26 Sep 2024 | Europe and Central Asia, News and features, United Kingdom
On Monday 16 September, the United States imposed financial sanctions and visa restrictions on Georgians who they believed to be involved with violent crackdowns on peaceful protests that had occurred in the country’s capital Tbilisi in the spring. The protests were sparked in resistance to the passing of a “foreign agents law”, which shares similarities with an existing law in Russia – raising concerns that the Georgian government is aligning more closely with the Kremlin.
These demonstrations were led by young adults. University students organised and turned out in their thousands, and the majority of protesters on the streets were members of Gen Z. It is commonplace for young people to be vocal about what they believe in, but despite the US supporting the struggle of the youth against their government in Georgia, when it comes to home soil, their commitment to free speech isn’t so steadfast. The US drew condemnation from UN human rights experts regarding the aggressive and harsh measures used by authorities against pro-Palestine protesters on US university campuses – many peaceful demonstrations were met with surveillance and arrests across the country. Further measures are being taken to prevent protests ahead of the 2024/25 academic year, and these have been met with disdain from the American Association of University Professors in a statement made last month.
The USA is far from alone when it comes to recent crackdowns on the right to protest. As Index has previously covered, there have been multiple arrests at both climate protests and pro-Palestine protests in the UK in recent years, and the Conservative government led by Rishi Sunak introduced the much criticised Policing, Crime, Sentencing and Courts Act 2022, the Public Order Act 2023, and Serious Disruption Prevention Orders, all of which significantly inhibit people’s right to protest. This crushing of demonstrations even breached the realms of legality when Suella Braverman was ruled to have passed unlawful anti-protest legislation in 2023. In recent times, the sheer scale of punishment for non-violent protesters in the UK has been brought into the public eye with the sentencing in July of Roger Hallam of Just Stop Oil (JSO) to five years imprisonment, and four other JSO members to four years, for coordinating protests on the M25.
Lotte Leicht, a Danish human rights lawyer who holds the position of advocacy director at Climate Rights International – a monitoring and advocacy organisation that recently put out a statement outlining hypocrisy from western governments regarding climate protests – spoke to Index on this issue, and she believes that the UK is the worst offender.
“The crackdown, and particularly the use of law to sentence non-violent disruption by climate protesters in the UK has stood out as the most severe and most extraordinary measure [from any country]. And one thing that’s very disappointing from our point of view is not to see the new Labour government tackling these draconian laws from the previous government, and taking steps to revoke them,” Leicht said.
She added: “The prevention of UK activists from explaining their motivations for their actions in court, and judges actually preventing them from doing so… As a lawyer, I would say this prevents people from having a fair trial.”
This crackdown on protests has become prevalent in many democracies within ‘the Global North’ in recent years, and examples are not hard to come by. On 11 September, thousands of anti-war protesters in Melbourne, Australia gathered outside a weapons expo, protesting the government’s stance on arms, and the use of such weapons in Gaza. The protests quickly became the subject of great scrutiny when there were violent clashes between Melbourne police and demonstrators, with police allegedly using excessive “riot-type” force, resulting in multiple injuries.
In Germany, pro-Palestine protests have also repeatedly been met with harsh measures, such as bans. The country’s history of anti-Semitism has impacted its attitude towards protests and events that are critical of Israel, causing police to be more heavy handed than in other democracies.
Leicht, who is also the council chairwoman at the European Center for Constitutional and Human Rights (ECCHR), a nonprofit dedicated to enforcing civil and human rights globally, told Index that this increasing anti-protest action from western democracies sets a very worrying precedent.
“This represents a massive deployment of double standards. Because these are the same governments that rightfully stand up for freedom of expression, association and assembly in different corners of the world when authoritarian governments are cracking down horrifically on dissent in their countries,” she said.
“These countries are usually there to say ‘Oh, that’s not good’, and we want them to do that! But by not practising what they preach and undermining these principles at home, they will lose that credibility. In a way, they will provide a green light to authoritarian governments to do the exact same for those that they don’t like. I mean, why not?”
Leicht does, however, believe that a continued struggle against these litigations will not be in vain.
“Protests in the past have also been disruptive, annoying and irritating for those in power — look at the Suffragettes. Now, is that something that we today would say ‘That’s just annoying and irritating’? Many felt so at the time. They were disruptive, they were irritating, they were strong, they were principled – and they were successful. And I think history will tell the same story about courageous climate protesters,” she said.
It is clear that countries positioning themselves as “champions of democracy” must truly allow freedom of expression within their own borders, especially when they set the tone globally. If they continue to infringe upon the rights of people to demonstrate their beliefs and advocate publicly for change, then the future will be silent.
20 Sep 2024 | News and features, Ukraine, United Kingdom
It was a genuine privilege to co-host the UK premiere of the film From Babyn Yar to Freedom this week in collaboration with the theatre company Dash Arts. Made by Ukrainian director Oleg Chorny in 2017, the film tells the life story of the Soviet writer Anatoly Kuznetsov and his mission to bring the world’s attention to the full horror of the Babyn Yar massacre of September 1941. Kuznetsov defected to the UK in 1969 with the smuggled, uncensored text of his masterpiece, Babi Yar: A Document in the Form of a Novel.
Babyn Yar was a ravine in Kyiv that witnessed the “Holocaust by bullets” of 100,000 predominantly Jewish people. However, before the publication of Kuznetsov’s book in the West, the Moscow authorities had insisted on the essentially Soviet-Ukrainian identity of the victims.
The private screening of the film was made possible by the Jewish Community centre, JW3, which hosted the invitation-only premiere. The remarkable film traces Kuznetsov’s life in Kyiv and London by talking to those who knew him, including his son Olexiy, whom the writer left behind in the Soviet Union when he fled to the West.
Unfortunately, it has not been possible to release the film more widely because of a dispute over footage from a 1969 interview with Kuznetsov by CBS News journalist Morley Safer. Index and Dash hope publicity around the screening will held break the deadlock over the rights to the interview.
The screening was followed by a discussion led by Josephine Burton, the artistic director of Dash Arts, who used Kuznetsov’s words in the 2021 production Songs for Babyn Yar. Burton has been a tireless advocate for the film and contacted me after I launched a fundraiser for Kuznetsov’s unmarked grave in London’s Highgate Cemetery. Director Oleg Chorny and assistant producer Natalia Klymchuk fielded questions from the audience over video link from Kyiv.
Several mysteries still surround the story of Kuznetsov. Was he right to suspect he was being targeted by the KGB in London? Was his death from a heart attack at 49 in 1979 suspicious? And why does his surviving daughter not want his grave marked?
Index will follow up on suggestions from audience members about the rights issues over the interview footage and we call on CBS to do the decent thing and ensure the film is released to the wider television and cinematic audience it deserves.
You can read about From Babyn Yar to Freedom in the latest edition of Index. Dash Arts is currently working on a new project on Ukraine, The Reckoning in collaboration with The Reckoning Project, based on testimonies of Russian war crimes in Ukraine.
20 Sep 2024 | News and features, United Kingdom
In August 2021, when the Taliban took over Kabul and home searches became ubiquitous, women started to delete anything they thought could get them in trouble. Books were burned, qualifications were shredded, laptops were smashed. But for 21 members of a women’s creative writing group, a lifeline remained: their WhatsApp group. Over the next year they would use this forum to share news with one another (a story that has since been chronicled in the recently published book My Dear Kabul, which was published by Coronet and is an Untold Narratives project, a development programme for marginalised writers). Doing so through WhatsApp was not incidental. Instead the app’s use of end-to-end-encryption provided a strong level of protection. The only way the Taliban would know what they were saying was if they found their phones, seized them, forced them to hand over passwords and went into their accounts. They could not otherwise read their messages.
End-to-end encryption is not sexy. Nor do those four words sound especially interesting. It’s easy to switch off when a conversation about it starts. But as this anecdote shows it’s vitally important. Another story we recently heard, also from Afghanistan: a man hid from the Taliban in a cave and used WhatsApp to call for help. Through it, safe passage to Pakistan was arranged.
It’s not just in Afghanistan where end-to-end encryption is essential. At Index we wouldn’t be able to do our work without it. We use encrypted apps to message between our UK-based staff and to keep in touch with our network of correspondents around the world, from Iran to Hong Kong. We use it to keep ourselves safe and we use it to keep others safe. Our responsibility for them is made manifest by our commitment to keep our communication and their data secure.
Beyond these safety concerns we know end-to-end encryption is important for other reasons: It’s important because we share many personal details online, from who we are dating and who we vote for to when our passport expires, what our bank details are and even our online passwords. In the wrong hands these details are very damaging. It’s important too because privacy is essential both in its own right and as a guarantor of our other fundamental freedoms. Our online messages shouldn’t be open to all, much as our phone lines shouldn’t be tapped. Human rights defenders, journalists, activists and MPs message via platforms like Signal and WhatsApp for their work, as do people more broadly who are unsettled by the principle of not having privacy.
Fortunately, today accessible, affordable and easy-to-use encryption is everywhere. The problem is its future looks uncertain.
Last October, the Online Safety Act was passed in the UK, a sprawling piece of legislation that puts the onus on social media firms and search engines to protect children from harmful content online. It’s due to come into force in the second half of 2025. In it, Section 121 gives Ofcom powers to require technology companies to “use accredited technology” that could undermine encryption. At the time of the Act’s passage, the government made assurances this would not happen but comments from senior political figures like Sadiq Khan, who believe amendments to the acts are needed, have done little to reassure people.
It’s not just UK politicians who are calling for a “back door”.
“Until recently, traditional phone tapping gave us information about serious crime and terrorism. Today, people use Telegram, WhatsApp, Signal, Facebook, etc. (…) These are encrypted messaging systems (…) We need to be able to negotiate what you call a ‘back door’ with these companies. We need to be able to say, ‘Mr. Whatsapp, Mr. Telegram, I suspect that Mr. X may be about to do something, give me his conversations,’” said French Interior Minister Gérald Darmanin last year.
Over the last few years police across Europe, led by French, Belgium and Dutch forces, have breached the encryption of users on Sky ECC and EncroChat too. Many criminals were arrested on the back of these hacking operations, which were hailed a success by law enforcement. That may be the case. It’s just that people who were not involved in any criminal activity would also have had their messages intercepted. While on those occasions public outcry was muted, it won’t be if more commonly used tools such as WhatsApp or Signal are made vulnerable.
Back to the UK, if encryption is broken it would be a disaster. Not only would companies like Signal leave our shores, other nations would likely follow suit.
For this reason we’re pleased to announce the launch of a new Index campaign highlighting why encryption is crucial. WhatsApp, the messaging app, have kindly given us a grant to support the work. As with any grant, the grantee has no influence over our policy positions or our work (and we will continue to report critically on Meta, WhatsApp’s parent company, as we would any other entity).
We’re excited to get stuck into the work. We’ll be talking to MPs, lawyers, people at Ofcom and others both inside and outside the UK. With a new raft of MPs here and with conversations about social media very much in the spotlight everywhere it’s a crucial moment to make the case for encryption loud and clear, both publicly and, if we so chose, in a private, encrypted forum.
12 Sep 2024 | News and features, SLAPPS hero, United Kingdom
On 11 September 2024, a spoof legal letter from fictitious law firm, Silver, Langston and Percival Partners was sent to every sitting MP in the House of Commons. The letter, claiming to be acting on behalf of an anonymous claimant, calls on MPs to “publicly retract [their] statements and apologise”, or face court proceedings. While it is a spoof letter, it includes language taken from real legal letters that have been sent to public watchdogs in the UK.
The letter was organised by the UK Anti-SLAPP Coalition, a coalition of civil society organisations seeking to put an end to the legal harassment of those speaking out in the public interest. The aim of the letter is to demonstrate to MPs how public watchdogs are being unduly targeted by legal threats and to demonstrate how aggressive those letters are. Legal threats are seldom seen in public as the target is often intimidated into silence.
Without meaningful protections against SLAPPs, those with power and money can continue to abuse the law to silence those speaking out in the public interest. The UK Anti-SLAPP Coalition has documented SLAPP threats targeting a wide range of people including journalists, sexual violence survivors, local community groups and campaigners, and environmental defenders. With the previous SLAPP Bill dead after the announcement of the General Election and no commitment for an Anti-SLAPP law in the recent King’s Speech, there is currently no legislative timetable for picking up where the last government left off. This is despite the issue enjoying strong cross-party support.
Rachel Blake MP (Labour) said:
“SLAPPs are harmful to our democracy. They enable those who can afford it to pursue legal action to silence critical speech and avoid scrutiny, and I would welcome action to prevent their use.”
Jamie Stone MP (Liberal Democrat) said:
“SLAPPs should not be used to suppress freedom of speech and silence criticism. Cracking down on investigative journalism threatens our democracy. We should not risk curtailing the freedoms of our press and our society. A new law is needed to ensure that the importance of journalism and free press in the UK is fairly upheld and protected.”
Nik Williams, Policy and Campaigns Officer at Index on Censorship & Co-chair of the UK Anti-SLAPP Coalition, who coordinated this campaign initiative, said:
“Receiving a threatening legal letter can be a daunting and terrifying experience. We have spoken to many SLAPP targets who have described the turmoil, stress and emotional distress, as well as the financial implications, that this brings. Without a universal and accessible anti-SLAPP Law, everyone who speaks out in the public interest will remain vulnerable to the type of threat sent to every MP. The UK Anti-SLAPP Coalition renews our call for the UK Government to move fast to protect free speech and british courts from the type of abuse that stifles all speech, whether that is a journalist reporting on an oligarch, a sexual abuse survivor naming their attacker, or a local campaigner standing up for their community.”
For press enquiries, please contact: Jessica Ní Mhainín, head of policy and campaigns at Index on Censorship & Co-chair of the UK Anti-SLAPP Coalition: [email protected]
Notes:
● The UK Anti-SLAPP Coalition website
● Photo credit: Tania Naiden
● The legal letter was emailed to every MP on Wednesday 11 September. A printed version of the letter was also posted to a small number of MPs. You can see the letter below.
● The Model Anti-SLAPP Law prepared by the UK Anti-SLAPP Coalition.
Background:
The UK Anti-SLAPP Coalition is an informal working group established inJanuary 2021, co-chaired by the Foreign Policy Centre, Index on Censorship and CliDef. It comprises a number of freedom of expression, whistleblowing, anti-corruption and transparency organisations, as well as media lawyers, researchers and academics who are researching, monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.
