“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.”

Greece: Concern over criminal charges against investigative reporters

The undersigned international media freedom and freedom of expression organisations today register their concern over the serious criminal charges levelled against two investigative journalists in Greece linked to their reporting on a major corruption scandal. Our organisations are following these two legal cases with utmost scrutiny given the obvious concerns they raise with regard to press freedom. Authorities must issue guarantees that the process is demonstrably independent and free of any political interference.

On 19 January, Kostas Vaxevanis, a veteran investigative journalist and publisher of the newspaper Documento, testified at the Special High Court on four criminal charges of conspiracy to abuse power through his newspaper’s reporting on the Novartis pharmaceutical scandal. Under the penal code, Vaxevanis faces five years of imprisonment if found guilty, with a maximum sentence of 20 years. His newspaper has condemned the criminal charges as a politically motivated attack aimed at silencing a media critic which unveiled the scandal.

Ioanna Papadakou, a former investigative journalist and television host, is set to appear before a court on 25 January on separate but similar charges of being part of a criminal organisation which conspired to fabricate news stories about the Novartis case and the so-called “Lagarde list”, including the alleged extortion of a businessman through critical coverage. Papadakou has rejected the case as “blatant violation of the rule of law”. A Greek MEP from the ruling party and the Board of Directors of the Panhellenic Federation of Journalists’ Union (POESY – PFJU) have both expressed concern about the prosecution of the journalists. Neither journalist has yet been formally indicted.

The summons of Vaxevanis and Papadakou to testify are part of a wider parliamentary investigation into allegations of political conspiracy and abuse of power involving Greek judge and politician Dimitris Papagelopoulos, a former deputy minister in the previous Syriza government. Papagelopoulos is accused of falsely incriminating political opponents through the Novartis pharmaceutical scandal. The probe, launched by the current New Democracy government, has in turn faced accusations of politicisation.

Our organisations are closely following this case. The criminal charges against Kostas Vaxevanis and Ioanna Papadakou are extremely serious and carry heavy prison sentences. The nature of the charges, their connection to investigative reporting on corruption, and the potential imprisonment of two journalists in an EU Member State, raise legitimate concerns regarding press freedom and demand utmost scrutiny. Until commenting further, we await more detailed information from the Special Investigator about the specificities of the charges against both journalists.

What is absolutely clear is that judicial authorities examining this matter must act with full regard for press freedom standards and the function of investigative journalism in democratic societies. Moreover, given the politicisation of the wider affair, it is essential that guarantees are in place to ensure that judicial authorities act with complete independence in this case. We will continue to closely monitor both cases and have submitted alerts to Mapping Media Freedom (MMF) and the Council of Europe’s platform for the safety and protection of journalists.

In the coming weeks, the Media Freedom Rapid Response (MFRR) is due to publish the findings of our recent online press freedom mission to Greece. Our organisations are already increasingly concerned about the challenging climate facing independent journalism in the country, including vexatious lawsuits against journalists. Greece is firmly in the spotlight in terms of threats to media freedom. We sincerely hope these cases will not become a matter of major international concern.

Signed:

European Federation of Journalists (EFJ) 

Free Press Unlimited (FPU)

International Press Institute (IPI)

Index on Censorship

OBC Transeuropa (OBCT)

Reporters Without Borders (RSF)

The Daphne Caruana Galizia Foundation

Hong Kong arrests series of journalists in large-scale assault on media freedom

Today’s raid on the offices of Hong Kong media outlet StandNews and the arrest of six individuals linked to it is a brutal crackdown on media freedom. Those arrested include current acting Chief Editor Patrick Lam, Deputy Editor Ronson Chan, pro-democracy activist and lawyer Margaret Ng, and activist and pop star Denise Ho.

The arrests come one day after Jimmy Lai, former owner of Apple Daily and six former Apple Daily journalists were hit with the new charges of “conspiracy to ‘print, publish, sell, offer for sale, distribute, display and/or reproduce seditious publications.”

They are also within days of Tiananmen Square commemoration statues being removed from Hong Kong’s landscape. Each of these actions alone would represent an attack on fundamental freedoms of expression and the media; combined they are an all-out assault, a terrifying combination that seeks to silence any form of dissent and gut the city of media freedom. StandNews has since announced its closure.

Freedom of the press is guaranteed under Article 27 of Hong Kong’s Basic Law, the constitutional settlement that has governed the city-region since 1997. Clearly Beijing has no intention to honour this article. Please join us in condemning these actions and reminding Beijing of its obligations to Hong Kong.

As always we at Index #StandWithHongKong.

Women journalists caught in middle of Afghanistan’s nightmare

As a woman and a journalist, I have been living my worst nightmare since 15 August 2021, the day the Afghan capital, Kabul, fell to the Taliban. Since that Sunday, I have been reporting about what women have lost – and what they continue to lose – as the new regime expands its power.

The Taliban have limited every aspect of women’s lives, from banning them from school and work to introducing long black uniforms that cover them from head to toe. Having grown up in Kabul since 2001, when the Taliban were deposed, I never imagined a return to the days when women were forced to stay home because of their gender.

When I was working as a journalist based in Kabul between 2011 and 2017, the media was the last hope for dissidents. Now the media, which continue to expose wrongdoing, have turned into dissidents. Today, making an editorial decision in Taliban-controlled Afghanistan is literally making a decision about life and death.

In our small newsroom at Rukhshana Media, an all-women news website, one recurrent concern is how to tell a story with minimum risk to the people involved. The journalist is often the first to face the consequences of his or her work.

Journalism under the Taliban

Afghanistan has never been a safe country for journalists but, after 2001, the nascent Afghan media were freer than media in neighbouring countries.

Now they can hardly function without getting visits and calls from the new rulers in charge – the group that labelled the media a military target and continued to threaten them before coming to power in mid-August.

Media outlets are closing and journalists are being arrested, tortured and being forced to go on the run.

On 14 August, the day before Kabul fell, Mujeeb Khalwatgar, executive director of the Afghan media advocacy group Nai, told me his organisation had heard from journalists in Baghlan, Kandahar and Herat provinces that the Taliban were searching for them.

The same day, I talked to a young journalist from the north-eastern province of Badakhshan who said his name was on the Taliban’s blacklist. He was hiding outside Fayzabad, the provincial capital.

Days before the Taliban took Fayzabad, one of his female colleagues was attacked by a man who covered his face. She survived the attack, but they were worried whether they could survive the new regime.

I talked to several women reporters from the provinces who sought shelter in Kabul as the Taliban took over, hoping to leave the country on evacuation flights. Many of them didn’t make it.

In early November, a 24-year-old-woman, one of only three female journalists in an entire province – who asked me not to name the province – said she was on a Taliban blacklist, according to a relative who was working with the militants. The radio station she worked for was among more than 150 media outlets forced to close because of Taliban-imposed restrictions and the economic crisis a month after Kabul fell.

As the breadwinner of a family of nine, the change in rulers meant she not only lost her job but is on the run for her life, simply for being a woman journalist. In the past two months, she has been forced to change her place of residence seven times to hide from the Taliban.

Women journalists are disappearing

An Afghan female journalist attends a Taliban news conference. Photo REUTERS/Jorge Silva

Two weeks after the Taliban’s return to power, Reporters Without Borders warned that “women journalists are in the process of disappearing from the capital”. The organisation noted that, of about 700 women journalists with jobs in Kabul, more than 600 had not returned to work. Some fled while others were forced to stay at home or go into hiding.

Our investigation at Rukhshana Media shows that there are no women journalists in radio or TV working in the western provinces of Herat, Farah, Badghis and Ghor.

The systematic removal of women from the media landscape is not the only immediate consequence of the Taliban’s return to power. Just three weeks after their takeover, the militants arrested 14 journalists, with at least nine of them subjected to violence during their detention, according to the Committee to Protect Journalists. Among those detained were an editor and four other journalists at Etilaat Roz, a newspaper that was a winner of Transparency International’s Anti-Corruption Award in 2020. Two of them were tortured by the Taliban and needed hospital treatment.

Today, journalists – both men and women – are still on the run. In November, I talked to a 31-year-old journalist who for the past eight years has been an investigative reporter for local print and online outlets. Since 15 August, he has been on the run with his family of four, having spent nights in five different places. He is particularly worried about his investigations into the Taliban-run religious schools.

“No one is listening to my calls for help, no one. I am just hoping the Taliban don’t catch me alive,” he said.

Reporters Without Borders and Human Rights Watch have issued warnings about the Taliban censorship of media, especially their “media regulations” which require journalists and media not to produce content “contrary to Islam” and not to report on “matters that have not been confirmed by officials”.

The chief editor of a radio station in Kabul who, despite not having a passport, attempted (unsuccessfully) to get on an evacuation flight out of the country in late August, told me his story. Now he is back at work, where, in one month, the Taliban have visited his office four times. Twice when his colleagues used the word “Taliban” instead of “the Islamic Emirate”, he received calls warning him to be careful with the choice of words.

He says his radio station, like all other Afghan media outlets, is under the Taliban’s scrutiny. Three of his colleagues in other provinces have been ordered by provincial officials to send their news first to the Taliban before it is signed off for broadcast.

With reliable sources of information having dried up and journalists either on the run or operating in an environment of fear, censorship and self-censorship, it is becoming harder to be a journalist.

The new environment creates opportunities for the circulation of false stories and propaganda on social media. Lately, it has become difficult to distinguish between real news and propaganda. Many on social media, including some journalists, are propagating stories that correspond with their biases and social and political prejudices which then will be used by some international media to verify their own assumptions and biases.

Fake news

Exposing false and misleading stories has been one of the primary goals of our team at Rukhshana Media, where we investigated two stories directly connected to misinformation and staged reporting in the past two months.

Many news outlets reported that Mahjabin Hakimi, a 25-year-old professional volleyball player, was beheaded by the Taliban. The reports were based entirely on the claim of her coach in Kabul’s volleyball club who spoke under a pseudonym. But our investigation, in which we interviewed five sources, including her parents and a friend who was present the day her body was found, showed that she died on 6 August – nine days before the Taliban took over Kabul.

In the second story, several people connected to the family of a nine-year-old girl featured in CNN’s bombshell report on child marriage told Rukhshana Media the report was invented.

Our reporters are working on the ground to bring women’s stories to the surface of a male-dominated Afghan media. In the past months, we have partnered with two international newsrooms, The Guardian and The Fuller Project, which has helped amplify the voice of Afghan women to wider audiences outside the country.

With women journalists remaining at risk, we are trying to create opportunities for them to continue their work and tell the stories of women in Taliban-ruled Afghanistan, where they are banned from work and education and have no idea when they will be able to return to public life.

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