium, was repeatedly threatened by the press secretary and the spokesperson of the Belgian Prime Minister Charles Michel while covering the visit of Turkish President Erdogan. On 6 October, during a speech by the Turkish president, Godaert shouted: “Mr. Erdoğan, why is Mohammed Rasool still in prison in Turkey?” A Turkish embassy official then a representative of the Belgian government who then informed RTBF that they were no longer allowed to film. Afterward, the Belgian Prime Minister’s communications director threatened the journalists, saying that if the footage was aired there would be “consequences”.

2. Journalists arrested and forced to delete images during protest

On 15 October, around 100 people were arrested in Brussels at a mass demonstration against TTIP (Transatlantic Trade and Investment Partnership), an impending free trade deal between the US and the EU.

During the protest, Thomas Michel, a freelance journalists working for Zin TV, and Maxime Lehoux, an Italian photojournalist, were arrested by the Belgian police and forced to delete photographs they had taken.

A press release by Zin TV following the incident said: “The images contain the humiliation of the police inflicted on protesters […] We remind that it is illegal to be seized from its sources, it is a violation of professional secrecy and the level of justification 3 of 4 on the scale of the risk of terrorism is simply bogus.”

3. Turkish reporter assaulted at polling station

R Doğan, a Cihan news agency reporter, was physically and verbally assaulted on 19 October by a polling clerk at a voting station in Turkey’s Consulate General in Brussels for the Turkish Justice and Development Party (AKP).

Doğan was insulted by the AKP clerk, who grabbed his arm and escorted him out of the building. The reporter was there to observe Turkish citizens based abroad who were voting as part of the 1 November Turkish general election.

4. Palestinian journalist assaulted during Brussels Muslim Fair

On 7 November, Palestinian journalist Salama Attaallah was assaulted while covering the annual Muslim Fair activities in Brussels for Al Ghad TV. While shooting, an individual introducing himself as a representative of Al Aqsaa demanded he stop filming women participating to the fair. Attaallah refused, explaining that he was not there to film women, but rather to report about the event in general. As a result, he was punched repeatedly in the face. The whole altercation was caught on film.

5. Médor investigative magazine censored by the judiciary

Médor a new investigative magazine in Belgium, has been censored by the Belgian judiciary at the request of a businessman representing a pharmaceutical company.

In its first issue, Médor published a story about the financial structure of the pharmaceutical company that is largely supported by regional authorities. The investigation, which lasted more than six months and compiled extensive documentation, was conducted by the award-winning David Leloup.

The Association of Professional Journalists, an EFJ-IFJ affiliate, has expressed its shock at the censorship and offered legal support to Leloup.

6. Russian NTV channel journalists assaulted and robbed

On 18 November, NTV channel reporter Konstantin Panushkin and cameraman Zakir Ansarov were beaten and robbed in northern Brussels. The Russia-based journalists were seeking to speak with relatives and friends of a jihadist-related to attacks in Paris.

Panushkin said that they were interviewing a group of 10 teenagers, when both were assaulted and robbed. The assailants took a backpack with documents, money and a laptop.

Details of attacks on the media across Europe can be found at Index on Censorship’s Mapping Media Freedom website. Reports to the map are crowdsourced and then fact-checked by the Index team.


 

Mapping Media Freedom

 


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


France’s state of emergency poses threat to press freedom

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Editorial Credit: Frederic Legrand – COMEO / Shutterstock.com

Even before the attacks on Paris on 13 November were over, French President Francois Hollande declared a nationwide state of emergency giving authorities additional powers in the name of protecting citizens and combatting terrorism. But since the attacks, concerns have been raised for press freedom prompted by the cancellation of a regular radio segment by journalist Thomas Guénolé.

A few days after the events of 13 November, Guénolé devoted his daily morning commentary piece on RMC radio to what he perceived as the failings of the French security services and police. On the same day, the Interior Ministry called Philippe Antoine, RMC managing editor, to demand the radio station air a corrective to points Guénolé discussed during his segment, which the ministry would pen. “Interestingly, the corrective was not going to appear as a corrective emanating from the Interior Ministry but as the correction of an inaccurate information emanating from RMC,” Guénolé told me.

The proposed corrections were in relation to Guénolé’s discussion of claims reported by various news outlets, including that France had known since August 2015 that IS planned to attack a rock concert in France and that Turkish authorities had warned France twice this year about Omar Ismaïl Mostefaï, one of the assailants of the Bataclan massacre.

Guénolé called for a parliamentary investigation which should, if these claims were true, prompt the resignation of the highest ranking French officials, including Bernard Cazeneuve, France’s Minister of the Interior.

Guénolé also repeated information published by La Lettre A, which claimed only three out of 50 members of the Parisian Brigade de recherche et d’intervention (an anti-gang unit, which is to intervene in hostage situations) had been on duty after 8pm on the night of the attacks. On 19 November, the special adviser to France’s interior minister, Marie-Emmanuelle Assidon, took to Twitter to say the information contained in La Lettre A was false but recognised she had not read the article. “[N]o one but Thomas Guénolé trusts your info,” she added in her tweet.

“I have repeatedly asked Place Beauvau for a denial,” Marion Deye, editor at La Lettre A, told me. “I haven’t had one.” Neither have Le Monde or the AFP, also quoted by Guénolé.

“We published a very factual piece of news on the Monday following the attacks, at a time when any type of criticism was not welcome,” Daye said. “However, what we published was not a criticism, just a report. The most absurd thing in this whole story is that no one knows what Place Beauvau denied when they spoke to RMC. I think what was really problematic for some was that Guénolé brought up the resignation of Cazeneuve.”

On Friday 20 November, Guénolé was informed that his daily column was cancelled. In an email, the RMC managing editor wrote: “The Interior Ministry and all the police services invited on air have refused to appear on RMC because of inaccuracies in your column. Most sources of our police specialists have gone silent since Tuesday, putting in jeopardy the work that our editorial team does to find and verify information.”

Guénolé described the actions against him as both a “boycott” and an “embargo”.

“One would expect a media outlet to back up its journalist and not to have too strong a dependency vis-à-vis institutions,” he said. “My particular case doesn’t matter so much. What is unacceptable is that the Interior Ministry seems to have pressured RMC because they were displeased with what a journalist said on air in the context of the state of emergency.”

The firing of Guénolé happened on the on the same day the Assemblée Nationale voted to extend the state of emergency from 12 days to three months. Measures to control the press were initially proposed by 20 socialist MPs led by Sandrine Mazetier on the basis that the coverage of the January 2015 attacks in Paris – especially by news channel BFM-TV – had endangered the life of hostages who were hiding in a Hyper Casher supermarket. Such a measure would be highly problematic. As Mathieu Magnaudeix, a journalist with the investigative website Mediapart, put it to me: “If we were to end up with an authoritarian power, which by now doesn’t seem to be out of the question, what could they do with a law that allows the control of the press?”

Thankfully, the press control measures were later dismissed and it was made clear that even Hollande was strongly opposed. Regardless, it is apparent journalists still aren’t safe.

The proposed law does, however, extend and harden house arrests that are allowed under a state of emergency, enables members of the police force to carry their weapons while off duty, gives stronger powers to the authorities to carry police searches that are not approved by a judge. While these cannot be carried out in the workplace, police searches can take place at the house of an MP, lawyer, a judge or a journalist.

This kind of anti-terror legislation, as we have seen in the UK, could have further negative consequences for journalists covering terrorism.


 

Mapping Media Freedom

 


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


Ten countries where people have been arrested over social media messages

Bahrain

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This week, prominent Bahraini human rights activist Nabeel Rajab was handed down a six month suspended sentence over a tweet in which both the country’s ministry of interior and ministry of defence allege that he “denigrated government institutions”. Rajab was only released last May after two years in prison, over charges that included sending offensive tweets. His experience is not unique in Bahrain. In May 2013, five men were arrested for “insulting the king” via Twitter.

Turkey

A former Miss Turkey was recently arrested for sharing a satirical poem criticising the country’s President Recep Tayyip Erdogan on her Instagram account. She is set to go on trial later this year. Turkey has a chequered relationship with social media, temporarily banning both Twitter and YouTube in the wake of the Gezi Park protests, in large part organised and reported through social media. In 2013, authorities arrested 25 individuals for spreading “untrue information” on social media.

Saudi Arabia

(Photo: Gulf Centre for Human Rights)

(Photo: Gulf Centre for Human Rights)

In late 2014, women’s rights activist Souad Al-Shammari was arrested during an interrogation over some of her tweets. The charges against her include “calling upon society to disobey by describing society as masculine” and “using sarcasm while mentioning religious texts and religious scholars”, according to the Gulf Centre for Human Rights.

France

(Photo: « Source : Réseau Voltaire » [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

(Photo: Réseau Voltaire [CC BY-SA 3.0], via Wikimedia Commons)


Following the series of terrorist attacks in Paris in early January, at least 54 people have been detained by police for “defending or glorifying terrorism”. A number of the cases, including against comedian Dieudonne M’bala M’bala, are believe to be connected to social media comments.

Britain

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A 22 year old man was arrested in for “malicious communication” following Facebook messages made in response to the murder of soldier Lee Rigby, and another user was arrested after taunting Olympic diver Tom Daly about his dead father. More recently, police arrested a 19-year-old man over an “offensive” tweet about a bin lorry crash in Glasgow that killed six people. TV personality Katie Hopkins, known for her controversial tweets, was also reported to Scottish police following some tasteless tweets about about Scots. The incident prompted Scottish police the to post their now infamous tweet declaring they would continue to “monitor comments on social media“.

China

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Online activist Cheng Jianping was arrested on her wedding day in 2010 for “disturbing social order” by retweeting a joke by her fiance. She was sentenced to one year of “re-education through labour”.  Twitter is officially banned in China, and microblogging site Weibo is a popular alternative. In 2013, four Weibo users were arrested for spreading rumours about a deceased soldier labelled a hero and used in propaganda posters. The four were said to have “incited dissatisfaction with the government”, according to the BBC.

Australia

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A teen was arrested prior to attending a Pink concert in Melbourne for tweeting: “I’m ready with my Bomb. Time to blow up #RodLaverArena. Bitch.” The tweet referenced lyrics from the American popstar’s song Timebomb.

India

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An Indian medical student was arrested in 2012 over a Facebook post questioning why her city of Mumbai should come to a standstill to mark the death of a prominent politician. Her friend was arrested for liking the post. Both were charged with engaging in speech that was offensive and hateful.

United States

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Portesters at the G20 meeting in Pittsburgh in 2009 (Photo: Jack Busch/Creative Commons)

 

Back in 2009, a New York man was arrested, had his home searched and was placed under £19,000 bail for tweeting police movements to help G20 protesters in Pittsburgh avoid the officers. According to Global Voices, it is unclear whether his actions were actually illegal at the time.

Guatemala

A man was arrested in 2009 for causing “financial panic” by tweeting that Guatemalans should fight corruption by withdrawing all their money from banks.

This article was posted on 23 January, 2015 at indexoncensorship.org