Law Commission must safeguard freedom of expression

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Index on Censorship urges the Law Commission to safeguard freedom of expression as it moves towards the second phase of its review of abusive and offensive online communications.

The Law Commission published a report on the first phase of its review of criminal law in this area on 1 November 2018.

While Index welcomes the report’s recognition that current UK law lacks clarity and certainty, the review is addressing questions that impact directly on freedom of expression and the Law Commission should now proceed with great caution.

Safeguarding the fundamental right to freedom of expression should be a guiding principle for the the Law Commission’s next steps. Successive court rulings have confirmed that freedom of expression includes having and expressing views  that offend, shock or disturb. As Lord Justice Sir Stephen Sedley said in a 1999 ruling: “Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having”.

Foreign Secretary Jeremy Hunt also reaffirmed the UK’s commitment to the protection and promotion of freedom of expression this week, asserting the importance of a free media in particular as a cornerstone of democracy.

The next phase of the review should outline how the UK can show global leadership by setting an example for how to improve outdated legislation in a way that ensures freedom of expression, including speech that is contentious, unwelcome and provocative.

Index on Censorship chief executive Jodie Ginsberg said: “Index will be studying the Law Commission’s first phase report on its review of abusive and offensive online communications carefully. Future proposals could have a very negative impact on freedom of expression online and in other areas. Index urges the Law Commission to proceed with care.” [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1541149900786-b4d39f93-67a6-5″ taxonomies=”6534″][/vc_column][/vc_row]

Jodie Ginsberg: New laws not the way to tackle extremism

[vc_row][vc_column][vc_column_text]New laws to limit and surveil speech on and offline are not the way to tackle extremism. The terrorists who attacked Manchester and London want to undermine our democratic values — our response must not be to curtail those very freedoms.

Yet this is precisely what the heated rhetoric of UK Prime Minister Theresa May and others promises.

Like governments the world over, the UK has suggested that tighter controls over the internet specifically and speech more generally are the way to help prevent such attacks.  “We cannot allow this ideology the safe space it needs to breed – yet that is precisely what the internet, and the big companies that provide internet-based services provide,” May said on Sunday in the wake of the London Bridge attack.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”lg” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

We must be extremely wary of the broad brush approaches being hinted at by the government to crack down on extremism on the internet

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]Much focus has fallen on the role of the internet as a venue for recruiting violent extremists, fomenter of propaganda and dark space where terrorists can plan their attacks in secret. It is unsurprising, therefore, in the wake of the recent terror attacks that the UK government has sought to find solutions it believes will make us safer by targeting the internet in particular: politicians thrive on the idea that they should and must do more, that the answers to indiscriminate and horrendous violence lie in new laws, that fresh legislation is always the panacea.

We must be extremely wary of the broad brush approaches being hinted at by the government to crack down on extremism on the internet and we must push back hard against the narrative that says what is needed are more laws — laws that specifically strike at the liberties that are essential for democracy to flourish. Britain already has one of the most advanced systems to detect, prevent and punish terrorism in the world. There is no need for new, indiscriminate laws to punish and surveil speech.

The online “safe spaces” for terrorists to which Theresa May alluded in her speech on Sunday are also the spaces globally that allow activism, information sharing and ordinary political dissent to flourish. Proposed knee-jerk responses — like banning or bypassing encryption — threaten not just the channels used by criminals but those that allow us to conduct secure financial transactions, protect personal data and enable persecuted groups in authoritarian regimes to communicate safely.

If we want to tackle the ideologies that threaten our existence we need to start by protecting democratic values – not diminishing them.

About Index on Censorship

Index on Censorship is a UK-based freedom of expression charity that campaigns against censorship and promotes free expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. It also has published some of the greatest campaigning writers from Vaclav Havel to Elif Shafak. Index is part of the Defend Free Speech Campaign, which brings together people from all walks of life, to combat the threat to free speech from the UK government’s extremism disruption orders. Defend Free Speech seeks guarantees for freedom of expression and the right to debate.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1496671071463-fc51cf93-e4eb-3″ taxonomies=”11489″][/vc_column][/vc_row]

Why is the Universal Declaration of Human Rights important?

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A drawing by French cartoonist t0ad

Adopted and proclaimed on 10 December 1948 by the General Assembly of the United Nations, the Universal Declaration of Human Rights contains 30 articles that have been embedded in international treaties, national constitutions and other laws. The declaration is one of the cornerstones of the International Bill of Human Rights, which became law in 1976.

The full declaration sets out the basic rights all people should enjoy and expect from their governments and other governments. Though the declaration is often ignored, it represents the ideal that the world’s government should strive to meet.

Article 18 and Article 19 deal with freedom of thought and freedom of expression most directly, though other articles also reference these fundamental rights.

Article 18 of the Universal Declaration of Human Rights

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19 of the Universal Declaration of Human Rights

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Subscribe to the Index newsletters” font_container=”tag:h3|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]

Index on Censorship is a nonprofit that defends people’s freedom to express themselves without fear of harm or persecution. We fight censorship around the world.

To find out more about Index on Censorship and our work protecting free expression, join our mailing list to receive our weekly newsletter, monthly events email and periodic updates about our projects and campaigns. See a sample of what you can expect here.

Index on Censorship will not share, sell or transfer your personal information with third parties. You may may unsubscribe at any time. To learn more about how we process your personal information, read our privacy policy.

You will receive an email asking you to confirm your subscription to the weekly newsletter, monthly events roundup and periodic updates about our projects and campaigns.

[/vc_column_text][/vc_column][vc_column width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column][/vc_row][vc_row][vc_column][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”More information about freedom of expression” font_container=”tag:h2|font_size:26|text_align:left” use_theme_fonts=”yes”][vc_column_text]Why is free speech important? Freedom of expression is a fundamental human right. It reinforces all other human rights, allowing society to develop and progress. The ability to express our opinion and speak freely is essential to bring about change in society.

Why is access to freedom of expression important? All over the world today, both in developing and developed states, liberal democracies and less free societies, there are groups who struggle to gain full access to freedom of expression for a wide range of reasons including poverty, discrimination and cultural pressures. While attention is often, rightly, focused on the damaging impact discrimination or poverty can have on people’s lives, the impact such problems have on free expression is less rarely addressed.[/vc_column_text][/vc_column][/vc_row]

#IndexAwards2004: Mordechai Vanunu, Special Award

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Mordechai Vanunu

Mordechai Vanunu was granted Index on Censorship’s Special Award in 2004 for his work as a whistleblower on Israel’s nuclear programme. While working as a nuclear technician for the Israeli government in the 1980s he was sentenced to 18 years in prison for exposing their possession of nuclear weapons to the Sunday Times.

In April 2004 he was released and has since been fighting for his right to leave Israel – the foundational condition of Vanunu’s release from prison was a prohibition on leaving the country. In addition, he is prohibited from contacting embassies or having any interaction with foreigners that has not been pre-approved by Israeli officials. Shortly after his release he unsuccessfully applied for asylum in Norway, Ireland and Sweden. He has been rejected asylum status numerous times since it is not legally possible to apply for asylum in a country without physically being there. Essentially, so long as the prohibition on leaving Israel remains, he cannot meaningfully seek asylum.

Israel’s High Court has had a central role in determining Vanunu’s fate since 2004. In 2008 24 influential Norwegian lawyers signed the “Norwegian Lawyer’s Petition for Vanunu”. In September of the same year the eighth petition calling for Vanunu’s conditions to be lifted was rejected by the High Court. And less than 2 months ago Vanunu was convicted of violating the terms of his release by meeting with two US citizens in 2013 without permission from the authorities. He is to appear in court for sentencing this month.

This is only the latest struggle in the past 30 years of Vanunu’s life, after he first leaked photos of Isreali nuclear production plants to the Sunday Times in 1986. Vanunu’s struggle for freedom has not gone unnoticed by the world. He has been nominated for the Nobel Peace Prize every year since 1987. In 2010 the International League for Human Rights sent open letters to Benjamin Netanyahu seeking Vanunu’s free release. In 2015 Vanunu said that he had no desire nor even any means of spilling more secrets on Israel’s nuclear programme. He stated that he simply wants to join his wife, theology professor Kristin Joachimsen, in Norway. In the same year the Campaign for Nuclear Disarmament wrote to the Guardian calling for a vigil to be held outside of the Israeli Embassy in London in honour of Vanunu’s birthday.

However, there may be hope. In October 2015 Vanunu appealed the terms of his release to the Israeli Supreme Court, and in January this year he shared on Facebook that the Supreme Court would rule on his appeal in the coming month. On March 3, 2017, Vanunu wrote: “We are now waiting for the Supreme Court decision, it could be anytime soon. And it could be good or nothing, I am used to all this for 31 years, 1986-2017. Freedom must come.”

Fionnuala McRedmond is a member of Index on Censorship’s Youth Advisory Board. She graduated last June from the University of Cambridge with a degree in Classics. She is now studying for a MSc in Political Theory at the London School of Economics.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_single_image image=”85476″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2016/11/awards-2017/”][/vc_column][vc_column width=”1/2″][vc_column_text]

Index on Censorship Freedom of Expression Awards

Seventeen years of celebrating the courage and creativity of some of the world’s greatest journalists, artists, campaigners and digital activists

2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1492506170040-ab008603-fefe-8″ taxonomies=”2329, 180″][/vc_column][/vc_row]