Egypt: Regime pushes self-censorship on journalists

Egyptian President Abdel Fattah El-Sisi has tightened the screws of the country's journalists. (Photo: Wikipedia)

Egyptian President Abdel Fattah El Sisi has tightened the screws of the country’s journalists. (Photo: Wikipedia)

In a rare show of defiance, hundreds of Egyptian journalists have objected to a “statement of allegiance” to the government signed by editors-in-chief of the main state-owned and independent newspapers.

More than 600 Egyptian journalists signed an online petition defending press freedom and rejecting censorship in all its forms. The move came in response to a loyalty pledge by 17 editors-in-chief of newspapers to refrain from criticizing the police, the military and the judiciary at this sensitive time when Egypt was “at war with terrorism.”

The journalists dismissed the editors’ statement as “a futile attempt to create a one-voice media,” arguing that “fighting terrorism had nothing to do with voluntary abandonment of freedom of speech.”

“The editors’ statement is not worth the ink used in writing it,” Dina Samak, deputy editor-in-chief of the English language semi-official Ahram Online and one of the journalists who signed the petition, told Index on Censorship.

“The terrorists will win when they can control the media, and the state will fall when it agrees on the same goal,” said Khaled El Balshi, a journalist and board member of the Journalists Syndicate, who helped draw up the petition for press freedom.

In a show of solidarity with Egypt’s military-backed regime, the editors had gathered at El Wafd newspaper headquarters on 26 October to forge “a united front against terrorism”, expressing their “rejection of attempts to cast doubt on state institutions.” They also vowed to take measures to halt what they called the “infiltration by elements supporting terrorism” in their publications — a reference to supporters of the outlawed Muslim Brotherhood, designated as a terrorist group by Egypt last year.

While the move did not come as a surprise to many — as it was already clear that the majority of media outlets had aligned themselves closely with the government since the military takeover of the country in July 2013 — the “loyalty pledge” by the editors was nevertheless unusual even in a country where the media was in lockstep with the regime.

The signatories to the declaration — the editors-in-chief of the three main state-owned dailies Al Ahram, Al Akhbar, Al Gomhouria and those of the independent Al Masry Al Youm, Al Watan, Al Shorouq, El Tahrir, El Ahali, Al Fajr , El Messa, El Esboo, El Youm el Sabe and El Gamaheer newspapers — argued however that “crisis situations” required “exceptional measures”.

Defending the editors’ statement, Emad El Din, editor-in-chief of the independent Al Shorouk denied that the editors’ loyalty declaration gave journalists the green light to practice self censorship.

“We wanted to deliver a message to citizens that the media is with the state in fighting terrorism,” he told NPR Radio shortly after signing the statement.

“At this time of heightened nationalism, the climate does not allow for any criticism of the government,” he added.

The move came in response to a call by President Abdel Fattah El Sisi for Egyptians to rally behind him in his fight against terrorism following two deadly militant attacks on an army checkpoint in North Sinai on 24 October that killed 33 army soldiers and injured at least a dozen others. The militant assaults were the latest in a string of attacks targeting mainly security forces — but at times, also civilians — since the overthrow of Islamist President Mohamed Morsi in July 2013. The attacks have prompted a surge in nationalism and a heralding of a so-called “war on terrorism” waged by the military against suspect-militants in the Sinai Peninsula. The violence has also resulted in a massive government crackdown on dissent that has targeted all opposition including journalists critical of regime policies.

Six journalists have been killed and dozens detained since the military took power in July 2013, according to the New York-based Committee for the Protection of Journalists. While most have been released, at least 11 journalists remain behind bars for no crime other than being at — or near — Muslim Brotherhood protest sites. Among the detained are three journalists working for the Al Jazeera English news network who have been sentenced to between seven and 10 years in jail on charges of “threatening national security, fabricating news and aiding a terror group”.

The crackdown on the media has led many journalists to practice self-censorship for fear of being imprisoned, killed or labeled “unpatriotic” by an unsympathising Egyptian public. Meanwhile, the statement released by the editors has fueled fears among press freedom advocates of a further shrinking in the already-dwindling space for freedom of expression in Egypt.

Adel Hamouda, an Egyptian journalist and former editor-in-chief of Al Fajr, meanwhile, criticised the editors’ statement as “uncalled for“.

“It is an attempt by the editors to win favour with the regime for the sake of personal gains,” he told Index. He explained that all Egyptians — except those supporting the Muslim Brotherhood — support the state in its war on terror so it is “meaningless” to publicly assert their support. He further noted that all media organisations were required to seek approval from the Armed Forces Morale Affairs Department before publishing or broadcasting any news about the military.

The majority of the independent media outlets that signed the statement belong to wealthy businessmen with close links to the ruling military-backed regime. They are fully aware that publishing any criticism of government policies would ruffle feathers and likely jeopardize their business interests. All top editors were appointed by the Higher Press Council shortly after Morsi’s overthrow in July 2013. Their selection was clearly based on their willingness to cooperate with the regime rather than their merits. Shortly after Morsi’s ouster, a leaked video on YouTube showed then-Defence Minister Abdel Fattah El Sisi asking senior generals to “establish partnerships with media outlets to curb any criticism of the military”. An independent journalist who spoke on condition of anonymity told Index that days before Morsi’s ouster, she had been approached by security officials who promised her “fruitful rewards” if she joined the “winning side” — a clear reference to the country’s powerful security apparatus that drove the uprising against the democratically-elected president.

In the coup’s aftermath, most editors and TV talk show hosts have persistently lionised Sisi and cheered on the military while demonising the Muslim Brotherhood, the Islamist group from which former President Mohamed Morsi hailed.

The media in Egypt has traditionally been a propaganda tool for whoever is in power. Various successive regimes have used the state media as a mouthpiece to further their political gains. Under Mubarak, all editors-in-chief of the state-owned newspapers were handpicked by his powerful Minister of Information Safwat El Sherif who presented the list of chosen candidates to the Shoura or Consultative Council, the upper house of parliament dominated by members of the then-ruling party, the National Democratic Party, for ratification.

In the months following the fall of Mubarak, there was a brief period of free expression and a loosening up of restrictions on the media. Press freedom — one of the major gains of the 2011 mass uprising — was short-lived however as the Supreme Council of the Armed Forces (SCAF) which replaced Mubarak, quickly moved to exercise control over the media. During its one year in office, the SCAF confiscated newspapers, ransacked the offices of foreign news networks and investigated journalists critical of the military. Shortly after Morsi won the elections — becoming the country’s first democratically elected president — he too reneged on his election promises to promote freedom of speech, appointing a Muslim Brotherhood member as minister of information. The Muslim Brotherhood-dominated Shoura appointed regime loyalists as senior editors of state-owned dailies, repeating the Mubarak-era practice that allows tight government control over the media. The move provoked an outcry from non-Islamist journalists who held protest rallies and threatened to resign their posts.

Almost immediately after Morsi’s overthrow, all Islamist-leaning newspapers and TV channels were shut down by the new authorities — a move that sent a message to journalists that there was little tolerance for dissent in Egypt, post-3 July. The last sixteen months have seen a return of the media censorship reminiscent of that which prevailed under Mubarak. Newspapers that published articles deemed “controversial” by the authorities, have been pulled off newsstands and confiscated. In October 2014, a print edition of the independent Al Masry Al Youm was confiscated by government censors for publishing an interview with former national security intelligence chief Mohamed Gebril in which he was quoted as saying that “no Israeli spy has ever been executed in Egypt”. The paper later appeared on newsstands, albeit without the interview. Months earlier, columnist and screenwriter Belal Fadl resigned from the independent Al Shorouk after the paper’s management allegedly refused to publish his column ridiculing the promotion of Sisi (who was defence minister at the time) to the rank of field marshal. Fadl was accused by pro-military commentators of being a “traitor” and “a fifth columnist plotting to destroy the country”.

Several editors who signed the statement of support to the government are also known to be part of a fake opposition created by Mubarak to give a semblance of free speech and democracy. Like other pro-regime editors, they too have persistently glorified the military and vilified the Muslim Brotherhood. And they have gone a step further, slandering the January 25 Revolution as a “foreign conspiracy” and labelling the secular opposition activists who mobilised public support for the 2011 mass protests “traitors” and “foreign agents.”

Mostafa Bakri, editor-in-chief of Al Osbou — and one of the editors who signed the loyalty pledge — has recently been summoned by the public prosecutor after several legal complaints were filed against him by private citizens for “fabricating news” and “slandering the January 25 Revolution”.

Meanwhile, the journalists behind the online petition for press freedom are planning to form an independent association to advocate freedom of expression. While this is a step in the right direction, press freedom advocates fear the negative effects of the editors’ pledge of allegiance are already being felt.

“Their statement was perceived as a warning message by the younger, less skilled journalists, many of whom are now practicing self-censorship for fear of losing their jobs or in a bid to win favour with the management and get promoted,” lamented Dina Samak.

Despite the setback, the battle for press freedom is on.

“It is a battle pitting the younger, pro-reform journalists against the old regime loyalists, resisting change,” Amany Kamal, a former radio presenter told Index. Kamal was forced to quit her job as a broadcaster with a state-run radio channel after being accused by the management of sympathising with the Muslim Brotherhood. “But we shall win,” she said.

This article was published on 24 November 2014 at indexoncensorship.org

Uganda: Pushing journalists toward self-censorship

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

As a master student of Conflict and Development at the University of Ghent, Jos Van Steelandt will write a dissertation on the subject of censorship on and self-censorship within the media in Uganda. Because of his background as a historian specialised in Ugandan media-history and his interest in human rights, he chose this politically sensitive topic. In July, he will be conducting interviews with journalists working in Uganda. He will be keeping Index on Censorship up to date on his research during his trip.

In Uganda, journalists are not only dealing with outright censorship. It seems the government of president Yoweri Museveni is employing a strategy that is aimed at pushing journalists towards self-censorship using a broad range of measures. Although the Ugandan media has a very strong tradition of critical reporting some journalists are probably more prone to self-censor.

The use of force by its security forces serves to stifle critical voices appears widespread. A local human rights organisation, Human Rights Network for Journalists-Uganda, states in its latest report that in 2012 there were 124 violations of press freedom. A staggering 83% of these  violations against journalists were committed by state-actors, among which police forces incorporate the large majority of the perpetrators.  The structural nature of these violations and especially the contexts of the violations seems to suggest that this would be the result of an active government policy.

Apart from this outright aggression, the security forces in cooperation with the Uganda Communications Commission are able to close down editorial offices, as happened to one of Uganda’s leading newspapers, The Monitor, in 2013. This newspaper, known for its  critical stance towards the government, was shut down for a couple of days after publishing a leaked confidential letter by General Sejjusa,  which contained very compromising information about president Museveni’s  familypresident. This event underlined to  Ugandan news organisations that publishing on politically sensitive topics is not without risk.

Security forces also create an atmosphere in which critical reporting is discouraged by arresting journalists arbitrarily. Renowned Ugandan journalist Andrew Mwenda, for instance, was arrested 16 times.  Most of the journalists who are arrested, are released shortly after, but the message towards journalists is once again clear.

Uganda’s legal code is another possible cause of self-censorship. Various laws give the government and security forces the possibility to constrain essential freedoms and even contradict the Ugandan constitution. The Public Order Management Bill, the Uganda Communications Act, the Press and Journalist Act and the Penal Code Act contain provisions that can be and are being used to hamper journalists. Journalists are often sued for libel or sedition or get bogged down in other lawsuits concerning their work.  Journalists are made painfully aware that critical reporting implies walking the line within this legal framework.

The theory of the ‘chilling effect’ suggests that Uganda’s legal regime creates the possibility to clamp down on journalists and will have negative consequences on their work. This regulatory environment, in combination with the threat of violence and arrest, could make the large majority of journalists working in Uganda less willing to cover sensitive topics or could make them use mitigating discourse in their reports.

This July, I will conduct interviews with journalists of different news organisations working in Uganda. In these interviews, I will ask them for their personal experiences working as a journalist, but also ask them for the stories they think are interesting about other journalists who have had a run-in with the state. These stories, called control parables, that circulate among journalists, can tell us a lot about what journalists consider behaviour that will result in a run-in with the state. It can show us in which way most journalists will censor themselves    even though the state hasn’t explicitly told them so. When we lay bare these mechanisms and research why some journalists are more vulnerable to self-censor, we can begin to think about possible measures that donors or NGO’s can take to make journalists less prone to self-censor on politically sensitive but still important issues. These possible measures include providing insurance or legal protection for journalists and campaigning to implement some sort of Chilling-effect principle in the Ugandan legal code. This principle is being implemented in the European Court of Human Rights and can be invoked when a certain law threatens to impose silence upon journalists in cases of politically sensitive topics.

Three more months and I’m off to do my fieldwork in Kampala, Uganda. I will try to bring you the stories of the journalists I interview and share the experiences they encountered working as a journalist in ‘the pearl of Africa’. I’ll keep you posted!

This article was posted on April 25, 2014 at indexoncensorship.org

In Taiwan, censorship quietly flourishes amid outrage

Activists and civic groups march in Taipei in protest against the Want Want China Times Group's planned acquisition of China Network Systems's cable TV services in Sept 2012. (Photo: Craig Ferguson / Demotix)

Activists and civic groups march in Taipei in protest against the Want Want China Times Group’s planned acquisition of China Network Systems’s cable TV services in Sept 2012.
(Photo: Craig Ferguson / Demotix)

The connections between China and Taiwanese media owners has given rise to concerns, along with some evidence, that the industry is under growing pressure to curb reporting on topics detrimental to Chinese interests and cross-strait ties.

The capital, Taipei, erupted in protests when it became known that Tsai Eng-ming, a pro-Beijing businessman, attempted to wrest control of Taiwan’s largest newspaper, the Apple Daily, earlier this year. The attempt failed amid popular outrage. But conversations with several journalists suggest that Beijing continues to exert a quieter influence – involving self-censorship and lucrative business interests – in attempt to avoid further scrutiny.

This is perhaps most prominent at the China Times Group, a Taiwanese media conglomerate that Tsai purchased in 2008. Estimated to be worth up to US$10.6 billion, the snack manufacturer has since led its subsidiaries to become more China-friendly, accepting payment from Beijing in return for camouflaged advertising and one-sided reporting. His flagship daily, the China Times, has been fined multiple times by Taiwan’s media regulators for masquerading advertising as reporting.

“It happens far more frequently than most people realize,” said Lin Chao-yi, the former head of the Association of Taiwan Journalists, that uncovered one such example last year. After receiving a copy of a schedule detailing how a visit from a ranking Chinese official was to be covered, including pre-defined topics and article lengths, Lin then impersonated a China Times employee to ask the delegation how the paper was going to be compensated.

Caught on tape, the Chinese press officer replied that the payment would be wired to a China Times Group subsidiary in Beijing. But far from discouraging such deals from taking place again, Lin said that his report “just made them more careful.” Indeed, accepting Chinese money is not only lucrative business, but also allows the paper to stay on Beijing’s good graces – guaranteeing access from behind China’s Great Firewall – according to sources familiar with the relationship.

The China Times Group’s cosy relationship with Beijing has led some journalists working under its banner to become more aware of what might, and might not, be publishable. Speaking on the condition of anonymity, one China Times reporter said that, there is an “unspoken understanding” of what articles or reports might contradict the paper’s political viewpoint, including, for example, pieces critical of either Beijing or Taiwan’s China-friendly president, Ma Ying-jeou.

“In these cases, we might choose to just drop the subject, instead of choosing to pursue it further,” the reporter said, in words reminiscent of the self-censorship taking place elsewhere in the Chinese-speaking region.

But far from taking place only at the China Times Group, self-censorship is also seen as a necessity by other media groups keen on maintaining access to the Chinese market. Much of this has to do with Taiwan’s highly profitable entertainment industry that feeds thousands of hours of programming each year into local Chinese television channels. Produced by the same media groups that also run cable news stations, coverage of some politically sensitive topics, such as the Dalai Lama or the Falungong movement, are toned down to avoid antagonizing Beijing.

“China uses its vast market as a bargaining chip,” said Cheryl Lai, the former editor-in-chief of the state run Central News Agency, adding that most of this takes place secretly and away from public scrutiny. “They know that most of these media companies are in it for the money. All they have to do is threaten to cut it off.”

The trend towards greater Chinese influence in the media is reflective of the realization that its political objectives of unifying Taiwan, which it claims to be a breakaway province, can be achieved cheaper and more effectively through propaganda, rather than force. Instead of “spilling blood on Taiwan,” an old rallying call for conquering the island by force if necessary, Beijing has deemed it easier to “spill money on Taiwan,” said Lai, who has been writing on China’s growing political sway on the island.

The same trend can be seen elsewhere where China holds political interests, such as Hong Kong, where a large number of publications are ostensibly under its influence. The South China Morning Post, for example, has reportedly been hit by allegations of self-censorship after the appointment of new Editor-in-Chief Wang Xiangwei, a member of the Chinese People’s Political Consultative Congress, a Chinese government body.

In Taiwan, even as most media interests are controlled by large corporations, some with extensive business ties to China, there is, however also a realization that hard-fought press freedoms must be protected. More than 100,000 protestors, including students and reporters, rallied in defence of the Apple Daily during the failed purchase in January this year, with some groups vowing to raise the equivalent funds if it meant protecting the paper’s journalistic integrity.

All this is reason why Beijing is likely to continue and incubate its media influence behind the scenes, at least for now.

Should religious or cultural sensibilities ever limit free expression?

Writer and broadcaster Kenan Malik and art historian and educator Nada Shabout  on one of the art world’s most contentious debates

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Mark Boardman/www.mark-boardman.com

Mark Boardman/www.mark-boardman.com

Dear Nada,

I regard free speech as a fundamental good, the fullest extension of which is necessary for democratic life and for the development of other liberties. Others view speech as a luxury rather than as a necessity, or at least as merely one right among others, and not a particularly important one. Speech from this perspective needs to be restrained not as an exception but as the norm.

The answer to whether religious and cultural sensibilities should ever limit free expression depends upon which of these ways we think of free speech. For those, like me, who look upon free speech as a fundamental good, no degree of cultural or religious discomfort can be reason for censorship. There is no free speech without the ability to offendreligious and cultural sensibilities.

For those for whom free speech is more a luxury than a necessity, censorship is a vital tool in maintaining social peace and order. Perhaps the key argument made in defence of the idea of censorship to protect cultural and religious sensibilities is that speech must necessarily be less free in a plural society. In such a society, so the argument runs, we need to police public discourse about different cultures and beliefs both to minimise friction and to protect the dignity of individuals, particularly from minority communities. As the sociologist Tariq Modood has put it, “if people are to occupy the same political space without conflict, they mutually have to limit the extent to which they subject each others’ fundamental beliefs to criticism”.

I take the opposite view. It is precisely because we do live in a plural society that we need the fullest extension possible of free speech. In such societies it is both inevitable and important that people offend the sensibilities of others. Inevitable, because where different beliefs are deeply held, clashes are unavoidable. And they should be openly resolved, rather than suppressed in the name of “respect” or “tolerance”.

But more than this: the giving of offence is not just inevitable, but also important. Any kind of social change or social progress means offending some deeply-held sensibilities. Or to put it another way: “You can’t say that!” is all too often the response of those in power to having their power challenged. The notion that it is wrong to offend cultural or religious sensibilities suggests that certain beliefs are so important that they should be put beyond the possibility of being insulted or caricatured or even questioned. The importance of the principle of free speech is precisely that it provides a permanent challenge to the idea that some questions are beyond contention, and hence acts as a permanent challenge to authority. The right to “subject each others’ fundamental beliefs to criticism” is the bedrock of an open, diverse society, and the basis of promoting justice and liberties in such societies. Once we give up such a right we constrain our ability to challenge those in power, and therefore to challenge injustice.

The question we should ask ourselves, therefore, is not “should religious and cultural sensibilities ever limit free expression?” It is, rather, “should we ever allow religious and cultural sensibilities to limit our ability to challenge power and authority?”

Best wishes,

Kenan


Mark Boardman/www.mark-boardman.com

Mark Boardman/www.mark-boardman.com

Dear Kenan,

I too regard free speech as a fundamental good and as necessary. On the surface, thus, the simple and direct answer to the question of whether religious and cultural sensibilities should ever limit free expression should be an unequivocal NO! However, the reality is that the question itself is problematic. While free expression, and let’s think of art in this specific case, will always push the limits and “reveal the hidden”, consideration and sensitivity, including religious and cultural sensibility, should not be inherently in opposition. By positioning it as such, the answer can only be reactive. I thus disagree with your argument.

A quick note on “censorship”. Yes, we all hate the word and find it very offensive. It is a word loaded with oppression, but the reality is that censorship in some form exists in every facet of life, personal and public. It is not that one needs to restrict speech in a plural society but that this plurality needs to find a peaceful way of co-existing with respect and acceptance, as much as possible — not tolerance; I personally abhor the word tolerance and find that it generally masks hatred and disdain. No belief is above criticism and nothing should limit our ability to challenge power and authority.

I suppose one needs to decide first the point of this criticism/free expression. Does it have a specific message or reason, and how best to deliver it — or is it simply someone’s personal free expression in the absolute? And if it is someone’s right to free expression, then why is it privileged above someone else’s right — religious and cultural sensibility being someone’s right to expression as well?

For example, and I will use art again, there is a problem when art/the artist is privileged as “genius”, with rights above other citizens — except not really, since the artist is subject to other limitations that may not be religious or cultural, like those of the tradition of expression, funding, law and so on. This is not to say that a religion should dictate expression. We should remember, though, that the marvel of what we call Islamic art was achieved within full respect of Islamic religious sensibilities, but also pushed the limits and critiqued simplicity in interpreting these sensibilities.

Perhaps my view here is less idealistic and more practical, but I see many unnecessary attacks on all sides that do not accomplish anything other than insult and inflame. All I’m saying is that expression is always achieved through negotiations, including limitations.

All the best,

Nada


Dear Nada,

I’m afraid that I was no clearer at the end of your letter than I was at the beginning about your actual stance on free speech. You say you ‘regard free speech as a fundamental good’ and that the answer to “whether religious and cultural sensibilities should ever limit free expression should be an unequivocal NO!”  You then, however, go on seemingly to qualify that unequivocal stance but without actually specifying what it is that you wish to qualify. Where should the line be drawn when it comes to the issue of what is and is not legitimate free speech? Who should draw that line? And on what basis? These are the critical questions that need answering. You write: “It is not that one needs to restrict speech in a plural society but that this plurality needs to find a peaceful way of co-existing with respect and acceptance”. It’s a wonderful sentiment, but what does it actually mean in practice? Should Salman Rushdie not have written The Satanic Verses so that he could find “a peaceful way of coexisting with respect and acceptance”? Was the Birmingham Rep right to drop Gurpreet Kaur Bhatti’s play Behzti after protests from Sikhs? Should Jerry Springer: The Opera ever have been staged (or broadcast)?

You suggest that “one needs to decide first the point of this criticism/free expression. Does it have a specific message or reason, and how best to deliver it — or is it simply someone’s personal free expression in the absolute?” Again, I am unclear as to the point you’re making here. Are you suggesting here that speech is only legitimate if it has “a specific message or reason”? If so,who decides whether it does? During the controversy over The Satanic Verses, the philosopher Shabbir Akhtar distinguished between “sound historical criticism” and “scurrilously imaginative writing”, and insisted that Rushdie’s novel fell on the wrong side of the line. Do you agree with him? If not, why not? You ask: “If it is someone’s right to free expression, then why is it privileged above someone else’s right — religious and cultural sensibility being someone’s right to expression as well?”  This seems to me a meaningless question. A “sensibility” is not a “right”, still less a “right to expression”. If your point is that all people, whatever their religious or cultural beliefs, should have the right to express those beliefs, then I agree with you. That is the core of my argument. What they do not have is the “right” to prevent anybody expressing their views because those views might offend their “sensibilities”.

A final point: to defend the right of X to speak as he or she wishes is not the same as defending the wisdom of X using speech in a particular fashion, still less the same as defending the content of his or her speech. Take, for instance, The Innocence of Muslims, the risibly crude and bigoted anti-Muslim video that provoked so much controversy and violence last year. I would defend the right of such a film to be made. But I would also question the wisdom of making it, and would strongly challenge the sentiments expressed in it. There is a distinction to be drawn, in other words, between the right to something and the wisdom of exercising that right in particular ways. It is a distinction that critics of free speech too often fail to understand.

Best,

Kenan


Dear Kenan,

Nicely said! I believe we are ultimately saying the same thing. It is that “distinction” that you outline in your last paragraph that I call a negotiation between all sides, cultures, etc. My answer is not clear because the issue is not simple! I am saying that it is not a black and white binary divide nor can one “draw a line”. And yes, “who should draw that line? and on what basis?” is critical and essential. I believe that should be reached through negotiation. The “wisdom” of something to exist is as important as its right to exist. But there is also the question of responsibility. Free speech cannot be “inherently good” or bad. The person who utters that speech must claim responsibility for its use and effects. The examples you cite above are not all equal. Yes, they all have the right to exist. But let’s think a bit about the Danish cartoons about the Prophet Mohammed as another example. Were they not an attack aimed to inflame Muslim communities? Was it not part of Islamophobia?

Was the aim not to ridicule and play off people’s fears and prejudices? How were they a critique of Islam? What was the point? It is not that “it is morally unacceptable to cause offence to other cultures” as you once said, but the how and why are just as important as the right to cause that offence. I agree with you that the fear of consequences has become a limitation, but that isperhaps because free speech has been abused.

Perhaps I am looking at this from a different point of view. As an educator, I often face the situation, equally here in the US and in the Middle East, of how to argue a point that has become of specific cultural/religious/political sensitivity to my students. If I offend them here, they will stop listening; in the Middle East, I will not be allowed to continue. What would I gain by doing that? By negotiation I test the limits and push gently. At least in academia, I think we are at a point where we have to teach our students to not get offended by an opposing opinion and to be able to accept various opinions and to be able to accept criticism. I don’t think I can achieve that through shock alone!

Best, Nada


Dear Nada

You write that your “answer is not clear because the issue is not simple”. Perhaps. But surely, if the answer is not simple, that only places a greater imperative to make one’s answers as clear as possible?

You believe that we are “ultimately saying the same thing”. I am not so sure that we are. So, let us try to work out where we do agree and where we don’t.

There are two questions we are debating. The first is about the legal limits to free speech. My view is that the law should not in any way protect cultural or religious sensibilities. All speech should be legal except where it directly incites violence. I assume that is your position, though you have never actually stated it as such. Do we agree on that?

The second question is about how we can define speech that is legally acceptable but morally distasteful. You say that where we draw the moral line “should be reached through negotiation”. But negotiation with whom? And on what basis?

You raise a series of questions about the Danish cartoons, and imply that the cartoons were not legitimate speech but created merely to provoke, and hence should not have been published. You don’t, however, actually say that. So, to clarify, is that your view?

Exactly the same questions were, as I pointed out in an earlier letter, asked about The Satanic Verses, and many came to the same conclusions about Rushdie’s novel: that it was Islamophobic, designed to provoke and inflame Muslim communities, that it ridiculed Islam and played off people’s fears, and so on. The philosopher Shabbir Akhtar described it as an “inferior piece of hate literature”. The liberal Ziauddin Sardar wrote that reading the novel felt like being “raped”. The novelist Rana Kabani insisted that it played upon ancient Islamophobic stereotypes.

In the case of both The Satanic Verses and the Danish cartoons, the majority of Muslims, certainly initially, stayed indifferent to the issue. A vocal minority transformed both into global controversies. So, what does “negotiation” mean in this context? Muslim objection to The Satanic Verses was as deep and as broad as that to the Danish cartoons. Yet, you seem to think that it was right to publish the novel but not the cartoons. Why? And please don’t say “My answer can’t be clear because the issue is not simple”.

In any case, the questions that you raise — Is it Islamophobic? Is the aim merely to ridicule? etc — are different from the question that we are actually addressing: “Should religious or cultural sensibilities ever limit free speech?”. There is, in my view, a moral imperative on free speech advocates to challenge racist and other bigoted speech. I certainly do not that think that about speech that offends cultural or religious sensibilities. On the contrary, the moral imperative is often to transgress such boundaries. It is the conflation of racism and bigotry, on the one hand, and of cultural and religious sensibilities, on the other, that is the problem. Opponents of free speech often conflate these two issues in an attempt to establish a spurious legitimacy for their arguments against the giving of offence.

Best wishes,
Kenan


Kenan Malik is a writer and broadcaster. His latest book is From Fatwa to Jihad: The Rushdie Affair and its Legacy (Atlantic Books)

Nada Shabout is associate professor of art education and art history at the University of North Texas and director of the Contemporary Arab and Muslim Cultural Studies Institute

magazine March 2013-Fallout

This article appears in Fallout: free speech and the economic crisis. Click here for subscription options and more.