The week in free expression: 29 March–4 April 2025

In the age of online information, it can feel harder than ever to stay informed. As we get bombarded with news from all angles, important stories can easily pass us by. To help you cut through the noise, every Friday Index will publish a weekly news roundup of some of the key stories covering censorship and free expression from the past seven days. This week, we look at how Myanmar’s devastating earthquake is being exploited for political repression, and the destruction of a national museum.

Natural disaster: Myanmar blocks aid and access to earthquake-affected regions

On 28 March, a 7.7 magnitude earthquake struck near the city of Mandalay in central Myanmar, causing immense destruction and claiming thousands of lives. It is the most powerful earthquake to hit the country for over a century, and Min Aung Hlaing, the leader of Myanmar’s military junta, has reportedly exploited the disaster as a weapon against his enemies. Myanmar has been engaged in a deadly civil war for more than four years since the military took power via an armed coup in 2021. It is estimated that the military controls just 21% of the nation, including the key cities, with the rest in the hands of armed resistance forces. In the aftermath of the natural disaster, the junta has been accused of blocking aid to regions of the country that have been severely affected and which  are under control of resistance groups, leveraging checkpoints to block humanitarian workers and crucial medicine from reaching those who need it most. Furthermore, foreign journalists are allegedly being blocked from entering the country to report on the catastrophe amid reports that the junta has continued to conduct airstrikes on affected regions. Native journalists already face immense free speech restrictions in Myanmar, with many sent to prison or forced into exile for reporting on the atrocities committed by the junta. With little reporting on the ground, Myanmar’s response to one of the worst disasters in its history is shrouded in darkness.

Cultural destruction: The looting of Sudan National Museum

Since 15 April 2023, Sudan has been embroiled in a devastating conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). According to the United Nations (UN), more than 11 million people have been internally displaced, and tens of thousands have been killed, with the RSF being accused of genocide in the Darfur region of the country. But the damage goes beyond the human cost of war, striking at the heart of Sudan’s cultural heritage. After the SAF recaptured Sudan’s capital Khartoum from RSF control last month, Sudan’s national museum was almost completely ransacked by fleeing RSF paramilitaries. Display cabinets were shattered, artefacts looted, and precious gold and stones were also taken. It was estimated that the museum held approximately 100,000 artefacts of immense historical value, dating back to the Nubian Kingdom, the Kushite empire and Christian and Islamic eras, including some of the oldest mummies in the world – now, all that remains are the largest statues that proved too cumbersome to steal. With these priceless items likely smuggled out of Sudan to be sold abroad, this will have a permanent, devastating impact on both the cultural wealth of the country and its ability to record its history.

Following the USA’s footsteps: EU citizens face deportation from Berlin for pro-Palestine protests

The detention and threat of deportation of pro-Palestine activists on Visas or green cards under the Donald Trump administration has been widely reported on in recent weeks, with the arrest of  Mahmoud Khalil sparking uproar and raising many questions over the right to protest in the USA. This may have set a precedent for how western countries respond to people publicly displaying criticism of Israel’s military actions in Gaza. Germany, in particular, appears to have been increasingly prioritising crackdowns on pro-Palestine protests. Immigration authorities in Berlin have ordered three EU citizens and one American to leave the country by 21 April or face deportation following their participation in a university sit-in at Berlin’s Free University protesting Israel’s military campaign in Gaza. The four individuals have been accused of antisemitism and supporting terrorism, and of constituting a threat to public safety. However, lawyer Alexander Gorski, who is representing the protesters, said that despite concerns from Berlin’s immigration office over the legality of removing EU citizens, the country’s Department for Interior and Sport overruled these objections and went through with the order. The four protesters, none of whom hold any existing criminal convictions, have appealed the decision.

Protest crackdown: Metropolitan Police raids Quaker meeting house to arrest activists

Following the trend of protest crackdowns in democratic nations, London’s Metropolitan (Met) Police broke new ground on 27 March by raiding a Quaker meeting house in Westminster to arrest six women involved in a meeting with activist group Youth Demand, on suspicion of conspiracy to cause a public nuisance. Youth Demand is a group that organises for climate causes and in solidarity with those affected by the war in Gaza. According to reporting by The Guardian journalist George Monbiot, one woman arrested wasn’t an activist but was a student journalist covering the meeting; she was detained for 16 hours, with no contact permitted with her family or friends. A spokesperson for Quakers in Britain said that this is the first time “in living memory” that anyone has been arrested at a Quaker Meeting House, which is the Quakers’ place of worship. This led to Quaker members holding a silent protest outside New Scotland Yard on 3 April. These arrests mark a chilling continuation of the UK police’s trend to silence protesters, as Index has previously covered.

Oil over people: Thousands displaced in Uganda following oil pipeline construction

Uganda’s burgeoning oil industry is reported to be of huge fiscal benefit to the nation, strengthening economic growth and opening up thousands of jobs for locals, with 14 oil fields and a heated oil pipeline under construction with investments to the tune of $15 billion. However, this oil rush comes at a cost both through contributing to the climate crisis, and uprooting the lives of thousands. A report by Kampala-based non-profit Haki Defenders Foundation and the University of Sheffield released on 1 April revealed that planned resettlement for those displaced by the oil pipeline was inadequate, with overcrowded resettlement camps and lack of access to basic infrastructure such as water and medical care. Monetary compensation was also so low that those who received it could not afford to relocate anywhere else. This injustice has also stepped into the terrain of free speech violations; it has been reported that those who have protested peacefully against these new projects have faced violent crackdowns from security forces over the past few years, with 11 protesters being imprisoned in Kampala in February.

An insidious and unlegislated form of policing?

On a housing estate, somewhere in north-west London, a dispute said to be between rival groups of young men, apparently rages on. From this quagmire of social deprivation emerges Chinx (OS) who, released from an eight-year custodial sentence at the four-year mark, starts dropping bars like his very life depended on it. And, in a way it does. Because for boys like Chinx, young, black and poor, there is only one way out and that is to become the next Stormzy. Only, two behemoths stand in his way: the Metropolitan Police and their apparent “side man” Meta, parent company of Facebook and Instagram.

In January 2022, Chinx posted a video clip of a drill music track called Secrets Not Safe. Following a request by the Metropolitan Police arguing that the post could lead to retaliatory gang-based violence , Meta removed the post and Chinx’s Instagram account was deleted.

Meta’s decision has now been challenged by the Oversight Board, a quasi-independent adjudicator conceived to police the online giant’s application of its own policies but funded by the company.

The Board recently condemned the company’s decision to remove Chinx’s post and delete his account as not complying with Meta’s own stated values and with wider human rights considerations.

As part of its review of Meta’s decision, the Board made a Freedom of Information Act request to the Met over its requests to remove content from various online platforms. Whilst a good proportion of their responses to the request were unhelpful bordering on obstructive, what it did disclose was troubling.

In the year to the end of May 2022, the Met asked online platforms, including Meta, to remove 286 pieces of content. Every single one of those requests related to drill music. No other music genre was represented. Some 255 of the Met’s requests resulted in the removal of content, a success rate of over 90%.

The decision makes for illuminating, if worrying, reading when one considers the potential chilling impact Meta’s actions may have on the freedom of expression of an already suppressed, marginalised and some would argue, over-policed section of our community. Four areas of concern emerge.

Law enforcement access to online platforms

Instagram, in common with other applications, has reporting tools available to all users to make complaints. Whilst it may be that law enforcement organisations use such tools, these organisations also have at their disposal what amounts to direct access to these online platform’s internal complaints procedures. When law enforcement makes a request to take content down, Meta deals with such a request “at escalation”. This triggers a process of investigation by Meta’s internal specialist teams who investigate the complaint. Investigation includes analysis of the content by Meta to decipher whether there is a “veiled threat”.

This case demonstrates a worrying pattern in my view; namely the level of privileged access that law enforcement has to Meta’s internal enforcement teams, as evidenced by correspondence the Board saw in this case.

Lack of evidence

What became clear during the exposition of facts by the Board was that despite the apparent need for a causal link between the impugned content and any alleged “veiled threat” or “threat of violence” law enforcement advanced no evidence in support of their complaint. In the light of the fact, as all parties appeared to accept, that this content itself was not unlawful, this is shocking.

On the face of it then, Meta has a system allowing for fast-tracked, direct access to their complaints procedure which may result in the removal of content, without any cogent evidence to support a claim that the content would lead to real life violence or the threat thereof.

This omission is particularly stark as, as in this case, the violence alluded to in the lyrics took place approximately five years prior to the uploading of the clip. This five-year gap, as the Board commented, made it all the more important for real and cogent evidence to be cited in support of removal of the content. We ought to remind ourselves here that the Board found that in this case there was no evidence of a threat, veiled or otherwise, of real-life violence.

Lack of appeal

Meta’s internal systems dictate that if a complaint is taken “at escalation” – as all government requests to take down content are, and this includes requests made by the Met Police –  this means there is no internal right of appeal for the user. Chinx (OS) and the other accounts affected by this decision had no right to appeal the decision with Meta nor with the Oversight Board. The result is that a decision that, in some cases, may result in the loss of an income stream as well as an erosion of the right to express oneself freely, may go unchallenged by the user. In fact, as Chinx (OS) revealed during an interview with BBC Radio 4’s World at One programme, he was not made aware at any point during the process why his account had been deleted and the content removed.

The Board itself commented that: “The way this relationship works for escalation-only policies, as in this case, brings into question Meta’s ability to independently assess government actors’ conclusions that lack detailed evidence.”

Disproportionality

Each of the three shortcomings above revealed by the Board within Meta’s procedures are worrying enough; but, coupled with the disproportionate impact this system has upon black males (the main authors and consumers of this content) it veers dangerously close to systemic racism.

The findings of the Oversight Board’s FOI request on the Met’s activities in relation to online platforms clearly back this up.

The Digital Rights Foundation argues that while some portray drill music as a rallying call for gang violence, it in fact serves as a medium for youth, in particular black and brown youth, to express their discontent with a system that perpetuates discrimination and exclusion.

An insidious and backdoor form of policing

The cumulative effect of Meta’s actions arguably amounts to an insidious and unlegislated form of policing. Without the glare of public scrutiny, with no transparency and no tribunal to test or comment on the lack of evidence, the Met have succeeded in securing punishment (removal of content could be argued to be a punishment given that it may lead to loss of income) through the back door against content that was not, in and of itself unlawful.

As the Board pointed out in their decision, for individuals in minority or marginalised groups, the risk of cultural bias against their content is especially acute. Art, the Board noted, is a particularly important and powerful expression of “voice”, especially for people from marginalised groups creating art informed by their experiences. Drill music offers young people, and particularly young black people, a means of creative expression. As the UN Special Rapporteur in the field of cultural rights has stated, “…representations of the real must not be confused with the real… Hence, artists should be able to explore the darker side of humanity, and to represent crimes… without being accused of promoting these.”

The right to express yourself freely, even if what you say may offend sections of our community, is one of those areas that truly tests our commitment to this human right.

Impartiality and independence of police watchdog questioned by whistleblower

[vc_row][vc_column][vc_single_image image=”116514″ img_size=”full” add_caption=”yes”][vc_column_text]An author of a government report into the handling of public protests has expressed her serious concerns about the independence and impartiality of the police watchdog. The report from Her Majesty’s Inspectorate of Constabulary looked at policing in the wake of the Black Lives Matter and Extinction Rebellion protests, was published on 11 March 2021 and backed Home Office proposals for tightening up the law. The Police, Crime, Sentencing and Courts Bill which followed sparked protests across the country.

Alice O’Keeffe, who worked as an associate editor at the HMIC, feared the conclusions may have contributed to the crackdown on the vigil for Sarah Everard on Clapham Common in south London. The 33-year-old’s killing provoked a national outcry in the UK about violence against women.  Ms O’Keeffe was removed from the team tasked by Home Secretary Priti Patel to report on the policing of the vigil itself after she expressed her view that the “handling of the vigil was completely unacceptable and disproportionate.”

In its report, the HMIC concluded the police acted appropriately in handcuffing and arresting women protestors at the vigil, although it recognised coverage in the media had been a public relations disaster.

In a letter to HMIC head Sir Tom Winsor, seen by Index on Censorship, the civil servant raised her “serious and urgent concerns about breaches of the civil service code” during the earlier inspection into public protests. She raised questions about how the inspection team could be impartial when she was the only member who was not from a policing background. The letter makes a number of serious claims about the impartiality of the inspectorate:

  • The civil servant was the only person on the team from a non-policing background, apart from two human rights lawyers who sat in on some discussions.
  • A serving Chief Inspector from the Metropolitan Police sat on the team during the fieldwork evaluation even though this was the force originally responsible for demanding the new powers.
  • There were only two women on the team of 12 (although a further woman joined later to work on case studies).
  • Although a significant part of the inspection concerned the policing of Black Lives Matter protests, only one member of the team of 12 was from an ethnic minority background.
  • There was no one with a specialism in equality and race on the team.
  • The threat from extreme-right wing groups was not considered.
  • The team demonstrated consistent bias against peaceful protest groups, drawing comparisons between them and the IRA.
  • The report misrepresented public opinion on the policing of protest.

The civil servant claimed the inspectorate decided to back the government’s proposals before fieldwork has been completed. She quoted correspondence between the inspectorate and the Home Secretary from late 2020 which said the government’s proposals “would improve police effectiveness (without eroding the right to protest) and would be compatible with human rights laws. Moreover, measured legislative reform in these respects would send a clear message to protestors and police forces alike about the limits of the right to protest”.

In her letter to Sir Tom Winsor, the civil servant claimed: “The purpose of the report was not to collect evidence and then make a decision, but rather to collect evidence to support the decision that has already been made.”

Ms O’Keeffe has worked as journalist at the Guardian, the Observer and the New Statesman. She previously worked at the Equalities and Human Rights Commission.

In a statement the inspectorate confirmed it was evaluating Ms O’Keeffe’s observations. However, it said that as an editor “she was not privy to all the work which assessed and weighed the evidence in the inspection”. The final judgment was made by one of the inspectors of constabulary, it said, and approved by the board of the inspectorate.

The statement went on to explain that a thorough legal analysis carried out by external counsel had been completed by the time the letter referred to by Ms O’Keeffe was sent to the Home Secretary. No final judgement was made until fieldwork into the policing of protests had been concluded and the Home Secretary was informed the initial judgement was provisional.

HMIC said its inspection teams always include seconded police officers and that officers from the Metropolitan Police were often used. It denied peaceful protestors were equated to the IRA.

The statement concluded: “The Clapham inspection was entirely objective as is apparent from the report just published.  Ms O’Keeffe was not put on the Clapham report because, by her own acknowledgement, she had already made up her mind what the conclusions should be before any evidence had been obtained.

“The independence of the inspectorate has always been conspicuous.  It is led by Her Majesty’s Chief Inspector of Constabulary whose reputation for independence goes back many years.”

Read extracts from the letter and why Index defends the right to protest even during a pandemic.[/vc_column_text][/vc_column][/vc_row]

A letter to HMIC head Sir Tom Winsor on protest policing

[vc_row][vc_column][vc_column_text]The following are extracts from a letter to Sir Tom Winsor, Her Majesty’s Inspectorate of Constabulary, from Alice O’Keeffe, an associate editor who worked on the HMIC report, Getting the balance right: An inspection of how effectively the police deal with protests, which was published on 11 March 2021. The subheadings are provided by Index to help guide you through the main points. Read the news story here.

 

Dear Sir Tom,

I am writing to raise serious and urgent concerns about breaches of the civil service code during a project I was recently involved in as an associate editor for Her Majesty’s Inspectorate of Constabulary, an inspection into protest policing. The report from the inspection was published on 11 March 2021, and I was involved in drafting and editing the report and other materials related to the inspection from October 2020-March 2021.

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The protest policing inspection

The inspection took place in response to a letter from the Home Secretary Priti Patel, on 21st September 2020, asking the inspectorate to look at whether the police needed more legal powers to deal with protest, in response to disruptive protests by Extinction Rebellion and Black Lives Matter, among others. The inspection lead…asked me to edit the report.

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The protest policing report

A foregone conclusion?

Early on in the team’s discussions about the inspection, it became clear that the authors of the report had already decided to back the legislative changes proposed by the Met Police and the Home Secretary, which were to be put forward as part of the Police, Crime, Sentencing and Courts Bill. The purpose of the report was not to collect evidence and then make a decision, but rather to collect evidence to support the decision that had already been made.

There is evidence for this in the letter that I helped to draft from [HMIC] to the Home Secretary, which we began to work on in early November 2020, before the fieldwork stage of the inspection was complete. It said the following:

“We believe all five proposals would improve police effectiveness (without eroding the right to protest) and would be compatible with human rights laws. Moreover, measured legislative reform in these respects would send a clear message to protesters and police forces alike about the limits of the right to protest.”

The Home Secretary replied on 7 December:

“Thank you for your letter… Protests have proved a significant challenge over the last year and I am keen to ensure that the police have the powers and capabilities they need to help address the disruption they face. Your findings will help me to do that.”

This was before the fieldwork phase of the inspection had been completed, discussed and evaluated.

Impartial and independent?

The team was not impartial or independent – and it definitely was not balanced in terms of backgrounds and perspectives. …a serving Chief Inspector for the Metropolitan Police, sat on the team through all the fieldwork evaluation discussions…The Metropolitan Police force was originally responsible for requesting these new powers from the Home Secretary, so I was surprised that a senior serving officer from that force was now acting as an “impartial civil servant” on the question of whether his own force’s requested legislative proposals should be enacted.

Diverse?

Although the inspection very largely concerned the policing of Black Lives Matter protests, there was only one ethnic minority member of an inspection team of 12. There were only two women, including me, although one more joined in the later stages to do some case studies.

I repeatedly [raised] concerns about this, saying that as we did not have anyone with a specialism in equality and race on the team, we might have a “blind spot about race”. I suggested to the team leader… that we should send the report out for external review by a specialist in race and policing – he said there wasn’t time to do that, as the report needed to be published before the Bill came to Parliament for its second reading. On my insistence he did eventually – only days prior to publication – say that he would send it to the Black Police Association to review.

Anti-protestor bias?

In various exchanges I became aware that senior team members held views that were biased against protest groups. For example, in the early stages of the inspection [REDACTED] told me that he had a case study he wanted me to look at, of an individual who he felt should be banned from protesting at all… I assumed that this individual must be a violent offender of some kind. However [REDACTED] told me that the individual in question was one of the founders of…Extinction Rebellion.

[REDACTED] asked for my feedback on the case study. I said that I didn’t think we should include it in the report, as the case would polarise opinion. I made the point that we all needed to keep our personal biases in check. He replied: “So, the following questions spring to mind: If we were writing this report during the ‘troubles’, would it be acceptable for us to show bias against the IRA? If not, what about showing bias against the bombers in particular? In 2020, would it be acceptable to denounce the IRA?”

Reflecting public opinion?

The report presented a skewed account of public opinion on protest policing, by only including select results from the survey that the inspectorate commissioned on the issue. The figure quoted prominently in the report is that “for every person who thought it acceptable for the police to ignore protesters committing minor offences, twice as many thought it was unacceptable.”

However, within the full survey there was a much more mixed response to the issue of how firmly the police should deal with protests. Sixty per cent of people thought it was unacceptable for the police to use force against non-violent protesters, for example. It was unclear to me why this finding should not be of equal importance.

The correct focus?

Late in the report drafting process a member of the team sent me a report, published in July 2020, by SAGE into public order and public health. It set out many concerns that [government scientific advisors] SAGE had about policing protest in the context of the pandemic. The SAGE report makes it very clear that the public order threat comes from both BLM-type protests inspired by racial inequality, and from the extreme right-wing (XRW).

The report says: “XRW groups are coalescing and mobilising at a scale not witnessed since the early EDL protests around 2010. There is a substantial overlap between some of the issues foregrounded by these groups (e.g. protection of heritage, memorials) and much larger sections of the population, e.g. among veterans… Large-scale confrontations provoked by the XRW in London and then subsequently in Glasgow, Newcastle and other cities were partly responses to the previous actions of hardcore elements of BLM and the anti-Fascist movement and perceptions of weakness among the police.”

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At no point throughout the whole process of putting the protest policing report together had the team ever discussed the public order threat presented by right-wing groups. I sent an email to [REDACTED] on 12 February saying that I felt “we have missed a ‘piece of the puzzle’ when it comes to the rise of the far right.” He said he would consider this, but it was very late in the process and nothing was ever done about it.

In the published report, the far-right are only mentioned once, on p.130. This is the section in which the authors argue in favour of aligning legislation on processions and assemblies, giving the police the power to ban assemblies. It becomes clear at this point that in fact this power is – contrary to the report’s exclusive focus on other protests – much more likely to be necessary in dealing with far-right protests.

The report says: “We learned that, between 2005 and 2012, Home Secretaries signed 12 prohibition (banning) orders on processions. Ten of these were associated with far-right political groups. The other two were associated with anti-capitalist and anti-globalisation groups.”

Events after publication

The headline finding of the report into protest policing was that the balance had tipped “too readily in favour of protesters.” It said that a “modest reset of the scales is needed” away from the rights of protesters, and towards the rights of “others”.

The weekend following the report’s publication, the vigil to mark Sarah Everard’s murder took place in London.

I wrote to [REDACTED] on Sunday morning, saying that I felt the inspectorate had serious questions to answer around whether our protest policing report had “contributed – albeit unintentionally – to an environment in which the Met felt at liberty to prohibit, and then clamp down forcefully on, a peaceful protest by women, against the murder of a woman by a serving police officer.”

I added that I hoped the inspectorate would “make it clear to the Met that its handling of this vigil was completely unacceptable and disproportionate.”

On Monday morning, I received a phone call from my manager to say that the inspectorate had been commissioned by the Mayor of London and the Home Secretary to inspect the behaviour of the Met at the Sarah Everard vigil. He asked me to edit it. I said that I would, but I wanted the team to know that as an editor I would need to ask robust questions about the role of our previous protest policing report in the decisions that had been made by the Met Police that night.

Later that day, I received a follow-up email from my manager to say that [REDACTED]  had requested another editor, as he felt “he needed an editor who’d be able to approach this job with an open mind. Based on your email, he didn’t feel that would be possible.” I was replaced by [an] editor with no background in protest policing work.

I acknowledge that, in shock at the events at the Sarah Everard vigil, I expressed the view that the Met had acted disproportionately. This was, and remains, my personal view. I regret making that comment and acknowledge that it did not demonstrate the impartiality that I have always upheld in the context of my role.

However, I believe that I was raising important concerns about a conflict of interest, and the impact of the previous report.

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I am a committed civil servant and as such I feel it is urgently necessary for the Inspectorate, and the Civil Service Commission, to address some of these issues, both in terms of this immediate inspection, and in the longer term. Much more needs to be done to ensure proper independence, which means a clear separation between the Inspectorate, the police and other institutions such as the College of Policing. It also means working much harder to ensure that the staff on inspection teams have a diverse mix of backgrounds and perspectives, and that discussions and processes can be truly free, fair and impartial.

Yours faithfully,

Alice O’Keeffe

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