Index Index – International free speech round up 30/01/13

A former CIA officer was sentenced on 25 January to more than two years in prison for leaking official information to the media. John Kiriakou had released the name of a covert officer to a reporter in 2007 in media interviews which were among the first to confirm the waterboarding of detainees, including al-Qaida terrorist Abu Zubaydah. Defenders say the former officer acted as a whistleblower to the CIA’s use of torture to interrogate detained terrorists, whilst prosecutors said his intention was purely to gain fame and status. He pleaded guilty to violating the Intelligence Identities Protection Act in 2012, the first conviction under the law in 27 years. Kiriakou was initially charged under the World War I-era Espionage Act but swapped charges in a plea deal. The deal meant US district judge Leonie Brinkema was restricted to imposing a two and a half year sentence — which she said she would have extended if she could.

Poster for the play Behzti – Gurpreet Bhatti has faced censorship of another play by the BBC

Human rights defender Alaa Abdel Fattah was arrested in Egypt on 29 January for allegedly defaming a judge. The political activist and 2012 Index on Censorship awards nominee was released on bail by Judge Tharwat Hammad on Tuesday, as part of a wider investigation into allegations against private satellite channels. Charges have been filed by 1,164 judges, who complained that TV station workers had invited guests on air who had criticised the judiciary. Abdel Fattah was charged with incitement against the military in October 2011 during the Maspero demonstrations in which 27 protestors were killed.

Playwright Gurpreet Bhatti said that her play scheduled for broadcast on BBC Radio 4 on 1 February has had lines removed from the script.  During Index on Censorship’s arts conference Taking the Offensive at the Southbank Centre on 29 January, Bhatti told attendees that her play Heart of Darkness had been altered by broadcasters. The episode, due to be played on the Afternoon Drama slot, followed the investigation into the honour killing of a 16 year old Asian girl – a case investigators are told to handle sensitively because of her Muslim heritage. Bhatti’s play Behzti was axed from a Birmingham theatre in 2004 following protests from the Sikh community. The playwright denied the BBC’s compliance department accusations that lines were offensive in Heart of Darkness, saying “we live in a fear-ridden culture.”

Germany’s foreign minister said on 28 January that Russia’s draft bill banning “homosexual propaganda” could harm Russia’s ties with Europe. In a meeting on Monday evening, Guido Westerwelle told Russia’s ambassador in Berlin, Vladimir Grinin, that the law violated the European human rights convention and will harm Russia’s image and relationships within Europe. The draft legislation was passed by the  State Duma, Russia’s lower house of parliament, on 25 January and prompted protests by the gay community, including a kiss-in protest by activists which was broken up by police on Friday. The law will ban the promotion of homosexuality amongst children and is alleged to intend consolidation of public support for President Vladimir Putin.

On 28 January, Twitter began censoring porn related searches on its video sharing app Vine yesterday, after a six-second porn clip was accidentally made editor’s pick. Searching for terms such as #sex and #porn came up with no results, but users could still access pornographic content if it had been posted under a different hashtag. The social networking site apologised for circulating the video of a graphic sex act on the app launched last week, blaming the slip-up on a “human error”. Vine was introduced to Twitter as a video programme similar to Instagram, where users can upload six second video loops, some of which proving to appeal to a more adult audience. Last week, Apple banned 500px, a photography app with a section dedicated to nudity, from its app store.

Index Index – International free speech roundup 23/01/13

A magazine editor in Thailand has been sentenced to 11 years in jail today (23 January) for insulting the monarchy. Somyot Prueksakasemsuk was found guilty of violating Thailand’s lese majeste laws, after he printed two articles in his magazine Voice of Taksin featuring comments deemed insulting to the royal family by prosecutors. Prueksakasemsuk’s arrest on 30 April 2011 came five days after he launched a petition campaigning to reform article 112 of Thailand’s penal code, making it an offence to defame the monarchy — a sentence which imposes prison sentences between three to 15 years. The author of both articles, Jakrapob Penkair, former spokesperson for Thaksin, is living in exile in Cambodia and has not been charged.

Basil Fawlty in Fawlty Towers – Censored by the BBC for using racially sensitive terms

Nine human rights lawyers have been jailed in Turkey. On 22 January, Istanbul court ordered the pre-trial detention of nine of 12 lawyers arrested on terrorism charges on 18 and 20 January. Güçlü Sevimli, Barkın Timtik, Şükriye Erden, Naciye Demir, Nazan Betül Vangölü Kozağaçlı, Taylan Tanay, Ebru Timtik, Günay Dağ, Selçuk Kozağaçlı have been jailed whilst a further three were freed. Prosecutors could decide to try the group as part of a wider investigation against people suspected of being involved with the armed and outlawed Revolutionary People’s Liberation Party-Front. The group has carried out attacks on the military, politicians and the police in the past. The jailed lawyers had been particularly active in defending against police brutality in the past, as well as defending human rights activists in court. A secrecy order on the investigation means specific charges are unclear.

The Nigerian government has banned state officials from talking to the press. On 21 January, Lagos authorities issued a notice barring civil servants and political offices from granting interviews or speaking on the government’s behalf. The notice sent from Governor Babatunde Fashola was intended to curb the flow of information to the public, saying that policies that had not yet been formally approved were being discussed with the media. The notice ordered all government workers to request permission from the Ministry of Information and Strategy before giving interviews, so the information could be edited by the ministry prior to its release to the public. It also warned that in the event of officials offering public speeches, they must stick solely to their planned speech which would have to be approved by the ministry prior to the event.

Pakistan has imposed a ban on the sale of the video games Call of Duty and Medal of Honour. Saleem Memon, president of the All Pakistan CD, DVD, Audio Cassette Traders and Manufacturers Association, released a statement calling for the boycott of the games after they received dozens of complaints, saying that they violate the country’s unity and sanctity. Memon said “Call of Duty: Black Ops II” and “Medal of Honor: Warfighter” depict Pakistan’s intelligence agency Inter-Services Intelligence (ISS), as pro-Al Qaeda and Pakistan as a broken state and a safe haven for terrorists. Shopkeepers have been warned of the “consequences” of being caught attempting to buy or sell either of the games.

Famed scenes of Fawlty Towers have been cut by the BBC, to protect racial sensitivities. The Germans, an episode of the popular 1970s TV series was repeated on 20 January on BBC2, with a scene from the bigoted Major Gowen edited. Racist language was removed from the clip, a move taken to keep in tune with a shift in public attitudes according to the BBC, but listener complaints were filed following the broadcast, with some remarking that it was an “airbrushing of history”. The episode satirises xenophobia in its different forms and features John Cleese’s famous “Hitler walk” — a scene considered to be one of the greatest moments on British television.

Statutory regulation of the press will hurt free speech

This article was originally published in The New Statesman

Between the Leveson Inquiry and the crisis at the BBC, it seems journalism is all we ever read or hear about these days.

These crises are heightened because journalists are, essentially, gossips who like talking about journalists. In this, we’re no different from people in any other line of work: programmers talk about other people’s code, plumbers slag rivals’ work – it’s human.

Note I wrote “line of work” rather than profession. That’s because it is very, very important to remember that journalism is not and cannot ever be a profession.

This is at the very heart of the debate over what Lord Justice Leveson should conclude from his findings when he reports in the coming weeks. Can you legally force journalists to behave in a certain way without damaging free expression?

Some point to regulatory bodies such as the Law Society or the General Medical Council, and say that regulation does not affect those professions. But think. One can strike off a doctor or a lawyer – how does one strike off a journalist? Sure, you can sack her, but what if she starts a blog? Starts making phone calls? Starts covering stories?

How do you stop people doing journalism? The old distinction will become ever more blurred as we all now carry publishing apparatus in our pocket. Journalists in the traditional sense had desks, telephones, expense accounts and bad habits. But most importantly, access to a printing press and means of distribution. A decent smartphone carries all this in one (apart from the expenses and habits).

Journalism is one way in which people can exercise their right to free expression, and the danger with statutory regulation is that one can actually create separate levels of access to a right – giving the journalist less of a right to free expression than anyone else. That’s not how rights work.

Some will point out that there are many “statutes” that apply to journalists, and this is true, but these statutes – contempt, libel etc, do not apply just to journalists – they are universal.

Creating a new law governing the press compromises that universality.

Many point to the “Irish model” as an example of statutory underpinning. But this is not entirely correct. The Press Council of Ireland was already established before it was recognised in statute, and then only with membership as a mitigating factor in a libel defence. It was not established by statute. (Bear in mind, by the way, Leveson watchers, that it took five years of negotiation to set up the Irish Press Council. This may go on for some time.)

Meanwhile, Germany (in terms of market size, possibly a better example for the UK) does not even permit specific laws on the press.

A press regulator cannot carry legal compulsion. Politicians already try their hardest to influence newspapers, and allowing them to create statute that will rule over the press will almost inevitably prove too tempting for a parliamentarians fed up of their eternal role as lamposts to the press’s dogs (as HL Mencken had it). Statute specifically dealing with the press will hurt free speech, no matter how much its advocates say it won’t.

Padraig Reidy is news editor at Index on Censorship

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