On 21 March, a Tunisian court sentenced rapper Ala Yacoubi (aka Weld El15) to two years in prison in absentia, over an anti-police song and video, Boulicia Kleb published on YouTube. In the song, Weld El15 describes police officers as “dogs” and says “he would like to slaughter a police officer instead of sheep at Eid al-Adha”. Four other rappers, to whom Weld El15 dedicated the song, were also sentenced to two years in prison in absentia. Actress Sabrine Klibi, who appears in the video, and cameraman Mohamed Hedi Belgueyed, were arrested on 10 March. They each received a six-month suspended jail sentence.
Yacoubi, who is in hiding, told award-winning blog Nawaat:
There are those who accuse me of inciting violence against police. I was only using their language…I was subject to all forms of police violence: physical and verbal. As an artist, I can only answer them through my art: aggressive art…I expressed myself in a country, where I thought freedom of expression exists. It turned out that I was wrong.
To bring charges against Weld El15 and his associates, prosecutors applied anti-free speech laws inherited from the dictatorship era. Among these laws are articles 128 and 226 of the Penal Code. The latter carries a penalty of a six-month jail term for “affronting public decency”; while article 128 states that anyone found guilty of “accusing without proof a public official” could face a two-year jail term.
Weld El15 is not the only victim of these liberticidal laws. Blogger Olfa Rihai could face imprisonment over criminal defamation charges [articles 128 and 245 of the Tunisian Penal Code. Last December, Riahi posted on her blog an article alleging that the then foreign minister Rafik Abdessalem “misused public money” by spending several nights at the luxurious Sheraton hotel in Tunis. She went on to claime that the minister might have been involved in an extra-marital affair. Riahi is also accused of “harming others or disrupting their lives through public communication networks,” under article 86 of the Telecommunication code (Law no.1-2001 of 15 January 2001). If convicted under this article, she could spend up to two years in prison and pay a fine of up to 1,000 Tunisian dinars.
Article 86 of the Telecommunication Code highlights Tunisia’s vulnerable internet freedom. Despite, positive steps taken by the Tunisian authorities in favour of free speech online, freedom of the internet remains under threat due to Ben Ali’s ICT laws. Last September, Mongi Marzoug minister of Information and Communications Technology, officially announced “the death of Ammar404” [slang for Tunisian internet censorship]. In January, the ICT ministry cancelled a number of regulatory provisions in the licenses previously awarded to privately-owned telecom operators Tunisiana and Orange Tunisie.
The two ISPs are now able to bypass the Tunisian Internet Agency (ATI), for incoming and outgoing international Internet traffic. The former regime obliged ISPs to route their internet traffic via the ATI to facilitate internet filtering and surveillance.
Yet these guarantees remain insufficient, as long as repressive ICT and internet laws remain on the books. For instance, article 9 of Internet Regulations (dated 22 March, 1997) obliges ISPs to monitor and take down content contrary to public order and “good morals”. No one can stand in the way of prosecutors and judges who wish to apply these laws.
The National Constituent Assembly (NCA) is scheduled to adopt a new constitution by next summer. A second draft of the constitution, released last December, enshrines the right to free expression and prohibits “prior censorship”. However, unless anti free speech laws are revised or abolished, the future constitution will in no way be enough to guarantee free expression.
A new telecommunications reform that was presented in Mexico by the government of Enrique Peña Nieto has been heralded worldwide. The reform bill seeks to amend the Mexican Constitution and will open the telephony and television industries. The changes had been recommended last year by the Organisation for Economic Cooperation and Development, which said the lack of competition in the telecommunications sector cost Mexico $25 billion dollars a year and offered among the highest prices in the world to consumers.
The Mexican Congress’ lower house approved the law on Thursday March 21 and the Mexican Senate is expected to approve it in April. The version approved opens radio, television and telecommunications to foreign investment. The reform was presented to Congress in February, a feat reached by the Pact for Mexico, a multi-party front that seeks to introduce major reforms in the country. In the Mexican Congress, the bill was revised considerably by legislators. For instance, at the onset, the proposal would have allowed 100 per cent foreign investment in radio, television and telecommunications. But after two weeks of congressional tinkering, the law was restricted. In the approved version of the bill, foreign investment in radio and television is now limited to 49 per cent, although it could be higher — if the foreign company is from a country that offers reciprocal treatment to Mexicans. Fixed line telephony and cellular phone is set at 100 percent. The bill will impact Carlos Slim, now owner of Telmex, a fixed line telephony company that controls most of the country’s fixed lines, and Telcel, the country’s largest cellular telephone company.
The multi-milllion dollar open, non-cable television spectrum in Mexico is controlled by two media giants, Televisa and Azteca Television, which have controlled open waves for several decades.
The bill also creates a new regulatory body that will be functioning in 2014.
Critics such as Ernesto Villanueva welcomed the bill’s recognition of community radio in Proseco Magazine, but worried about the future of such local media, because the law does not permit them to seek publicity. The World Association of Community Radios, AMARC, urged the Mexican Congress to protect the rights of marginalised communities.
When asked his opinion about the reform, Carlos Slim, the world’s richest man, according to Forbes, said he welcomed the reform which will improve broadband, telephone and television and radio industries in Mexico. Since the reform was made public, stock prices for America Movil, Slim’s company plummeted causing $6 billion dollars in losses.
It became clear in February that internet censorship in Russia could be expanded to include sites with gay content. The State Duma voted for a bill banning “propaganda” for homosexuality involving minors, the second reading of which is scheduled for 25 May.
Many commentators believe that by then the bill will include amendments extending the list of conditions for blocking websites to include those containing information about homosexuality, which could be blocked without a court order. Current laws on protection of children could be similarly amended.
Duma deputy Elena Mizulina stated: “No adult has the right to impose their sexual preferences on a person under 18 years of age. Propaganda for homosexuality should be considered information inappropriate for children.” The League for Internet Safety, which is backed by the Kremlin and was behind the introduction of the register of banned websites in Russia, supports the initiative.
Schools, students, libraries and a post office
Tuva prosecutor demands school filters
On 22 February it was reported by the Ulug-Khem district prosecutor’s office of the Tuva republic that computers in a school that had been discovered in an inspection last October to allow unfettered access to extremist websites were still lacking filtering software. The computers, in a school in the town of Shagonar, allowed access to Islamist, anti-Semitic and fascist videos and books. The prosecutor demanded that the republic’s minister of education penalise the school’s principal and ensure that the school end the violations.
Stavropol attack on “harmful” advertising
On 26 February it was reported that a prosecutor’s audit of the Stavropol region in January had found that internet service providers were placing ads for pornographic materials and films featuring scenes of cruelty on school websites hosted on portals narod.ru and ukoz.ru. On 9 January, the prosecutor’s office told the head of the Stavropol city education office to cease violating legislation on the rights of minors. Ten school principals now face disciplinary action.
Restrictions on student access in Vologda On 28 February it was reported that the Vologda city prosecutor had found websites containing extremist and pornographic materials and alcohol advertising to be accessible from computers in five schools. The prosecutor told the schools to block students’ access.
Rural school told: block “damaging” information
On 18 February it was reported that the Kalininskii district prosecutor in the Saratov region had found that computers in the Simonovka village secondary school provided access to websites “that could damage the health and moral and spiritual development of children”. The prosecutor told the school administration to cease the violations.
Library must restrict access to explosives sites On 18 February it was reported that the Khanty-Mansiysk autonomous district prosecutor had found that Beloyarsk library computers provided access to websites with information on manufacturing explosives. The library was told to cease the violations and to bring charges against those responsible.
Surgut prosecutor hits at school porn On 22 February it was reported that the Surgut district prosecutor had found that computers in the Lyaminsk high school allowed access to pornographic material. The prosecutor demanded that the school install content-filtering software to restrict students’ access to harmful websites.
Amur school instructed to block violence
On 11 February it was reported that the Bureya district prosecutor of the Amur region had found that computers in Rodionovo secondary school allowed access to sites promoting violence and brutality, drugs, pornography and anti-social behaviour. The school principal was ordered to cease the violations and bring disciplinary action against those responsible.
Kostroma post office fined
On 13 February the Kostroma region prosecutor reported that an inspection by the Mezhevsky district prosecutor had revealed that a computer in the Georgievskoe village post office allowed access to extremist materials and information on the manufacturing and use of tobacco and illegal drugs. After a court case, the post office was fined 20,000 rubles (£425).
Bashkortostan court orders school filters
On 13 February it was announced that Dyurtyuli interdistrict prosecutor in Bashkortostan had found that computers in schools provided access to websites with information on narcotics. The prosecutor demanded that the schools install filtering software and limit access to these sites, demands that were backed by a court.
School head sued on access to extremism
On 6 February it was reported that the Umetskii district prosecutor in the Tambov region had found a computer in a local high school that allowed access to extremist materials. The principal of the school was ordered to cease allowing access, and the prosecutor recommended disciplinary charges against the responsible parties.
“Students need protection” in Kineshima On 6 February the Ivanovo regional prosecutor reported that the Kineshma prosecutor had found that computers in the city’s schools provided access to extremist materials. The schools were ordered to cease violations of anti-extremism legislation.
Salekhard school must install internet filters
On 6 February it was reported that the Salekhard city prosecutor had found that students of a secondary school were inadequately protected from harmful information: computers at the school could be used to access pornographic material, information about manufacturing explosives, and texts with foul language. The principal was ordered to install working internet filters.
Prosecutor demands protection from poetry On 8 February it was reported that Omsukchan district prosecutor in Magadan had established that filtering software in the Omsukchan village high school was failing to prevent access to extremist materials, including Vladimir Shcherbina’s poem “Progonite zhida” (Chase Away the Jew). The school was ordered to restrict access to the extremist websites.
Extremism
Altai court orders block on 29 websites
On 25 February the Gorno-Altaisk city court upheld the demand of the Altai Republic prosecutor that the regional branch of the ISP Mobil’nye TeleSystemy limit access to 29 websites. The materials include songs on the Federal List of Extremist Materials published on 12 websites, and a book also on the list published on 17 sites. The court ordered the ISP to limit access to these materials. The decision has not yet entered into force.
Saratov prosecutor demands restrictions
On 26 February it was reported that the Leninskii district prosecutor in Saratov had identified several sites “containing public calls for extremist activities, terrorism, incitement of hatred or enmity, as well as humiliation of human dignity”. The prosecutor has ordered the regional branch of the ISP MTS to restrict access to these sites by installing IP-address filtering on its routers.
Extremist sites blocked in Smolensk
On 27 February it was reported that two websites containing extremist material had been blocked in response to a demand from the Roslavl prosecutor in the Smolensk region.
Yekaterinburg authorities block sites
On 27 February the Sverdlovsk regional appeal court considered the regional prosecutor’s appeal against the decision of the Upper Iset Yekaterinburg district court to dismiss the request of Zheleznodorozhnyi district prosecutor in Ekaterinburg to block access to four extremist websites. The appeal court overturned the original decision and ordered the ISP Telnet Service to restrict access to websites on the Federal List of Extremist Materials.
Omsk oppositionist added to register On 27 February it was reported the administration of LiveJournal.com had blocked the account of Mikhail Yakovlev, the Omsk opposition leader. The author was notified that his page had been added to the Register of Banned Sites. According to Yakovlev, the ban could be related either to his criticism of the Sverdlovsk governor Yevgeniy Kuyvashev or to his liberal position on soft drugs.
Altai demands restrictions
On 18 February the Altai regional prosecutor announced that the Zarinsk prosecutor had identified several websites containing extremist materials and demanded that two ISPs use IP-address filtering to block them.
Kirov action against ISPs
On 18 February the Kirov district prosecutor in Samara filed 10 legal suits against ISPs demanding blocks on websites that contain extremist materials. The suits are currently being considered.
Extremist website accessed from college
On 20 February it was reported that the counterpropaganda officers of the Centre for Extremism Prevention of the Karachay-Cherkessia’s Ministry of Internal Affairs had discovered that computers at the Karachay-Cherkessia College of International Tourism and Hospitality Management in the village of Uchkeken, provided unfettered access to a website included on the Federal List of Extremist Materials. The audit results have been forwarded to the prosecutor’s office.
ISP blocks sites in Smolensk
On 11 February it was reported that in the city of Gagarin in the Smolensk region the ISP Orbit Plus partially blocked access to several sites that published Adolf Hitler’s Mein Kampf and other pro-Nazi texts. Last November the regional prosecutor demanded that the ISP cease violating the Law on Combating Extremist Activity.
Videos barred in Altai
On 13 February the Gorno-Altaisk city court considered a suit filed in January by the Altai republic’s prosecutor against the ISP Rostelecom demanding restrictions on access to extremist videos published via the online social network VKontakte. In the course of the trial it was established that access to the videos had been restricted prior to the start of the trial. The case was subsequently dismissed.
Islamist videos banned in Kursk
On 13 February it was reported that the Zheleznodorozhnyi district prosecutor in Kursk had found extremist materials accessible online including anti-Russian Islamist video clips and other materials aimed at undermining the constitution and justifying murders of law enforcement officers. The ISPs Aksinet and Comstar-Regiony were told to restrict access to the relevant sites and complied with the demand.
Audit of websites in Karachay-Cherkessia
On 5 February the Centre for Extremism Prevention and the FSB of the Karachay-Cherkessia republic identified a publicly accessible website containing extremist material. The audit results have been forwarded to the republic’s prosecutor.
ISP warned in Krasnodar
On 7 February the Krasnodar regional prosecutor reported that the Temryukskii district prosecutor had identified a publicly accessible website, Vilayat Dagestan – maintained by Imarat Kavkaz (“Caucasus Emirate”) organisation – publishing extremist materials. The director of the regional branch of the ISP MTS was warned about about the impermissibility of extremist activity.
Gambling and online casinos
Khanty-Mansiysk court blocks gambling
On 25 February it was reported that the Urai prosecutor in Khanty-Mansiysk autonomous district had been granted court backing to ensure that the ISP Rostelecom block access to gambling websites.
Tula prosecutor goes for pyramid scheme
On 26 February the Sovetskii district prosecutor in Tula sued the ISPs Altair Tula, MTS, RadioPeydzh-T, Tulskii Gosudarstvennyi Universitet and ER-Telecom Holding, demanding that they restrict access to sites of the MMM pyramid scheme.
Ufa prosecutor demands restrictions On 25 February it was announced that the Sovetskii district prosecutor in Ufa had sued the ISP Ufanet demanding that it block access to 26 gambling websites.
Gambling targeted in Surgut
On 27 February the Khanty-Mansiysk autonomous district prosecutor reported that the Surgut city prosecutor had identified several illegal gambling websites. The prosecutor demanded that six ISPs restrict access.
Tula casino access barred
On 27 February it was reported that the Tsentralnyi district prosecutor in Tula had filed 33 writs against ISPs demanding restrictions on access to online casinos. The Tsentralnyi district court ordered the ISPs to comply.
Pyramid-scheme sites banned in Yamal-Nenets
On 1 March the Yamal-Nenets autonomous district prosecutor reported that the Gubkinskiy city prosecutor had identified pyramid-scheme advertising on 18 websites and that Gubkinskiy city court had accepted the prosecutor’s demand that the ISP Pursatkom restrict access to the sites.
Chita court order ISP to block pyramid schemes
On 19 February it was reported that the central district court of Chita had granted a prosecutor’s request to order the local branch of the ISP Rostelecom to restrict access to the sites of Sergei Mavrodi, the creator of pyramid schemes. The decision has not yet entered into force.
Samara bars gambling ads
On 19 February it was reported that the Neftegorsk interdistrict prosecutor in the Samara region had identified 10 sites that provided information about a pyramid scheme. The Leninskii district court of Samara accepted the prosecutor’s demand that the ISP Rostelecom limit access to these sites. The court’s decisions have not yet entered into force.
Casino sites blocked in Kaliningrad
On 20 February it was announced that the Moscovskii district prosecutor in Kaliningrad had identified two gambling websites. The ISP TIS-Dialogue agreed voluntarily to its demand that it limit access to these sites.
Computer club told to clamp down
On 21 February it was reported that Kurganinskii district prosecutor in Krasnodar had found a pyramid-scheme website to be accessible via a computer club. The prosecutor’s demands that the owner of the club restrict access were accepted by the district court.
Surgut blocks pyramid sites
On 12 February it was reported that the Surgut city prosecutor had successfully moved to restrict access to pyramid-scheme websites.
Online casinos blocked in Samara
On 13 February the Leninskii district court in Samara accepted nine demands from the Chapaevsk prosecutor for restrictions on access to online casinos. The decisions of the court have not yet entered into force.
Tula orders online casino ban
On 15 February it was reported that the Sovetskii district court of Tula had accepted prosecutors’ demands that ISPs Altair Tula, MTS, and ER-Telecom Holding block access to gambling websites.
Casinos blocked in Komi Republic
On 14 February it was reported that the Ukhta city prosecutor had been given court approval for its demand that the ISP GSP restrict access to nine gambling websites.
Drugs
Samara court blocks drug promotion
On 20 February it was announced that the Oktiabrskii district prosecutor in Samara had filed 70 writs demanding restrictions on access to websites promoting illegal drugs. Of these, 43 have been accepted by the local court and the rest are pending. Previously, on 5 February, the Kirov district prosecutor on Samara had successfully demanded restrictions on access to seven sites promoting drugs.
Cannabis sites blocked in Voronezh
On 13 February the Voronezh ISP Votek Mobile was ordered by a district court to limit access to the online cannabis seed distributor Semyanych, kacheli.my1.ru and ganzhaman.tut.by. Votek Mobile closed access to these sites.
And the rest
Move on fake diplomas site
On 8 February the Zhigulevsk city court in Samara backed the city prosecutor’s demand for restrictions on access to a website offering fake diplomas from various educational institutions. The court’s decision has not yet come into force.
Chechnya ban on Islamist TV channel
On 12 February the Leninskii district court of Grozny declared the internet TV channel Imam TV extremist. The site carries Musa Yandyrhanov’s video Napominaniie (Reminder) and talks by other members of illegal armed groups. The court said these materials promoted terrorism, contained incitement to violence against government representatives and incited hatred on religious grounds.
Block on sites giving bribery tips
On 12 February the Bashkortostan republic prosecutor announced that Sharanskii district prosecutor had identified several websites containing tips on giving bribes. The ISP Bashinformsvyaz was made to restrict access to these sites.
User group banned in St Petersburg
On 15 February it was reported that the Centralnyi district prosecutor in St Petersburg had ordered the social network VKontakte to block the user group Childfree. The prosecutor found that the group’s posts contained material violating the rights of minors. The VKontakte administration blocked the user group and deleted all its posts and blocked one user’s account.
ISP sued for posting bribery tips
On 4 February the Nefteyugansk interdistrict prosecutor identified sites containing bribery tips and filed a writ against the ISP Elektrosviazi demanding that it restrict access to these sites.
Orel blocks bribery sites
On 7 February it was reported that the Orel city prosecutor had identified several websites with tips on bribery and had been granted its demand for restrictions on access to the sites.
Post by designer added to banned list
On 5 February the popular designer Artemy Lebedev reported that the ISP Roskomnadzor had added his blog post containing an animated movie, Dumb Ways to Die, to the Register of Banned Sites. Roskomnadzor interpreted the video — a public service announcement by Metro Trains Melbourne in Australia — as promoting suicide.
Brazil’s constitution protects free speech, but antiquated local laws often threaten this fundamental right in digital spaces.
The latest statistics from Google’s Transparency Report show that Brazil issues the third most court orders for content removal behind the US and Germany. Recent cases, including the arrest of a Google executive for refusing to take down a video from YouTube, highlight the growing need for reform.
The Marco Civil da Internet, a draft bill that’s been in the works for several years, aims to guarantee greater freedom of expression, net neutrality, and the protection of private user data online in Brazil. I recently spoke with Alessandro Molon, a congressman from Brazil’s centre-left Workers’ Party and the bill’s rapporteur, about what many are calling the first Internet Bill of Rights.
The Marco Civil draft bill will be Brazil’s first Internet Bill of Rights — but its progress has slowed significantly
The idea of a Brazilian regulatory framework for internet civil rights first emerged in 2007 when civil society began urging lawmakers to stop prioritising cybercrime over civil rights online. The Ministry of Justice, NGOs and academics joined forces in 2009 to launch the Marco Civil draft bill initiative as a piece of crowdsourced collaborative legislation. Thousands of people have since participated in public consultations online to help shape the bill’s direction.
The word “marco” in Portuguese means framework. “Marco Civil is about the rights of people online, but it should also be seen as a framework for the legislative process,” Molon says. “I think the way it was drafted has shown Brazilian lawmakers that civil society input can create stronger legislation. It’s a medicine to heal the distance between representatives and those they represent, which is a big problem in our democracies today.”
In addition to specific provisions around net neutrality and privacy, Marco Civil addresses basic internet access as fundamental for the advancement of freedom of expression and other civil rights. Only 40 per cent of Brazilians use the internet, meaning more than 100 million still lack access in the country.
Molon sees Marco Civil as an important step in guaranteeing a free, open, democratic and decentralised internet. He also see its collaborative genesis as a legislative model that should be replicated in countries around the world.
Bringing everyone to the table is certainly democratic, but it can also be slow. After nearly coming to vote four times in the Chamber of Deputies, Brazil’s lower house, the bill has been pulled from the docket each time for a variety of reasons including lack of quorum, consent and support.
Marco Civil has also been slowed by private companies interested in strengthening copyright laws and those with business models dependent on user data lobbying for amendments. These efforts mirror the corporate influence that nearly pushed SOPA and PIPA into law in the US and that are stalling the EU’s proposed new data protection regulations.
Voting on Marco Civil was most recently postponed in November after two amendments introduced troubling provisions around net neutrality and copyright infringement. Without adequate safe harbour provisions, which protect internet companies from being held liable for their users’ actions, companies often restrict more content than legally required to stay safely within the confines of the law, thus chilling free speech.
The same day the bill was recently derailed, Brazil approved two cybercrime bills.
“That was a civil society defeat,” Molon said. “We wanted Marco Civil to be the first Brazilian law about the internet. Unfortunately, it’s easier to decide what should be seen as a crime than to guarantee the rights of citizens, but that has to change.”
The new cybercrime laws revise Brazil’s Penal Code, criminalising the use and distribution of security circumvention software in some cases. The controversial Azeredo bill, which Molon says “almost criminalised everything on the internet”, was watered down through legislative changes and presidential vetoes, making it less threatening to freedom of expression than originally intended.
Another blow for Marco Civil came in December when Brazil joined Russia and China in signing on to new regulations at the World Conference on International Telecommunications (WCIT) in Dubai. Opponents of the new regulations worry provisions around spam and security will be used to restrict internet access and freedom of expression online when they come into effect in 2015.
Molon was opposed to the new regulations and says he worked hard to pass Marco Civil before the Dubai summit so that Brazil would have a clear position at the conference. “I regret that we didn’t have this in Dubai. It shows how urgent passing March Civil will be, giving Brazil a much more pioneering position in internet legislation and regulation in the world.”
Molon suggests that global conversation around Marco Civil is helping the country achieve a leading role in internet governance and free expression even though the bill is not yet law. “Because of the kind of legislation we are discussing on the internet, Brazil is occupying a more important role in the world nowadays. This shows our aspirations, which must be confirmed by turning the bill into law.”
Molon is optimistic Marco Civil will finally come to vote in the Chamber of Deputies before July and be approved into law by the end of 2013. If the bill is to guarantee online freedom of expression,which is its most central aim, then recent amendments around net neutrality and intermediary liability must be revised. Backlash to such revisions are likely to stretch the bill through another year of deliberations if Marco Civil is to become the first Internet Bill of Rights and a positive legislative model for other countries.
