“We deserve more on freedom of expression”

Sanaa Seif, the sister of Egyptian writer and activist Alaa abd el-Fattah, speaking at COP27

It shouldn’t surprise anyone reading this that I care passionately about freedom of expression. I have dedicated my life to political engagement and campaigning and have used every right afforded to me under article 10 of the Human Rights Act as I have sought to fix problems in our society.

At Index I spend every day seeking to ensure that those people who are silenced by despotic regimes have a platform for their words and their art. I speak to journalists and stakeholders daily about threats to freedom of speech at home and abroad. After all, Index was founded to protect this most fundamental of human rights everywhere it is threatened.

But there are some weeks when even I am surprised by the scale of news coverage of freedom of speech. Especially in the UK. It increasingly feels like the phrase freedom of speech is dominating political debate as well as the comment pages in our mainstream media. Of course I welcome every mention and the truth, in an age of disinformation, trolling and political populism, is that we need a national conversation about how language, speech and debate need to be protected and cherished as our communication tools evolve and develop.

But in the last week I’m not sure that’s what we’ve seen. I want a debate about freedom of speech and expression. About how to protect and promote media, artistic and academic freedoms. Instead what we have seen is journalists arrested, in the UK, for doing their job and covering the news. We’ve seen an elected politician denounce media outlets for having the audacity to cover protests.

On the international stage we’ve seen a social media platform used by millions of people change dramatically on the whim of a billionaire within a matter of days of his taking ownership. World leaders attending COP27 in Egypt failing in all efforts to intervene in the case of Alaa Abd el-Fattah, a democracy campaigner, imprisoned because he dared to support a political protest. And in the US we’ve once again seen too many politicians undermining the very basis of their democracy as a political tool.

We deserve so much better than this.

We deserve more than political rhetoric about free speech while populists seek to hijack their own definition of free speech for political gain.

We deserve more than token diplomatic gestures when people are rotting in prison for having the audacity to demand their basic human rights.

We deserve more than our police forces arresting journalists and undermining media freedom because they seek to cover the news.

We deserve better. And Index will keep demanding better – at home and abroad.

Letter to UK Foreign Secretary on Salma al-Shehab

Rt. Hon. James Cleverly MP

Foreign Secretary

Foreign, Commonwealth and Development Office

King Charles Street

London

SW1A 2AH

United Kingdom

15 October 2022

Dear Foreign Secretary,

On behalf of the below signed organisations, we would like to congratulate your appointment as Secretary of State for Foreign, Commonwealth and Development Affairs. At a time of significant global uncertainty and unrest, the UK can and must play a leading role in promoting human rights globally. While we appreciate the wide and diverse range of issues facing you and your department, we are contacting you today to draw your attention to the treatment of political prisoners in Saudi Arabia who have been imprisoned for expressing themselves.

The Specialized Criminal Court (SCC), established in 2008 to try those suspected of acts of terrorism, has instead administered disproportionate sentences, including the death sentence, to people solely for expressing themselves online. Cloaked in the language of cybercrime, this has effectively criminalised free expression and has also been brought to bear against individuals outside of Saudi Arabia. 

You will have heard about the shameful case of Saudi national Salma al-Shehab, who was a student at the University of Leeds at the time of her alleged ‘crimes’ – sharing content in support of prisoners of conscience and women human right defenders, such as Loujain Alhathloul. For this, upon Salma al-Shehab’s return to Saudi Arabia, she was arrested and held arbitrarily for nearly a year, before being sentenced to 34 years in prison with a subsequent 34-year travel ban. The fact that the sentence is four years longer than the maximum sentence suggested by the country’s anti-terror laws for activities such as supplying explosives or hijacking an aircraft demonstrates the egregious and dangerous standard established both by the SCC and the Saudi regime to restrict free expression. It also further illustrates the Saudi government’s abusive system of surveillance and infiltration of social media platforms to silence public dissent.

But the actions aimed at Salma al-Shehab did not happen in isolation. In fact, her sentencing is the latest in a longstanding trend that has seen the Saudi judiciary and the state at-large being co-opted to target civil society and fundamental human rights. The same day that al-Shehab was sentenced, the SCC sentenced another woman, Nourah bint Saeed Al-Qahtani, to 45 years in prison after using social media to peacefully express her views. Ten Egyptian Nubians were sentenced to up to 18 years in prison after they were arrested and detained – for two months they were held incommunicado and without access to their lawyers or family – after organising a symposium commemorating the 1973 Arab-Israeli war. Dr Lina al-Sharif was arbitrarily detained for over a year following her social media activism after a group of agents of the Presidency of State Security raided her family home and arrested her without a warrant. A worrying dimension is the use of violence and torture to coerce confessions, as well as ongoing persecution or surveillance following a prisoner’s release, further eroding the legitimacy of the SCC and its verdicts. 

The UK’s close relationship with Saudi Arabia should not bind your hands to upholding human rights commitments and calling out violations when they are brought to your attention, particularly, in the case of al-Shehab, where they relate to the application of Saudi legislation for actions that took place within the territory of the United Kingdom. In fact, this relationship places you in a strong position to call for the release of all prisoners unlawfully held in Saudi Arabia without delay. 

Acting definitively so early in your tenure would be a powerful symbol both to our allies and others that the UK can be a trusted protector of human rights and the rule of law. 

We await your action on this important issue and further support the calls to action outlined by over 400 academics, staff and research students from UK universities and colleges in a letter authored to you and the Prime Minister. 

If you require any more information we would be happy to organise a briefing at a time that works best for you. 

Kind regards,

Index on Censorship

ALQST For Human Rights

SANAD Organisation for Human Rights

CIVICUS 

Electronic Frontier Foundation

Gulf Centre for Human Rights (GCHR)

SMEX 

Vigilance for Democracy and the Civic State

Access Now

Human Rights Watch

PEN International

English PEN

Front Line Defenders

IFEX

Saudi woman’s “death sentence” for using her voice

I love working at Index but it isn’t always an emotionally easy place to work.  Every day my team and I are exposed to some of the most heartbreaking stories of human rights abuses around the world.  We routinely have to read the details of toture, persecution, detention and murder and whilst we try not to become immune to the daily horrors – sometimes that is the only way to do our jobs.

However there will always be a case that makes us collectively stop.  A person’s story that makes us feel impotent.  That touches our hearts.  That demands even more from us. That personifies the reason why Index was established in the first place – and sometimes it won’t be the most graphic of cases – but rather one so unjust we cannot move on.

And that happened again this month.  

There has been limited media coverage about Salma al-Shehab.  An academic, a PhD student at the University of Leeds.  A wife, a mother of two and a Saudi citizen.  She also happened to occasionally use Twitter to support the plight of women in Saudi and to call on those dissidents and clerics who had been detained to be released.  She isn’t a leading political activist or a leading light of a human rights organisation – her PhD is in medicine.

Last year Salma returned to Saudi on holiday and was immediately arrested, tried and convicted by a terrorism tribunal of aiding dissidents seeking to “disrupt public order” and publishing “false rumours”.  Her initial sentence was six years in detention.  However this month, after an appeal, her sentence has been increased to 34 years followed by a 34-year restriction on travel.  For the ‘crime’ of occasionally using social media while in the UK to highlight the detention of others in Saudi Arabia, she will be held in a Saudi prison until she is 68 years old and will not be allowed to leave Saudi Arabia again until she is 102.  

This is the longest sentence ever issued by a Saudi court for a peaceful activist.  To all intents and purposes it is little short of a death sentence.  For the crime of using social media.  

Salma deserves more than the words of protest that come from Index and others, although we do protest her arrest and are horrified by her treatment. She deserves her liberty. She has been imprisoned for using her voice, when in a democratic country, to defend others who no longer are able to be heard. She acted in the best traditions of a dissident.

So from here on in, Index will seek to use its voice to raise hers.  We will not let the world forget her, as she sits in a Saudi prison.  

On the 15th of every month (she was initially arrested on 15 January 2021), we will tell her story. Shining a light on her plight. And in the coming months we will work with partners both in the UK and across the world to make sure her case doesn’t get forgotten as just another case of human rights abuse by Saudi Arabia.   

Elon Musk’s acquisition of Twitter – good for free speech?

On 25 April, Twitter announced that it has entered into a definitive agreement to be acquired by an entity wholly owned by tech entrepreneur Elon Musk in a transaction valued at approximately US$44 billion. He had previously announced that he had amassed a 9% stake in the social media platform.

Ooh, that’s a lot of money.

Elon Musk is not short of a few dollars. He made $175 million from selling his stake in PayPal when it was sold to eBay. He was an early investor in electric vehicle manufacturer Tesla, of which he is now CEO, and he founded rocket company SpaceX. His net worth is estimated at US$264.4 billion, making him the richest person in the world.

Why has he bought Twitter?

Musk is one of Twitter’s biggest users, with 86.2 million followers. He has hinted that he might want to buy it for several years. That said, he has had a love-hate relationship with the platform. In 2018, he suggested on Twitter that he had enough funding to take Tesla private but was subsequently fined $20 million as it had affected the market in Tesla shares, something frowned upon by the US Securities and Exchange Commission.

Why is everyone talking about free speech?

Elon Musk clearly wants Twitter to reconsider its approach to free speech. In the press release on the acquisition, Musk’s only statement was: “Free speech is the bedrock of a functioning democracy, and Twitter is the digital town square where matters vital to the future of humanity are debated. I also want to make Twitter better than ever by enhancing the product with new features, making the algorithms open source to increase trust, defeating the spam bots, and authenticating all humans.”

What does Elon Musk think free speech is?

Elon Musk describes himself as a “free speech absolutist”, posting that he would not remove access to Russian news sources through his satellite internet company Starlink “except at gunpoint”.

Clarifying his position on Tuesday evening, Musk tweeted, “By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If people want less free speech, they will ask government to pass laws to that effect. Therefore, going beyond the law is contrary to the will of the people.”

What about the freedom to criticise him and his companies?

He clearly does not want everyone to have free speech, most notably disgruntled Tesla employees and whistleblowers.

Isn’t Twitter quite hot on free expression anyway?

Twitter says in its policy on freedom of expression that “defending and respecting the user’s voice is one of our core values” and that this commitment is based on the the United States Bill of Rights and the European Convention on Human Rights, as well as being informed by a number of additional sources including the members of its Trust and Safety Council, relationships with advocates and activists around the globe, and by works such as United Nations Principles on Business and Human Rights.

In its policy on hateful conduct, Twitter says, “Free expression is a human right – we believe that everyone has a voice, and the right to use it. Our role is to serve the public conversation, which requires representation of a diverse range of perspectives.

We recognize that if people experience abuse on Twitter, it can jeopardize their ability to express themselves…  For this reason, we prohibit behavior that targets individuals or groups with abuse based on their perceived membership in a protected category.”

What’s this he’s saying about authenticating humans? Sounds a bit weird.

It seems clear that while Musk is keen to allow “lawful” free speech, he is less keen on the ability for people to remain anonymous on the platform.

In its transparency report, Twitter says that “anonymous and pseudonymous speech is important to Twitter”.

Anonymity is particularly valuable for dissidents and for others who fear attack if they reveal their true identity.

Some of the world’s most authoritarian regimes want social media users to have to identify themselves. That should raise a red flag.

Will Musk’s acquisition see Twitter veer to the right?

Musk has been hard to pin down on his political views, with most seeing him as a social libertarian.

One of the criticisms often aimed at Twitter is that it and its staff are too woke.

However, Twitter’s own research shows that mainstream right-wing parties benefit at least as much, and often substantially more, from algorithmic personalisation as their left-wing counterparts.

It also found that content from US media outlets with a strong right-leaning bias are amplified marginally more than content from left-leaning sources.

The million-dollar question: Will Musk ask Twitter to reinstate Donald Trump’s Twitter account?

On 8 January 2021, Twitter announced that it would permanently ban former President Donald Trump from Twitter “due to the risk of further incitement of violence” following the storming of the US Capitol by his supporters.

Musk might try as part of his commitment to free speech to allow Trump back on but Trump himself says he won’t rejoin even though his own Truth Social platform appears to be struggling to make an impact.

And finally, will Musk’s acquisition give China greater influence over Twitter?

Musk’s fellow rocket-loving gazillionaire Jeff Bezos jumped on Twitter to ask whether Musk’s acquisition of Twitter would give the Chinese government “a bit of leverage over the town square?”.

The Amazon founder asked the question in response to another tweet by New York Times reporter Mike Forysthe that pointed out that China was Tesla’s second biggest market after the USA in 2021 and that Chinese battery makers are major suppliers for Tesla’s electric vehicles.

Bezos answered his own question, saying “probably not” and that a “more likely outcome…is complexity in China for Tesla, rather than censorship at Twitter”.

Thousands of Twitter users helpfully pointed out to Bezos that people could ask the same question of him following his acquisition of the Washington Post in 2013. User Sankrant Sanu wrote: “How much leverage does China have over Washington Post given the percentage of goods sold on Amazon that are dependent on that country for supply?