Lament for Hong Kong

In October 1999, a crowd gathered outside Buckingham Palace to jeer at Jiang Zemin, then China’s president as he ate dinner inside with Queen Elizabeth. “Free Tibet!” and “Nazi China,” they shouted. For Jiang, who was known to be sensitive to criticism (he had earlier told Swiss lawmakers that they had “lost a good friend” after they declined to quash similar protests) it was surely an uncomfortable moment. It was also a sign of a robust democratic principle: the right to peaceful assembly and protest.

I lived in Guangzhou at the time and watched coverage of Jiang’s UK visit on Hong Kong terrestrial TV, beamed from across the border about 130km away. But at just the point where cameras panned over the protestors and their placards, the screen was abruptly replaced with a test card. I later learned that beetle-browed apparatchiks spent their days waiting to pounce on any broadcast that offended mainland sensibilities. Like the Stalinist cult of Soviet Russia, China could not endure the friction of free expression.

Censorship this crude can be grimly funny. Blanking TV screens is an electronic update of photographic ‘retouching’, when Soviet bureaucrats diligently scratched out images of political figures who had been purged or executed by the regime of Joseph Stalin. In the late 1980s, British television producers hired voice actors to precisely mimic Sinn Fein politicians in a creative attempt to work around a government ban on terrorist spokespersons. But it was hard to find much humor in China’s didactic prohibitions, except for the unintentional kind.

I taught at the Guangdong University of Technology until 2000. In the evenings I would traipse to the university internet centre, a crowded room full of battered old computers to send emails home. Large signs on the wall warned against browsing for anything to do with politics, religion or sex. In the classroom I was also instructed to avoid those taboos. It was made known to me that a cadre from the Communist Party was in the classroom ready to flee to the dean should I break the rules, for which I would be fired and sent home.

The state graduated from these primitive attempts to restrict internet searches to erecting the Great Chinese Internet Firewall, one of the world’s most sophisticated systems of online censorship. YouTube and Facebook were banned in 2009, later Google, Dropbox and Wikipedia. Foreign newspapers (including my own – The Economist and The Independent) and the New York Times have been repeatedly blocked, domestic journalists imprisoned, foreign journalists intimidated or kicked out.

One of the bleakest developments of the last decade has been watching the dead-hand of this official repression seep into Hong Kong. The province was hardly paradise – crowded, venal and with eye-popping disparities in wealth. Nevertheless, its cinemas, newspapers and bookstores did not live in fear of being gagged or shut down. One of the first books I bought there was The Private Life of Chairman Maoa memoir by Mao’s doctor Li Zhisui, which chronicles, among other things, the Chinese leader’s alleged fondness for sex with young girls.

Long before the National Security Law (NSL) dropped like a dirty bomb in the summer of 2020, bookstores and public libraries were removing critical titles about Mao, history, the 1989 Tiananmen Massacre and the democracy movement. The closures last year of the anti-communist Apple Daily, Hong Kong’s largest-selling newspaper, and online website Stand, which scrubbed all its old articles, are only the tallest trees to be toppled by the law.

Programmes have been cancelled and reporters sacked, moved or banned from covering press events. Foreign journalists, such as Aaron McNicholas, a former Bloomberg reporter from the same Irish town as myself (Clones) have had their visa applications rejected (he was forced to return home in September 2020). Radio Television Hong Kong (RTHK), the public service station I used to watch while in Guangdong, has pulled back from interviews and removed archives that might trigger the censors.

Self-censorship is the worst kind, said the Czech-born movie director Milos Forman, because it twists spines, destroys character and turns us into hypocrites. It’s also the “goal” of all repressive regimes, said one Hong Kong-based journalist. “You start to question yourself whether that story you’re researching is still doable in light of the NSL,” said the journalist who requested anonymity. “They can slice and dice that law in whatever way they wish, and if you cross the line, you can be arrested and denied bail.”

More reporters are getting the message. In the last month, over half a dozen have reportedly quit the newsroom of The South China Morning Post, once one of the crowns in Rupert Murdoch’s empire, now owned by Alibaba, a Chinese internet company run by billionaire Jack Ma. Ma disappeared from public view for three months in November 2020 after he criticised the country’s creaking financial system. Many will have surely heeded the lesson: if China’s richest man can be brought to heel, who cannot.

Hong Kong’s chief executive, Carrie Lam, has punctuated this historic assault on a first-world media with a series of surreal statements denying it is happening. In January, she said her government did “not seek to crack down on press freedom.” Last year, in a Trumpian touch, she said her government was the “worst victim” of fake news, the prelude to what many fear will be more legislation targeting the internet.

As the scale of the government’s ambitions to throttle free expression became clear, Lam insisted that journalists were safe – as long as they obeyed the security law. Of course, as media watchdog Reporters Without Borders noted, the scope of the four new offences that can be wielded against journalists – secession, subversion, terrorism and collusion with foreign powers – is so “deliberately vague and catch-all” as to make all but government stenography a dangerous proposition (life imprisonment is the mandated punishment).

Beyond the silenced reporters, activists and politicians, various sectors of Hong Kong society, such as unions, are “quietly shutting down”, said the anonymous journalist, citing “fear of repercussions”.

“That bedrock of civil society is slowly – actually quickly – being eroded,” he said.

One of the last public memorials to the Tiananmen incident – a statue of piled-up corpses to commemorate those killed – was removed from the University of Hong Kong in December. “Hong Kong has now become a place where those who speak out against such draconian measures await the midnight knock,” writes Michael C Davis, a professor of law at the university until 2016.

David Law, who also taught at the university but who recently left Hong Kong, says the removal of the ‘pillar of shame’ was a shock. “It isn’t necessarily the most telling event but it is the most visible, something that people saw and remember and can relate to as a common point of reference – literally a landmark,” he says. “It has been valuable for getting people to literally see what is happening. Symbols do that.”

I was last in Hong Kong in 2013, on a book tour, giving a couple of talks on the Fukushima nuclear accident that had occurred two years previously. I had been invited by activists campaigning for the closure of the Daya Bay Nuclear Power Plant across the border in Guangdong. I wrote back to them this month as I was researching this article, asking if the new law had affected their activities, but I got no reply. It’s possible they hadn’t received my mail – or that they cannot respond. That’s what happens when everyone is afraid.

Pondering all this over the last week, I recalled gleefully smuggling my Mao book back across the border in late 1999 and debating with my wife whether to teach it in journalism class, which I eventually did.

I’d love to frame this decision, which broached two of three of the university’s banned topics, as a daring jab at the censors, or a pedagogic exercise in challenging perspectives – but I was mostly curious about the reaction of my students. They had been taught a precise formulation on Mao’s rule – 70% good, 30% bad – a calculation that included nothing about his sexual proclivities. In the end, one or two were furious at this new information but if the dean got wind of it, I never heard. Perhaps the university was short of teachers.

Or perhaps the students knew already. One of the surprises of being in China was the knowing cynicism and dry humour that peppered chats about the country’s rulers. It would be good to be able to talk again to my now middle-aged students about how such cynicism finds expression in the age of Xi Jinping. As we know, attempts to use online euphemisms and code, such as images of Winnie the Pooh to lampoon the tubby tyrant have been squashed, proving again that despotism and humorlessness are natural partners, and, as British contrarian Christopher Hitchens once said, censorship inevitably degenerates into absurdity and corruption.

Putin’s invasion of Ukraine will give other tyrants free rein

Graffiti of Vladimir Putin. Photo: Don Fontijn/Unsplash

I have struggled to write this blog. There don’t seem to the right words for something so serious, so terrifying but so utterly predictable.

Putin has invaded Ukraine – again.

As I write there are Russian bombs falling across Ukraine. Innocent people are dying, families are sheltering from bombing raids in the underground and people are fleeing.

This act of war, from a tyrant, cannot be explained or excused. This is an effort to destabilise Europe. To re-build a Russian Empire. To secure Putin’s legacy. It is not about NATO expansionism or a security threat from Ukraine. This is all Putin. This is not about the Russian or Ukrainian people.

Putin has brought war and death to mainland Europe and the world is more unstable than at any time since the Cuban Missile Crisis. That is our shared reality in 2022. This is the consequence of allowing a dictator to operate unchecked as readers of our work at Index know only too well.

Index does not exist to pontificate about international relations and defence policy – as frustrated as we may be. Our role, always, is to provide a space and a voice for dissidents and those being persecuted. But, and it’s a big but, we were founded in the midst of the Cold War half a century ago – to promote and protect the liberal democratic value of free expression. To work behind the Iron Curtain to provide a platform for the work and personal reflections of dissidents. We did this because we believe in democracy. That the foundations of free expression are protected at the ballot box. That the ultimate expression of freedom is the right to self-determination and to peace in a free society.

The invasion of Ukraine brings to the fore the reasons why Index exists. Even in the early hours and days of this aggression we have seen misinformation used as a propaganda tool. Journalists in Russia have been instructed to only use official comment on events in Ukraine. Protesters against the war in Moscow are being arrested in the dozens. And DDoS attacks on Ukrainian cyber infrastructure is becoming the norm. Putin is seeking to control every form of communication – that is not free speech.

In the months and years ahead Index will continue to provide a platform for dissidents. We will tell the stories of those writers, artists and academics who are being silenced by Putin’s regime. We will do what we do best – be a voice for the persecuted.

But as scared as I am of events in Eastern Europe – I worry about censorship through noise (as so ably articulated by Umberto Eco) that we are about to live through. Every repressive government could move against their citizens in the coming months with little global condemnation as our world leaders seek to find peace and secure the world as we know it. As we have for over half a century Index will be a home for those dissidents too – wherever they live – highlighting their stories and publishing their work.

The months ahead are going to be awful for too many people. Tyrants will believe they have a free hand to move against their citizens. Europe faces more war and the Chinese Communist Party may well seek to manipulate events to suit themselves.

In this unstable world the work of Index has never been more vital and we will do everything we can to support those who need us most.

Joe Rogan row shows limits of appetite for free speech

It’s difficult to see the multi-millionaire US podcast host Joe Rogan as the victim of censorship. This month, Forbes reported that he had been offered $100m to switch allegiance from the music streamer Spotify to the right-wing free-speech platform Rumble. To his fans, part of the attraction of this former wrestling commentator is that he represents the American everyman, a fearless straight talker in opposition to the mainstream media.

The reality is that, with 11 million listeners, Rogan far outstrips the audience of the established media. Even the most popular TV news hosts cannot dream of such figures: Tucker Carlson, Fox News’s most popular anchor, averages a mere 3.2 million viewers while Jake Tapper of the liberal network CNN struggles to hit viewing figures of one million.

But there is a free expression issue here. When singer-songwriters Neil Young and Joni Mitchell objected to Rogan including misinformation about the Covid vaccine, they could have simply decided to remove their music from the platform. This would have been consistent with the tradition of the protest singer, from which they both come. The problem was that they appeared to make this an ultimatum, asking Spotify to choose between them and the podcaster.

As a commercial decision this was no contest. But in terms of the free circulation of ideas in a free society, it is more problematic. Wherever possible, we should allow the most uncomfortable debates to take place in the largest possible arena. And Rogan’s arena is certainly large.

The intervention of Young and Mitchell was significant precisely because it sparked debate about the limits of free speech. They were not alone in objecting to the views of Dr Robert Malone, a guest who questioned the effectiveness of mask-wearing and likened the mass-vaccination programme to Nazi Germany. Some 270 scientists also wrote to Spotify to demand they address misinformation on Rogan’s show.

Following the row, Spotify is reported to have removed more than 110 episodes of Rogan’s show where they were seen to spread misinformation or guests used racist slurs. This though is not censorship. Removing content is an editorial decision. Young and Mitchell have succeeded where others have failed in forcing a major media platform to recognise its responsibilities as a publisher.

The pandemic has put a huge strain on our instinct for free speech. But the reality is that the debate between sceptics and adherents to government policy has been, for the most part, open and vibrant. The discussion around the Joe Rogan show has resulted in the podcaster committing himself to providing more balance in future and Spotify acknowledging its role in modifying content.

If nothing else, this episode has at least disabused us of the idea that Rogan is an outsider, let alone a dissident. For better or worse he now is the mainstream media.

“All this for a simple post on Facebook”

Samira Sabou

Nigerien journalist Samira Sabou, winner of Index on Censorship’s Freedom of Expression Awards 2021 in the journalism category, has been handed a one-month suspended prison sentence and a fine of 50,000 FCFA (around £65) for circulating an article on drugs trafficking in the country. The sentence was handed down by the courts despite her house being searched without a warrant and Sabou being questioned without a lawyer being present.

The article – Strange Days for Hashish Trafficking in Niger – reported on the trafficking of cannabis through West Africa to North Africa, and the seizure by Nigerien authorities of a large shipment, some of which later went missing.

“On 26 May 2021, I posted an article on drug trafficking in the country,” says Sabou. “The following day I was summoned by an individual who called me on the phone. He told me that he was from the anti-drug unit and that I must come immediately. He didn’t tell me why. I told him that I would first call my lawyer and I would get back to him. But I was told that if I did not show up immediately he would send agents to look for me.”

Within 30 minutes at least 10 people showed up at Sabou’s house to search it.

“After reminding them that they could not come to my home and search it without a warrant, there was a fight,” she says. “They handcuffed my husband and took his phone to prevent him from calling my lawyer. They also confiscated my phone maybe because I had posted on social media about what was happening. In the face of legal harassment against me, it has become a habit of mine to make society my witness through Facebook posts.”

“Later that day police officers from the Central Office for the Repression of Illicit Trafficking in Narcotic Drugs (OCRTIS) came to take me in for questioning. They begged my husband to let me go with them, still without a warrant, and without my lawyer. And all this for a simple post on Facebook. I am neither a murderer nor a drug dealer, let alone a fugitive. I am a simple journalist!”

Sabou was taken against her will to the OCRTIS premises and interrogated. Following this, OCRTIS filed a complaint against Sabou for indirect defamation  and she was summoned on 6 June to the Directorate of the Judicial Police (DPJ).

“At this stage I would like to point out that no responsible and ethical judge would agree to proceed given that the complainant (OCRTIS) had me forced from my home, without a warrant, and had questioned me without a lawyer. It is outrageous, completely senseless in a country of  ‘rights’. And all this for sharing a post on Facebook!” she says.

On 9 September Sabou appeared before the Tribunal de Grande Instance Hors Classe in Niamey, where she was prosecuted for “defamation” and “diffusing information to disrupt public order” under the cyber crime law of 2019.

However on 27 December 2021, ORCTIS withdrew its complaint but her prosecution did not stop there.

“The public prosecutor’s office did not honour its part of the agreement and instead of dropping charges, asked for a conviction. On 3 January this year I was found guilty of defamation. I received a one-month suspended prison sentence and a fine of 50,000 FCFA. My colleague Moussa Aksar was also found guilty, with a two-month suspended sentence and a fine of 100,000 FCFA.”

It is not the first time Sabou has had brushes with the authorities.

In June 2020, she was arrested and charged with defamation in connection with a Facebook post highlighting corruption, specifically possible overbilling by the country’s defence ministry. She spent over a month in detention before eventually being discharged and released.

Sabou says, “The most incredible thing about this affair is that we are not the only Nigerien journalists, citizens and media to have shared the article. But we are the only ones to have been punished by the justice system in such an extreme way. It is very clear that this is all part of a broader campaign of harassment against me and the work that I do, a campaign to silence me.”

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