24 Sep 2013 | Americas, Mexico, News and features
This September marks the anniversary of the murders of four Mexican journalists. Alejandro Zenón Fonseca Estrada, Norberto Miranda Madrid, Luis Carlos Santiago and Maria Elizabeth Macías Castro were each killed within a year of each other, from 2008 to 2011. They were all covering drug cartels and corruption, and not a single person has been brought to justice in these murder cases.
Alejandro Zenón Fonseca Estrada, 33, host of a popular morning call-in show called “El Padrino Fonseca” (The Godfather Fonseca) was gunned down on September 24, 2008, by unidentified men as he was hanging up anti-violence posters.
Norberto Miranda Madrid, 44, was a Web columnist and host for the online station Radio Visión. He was shot multiple times by two masked gunmen in the offices of the radio station on September 23, 2009.
Luis Carlos Santiago worked as a photographer with the local daily El Diario. On September 16, 2010, he was shot and killed by unidentified gunmen. He was 21.
Maria Elizabeth Macías Castro, 39, tweeted about activities of criminal groups and covered the topic on the website Nuevo Laredo en vivo (Nuevo Laredo Live) using the pen name “La NenaDLaredo” (The girl from Laredo). On September 24, 2011, her decapitated body was found with a note that identified the website and her pseudonym.
Speak Justice Now is a campaign against impunity by the Committee to Protect Journalists. We encourage you to join thousands around the world to tweet Mexican President Enrique Peña Nieto today demanding an end to impunity using the hashtag #SpeakJusticeNow.
18 Sep 2013 | Guest Post, News and features, Politics and Society, United States
Josh Stearns argues that the US shield law sets a dangerous precedent by allowing the government to decide who is a journalist. (Photo: Wikipedia)
The Free Flow of Information Act – also known as the “Shield Law” – is meant to protect journalists from having to reveal their sources during investigations by the U.S. government. The bill comes amidst news organizations’ growing concern about the impact of surveillance of the press by the Justice Department and the National Security Agency.
Last week a Senate committee approved the bill. The next step would be a vote by the full Senate. However, as currently written, the bill creates two classes of journalists and sets a dangerous precedent for press freedom.
The first class is protected by default. It includes people who have been employed by newsrooms for at least one year in the last 20 years, or for three months in the last five years. This is actually an improvement over an earlier version, but still excludes many freelancers, bloggers and citizen journalists.
For those not in that class, the bill allows a judge to decide if “such protections would be in the interest of justice and necessary to protect lawful and legitimate newsgathering.” This “judicial discretion” catchall means a broad range of acts of journalism could be protected, but raises questions about the necessity of the first definition of journalist.
The judicial discretion inclusion is significant because the case law in this area strongly asserts protection for all acts of journalism, not just some pre-defined set of “legitimate” journalists. For example, in a 2006 decision a California state appellate court wrote:
We decline the implicit invitation to embroil ourselves in questions of what constitutes “legitimate journalis[m].” The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here. We can think of no workable test or principle that would distinguish “legitimate” from “illegitimate” news. Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment.
This point is echoed in decisions by the Second, Third and Ninth Circuit federal courts of appeals and the U.S. Supreme Court. And there is a growing consensus amongst leaders inside traditional journalism institutions that we should protect all people engaged in the journalism process regardless of their occupation or affiliation. The Society for Professional Journalists recently passed a resolution that “rejects any attempts to define a journalist in any way other than as someone who commits acts of journalism” and even considered changing its name to reflect this.
Which raises the question, why did some Senators work so hard to create two tiers of journalists and spill so much ink trying to limit those who can be covered?
One answer might be to send a message about who they see as “real” journalists and to further chill sources who might talk to independent reporters. This bill has to be seen in the context of Washington’s ongoing war on leaks and some elected officials’ efforts to criminalize journalism.
The debate over this bill exposed a deep and troubling thread of concern about the shifting media landscape and the nature of a truly participatory fourth estate. During the Senate committee meeting, Sen. Feinstein made it clear that she wanted to limit the bill so it wouldn’t protect people like “the 17 year old who drops out of high school, buys a website for five dollars, and starts a blog.” Other Senators made even more troubling statements, speculating and wringing their hands about spies hiding in newsrooms, foreign journalists at Al Jazeera, and protections for Edward Snowden and Wikileaks.
Most such concerns are baseless because the bill includes a huge “national security” loophole that would let prosecutors force journalists to testify about their sources, or face jail time. This exception makes the bill useless for a huge number of journalists who are most often in possession of leaked material. Yet it’s widely believed that this provision was critical to getting White House support of the bill.
What’s at stake here is not just the narrow purview of this bill, but the precedent of allowing government to define who is and is not a journalist. It is a sad irony that a bill meant to expand press freedom could in fact erode First Amendment rights of non-traditional media makers.
This could all be avoided, and the bill could be greatly strengthened and simplified by defining journalism as an act, a process that anyone can participate in, instead of a profession limited to a few practitioners. As the bill moves forward, making that change should be our top priority.
This article was originally posted on 18 Sept 2013 at indexcensorship.org
13 Sep 2013 | Asia and Pacific, India, News and features
In the aftermath of a murder of a delivery driver and discovery of explosive devices in his van, a small underground group took responsibility, but news editors refused to carry the group’s statement, leading to a print blackout in Manipur.
Newspapers in the state reported on 19 Aug that the cold-blooded killing of Okram Gyanendro had led to a road blockade of the Imphal-Moreh highway in protest. The Imphal-Moreh Road Transporters’ Union and the All Manipur Road Transport Drivers and Motor Workers’ Union strongly condemned the murder and called for a 13 hour general strike across the state as the story gained more attention.
As reported by the Indian Express, in the aftermath of the murder, a small underground group took responsibility for the attack. However, senior editors refused to publish the group’s statement, as they believed this small group could not have carried off the attack and only sought to gain legitimacy through media attention. By August 28th, a letter from the group had been issued to hawkers who distribute newspapers in Manipur, to halt distribution, which was ignored. On September 1st, the All Manipur Newspaper Sales and Distributors Association received a phone call saying that if the hawkers did not stop distributing newspapers, they would be shot dead.
Caught between the ongoing violent rivalry between insurgent groups in Manipur, newspaper distribution was stopped. The All Manipur Journalists’ Union (AMWJU) staged a protest along with the Editors’ Forum and the All Manipur Newspaper Sales and Distribution Association to protest the threats issued to media workers and the freedom of the press in Manipur. Some of the complaints that were made were that insurgent groups force newspapers to carry news, whether it is true or not, and even force them to carry press releases without any changes. The chief minister of Manipur was approached, and asked to put in safety measures for media persons.
However, with the backdrop of the newspaper distribution ban, the editors of major newspapers decided to distribute their papers on their own. On September 7, it was reported that “editors of the leading newspapers published from Imphal created history on Saturday morning by selling their newspaper copies in the streets of Imphal city.”
In the meantime, the International Federation of Journalists (IFJ) has issued a statement of support, stating that, “we call on the state government in Manipur and the security agencies of the Indian government deployed in the state, to respond to the urgent calls from All Manipur Working Journalists Union (AWMJU) that conditions be secured for safeguarding journalists, rights and the public right to know.” And the chairman of India’s Press Council of India also requested the Chief Minister of Manipur to ensure that newspapers can function normally.
By 8th September, hawkers had decided to resume work in Manipur, in light of appeals from various civil society organizations and also for the sake of their livelihood.
9 Sep 2013 | Digital Freedom, News and features, Politics and Society, United States
(Photo: David von Blohn / Demotix)
It seems you can’t step away from the computer for more than a few hours these days without a story revealing previously secret information about the National Security Agency (NSA) setting the internet aflame. The scandal has sparked an investigative journalism renaissance with virtually every major news organisation in the country—not just the keepers of the Snowden files—getting in on the act.
Several stories of critical significance broke in the last two weeks. First, the Wall Street Journal reported that the NSA’s surveillance system, “has the capacity to reach roughly 75% of all U.S. internet traffic in the hunt for foreign intelligence, including a wide array of communications by foreigners and Americans.” The Journal detailed the NSA’s direct access to telecommunications’ fiber optic cables around the country and their extraordinary reach into many corners of the web.
The next day, the administration finally released the 2011 FISA court opinion ruling some NSA surveillance unconstitutional, making front-page news around the country. The Electronic Frontier Foundation, the organization for which I work, has been suing the Justice Department for its release for over a year. The ruling showed the NSA had vacuumed up more than a 150,000 Americans’ emails, only alerting the court to a collection method that had been in place for three years. The court also accused the NSA of “material misrepresentation regarding the scope of a major collection program” on two other occasions.
Until two weeks ago, the administration had stuck to the talking point that all the privacy violations were unintentional. That was already cold comfort to Americans, as the Washington Post had previously reported, based on Snowden documents, that the NSA has been committing thousands of privacy violations, however unintentional, affecting untold number of people per year. And the numbers seem to be increasing.
Soon after the FISA court opinion was released, Bloomberg News revealed that a still-classified NSA inspector general’s report documented “approximately a dozen” willful privacy over the last decade by the NSA. This contradicted many previous statements by government officials, including NSA chief Keith Alexander, who said “no one has wilfully or knowingly disobeyed the law or tried to invade your civil liberties or privacy” at a speech on August 8.
The Wall Street Journal followed up, detailing how many of these violations consisted of analysts following former spouses or partners (nicknamed “LOVEINT”). The Journal explained that most of the violations were self-reported. How many went unreported we will likely never know.
Couple this with the fact that NBC News reported how Edward Snowden was able to browse the NSA networks for months without detection, and you have an agency which claims it has strict internal oversight procedures in place, but seems to have only one real mechanism for enforcement: self policing.
Amazingly, all of these stories have come since President Obama was forced to address the issue at a press conference just three and a half weeks ago in response to the first wave of stories published by the Guardian and Washington Post. At that point, the sea change in public opinion about civil liberties and privacy had become clear and Congressmen in both parties had been pressuring the White House for weeks. Obama promised more transparency to programs (it’s important to remember he also promised more transparency six years ago when he was first running for president), but there were no concrete proposals for reining in the out-of-control powers of the NSA. He did not even mention the two major stories of the day, one in the Guardian, and the other in the New York Times. Obama did say this, however:
What I’m going to be pushing the [intelligence community] to do is rather than have a trunk come out here and leg come out there and a tail come out there, let’s just put the whole elephant out there so people know exactly what they’re looking at. Let’s examine what is working, what’s not, are there additional protections that can be put in place, and let’s move forward.”
While the full elephant is the only thing that will satisfy the public at this point, disturbingly, Sens. Ron Wyden and Mark Udall, the lone NSA critics on the Senate intelligence committee, cryptically said in a press release after Obama’s press conference that we’ve only learned “just the tip of a larger iceberg.”
Congress is currently on August recess, an annual break where members return to their home districts to hear from their constituents. We can expect some sort of action when they return. Eighteen bills have already been introduced, with many more on their way, and as Politico reported, members from both parties are listening to people at town halls voice their concerns about NSA surveillance, “a sign that fears about the ultra-secret National Security Agency have spread beyond the Beltway as lawmakers embark on their annual town-hall tours.”
Meanwhile, the reporting will only continue, as the Guardian is now sharing some of the Snowden documents with the New York Times and ProPublica after GCHQ disturbingly entered the Guardian offices in London and oversaw the destruction of a copy of the Snowden files.
Early on, the administration and its defenders may have hoped the story would disappear with the next news cycle. It won’t. The NSA scandal is destined to a prime issue in the fall Congressional session, carrying into next year’s midterm elections. The administration’s attempts to calm the public with transparency-after-the-fact PR measures won’t change the narrative.
What we want to see is this headline: “Obama reins in NSA surveillance authority.”
This article was originally published on 9 Sept, 2013 at indexoncensorship.org
