Academic freedom under threat for more than 50% of world’s population

Academic freedom is under attack. Photo: Edwin Andrade

Students should be encouraged to challenge ideas and question the world around them. Higher education is meant to teach us how to think freely, and for ourselves. Unsettling new data published by the Academic Freedom Index proves that this freedom is under threat. The report finds that academic freedom is in decline for over 50 percent of the world’s population and that many people on campuses worldwide have significantly less freedom today than they did ten years ago. In the past decade, academic freedom has improved in only a handful of countries, affecting just 0.7% of the world’s population. The most populous of these countries is Uzbekistan, a closed autocracy in which universities and scholars still face severe limitations, such as the government’s control over contacts between universities or scholars and foreign entities.

AFI’s data signals a decline across all regions and all region types. Our own ranking, the recently published Index Index, a project that uses innovative machine learning techniques to map the free expression landscape across the globe, shows just how this plays out on a country-by-country basis. Some obvious patterns can be drawn. Dwindling academic freedom clearly correlates to the deterioration of democracy in countries such as Poland, Hungary, Russia and Belarus. Political developments, including military coups in countries such as Myanmar and Afghanistan, have coincided with severe declines in academic freedom. In December 2022, the latter saw a ban by the Taliban on women and girls attending universities, a ruling that illustrates how academic freedom extends beyond what is taught on campuses and delineates one’s freedom to simply exist within academic spaces.

That said, the data shows that declines in academic freedom worldwide have occurred in different political settings and do not always follow the same pattern. Liberal democracies such as the United States of America and the United Kingdom are among the countries under which freedom is proven to be under threat. The AFI attributes this to ‘differences between individual and institutional dimensions of academic freedom’. This demarcates the difference between the freedom of an individual to teach, research and communicate freely and an institution’s autonomy and freedom to operate without government regulation. The AFI report gives a number of examples showing how disaggregation has occurred.

China, for instance, has witnessed a decrease in institutional academic freedom since 2010, when the State Council launched a ten-year strategy for education reform. Chinese universities have since remained in a subordinate position to the party-state, with universities that maintain leadership and management systems controlled by the university’s party committee. The party sets the boundaries of permissible research, exchange, and academics’ public speech. This system facilitated a serious decline in the freedoms enjoyed by academics under President Xi Jinping who has consolidated and centralised power, reestablished the party’s control over information, education and media, and made censorship in China a fact of life. Moreover, the draconian National Security Law enacted in Beijing in 2020 has exacerbated pressure on academic freedom.

The United States, however, presents an altogether different picture. Despite being lauded as a bastion of free expression, the US has seen a visible decline in academic freedom since 2021. This is because educational matters in the USA are largely regulated by individual states, which have increasingly used their authority to interfere in academic affairs. Several Republican-led states have adopted bills that ban the teaching of concepts related to “critical race theory” in universities. Conservative groups have lobbied state legislatures in attempts to withdraw funding from subjects such as gender, minority studies, and environmental science. Some institutions have introduced self-censoring measures following abortion bans to avoid persecution by state governments. In September 2022, Idaho’s flagship university curtailed individual academic freedom by blocking staff from discussing abortion or emergency contraception on campus.

Mexico’s government, led by Andrés Manuel López Obrador, has weakened institutional autonomy by regularly appointing university directors, often resulting in student protests. Attacks on (predominantly female) students, protests against these harassments, and a drug war fought on university campuses has also fuelled a decline in campus integrity, university safety and academic freedom.

The underwhelming glimpse of hope that emerges from this year’s findings (compared with 2022) is that the number of countries with improvements in academic freedom grew from two to five. Overall, the data signals a shift toward a less free world, in a worse state than it was 10 years ago. It’s a tough pill to swallow.

UK Anti-SLAPP Coalition welcomes end of Realtid case

In January 2023, Swedish business and finance publication Realtid confirmed that they had reached a settlement with businessman Svante Kumlin over a legal action Kumlin had taken as a result of articles published in late 2020. Under the terms of the settlement, while Kumlin will pay part of Realtid’s legal fees, Realtid is obliged to share a clarification and apology on its website on three of its articles about Kumlin and his company Eco Energy World (EEW).

The settlement comes more than two years after the legal action against Realtid and their journalists was initiated, and seven months after a judge ruled that the courts of England and Wales did not have jurisdiction over ten of the thirteen defamation claims EEW and Kumlin had initially brought.

Dozens of human rights and media freedom organisations had repeatedly expressed solidarity with Realtid due to the case having been deemed a strategic lawsuit against public participation (SLAPP) from the outset. SLAPPs seek to put pressure on public watchdogs by draining them of time, money, and energy in a bid to silence them.

“Overall, we welcome the fact that Realtid’s SLAPP has come to an end and that their articles will remain online in an unamended format,” the organisations said. “Nonetheless, Realtid and their journalists have paid dearly to defend their public interest reporting, not only financially, but in time and energy also. They will never be made whole.”

“We believe that, once again, this case emphasises the urgent need for concrete action to be taken, including the enactment of robust anti-SLAPP legislation in the UK. It is difficult to imagine a case like this getting this far if more robust protections were in place,” the organisations said. “We need to ensure that public watchdogs are empowered to carry out their work, which is so crucial to our democracy.”

Signed:

Index on Censorship

RSF Sweden

Justice for Journalists Foundation 

ARTICLE 19 

Blueprint for Free Speech

Society of Authors

National Union of Journalists

The Daphne Caruana Galizia Foundation

International Press Institute (IPI)

OBC Transeuropa (OBCT)

Global Witness

Free Press Unlimited (FPU)

Organized Crime and Corruption Reporting Project (OCCRP)

Media Law Resource Center

Xnet, Spain

Spotlight on Corruption

European Federation of Journalists (EFJ)

Association Justice and Environment, z.s.

Swedish Union of Journalists

PEN International 

English PEN

UK Anti-SLAPP Coalition reiterates its support for Carole Cadwalladr

The undersigned organisations reiterate their support for journalist Carole Cadwalladr as the Court of Appeal handed down its judgment in the case taken against her by millionaire businessman and political donor Arron Banks. Banks’ legal action related to two publications in which Cadwalladr had said the businessman was lying about his relationship with the Russian state – one in a TED Talk and one in a tweet.

Last June, Banks lost the libel action against Cadwalladr. At the time, the judge ruled that Cadwalladr had successfully established a public interest defence for the TED Talk, which was the only of the two publications to have reached the threshold for serious harm. While the judge found that Cadwalladr’s public interest defence was no longer applicable after the Electoral Commission exonerated Banks (in April 2020), she did not believe that the continued publication of the TED Talk could cause serious harm to his reputation. In his appeal, Banks argued that the judge should have found that both the TED Talk and the Tweet did seriously harm his reputation after April 2020. 

Yesterday the Court of Appeal upheld Banks’ argument that the continued publication of the TED Talk had the potential to harm his reputation, but it dismissed two other grounds of his appeal, upholding the initial decision to dismiss the claim in respect of the Tweet. Although the court acknowledged that Cadwalladr does not have control over TED’s publications, she will nonetheless be liable for the damages arising from the publication of the TED Talk after April 2020. 

“We are pleased that the judge dismissed the majority of the appeal against Cadwalladr,” the members of the UK Anti-SLAPPs Coalition said. “We have long categorised this case as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr.” SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. 

Last year, the co-chairs of the UK Anti-SLAPP Coalition rebutted Mrs Justice Steyn’s assertion that the case against Cadwalladr was not a SLAPP, highlighting the fact that Banks could have taken action against The Observer or TED instead of her. “In compounding the power imbalance between him and the defendant, [Banks’] decision to take legal action against [Cadwalladr] as an individual adds weight to the categorisation of the case as a SLAPP,” they wrote.

“Last July, the government set out a package of measures aimed at tackling SLAPPs, but it appears that limited – if any – progress has been made at enacting those measures since then,” the organisations concluded. “We once again call on the government to step up. Our democracy relies on the ability of public watchdogs to hold power to account.”

Signed:

Index on Censorship

Justice for Journalists Foundation

Whistleblowing International Network 

openDemocracy

National Union of Journalists (NUJ)

Public Interest News Foundation

ARTICLE 19

English PEN

The Daphne Caruana Galizia Foundation

Committee to Protect Journalists

Protect

Spotlight on Corruption

PEN International

The Bureau of Investigative Journalism

SLAPPS: A Threat to Our Freedom of Expression and Our Democracy

Strategic lawsuits against public participation (SLAPPs) are brought by powerful and wealthy entities against public watchdogs in an effort to compel them to withhold or remove critical coverage, even if it is accurate and in the public interest.

When SLAPPs successfully drive information out of the public domain, they can make it difficult to hold power to account. SLAPPs threaten not only our freedom of information, but our human rights, our rule of law, and our democracies. The use of this tactic to undermine criticism and evade scrutiny has proliferated globally but Ireland has been identified as a jurisdiction of concern in the EU.

How do SLAPPs work and, crucially, what can we do to stop them? At this full-day conference, attendees will hear from lawyers, journalists, academics, politicians, and campaigners, as well as from keynote speakers, UN Special Rapporteur Mary Lawlor, and human rights campaigner Bill Browder. Full schedule to be announced in due course.

This event is organised by Index on Censorship with support from Justice for Journalists Foundation and in partnership with Schuler Democracy Forum in the Trinity Long Room Hub Arts and Humanities Research Institute and Trinity School of Law. The conference will take place in a hybrid format, accessible both via an online livestream and in-person. To get updates on speakers and sessions, please subscribe to Index on Censorship’s newsletter.

When: Thursday 23 March 2023, 9:00 AM – 6:30 PM GMT

Where: Trinity Long Room Hub, Fellow Square, Trinity College, Dublin 2, Ireland

Tickets: Book in-person and online livestream tickets here

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