In conversation with Timothy Garton Ash: A blueprint for freer speech

free speechTimothy Garton Ash is no stranger to censorship. On the toilet wall of his Oxford home, there is a Polish censor’s verdict from early 1989 which cut a great chunk of text from an article of his on the bankruptcy of Soviet socialism.

Six months later socialism was indeed bankrupt, although the formative experiences of travelling behind the Iron Curtain in the late 1970s and throughout the 1980s — seeing friends such as Aleksandr Solzhenitsyn interrogated and locked up for what they published — never left him.

Now, in Free Speech: Ten Principles for a Connected World, the professor of European Studies at Oxford University provides an argument for “why we need more and better free speech” and a blueprint for how we should go about it.

“The future of free speech is a decisive question for how we live together in a mixed up world where conventionally — because of mass migration and the internet — we are all becoming neighbours,” Garton Ash explains to Index on Censorship. “The book reflects a lot of the debates we’ve already been having on the Free Speech Debate website [the precursor to the book] as well as physically in places like India China, Egypt, Burma, Thailand, where I’ve personally gone to take forward these debates.”

Garton Ash began writing the book 10 years ago, shortly after the murder of Theo van Gough and the publication of the Jyllands-Posten Muhammad cartoons. In the second of the 10 principles of free speech — ranked in order of importance — he writes: “We neither make threats of violence nor accept violent intimidation.” What he calls the “assassin’s veto” — violence or the threat of violence as a response to expression — is, he tells Index, “one of the greatest threats to free speech in our time because it undoubtedly has a very wide chilling effect”.

While the veto may bring to mind the January 2015 killings at Charlie Hebdo, Garton Ash is quick to point out that “while a lot of these threats do come from violent Islamists, they also come from the Italian mafia, Hindu nationalists in India and many other groups”.

Europe, in particular, has “had far too much yielding, or often pre-emptively, to the threat of violence and intimidation”, explains Garton Ash, including the 2014 shutting down of Exhibit B, an art exhibition which featured black performers in chains, after protesters deemed it racist. “My view is that this is extremely worrying and we really have to hold the line,” he adds.

Similarly, in the sixth principle from the book — “one of the most controversial” — Garton Ash states: “We respect the believer but not necessarily the content of the belief.”

This principle makes the same point the philosopher Stephen Darwall made between “recognition respect” and “appraisal respect”. “Recognition respect is ‘I unconditionally respect your full dignity, equal human dignity and rights as an individual, as a believer including your right to hold that belief’,” explains Garton Ash. “But that doesn’t necessarily mean I have to give ‘appraisal respect’ to the content of your belief, which I may find to be, with some reason, incoherent nonsense.”

The best and many times only weapon we have against “incoherent nonsense” is knowledge (principle three: We allow no taboos against and seize every chance for the spread of knowledge). In Garton Ash’s view, there are two worrying developments in the field of knowledge in which taboos result in free speech being edged away.

“On the one hand, the government, with its extremely problematic counter-terror legislation, is trying to impose a prevent duty to disallow even non-violent extremism,” he says. “Non-violent extremists, in my view, include Karl Marx and Jesus Christ; some of the greatest thinkers in the history of mankind were non-violent extremists.”

“On the other hand, you have student-led demands of no platforming, safe spaces, trigger warnings and so on,” Garton Ash adds, referring to the rising trend on campuses of shutting down speech deemed offensive. “Universities should be places of maximum free speech because one of the core arguments for free speech is it helps you to seek out the truth.”

The title of the books mentions the “connected world”, or what is also referred to in the text as “cosmopolis”, a global space that is both geographic and virtual. In the ninth principle, “We defend the internet and other systems of communication against illegitimate encroachments by both public and private powers”, Garton Ash aims to protect free expression in this online realm.

“We’ve never been in a world like this before, where if something dreadful happens in Iceland it ends up causing harm in Singapore, or vice-versa,” he says. “With regards to the internet, you have to distinguish online governance from regulation and keep the basic architecture of the internet free, and that means — where possible — net neutrality.”

A book authored by a westerner in an “increasingly post-western” world clearly has its work cut out for it to convince people in non-western or partially-western countries, Garton Ash admits. “What we can’t do and shouldn’t do is what the West tended to do in the 1990s, and say ‘hey world, we’ve worked it out — we have all the answers’ and simply get out the kit of liberal democracy and free speech like something from Ikea,” he says. “If you go in there just preaching and lecturing, immediately the barriers go up and out comes postcolonial resistance.”

“But what we can do — and I try to do in the book — is to move forward a conversation about how it should be, and having looked at their own traditions, you will find people are quite keen to have the conversation because they’re trying to work it out themselves.”

Back to the USSR: Punitive psychiatric treatment returns to Russia

Punitive psychiatric treatment is returning to Russia. This is a throw back to Soviet times, with opposition activists condemned by a kangaroo court to bogus psychiatric treatment courses, with no chance of release until a doctor says so.

Mikhail Kosenko, 39, last week became the highest profile case when he lost his appeal case against enforced psychiatric treatment. As such he will be interned immediately at a state-owned medical facility in Moscow. At worst, his sentence could be for life, with no chance of parole, as his release depends on vaguely described criteria. His assessment will also be made by doctors whose political neutrality is not guaranteed.

In 2012, Kosenko was arrested by Moscow police after taking part in a peaceful protest against Putin in Bolotnoya Square. Charged with rioting, he spent much of the next twenty two months behind bars. When his sentence was read out in court last October, his sister Kseniya, told the BBC : “I have an awful feeling. There are really frightening stories about what goes on in these places.”

Kseniya describes her brother as “a very quiet, homely type of guy.” She confirms various inspecting doctors reporting that he’s very shy – “shunning any kind of violence.”

Kosenko did have a pre-existing psychiatric condition when he was arrested – slow on-set schizophrenia diagnosed in 2001. But after medication and good advice, the condition was very much under control. Kosenko had never shown any tendency to be violent, according to his doctors.

Tanya Lokshina, Russia Program Director and Senior Researcher at Human Rights Watch, opposes the ruling.

“Mikhail’s case simply reminds me of the Soviet Union,” Lokshina warns. She tells how punitive psychiatry was a tool that was rarely used, but always with devastating effect. “Back then the medications used were really heavy, they were designed to slow down movements and just keep you out of the way.”

It’s impossible know exactly what treatments are now in store for Kosenko. But whatever is to come, it will only end if Kosenko dies, renounces his politics, or wins a final case of appeal at the Supreme Court. This is his last chance, but it could be some time. Lokshina remembers that when Pussy Riot took an appeal case to the Supreme Court, they had to wait a year before their case was heard. In the meantime, Kosenko’s treatment will continue.

The only medical evaluation the court heard was conducted by the Serbsky Institute in Moscow. Their crebility was disputed by medical experts, including the head of Russia’s Independent Psychiatric Association, when they noted that the assessment had completely omitted any reference to Kosenko’s successful ten years of self-medication, with no history of violence. Serbsky Insitute is also owned and operated by the state. The judge threw out a petition to have a second medical assessment.

Lokshina tells me there have been a few cases recently – but this is by far the worst. Amnesty International call it “an abhorrent return to Soviet-era practices.” The weeping sister of Kosenko told the BBC she felt “physically sick” when she heard that her brother had been found guilty.

Putin is turning to medieval, desperate measures as he balances himself on a rattling economy, a tonne of debt and a country that is too big to govern. Those with the bitterest memories, like Ukraine, Poland and the Baltic states, fear a renewed bid to expand borders permanently, especially looking at adventures into Crimea.

But Putin is smarter. He must distract the population from a certain amount of oligarch asset-stripping and poor management, which has become epidemic under his reign. But he also must not overstretch or overspend. Enter the Roman strategy of “bread and circuses,” minus the bread.

Putin’s inaugural circus took place during the Georgia invasion in 2008, and according to Mark Adomanis remembering the war in Forbes magazine “bathed Russia in a warm patriotic glow.” Putin’s ratings took a generous bump as a result.

But Admonanis predicted, just two months ago, that Putin’s ratings would have dipped by the end of this year. The economy was weak and Sochi had been a slightly uncomfortable experience for anyone even remotely Russian.

Sadly Adomanis, nor anyone outside Putin’s inner circle, could not reasonably have predicted Putin’s subsequent gamble in Crimea.

The incursion has seen approval ratings leap from sixty five to eighty percent almost over-night. That is an extraordinary success.

Yet while Crimea has been a successful though highly irritating move, Putin’s political future is still at risk. The balance of world media commentary has been unapproving. The lies he is telling about dangerous neo-Nazi gangs have been proved as untruths, journalists have exposed the role of vicious nationalist thugs (on the Russian side), and Putin’s cheeky disregard for international law condemned. His domestic woes also go on regardless – senior officials within the Kremlin admit that the capital outflows and fall in the stockmarket are far greater than they had forecast. There certainly isn’t any capacity for “bread.”

Facing criticism at home and abroad – Putin turns to censorship and propaganda to secure himself domestically and reap political reward out of Crimea. Any oppositionist media has been bloodily censored. Reports of self-censorship are leaking out from the remaining clutch of titles.

There are three varieties of public criticism which particularly irk Putin. First, a human rights group can get hold of and successfully publicise a story (Kosenko). Second, a one-off event focuses the world on Russia (Sochi). The third is that Russian activists go out onto the streets (again Kosenko’s case, see also Pussy Riot).

In each scenario, Putin potentially loses. But he’s developed mitigation strategies. The first is to denounce foreign criticism as biased and baseless. The second is to claim it’s-a-great-big-Western-plot-we’re-the-victims-don’t-worry-Putin-here-will-rescue-you. The third is to allow some freedom of speech, but only as an opposition release valve. The fourth is to treat protesters like animals.

Street-marches are targeted by violent thugs, who act with suspicious impunity. But it’s the judiciary, and their shoddy self-discipline, who play the more important role. There were serious judicial errors in Kosenko’s case. Other victims have seen key witnesses prevented from giving testimony. Or biased “expert opinions.” Or paid goons threatening the families of the accused.

Putin’s actions abroad might bring back memories of Communist Russia, but Putin probably doesn’t see it this way. Putin needs the circuses of Georgia and Crimea, even if he can’t afford bread back home. He has also applied a blanket of censorship on the media.

Now Putin is turning to psychiatric institutions in a bid to remain in power.

This article was published on March 31, 2014 at indexoncensorship.org

What does book banning say about a society and government?

A publicity shot from Lucien Bourjeily's latest play

A publicity shot from Lucien Bourjeily’s latest play

Banning a work of art, a book or a play says more about a society and its temperament than anything else. As free speech and readers mark Banned Books Week, Index on Censorship magazine editor Rachael Jolley looks at Lebanon, where the country’s Censorship Bureau has recently flexed its muscles

In the past few weeks, Lebanese playwright Lucien Bourjeily has had his play Will It Pass or Won’t It? banned by his government. Ironically, the play is about censorship, specifically the process in Lebanon whereby plays are passed by the Censorship Bureau of the General Security Office — or not performed.

Bourjeily’s play dramatically challenged that process. But the censors did not see the funny side of his finger poking at a system that involves playwrights putting their words through the wringer of a censorship process, before being squeezed out again.

The censors came up with a variety of reasons why the play should not be shown, ranging from it not being “realistic” (surely missing the point of fiction there), to it not being good enough. Those in charge decided it was not for the people to decide whether it was worthy of their time, it was for them. And with that the play was to be banned.

Banning a work of art, a book or a play says more about the society and its temperament than anything else. Some nations are less than confident about themselves; they are clearly worried that if their ideas are questioned they will be weakened and their power diminished.  Ban a book or a play if you worry that by talking an idea or a principle that discussion will somehow harm society. If you don’t worry about your values, principles or laws being discussed since you are perfectly willing and able to defend them, then there is no need for a work of art, book or play to be censored.

A robust, vibrant and creative society is a place where open discussions can take place, and Index on Censorship magazine, throughout its life, has often helped publish some important writings which were censored in other parts of the world, and smuggled out to Index. When the Soviet Union still existed, great thinkers there were censored and silenced, and Index helped their voices to be heard. Today it still seeks to help publish those whose words and ideas are silenced by their own governments. In its winter edition it will publish an extract from Bourjeily’s play so that readers can make up their own minds about whether it is worth performing.

Healthier societies do not hold back debates, even when they may disagree with them. They allow them oxygen to see how worthy of consideration they are. Ideas can shock or offend. Robust societies can cope with that, and even feel healthier for it.

Prodding and debating, as any writer, politician, thinker, inventor or scientist knows, is good for an idea or a thesis; it might be flawed, disproved or ignored.  Or not. In the same way that scientists depend on their ideas being tested to see if they work and should be developed, leaders of nations should expect their proposals, their laws or processes to be prodded, debated and discussed. And that is what happens in a book or a play.

In a recent interview, Bourjeily said he felt that the Lebanese were treating their people as children, not allowing them to make their own decisions. Because of that, they were no longer expressing ideas in public, because of the consequences. They are self censoring, they are not exploring. None of that is good for any developing society. Inventors and scientists are attracted to those vibrant centres as are artists and writers. Across the world and throughout history those buzzing hives of thought have led the globe financially and culturally. As ever an open lively society attracts the world’s leading thinkers and creators, a place where censorship and fear is rife does not. Leaders of the world take note.

Rachael Jolley is editor of Index on Censorship, an award-winning magazine, devoted to protecting and promoting free expression. International in outlook, outspoken in comment, Index reports on free expression violations around the world, publishes banned writing and shines a light on vital free expression issues through original, challenging and intelligent commentary and analysis, publishing some of the world`s finest writers.

To mark Banned Books week, Index’s publisher SAGE has freed up access to the full archive of Index on Censorship through 28 Sept.  Access articles here: http://ioc.sagepub.com/

This article was originally posted on Sage Connection