Four places where social media could land you in jail

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Facebook has nearly 1.2 billion monthly active users –that’s nearly 20% of the total global population. Yet, in some countries harsh sanctions and time in jail can be imposed on those who comment on social media, in the majority of cases for speaking out against their government.

China

China is infamous for its stance on censorship but September 2013 saw the introduction of perhaps one of their more bizarre laws: post a message online that the government deems defamatory or false and if it receives more than 500 retweets (or shares) or 5,000 views and the person responsible for the post could receive up to three years in jail.

For the post to be of concern to the government it must meet certain criteria before a conviction can occur. This includes causing a mass incident, disturbing public order, inciting ethnic and religious conflicts, and damaging the state’s image. And to top that off the post could also be a “serious case” of spreading rumours or false information online.

According to the Guardian one Weibo user, China’s largest microblogging site, wrote: “”It’s far too easy for something to be reposted 500 times or get 5,000 views. Who is going to dare say anything now?” whilst another claimed: “This interpretation is against the constitution and is robbing people of their freedom of speech”.

Vietnam

Decree 72 came into effect in Vietnam this year, a piece of legislation which makes it a criminal offence to share news articles or information gathered from government sites over online blogs and social media sites. The new law was criticised globally when it was announced in September as the latest attack on free expression in Vietnam adds to the list of censorship tactics already in place in the country; websites covering religion, human rights and politics have been blocked along with social media networks and some instant messaging services.

There are also fears that Decree 72 will risk harming international relations, with a direct impact on Vietnam’s economy, as well as internal restraints on the development of local businesses. Marie Harf, Deputy Spokesperson for the U.S. Department of State, said in a press statement: “An open and free Internet is a necessity for a fully functioning modern economy; regulations such as Decree 72 that limit openness and freedom deprive innovators and businesses of the full set of tools required to compete in today’s global economy.”

Burma

Going to jail merely for receiving an email would seem absurd to much of the world. In Burma this is written into law.The Electronic Transactions Law 2004 allows imprisonment of up to 15 years for “acts by using electronic transactions technology” deemed “detrimental to the security of the State or prevalence of law and order or community peace and tranquillity or national solidarity or national economy or national culture”. Put into layman’s terms that could mean a hefty jail sentence for being on the receiving end of an email the government isn’t so fond of.

Despite talks to remove the lengthy jail terms many feel the changes don’t do enough to tackle a problem with censorship the country has faced for several decades.

Gambia

Those who intend to critics the Gambian government online should only do so if they have a stack of money to spare, $82,000 to be precise, or be willing to spend 15 years in jail. Under the recently passed Information and Communication (Amendment) Act anyone accused of spreading “false news” about the government or public officials online will face these heavy sanctions. Other ways in which Gambians can find themselves behind bars includes producing caricatures or making derogatory statements against public officials online, inciting dissatisfaction via internet posts or instigating violence against the government online.

Article 19 condemned the Act, criticising it for being “a flagrant breach of the International Covenant on Civil and Political Rights (ICCPR), as well as the African Charter on Human and Peoples’ Rights (ACHPR), both of which Gambia is a party to”.

This article was posted on 11 Jan 2014 at indexoncensorship.org

Censorship: The problem child of Burma’s dictatorship

Writer and artist Htoo Lyin Myo gives his personal account of working under government censorship in Burma

I  became familiar with censorship as a boy in the 1990s, when certain pages of the monthly magazines I read were covered with black ink, which censorship officials manually brushed over printed words. The paragraphby- paragraph, line-by-line ink-covered pages made me curious, so I would place them on a lit-up surface in order to have a peek. Indeed, the hidden words covered with ink criticised government economic policy or local businessmen.

But when the ink was changed from black to silver, I could hardly see those hidden words: it was a totally hidden, reflective surface, like metallic camouflage.

Burma’s notorious censorship developed alongside the dictatorship, a government that created the 1962 Printers’ and Publishers’ Registration Act. So censorship is ‘the problem child’ of the dictatorship. Currently, Burma has nine laws that provide for censorship both directly and indirectly, including the Electronic Transactions Law (2004). It carries with it a penalty of up to 15 years’ imprisonment for internet users who receive email messages that are deemed to be detrimental to the security of the state.

From about 2005, browsing the internet became part of my daily routine. Low-speed internet connection, which continues today, made it difficult to access information.

In addition, though, a great number of websites were banned, including the BBC, Voice of America (VOA) and Radio Free Asia (RFA). At that time, most of my friends who used the internet exchanged proxy website addresses in order to access government-banned websites. Hardly anyone was astonished when, in 2009, the Committee to Protect Journalists (CPJ) ranked Burma the worst country in the world to be a blogger.

As the decade went on, I internalised the censorship I experienced in my journalistic career.


FROM INDEX ON CENSORSHIP MAGAZINE

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This article appears in the current issue of Index on Censorship, available now. For subscription options and to download the app for your iPhone/iPad, click here.

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Weekly journals were required to submit samples to the Press Scrutiny and Registration Division (PSRD) of the Ministry of Information before publication. So a full-page translated article about the Dalai Lama was banned. A so-called PR clerk, a post appointed in every publishing house to deal with the PSRD, sent the article back, telling me to ‘substitute’ it with another ‘lighter’ one. This happened on the day of our deadline and the team, like so many others in the media business, had to pull the front page at the last minute.

I experienced censorship, too, when it came to my work as a performance artist. At one of the international performance festivals held in Rangoon, local and international artists were scrutinised by an army of censorship board officials from the Ministry of Foreign Affairs, the Ministry of Homeland Affairs, the Ministry of Information and so on. Artists had to queue to be granted permission to perform and officials checked each participant artist’s materials, making sure their chosen colours and ‘ideas’ complied with guidelines to protect the ‘security of the state’. If officials suspected that an artist’s materials might go against the ‘will’ of the state, these materials were prohibited and the artist banned from using them. In addition to jeopardising the security of the state, artwork and materials could be banned on grounds of religion (offending Buddhism, mainly) or for posing a threat to law and order.

If an artwork was deemed to be critical of the state or going against its ‘will’, an artist could be completely rejected and denied permission to exhibit or perform that particular work. In order to avoid including anti-social materials in their art, artists often had to self-censor, imagining a potential ‘justification’ for banning pieces prior to the ‘permission hearing’. In 2008, I took part in a clandestine international performance festival held in a compound in a countryside township an hour outside of Rangoon. The event was moved there after local authorities denied permission for it to take place in a public park in the city.

Visiting foreign artists also had to practise self-censorship. During a workshop in 2009, a renowned Chinese artist originally suggested participants walk down the streets of Rangoon, pointing to the sun with their index fingers. Later, he rejected this performance art idea because, in Burma, the sun, ne in Burmese, implicitly refers to the late dictator Ne Win. The artist said he ‘understood’ why the activity might be refused and decided to withdraw it from the workshop.

Self-censorship evolved in the print media in a superficially different way: if the PSRD was known to reject a certain kind of front-page headline, journalists and editors made changes before submitting them for approval. However, occasionally a newspaper’s once-rejected headline could, with luck, be approved upon its second submission to the censor board, so journalists often kept this in mind when planning headlines.

After the 2010 elections – perhaps as a reaction to widespread accusations that the election was rigged – some subjects covered in the print media, including sport, health and entertainment, did not require censor officials’ approval prior to publication. News stories and articles about politics and religion, however, were still required to be submitted for approval. Leading print media companies seldom faced week-long publication bans for subversive stories on front pages, but journals could be subject to defamation lawsuits – and this law still exists today.

Since September 2011, formerly banned websites VoA, BBC Burmese and RFA have been accessible, as have the websites of some Burmese exiled media outlets like Irrawaddy and Democratic Voice of Burma. The latter are popular among the Burmese middle class because of their critical insight into the military government. With a handful of amnesties for journalists, activists, whistleblowers and bloggers, who had been given sentences of decades-long prison terms, the Burmese media environment has become more relaxed.

Almost overnight it became possible to report on land seizures for state projects like dams or for use by regional military bases, or on workers’ protests against unjust wages and corruption. Yet the silence around taboo subjects has not altogether lifted.

In terms of democracy, Burma is in its infancy. Freedom of speech is not 100 percent guaranteed. And government cronies have their eyes on the print media as a viable market they can control and which will earn them a nice profit. In Burma, the ruling party owns one of the most prominent daily newspapers and crony businessmen own a number of weekly and monthly journals.

The last time I confronted pressure from local authorities was after I joined a temporary art space called 7000 Padauk in March 2013. On the second day of opening, a group of ward-level authorities ordered those wanting to enter the space to formally check in, resulting in a dispute with artists. The ward official insisted it was illegal to use the premises for such events, demanded to know who the owner was, asked for information about planned events, the names of those involved, and so on. I have witnessed firsthand that people on both sides – those who rule and those who are ruled over – still engage in a process of ‘bargaining’. A free space like 7000 Padauk is very much needed at this time of so-called transition for Burma. But when I arrive there, I still look over my shoulder.

©Htoo Lwin Myo

Htoo Lwin Myo  is a journalist, translator and artist living and working in Rangoon. His translation of a biography of the Dalai Lama, the first of its kind to be published in Burmese, was published in 2012

Burma: Freedom of expression in transition

Index on Censorship Report: Burma is at a crossroads. The period of transition since 2010 has opened up the space for freedom of expression to an extent unpredicted by even the most optimistic in the country.

Burmese magazines

The number and range of media in Burma has proliferated

Yet this space is highly contingent on a number of volatile factors: the goodwill of the current President and his associates in Parliament, the ability of Aung San Suu Kyi to assure the military that her potential ascendancy is not a threat to their economic interests and the on-going civil conflicts not flaring into civil war. The restrictive apparatus of the former military state is still available for the government to use to curtail freedom of expression – the most draconian laws are still on the statute book affecting the media, the digital sphere and the arts; police and local authorities have significant discretion when it comes to approving speech and performance, and the judiciary has a limited institutional understanding of freedom of expression. In effect, the old state remains in the shadows – or as one journalist told Index: “the generals have only changed their suits”.

Yet Burma has changed. The country is freer than it was during Index’s mission in 2009, when meetings were held in secret. In March this year, Index co-produced a symposium on artistic freedom of expression with local partners, the first public conversation of its kind in recent history. The abolition of pre-censorship of newspapers and literature, the return of daily newspapers, the release of political prisoners and the open space given to political debate all signal real change. The question for the government and the opposition is: will the transition be sustained with legal and political reform to reinforce the space for freedom of expression and to dismantle the old state apparatus that continues to pose a threat to freedom of expression?

This paper is divided into the following chapters: Burmese politics and society; media freedom; artistic freedom of expression and digital freedom of expression. The report is based on research conducted in the UK and 20 interviews (with individuals and groups) in March 2013 conducted in Mandalay and Yangon. Due to the ongoing possibility of future prosecutions, the interviewees have been kept anonymous.

Politics and society looks at the role of the President, United Solidarity and Development Party (USDP), Aung San Suu Kyi and the National League for Democracy (NLD) and the student movement and freedom of expression, ethnic conflict and the constitution and the need for reform, freedom of association and freedom of assembly.

The media freedom chapter looks at the press council, existing impediments to media freedom, the state of media plurality and self-censorship in the press. The artistic freedom of expression chapter covers theatre and performance art, literature, music and film. Finally, the digital freedom of expression chapter looks at access issues, the impact of new technologies and state censorship on the digital sphere. The report is based on a series of interviews conducted in Rangoon and Mandalay in March 2013, with additional interviews conducted in April 2013 in the same cities.

Recommendations
To maintain the progress of the transition the government of Burma must:

  • Prepare a roadmap in this session of parliament that lays out how Burma will reform the legal framework that curtails freedom of expression. The reform must curtail the emergency legislation imposed by the military regime; end the licensing of newspapers and decriminalise defamation, open up access to the internet and remove restrictive laws that penalise its use and annul provisions in the penal code dating from British colonial rule that criminalise political speech and freedom of association. The EU, US and other partners must be prepared to revisit sanctions if the government of Burma fails to deliver this roadmap.
  • Abandon the restrictive press law put forward by the Ministry of Information and allow the Press Council to continue to lead on the process of drafting a new legal framework for the press and other media actors.
  • Prior to enacting a new legal framework for the press, the use of emergency powers to ban the publication of media in Burma must be stopped.
  • Bureaucratic hurdles to freedom of expression should be removed immediately, in particular the requirement for permits for public performances (live music, public art, political readings) to be signed off by multiple layers of government.
  • The government should give clear instructions to local police forces that the use of restrictive legislation to stop peaceful public demonstrations is excessive and should be stopped in particular Article 18(b) of the Peaceful Assembly and Peaceful Procession Law and section 505 of the penal code.

NEXT SECTION: Politics and society

Burma: Freedom of expression in transition: Introduction | Politics and society | Media freedom | Artistic freedom of expression | Digital freedom of expression | Conclusion | Full report in PDF format