28 Aug 2013 | China, News and features
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Bo Xilai, the ousted former Chinese politician, continues to capture headlines even as Chinese authorities begin a highly concerted campaign to stifle online expression, Vincent Chao reports.
The trial of Bo Xilai, the once promising leader of China’s most populous city, ended on Monday with revelations about murder, corruption and torrid details of a love-triangle – offering the public a rare glimpse into the lives of China’s richest and most powerful politicians.
But outside the spotlight, authorities have directed an increasingly hostile campaign to limit free expression, especially online. Over the past few weeks, a growing number of journalists, bloggers and activists have been arrested or detained on vague and obscure charges. And last week, an official forum warned of new limits to what internet users should and should not say on social media.
Crackdowns on free press are not uncommon in China. Setting the latest actions apart is the concerted action to stifle online ‘opinion leaders’, whose posts are widely shared and distributed on Weibo – the Chinese equivalent of Twitter. The actions follow increasingly sophisticated censorship strategies ensured to block access to information on either government corruption or calls for collective action.
Liu Hu, a reporter for the Guangzhou-based New Express, is the latest individual to be detained, after he openly accused a senior government official of negligence in an online posting. In the widely shared report published last month, he quoted various sources to call for an investigation as to whether Ma Zhengchi, a former Chongqing vice mayor, deliberately undersold a publicly-run enterprise costing the state up to £2.6 million.
Interrogated in his home on Friday before his detention, Beijing police have since accused him of ‘fabricating false rumors’ which his lawyer denies.
Meanwhile, Charles Xue, a billionaire investor known for his 12 million Weibo followers, was also detained by police on Friday on charges of soliciting a prostitute. Commonly known by his alias, Xue Manzi, the naturalized US citizen routinely posted popular reform-minded content as well as commenting on other issues such as air quality and food safety, which was then widely shared.
His detention has triggered questions of whether the charges are politically motivated, given that Chinese authorities have used similar tactics to discredit commentators that fail to toe the official line in the past. In a post that was later erased, Hu Xijin, the editor of the state-run Global Times said: ‘Cannot rule out the possibility that authorities are arresting Xue Manzi with a prostitute to give him a hard time.’
The latest attempts to silence online expression appear to stem from China’s secretive Document No. 9, a copy of which the New York Times acquired earlier this month. Issued by the central party office, and believed to reflect the views of newly instated President Xi Jinping, the memo directed local party groups to suppress ideas of ‘western-inspired’ notions of media independence and civic participation, ostensibly in attempt to solidify the party’s grip on power.
It claimed that dissidents ‘have stirred up trouble about disclosing officials’ assets, using the Internet to fight corruption, media controls and other sensitive topics, to provoke discontent with the party and government.’
Since the release of the document in April, authorities have stepped up online controls by using a combination of hard and soft pressure against popular bloggers – the tiny minority of Weibo users believed to be responsible for the creation of more than 80 percent of original content. Invited to last week’s forum, several popular bloggers were reminded that posts must ‘uphold the socialist system’ and ‘guard the national interest.’
Such ideas have naturally attracted detractors, especially amongst China’s new and growing class of intellectuals eager to push the boundaries of government regulation. But those calls are becoming fewer and further between, especially in recent weeks.
Charges were laid earlier this month against Zhou Lubao, an activist famously known for exposing the lavish lifestyle enjoyed by a mayor of a provincial city, which included a £21,000 watch. Having went on to analyze the watches of other prominent officials, Zhou’s Weibo account has since been deactivated amid police accusations that he ‘extorted money’ from the subjects of his disclosures.
In addition, two other prominent bloggers have also since been detained for ‘spreading false rumors’ online.
The hardline approach against online expression comes amid some disappointment by earlier supporters of Xi, who was initially believed to be a supporter of gradual social and political reform. But it could also represent efforts to manage commentary as Xi consolidates power following Beijing’s once-a-decade leadership change and the Bo Xilai affair, its biggest political scandal in decades.
What’s more clear is that authorities are gaining a clearer definition of what the internet, now accessed by almost 600 million Chinese users, should – and should not – be used for. Both the high-profile detentions of Hu and Xue, announced by police on Weibo, appear to be designed to send a message that whistleblowing and political discussion have no place online, despite state-run media being initially supportive of such efforts.
A state-run People’s Daily editorial, for example, on Monday remarked that it wanted the internet to become a more ‘orderly’ place, where users were held ‘responsible for their remarks.’ The Global Times added that ‘the internet needs moral regulations’ with authorities handling prior cases ‘too softly, which has allowed rumor mongering to spiral out of control.’
These details come despite their own efforts by Chinese authorities to expand their use of social media as a medium of communication, as seen during the Bo Xilai trial.
For a major corruption case, the media frenzy was near unprecedented. Even official media, typically silent on major corruption cases, have lauded the ‘open and transparent’ trial, reported hour by hour on an official Weibo account, which it claims symbolizes more public scrutiny and an important guarantee of a fair trial.
This article was originally published on 28 Aug, 2013 at indexoncensorship.org
27 Aug 2013 | Index Reports, Mexico, News and features
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Mexico was transformed in 2000, when the National Action Party, PAN, was elected to power, ending a 70 year control by the Institutionally Revolutionary Party, PRI.
During the PRI years, self censorship was rampant in the country, as the government imposed a heavy handed control of the national media. PAN candidates ruled for the next 12 years, from 2000 to 2012. But the PRI returned to power last December, due to electorate fatigue with former President Felipe Calderon’s war on drugs.
The country has faced increasing challenges from organized crime gangs that were targeted during the Calderon government and it has had serious impacts on press freedoms in the Mexican provinces, where most media recoiled from reporting on organized crime-related violence.
In the move to control organized crime groups, the Mexican government has increased its surveillance capacity. It has also engaged in human rights violations, which according to international organizations, such as Human Rights Watch, have only exacerbated the security situation.
There is little media regulation and zero artistic censorship. But in the name of protecting the state from organized crime, the government has introduced various edicts and laws that could affect the rights of citizens.
In March 2012, the Mexican Congress approved new legislation that gave police more access to online information. Also between 2011 and 2012, the Secretariat of National Defense, which controls the Mexican Armed Forces, purchased advanced domestic surveillance equipment. The new equipment includes mobile phone and online communications software that can be openly used to monitor Mexican citizens.
In 2012, the government of the State of Veracruz introduced a public nuisance law that sends to jail any social media member who uses Twitter or Facebook to warn fellow citizens about violence. The law was set in place because two Twitter users warned state residents of shootouts that turned out to be false alarms, but had the city of Veracruz traumatized by the alleged reports. The problem remains that bloggers, and social media users have become alternative sources of information because the traditional media in at least half of the territory of Mexico are afraid of reporting on drug related violence.
Drug traffickers also retaliated against social media users. They killed at least two bloggers in the northern state of Taumalipas and also two Twitter users, whose bodies were never identified and were found hanging from a bridge overpass. Two websites that made a name for themselves by running stories and reports on drug trafficking activities around the country were forced to shut down because of direct attacks.
Twitter, Facebook and YouTube have been extremely useful sources of information in Mexico. Abuses of authority against indigenous people or by children of the powerful and well-connected have been exposed in videos that turn viral in the web and have helped to right wrongs that would have gone unnoticed otherwise.
Several laws have been passed that are supposed to help people affected by the war on drugs. There is a General Victims law that was approved by Congress by which is still not implemented. Similarly, Congress approved a federal protection mechanism for human rights defenders and journalists, but the law has been criticized by freedom of the press organizations, as having few resources and focus.
Mexico declared federal defamation laws illegal in 2007, however, about a dozen states still have those on the books. At the federal level, a person can still sue an author for moral damage. At least two critical book writers, who have written books accusing government officials of corruption, have been hit with lawsuits in the last two years.
Media ownership remains potent in Mexico. Several dozen national newspapers are published daily, and many more digital news outlets have opened in the last two years.
What was not opened until June 2013 was broadcast media. Only two news outlets were for long able to transmit television signals nationally through open television channels. They were Televisa and Television Azteca, which are owned by two of Mexico’s wealthiest citizens. However, with a new Telecommunications law that was approved by Congress in June 2013, Mexico will be able to have two more open signal channels. Another wealthy Mexican, Carlos Slim, who owns an internet-based television network called Uno Noticias will probably benefit from the new law. The new legislation will also promote the installation of a broadband Internet network nationwide.
There are 41 million Mexicans who use the internet, according to the Mexican Association of Internet. The states with the highest number of internet users are in Mexico City, State of Mexico and State of Jalisco. The average daily use of the web ranges from four hours to nine minutes. More than 90 percent of all Mexicans using the internet also use social media.
Artistic Freedom
Artists have enjoyed unprecedented freedom to be creative in Mexico. The only problem lies with the commercial theatre network, which tends to not keep Mexican made movies long enough in exhibition. One movie that is critical of the legal system in Mexico City and the tradition by local police of grabbing innocent people and accusing them of murder and other crimes, Presumed Guilty, has faced serious challenges because of what appears to be an alleged concerted campaign by a Mexico City legal group that has stopped the film from showing in the country because of multiple lawsuits brought on by people who are shown on the film, and who never signed an agreement to appear in the movie.
This article was originally published on 27 Aug, 2013 at indexoncensorship.org
23 Aug 2013 | Digital Freedom, Index Reports, Politics and Society, Religion and Culture, United Kingdom
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Though it has a reasonably good freedom of expression environment, the United Kingdom is wrestling with the fallout from mass surveillance leaks, press regulation, web filtering and social media guidelines. With an unwritten constitution, the right to freedom of expression comes from the practice of the common law, alongside the UK’s accession to international human rights instruments.
There have been positive developments in the UK on free speech in the last year with reform to defamation law and reform of section 5 of the Public Order Act.
The law of libel has been reformed by the Defamation Act which received Royal Assent on 25 May 2013. The reformed law, when enacted will restrict “libel tourism”, bring in a hurdle to prevent vexatious claims, update the provisions on internet publication, force corporations to prove financial loss and introduce a reasonable public interest defence. This reform will strengthen freedom of expression protections for academics, journalists and bloggers, scientists and NGOs.
Free speech is also enhanced by the United Kingdom’s strong Freedom of Information laws. Information requests are on the whole free with over 90% of requests receiving a response on time.
The recent Justice and Security Act can be used to exclude the media from hearings to consider whether a secret evidence procedure is to be used. This may cover cases where claimants have been subject to extra-judicial detention, torture and extraordinary rendition, affecting the media’s ability to perform its watchdog function.
The UK has tough state secrecy legislation. The public interest defence in the Official Secrets Act was removed in 1989 and has not been replaced.
While the freedom to protest is well-established, the use of “kettling” to deter protestors and the prosecution of “offensive” protest including the burning of military symbols and homophobic street preaching is of concern. Scotland’s recent anti-sectarian laws have criminalised “offensive” speech at football matches.
Media freedom
The publication of mass surveillance revelations by The Guardian’s Glenn Greenwald has had reverberations around the world. The UK government has moved toward confrontation with the news organisation by forcing the destruction of hard drives that contained documents leaked by former NSA contractor Edward Snowden. The recent developments around the detention of David Miranda and the seizure of material he was carrying under Section 7 of the Terrorism Act has raised concerns over press freedom.
The UK fares well internationally for media plurality with 23 independent national newspapers, as well as several hundred regional and local papers. The main TV stations are all available with every station provider. While Index believes there is strong media plurality in the UK at present, the legal framework may not be sufficient to ensure plurality in the future, as demonstrated by News Corporation’s attempted takeover of BskyB.
The phone hacking scandal exposed criminality in the British media, yet the response to the scandal has imperilled media freedom. The creation of a Royal Charter drawn up by the three main political parties to create a media regulator warranted the first government interference into the process of press regulation since 1695. Considerable confusion remains since no newspaper has agreed to be part of the new regulator. This leaves the possibility of independent regulation in the near-future.
Digital freedom
The UK upholds online freedom in comparison with other comparable democracies, but there are worrying trends on the criminalisation of social media, mass surveillance and proposals to introduce web filters.
The Regulation of Investigatory Powers Act 2000 increased the powers of the police to intercept communications. In 2012, the government attempted to extend this surveillance with its draft Communications Data Bill. The Bill would have made the surveillance and storage of UK citizens’ communications data the norm allowing an intrusion into the privacy of British citizens that would have chilled free expression. The Bill was dropped after a parliamentary committee criticised the scope of the legislation, but the Home Secretary has indicated she would like to bring forward a similar law.
Revelations of cooperative relationships between the United State’s National Security Agency and the UK’s Government Communications Headquarters as part of the mass surveillance programmes has raised serious concerns around digital freedom of expression. At the same time it is surveilling citizens’s online communications, the country is in the initial stages of possibly instituting opt-out web filters to block pornography with a consultation set to begin on 27 Aug.
The framework for copyright also has the ability to impede freedom of expression. The Digital Economy Act contains provisions allowing the government to order internet service providers (ISPs) to block websites and suspend accounts for customers accused of downloading copyrighted material.
The UK has high levels of take-up of social media and internet access. However, access is still not universal with exclusion from the internet for marginalised individuals a barrier to free speech. The recently launched Web Index report shows that the UK leads in the use of online citizen e-petitioning.
The police and executive bodies make a significant number of takedown requests to remove content according to Google’s transparency reports.
There have been an increasing number of arrests and prosecutions for ‘offensive’ comments on social media after public complaints. The Crown Prosecution Service has produced guidelines to limit the number of arrests and prosecutions. The legal framework has also been reformed with Section 5 of the Public Order Act no longer criminalising insulting behaviour or content. However, restrictive laws still apply with Section 127 of the Communications Act criminalising “grossly offensive” comments.
Artistic freedom
The UK continues to produce challenging art in a free environment for artistic freedom of expression but a chill remains around social, religious and cultural pressures on the arts and inconsistent policing of art deemed to be offensive.
A lack of guidance on the policing of culture has on occasion created significant problems for artistic freedom of expression. Large demonstrations outside performances of Gurpreet Kaur Bhatti’s play Behzti led to the play being closed down after guidance from the police. Her play about this situation, Behud – Beyond Belief was treated as a potential threat to public order with the police in Coventry asking for a fee of £10,000 per night. Policing can also be arbitrary. In 2012, a police officer told a Mayfair art gallery to remove a photo-montaged image of ancient myth Leda and the Swan from its window, despite the fact no one had complained.
While direct censorship of the Arts remains uncommon, self-censorship by artists is more routine. Artists self-censor for a number of reasons including fear of causing controversy or offence combined with special interest group campaigns that put pressure on artists to censor, financial pressures with artistic institutions not wanting to court controversy, cultural diversity policies that may encourage self-censorship and a habit of risk aversion that leads cultural institutions to focus on worst case scenarios of what might happen when taking artistic risks.
This article was originally published on 23 Aug, 2013 at indexoncensorship.org.
22 Aug 2013 | Digital Freedom, Index Reports, News and features, Politics and Society, Religion and Culture, United States
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Freedom of expression is generally protected in the US, but political, legal, economic and cultural factors continue to constrain this fundamental right. The First Amendment of the US Constitution prohibits laws that abridge free speech, academic freedoms and the right to assemble are generally protected, and violence against journalists is rare.
National security is used excessively to justify free speech and privacy restrictions.
Revelations over the National Security Agency’s “Prism” programme, which it is claimed gives the US government powers of mass surveillance over web communications, have caused huge concern over the authorities’ attitudes to free speech and privacy.
Government transparency and accountability are also key concerns. The 1966 Freedom of Information Act and various state laws are meant to shine light on classified government documents, but many agencies do not comply with these laws or do so significantly later than mandated and with heavily redacted information. The aggressive prosecution and sentencing of WikiLeaks source Bradley Manning and the pursuit of Edward Snowden highlights the Obama administration’s attitude to whistleblowers.
Beyond security and secrecy, some of the greatest challenges to freedom of expression are linked to rapid shifts in technology and online behaviour so that is for digital section. Money is also key. The Citizens United v. Federal Election Commission Supreme Court case in 2010 extended first amendment rights to corporations and unions, threatening the free speech rights of individuals by diminishing the power of their voices to compete with billion-dollar industries. Although US libel laws generally protect the public interest — public figures must prove actual malice rather than mere negligence to win a suit — “Strategic lawsuits against public participation” (SLAPPs) sometimes silence criticism, as libel actions in the US remain expensive.
Despite these concerns, the state of free expression in the US is generally healthy.
Media Freedom
The US enjoys a free and diverse press, although aggressive political partisanship, the consolidation of media ownership and other financial troubles have threatened this freedom as traditional institutions struggle to stay afloat and adapt to an increasingly digital media landscape. Local and national newsrooms have shrunk, and reporters are overstretched , diminishing the quality of American journalism.
Laws against obscenity, indecency and profanity set out and enforced by the Federal Communications Commission (FCC) restrict what content can appear on free-to-air broadcasting.
Most states have shield laws that protect journalists from revealing their sources, and the Obama administration is proposing a federal shield law, But the government’s prosecution of whistleblowers has raised real concern. The accessing of Associated Press reporters’ phone records in pursuit of leaks has also been a source of alarm.
The Obama administration has been criticised for its aggressive pursuit of whistleblowers and journalists and demands for source information in cases of government secrecy. While the president did sign a Whistleblower Protection Enhancement Act into law in late 2012, the behaviour of the authorities when confronted with leaks has been heavy handed.
Meanwhile, physical attacks by police against journalists and bloggers covering the Occupy movements hurt the US’ ranking in several press freedom indices in 2012.
Digital Freedom
About 75 percent of the population is online, but affordable high-speed broadband remains elusive. Copyright legislation and surveillance currently represent some of the greatest threats to digital freedom of expression.
The latest Google Transparency report shows that the US requests more user data than any other country and issues the second most court orders for content removal behind Brazil. The 1998 Digital Millennium Copyright Act (DMCA) criminalises the circumvention of copyright controls online without regard for how users intend to use the tools. The Stop Online Piracy Act (SOPA) and PROTECT IP Act (PIPA) were shelved in 2012 following highly publicised website blackout campaigns by internet activists and web companies, but intellectual property rights remain a concern with secret negotiations around the Trans-Pacific Partnership trade agreement on-going. Efforts are also underway to reform the 1986 Electronic Communications and Privacy Act (ECPA), which allows the government to access private emails older than 180 days without warrant.
PATRIOT Act provisions and the fact that US telecommunications companies comply with millions of government requests for user data have given Americans cause to self censor their electronic communications. The Cyber Intelligence Sharing and Protection Act (CISPA)[1], which passed through the House of Representatives twice but stalled in the Senate, would have compounded the threat of self censorship by granting companies greater immunity to share private user data with secretive government agencies. In June, it was revealed that the government has been secretly collecting the call records of Verizon customers under the PATRIOT Act and that the National Security Agency can access the servers of Google, Facebook, Apple, Yahoo, Microsoft and others to monitor users’ video calls, search histories, live chats, and emails. Concern is also growing over how domestic drones used for surveillance will affect individuals’ privacy] and how American web companies are in a sense privatising censorship through terms of service that restrict freedom of expression.
Artistic Freedom
The First Amendment protects artistic freedom in the US, but fear of offence still motivates censorship and self-censorship. Nudity, pornography, obscenity and religious sensitivity are among the most common reasons visual art is censored from public space in the US. Censorship typically occurs at the gallery level where art is removed in response to controversy rather than through legal mandate. Donor funding can also dictate the type and content of art displayed. A US university removed a controversial climate change sculpture without warning in May 2012 when it upset a major donor from the energy industry. High sensitivity to political correctness and concerns about marketability sometimes lead artists to self-censor what they produce, and donor funding often dictates the type and content of art that is displayed. A growing trend of online crowdsourced funding for the arts is helping to overcome this barrier for specific projects.
Controversial books are still removed from or kept out of local public libraries across the country — in March 2013, for example, the Chicago public schools authority demanded the graphic novel Persepolis be removed from its classrooms — and music is regularly stripped of violent references and profanity at stores and on radio due to private decisions or Federal Communications Commission mandates.
Increasingly strict copyright laws keep much art out of the public domain despite relatively liberal fair use provisions. Due to copyright extensions, which now extend to 70 years after the creator’s death, many creative works originally due to enter the public domain this year will not do so until 2052.
This article was originally published on 22 Aug, 2013 at indexoncensorship.org[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Join the Index mailing list and get an exclusive gift” font_container=”tag:p|font_size:28|text_align:left” use_theme_fonts=”yes”][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_column_text]
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