Poverty and freedom of expression: How the poor are being silenced

Poverty can restrict your access to basic human rights. This is neither a controversial nor revolutionary statement — it is clear that access to food and shelter is diminished by poverty. But poverty also blocks the less tangible rights many of us nonetheless take for granted, among them, the right to freedom of expression.

Poverty can be a very powerful barrier to accessing the abilities and tools to communicate your interests, ideas and needs, and as such, your rights to fully participate in society. This lack of access to freedom of expression manifests itself in a number of different areas, including in education, online and in the arts.

Poverty remains the biggest block to access to education, with young people from the poorest households globally being three times as likely to be out of school compared to the richest households. Direct costs connected to education, such as tuition fees, school materials, uniforms and transportation can constitute huge barriers to education. In addition to this, many poor people live in rural areas with fewer schools. For poor families there can also be significant opportunity costs connected to sending children to school rather than work. Among other things, this explains the higher levels of illiteracy among the poor globally. The damaging effect illiteracy has on your ability to express yourself, and subsequently fully participate in civil society, cannot be overstated.  If you can’t read newspapers, write to your politicians or even fill out the necessary paperwork to apply for national identification documents to vote, your voice is severely limited.  This is without even considering the many costs connected to the above.

But poverty doesn’t only block participation offline. The internet, mobile phones and other modern communication tools provide some of the biggest potential platforms to freedom of expression. New technology can be used to take part in debates, organise large-scale campaigns, monitor elections and hold those in power to account. However, the gap between rich and poor in this sector is big enough to warrant its own term — the digital divide. While developed states can boast 71.6 internet users per 100 inhabitants, the corresponding figure for developing states is only 21.1. On the African continent it drops 9.6/100. This phenomenon also exists within states, along gender, geographical social, and significantly, financial lines. The latest figures from the UK show that 15 per cent of the population has never used the Internet. Of those, 15 per cent cite equipment costs as a reason; while 14 per cent cite access costs. Tellingly, 5.7 per cent of those earning less than £200 per week had never used the internet, while the corresponding figures for those earning £600 and above is less than 1 per cent.

Less has been said about access to artistic freedom of expression among poor people in development terms. However, the Millennium Development Goal Achievement Fund has recognised access to culture and arts as a significant factor in combating poverty. A study by the European Commission also concluded that cultural activities can be instrumental in helping people overcome poverty and social exclusion, through “building skills and self-confidence” and “enhancing self-esteem and identity”. The same study stated the groups like the long-term unemployed and poor families are often excluded from access to and participation in arts and cultural activities. Barriers include basic costs, as well as the daily struggle of surviving leaving little spare time to participate in cultural activities.

This example cuts to the core of the problem. As explained above, poverty often means that you generally have fewer channels through which to communicate your interests on international, national or even local levels. While lack of freedom of expression is a violation of human rights in itself, this inability to raise your voice and speak for yourself can have devastating spill-over effects. As the UN Communication for Development UN Communication for Development  panel pointed out in 2004, “challenges of poverty alleviation (…) must be designed and implemented with active participation of the communities in question”. How can the programmes meant to help the poor hope to effectively do that, if the poor themselves do not have a say in them? The lack of participation in policies that affect them and their communities means poor people are made vulnerable to misguided policy-making misguided policy-making . Or, as the UN High Commissioner for Human Rights  put it in a recent statement: “Lack of participation in decision-making is thus a defining feature and cause of poverty, rather than just its consequence.” The outcome is that the people with potentially the most to gain from freedom of expression are the ones who lack the access to it.

The idea that freedom of expression can help lift people out of poverty is has been recognised in development circles for decades, often masked in less politically charged development jargon like “voice”, “empowerment” and “participation”. But action based on this idea has left much to be desired.  The Millennium Development Goals, widely recognised as the biggest global push to eradicate poverty, have thus far put very little focus on freedom of expression. The term isn’t included once in the MDG progress reports from 2005 to 2012.

However, there are reasons to be cautiously positive about recent progress on the matter. In 2012, the UN appointed a high-level panel to determine a new development agenda to take over from the MDGs when they “run out” in 2015. A number of actors involved in this process have signalled they would like an increased focus on human rights human rights, among other things calling for media freedom to be included in the agenda. The Institute of Development Studies also recently launched their Participate project which aims to “put cameras in the hands of the poor”, to have their own stories be part of the post-2015 development agenda. DFID, USAID and the Swedish government are launching Making All Voices Count, a project to help the global poor access new technology to help them participate in society and the political process.  These are important steps, but the momentum must be maintained.

The big issues for Indian web users

Some of India’s most prominant internet writers, researchers and policy analysts came together in Bangalore on 9 April to discuss “Strengthening Freedom of Expression on the Internet in India”, organised by the Internet Democracy Project.

The subject has been intermittently making headlines in India, with a number of politically motivated arrests made under the Information Technology Act’s controversial Section 66a. Causing more confusion, in 2011, the Minister for Communications & Information Technology, Kapil Sibal, made headlines by asking social media intermediaries to take down “objectionable” content.

At the time, the content in question seemed to be mainly objectionable to to the government itself. The content in question seemed to be mainly objectionable to the government alone.

This caused a huge public uproar, and since then Sibal has exercised more caution, though still maintaining that “the country must have an enabling framework — rules and regulations must not come in the way of the growth of the net.”

As well as Index on Censorship, the roundtable in Bangalore brought together a number of actors, including analysts from social media giants Facebook and Google, as well as Change.org, Wikimedia India Foundation, Medianama, Digital Empowerment Foundation, Open Governance India, Knowledge Commons, Alternative Law Forum, Center for Internet and Society, Tactical Tech, researchers from IIM Bangalore and Aziz Premji University. Journalists from The Hindu, Hindustan Times, DNA and smaller media organisations like Oorvani Media, Mahiti and The Alternative also took part in the debate.

The overall discussion centered around a few key issues, the first being whether the law “protects” free speech as it stands today. Many of those present felt that while Section 66a of The Information Technology Act 2000, which protects against “annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will…” has been misused in the past, it needs to be examined from different angles, such as protecting women from online abuse.

While some writers have outright rejected this argument, the Internet Democracy Project released a draft paper on the subject. In it, they revealed that women think of the internet — social media — as “the street” where they can be taunted and abused in a similar manner to real life. In fact, drawing on the experiences of writer Meena Kandasamy and singer Chinmayi Sripada, who have faced violent abuse on social networks, the panel discussed ways to fend off misogyny that did not involve the law. These included using humour, blocking people, ignoring the comments, and even asking or waiting for others to come to your defence.

Interestingly, many women who were questioned for the study revealed that they prefer not to go to their families to report the abuse, for fear that they would be told to stop spending so much time online. The women and their families also said they had little confidence in going to the police with the same complaints.

This led the panel to discuss beyond the validity of the law — and question the role and capacity of the police in enforcing controversial measures like Section 66a. Some felt that 95 per cent of police on the front lines were not even aware of free speech issues, or the law in question, while others believed that police reforms are the way forward.

Some were unsure if they wanted the police to be tech savvy in the future, suggesting that it could lead to more arrests than there are today. It was agreed that there needs to be more research on the law as it functions today, to understand the crucial role the police will play in upholding it, particularly regarding the role the judiciary currently plays.

The question of defamation was also raised, with some panelists believing that there needs to be a distinction between those who have a small number of followers versus those who have a large following. Can the punishment be the same, if the effect of their status update or tweet is not?

Other discussions assessed challenges to freedom of speech at state level rather than national level and whether or not the mainstream media is forcefully supportive of free speech on the internet. The panelists debated the issue of anonyminity, and whether it is the cause or the solution to some of the free speech issues we see today.

An issue was raised surrounding how internet users are not a core constituency for the government right now; a fact reflected in the budget of the Ministry of Information and Technology, which chooses to focus areas such as computer hardware.

Another question circulating the room was whether strict laws such as Section 66a were designed with the intention to shape the internet a certain way, so that future users simply fall into line. The government’s perspective on the internet’s purposes was also explored, examining whether the National Broadband Network, currently being laid out to connect rural India, was viewed simply as a delivery service platform or for two-way communication.

Two questions that prompted considerable debate were “what is the role — actual or desired — of non legal actors such as intermediaries, pressure groups; the public at large” and “what non-legal strategies can we develop to protect free speech and who should implement such strategies?”

Some suggestions were to try out a “naming and shaming” site or Tumblr account for hate speech, although there were doubts as to how effective it would be. Other panelists advised that intermediaries could reveal more data that could save the government from taking drastic measures — for example, if a certain video was not being heavily viewed from within India, then the government would not feel the need to censor/block a website as it does now.

It was clear that civil society members and even the intermediaries are grappling with the same questions as the government. While a section of Indian society is firmly opposed to laws like Section 66a, there are discussion platforms to help understand how to operate within the constraints of the law.

Brazilian football club director held before trial for journalist’s killing

A judge from the Brazilian State of Goiás has ruled that a football club director allegedly linked to the killing of a sports journalist must remain in prison while he awaits trial.

Radio presenter Valério Luiz de Oliveira was gunned down at the front door of 820 AM radio station in the state capital Goiânia on 5 July 2012.

Businessman Maurício Borges Sampaio, who acted as Atlético Clube Goianiense’s vice-president up to 10 days before Oliveira’s murder, was arrested in February this year accused of having ordered the killing. He denies having any link to the crime.

Days before being killed, Oliveira went on air to strongly denounce Atlético’s management for the team, after poor results on the pitch led to the club’s relegation to the second tier of the Brazilian league later that year .

Among other statements, the presenter compared Atlético’s directors to “rats” that abandon a ship before it sinks .

In a testimony given to the Police, Sampaio admitted signing a document that barred Oliveira’s radio staff from the club’s premises. The former director also claimed the radio presenter had already being banned from Goiás and Vila Nova, two other football clubs in Goiânia.

Three other people accused of acting in the journalist’s killing are also being held in prison.