UK, USA continue attack of protest rights

After passing the Public Order Bill last year in the UK, which increased the powers of the police to restrict people’s fundamental rights to peaceful protest, the government is looking to restrict protest rights further. The new Criminal Justice Bill is currently being considered by parliament and contains measures designed to clamp down on protesters climbing on national monuments, hiding their face or carrying flares.

In their announcement of the new measures, the Home Office declared that the right to protest is “no longer an excuse for certain public order offences”. Additionally, attorney general Victoria Prentis KC is leading an attempt to outlaw the ‘consent’ defence for climate protesters, which argues that defendants have a lawful excuse for their actions due to their honest belief that those affected by their actions would consent to the damage had they understood the dangers of the climate emergency. This attack on what is one of the last remaining lawful defences available to climate activists has been described by environmental protest group Extinction Rebellion as “concerning”.

“The government would rather curtail our right to protest, and waste valuable court time and public money, than do what everyone agrees is necessary to protect us from the worst climate impacts and cut people’s energy bills,” a spokesperson for the group told Index.

“When political parties keep prioritising narrow private interests ahead of the lives, homes and security of its citizens the solution is to put people in charge through an emergency citizens’ assembly on the climate and nature emergencies.”

This is particularly alarming given the rise in environmental activists facing potential legal action. Hundreds of such campaigners in the UK have received legal threats, leading to claims that states and private companies are using the threat of costly legal action to silence critics.

Michel Forst, the UN special rapporteur on environmental defenders, has previously expressed concerns over the UK’s increasing intolerance of environmental protests, calling the new laws “regressive” and warning of the “chilling effect” they will have on free expression. This statement came in the aftermath of the infamous case of Just Stop Oil campaigners Morgan Trowland and Marcus Decker, who made history last year when they were handed the longest sentences for a peaceful climate protest in living memory. Both have been jailed for more than two and a half years after scaling a bridge on the Dartford Crossing, forcing its closure and causing gridlock for the traffic below.

The current ongoing conflict in the Middle East has increased concerns over protester safety. Since the outbreak of the Israel-Gaza war, weekly marches have taken place in the UK and have become a source of contention in the free expression world. Suella Braverman, for example, stated that waving a Palestinian flag “may not be legitimate” and encouraged a “strong police presence” in response. There have been hundreds of arrests during pro-Palestine protests since the conflict broke out, raising questions over the line between incitement and free speech. In December, nine people were arrested in London after displaying a pro-Palestine banner. Five people were arrested the month before for taking part in a peaceful sit-in at King’s Cross station after refusing to comply with an order to disperse.

This pattern of increasing police powers to clamp down on peaceful protest demonstrates a worrying break from usual democratic principles, which could have serious consequences for free expression in the state.

Anti-protest laws are not just gaining traction in the UK. Similar incidents have occurred in the USA, marking a worrying trend. Earlier this month, freelance journalist Reed Dunlea was arrested while covering pro-Palestine protests in New York. He was officially charged, confusingly, with resisting arrest, but no reason has been given as to why he was being arrested in the first place, particularly as his press pass and media equipment was on full display.

Freelance photographer Stephanie Keith told Index that she saw Dunlea’s arrest in progress as she was covering the protests, but that it wasn’t clear what he was arrested for.

“I was across the street documenting an earlier arrest when I saw a number of NYPD [officers] slamming a fairly large man onto the ground,” she said.

Keith has been covering the recent pro-Palestine protests in the USA and said she has noticed attitudes towards protesters changing in the last few months.

“The NYPD have been much more intolerant of the Palestinian protest in the last two months,” she said.  “Protesters used to be able to march in the streets and now if anyone sets foot in the streets, they are arrested.

“The police have a very different attitude towards the protesters now than they did at the end of last year.”

This incident was one of many to have occurred under New York Mayor Eric Adams, a pro-police candidate. During his term, misconduct complaints against the NYPD have risen to their highest levels in more than a decade.

Outside of New York, the police forces of other US cities have also displayed an increasingly hostile attitude towards protesters. Following the racial justice protests of 2020 that broke out after the murder of George Floyd, at least 19 US cities were made to pay settlements totalling more than $80m to protesters who sustained injuries as a result of law enforcement action.

If such a trend continues, the UK and US will have serious questions to answer over their treatment of protesters. One of the most fundamental concepts of any functioning democracy is the right to peacefully protest. The charge sheet of both the UK and the US is not looking good and we must make sure we don’t look the other way.

2024, the year that four billion go the polls

Happy New Year – I hope…

Entering a new year typically encourages us to reflect on the past 12 months and consider the impact of what is likely to happen in the next 12. Depressingly, 2023 was yet another year marked by authoritarians clamping down on freedom of expression and harnessing the power of digital technology to persecute, harass and undermine those who challenge them.

Not only did the tyrants, despots and their allies attempt to again crack down on any seemingly independent thought within their own territories, several also sought to weaponise the legal system at home and abroad through the use of SLAPPs. Several EU member states, especially the Republic of Ireland, as well as the United Kingdom have found themselves at the centre of these legal attacks on freedom of expression.

SLAPPs weren’t the only threat to freedom of expression in 2023 though – from the crackdown on protesters in Iran, to the ongoing conflict in Ukraine, the continuing repressive actions of Putin and Lukashenka, the end of freedom of expression in Hong Kong, the increasingly restrictions imposed by Modi, the latest war in the Middle East and the ongoing attacks on journalists in South America.

My depressing list could go on and on. However, we desperately need to find some hope in the world, so Index on Censorship ended 2023 with our campaign entitled “Moments of Freedom”, highlighting the good in the world so let’s carry on with that optimism. A new year brings new beginnings after all. So let’s focus on the new moments of light which will hopefully touch our lives this year.

Half the world’s population will go to the polls this year. That’s an extraordinary four billion people. Each with their own aspirations for their families, hopes for their country and dreams of a more secure world.

As a politician it should come as no surprise to anyone that I love elections. The best campaigns are politics at their purest, when the needs and aspirations of the electorate should be centre stage. Elections provide a moment when values are on the line. How people want to be governed, what rights they wish to advance and how they hold the powerful to account. These are all actioned through the ballot box.

There are elections taking place in countries significant for Index because of their likely impact on freedom of expression and the impact the results may have on the current internationally agreed norms, including Taiwan, India, Pakistan, Bangladesh, South Africa, Russia, Brazil, the European Union, the USA and the United Kingdom. And given current events we can only hope for elections in Israel to be added to the list. The list goes on with each election posing different questions and the results having a different impact on the current world order.

Many other human rights organisations will talk about the importance of these elections for international stability, and rightly so. At Index we will focus on what these elections mean for the dissidents, journalists, artists and academics. Our unique network of reporters and commentators around the world will allow us to bring you the hidden stories taking place and will highlight the threats and opportunities each result poses to freedom of expression. As with 2023, 2024 will be a year where Index hands a megaphone to dissidents so their voice is amplified.

The rallying cry for 2024 must be: “Your freedom needs you!” If you are one of the four billion remember that your ballot is the shield against would-be despots and tyrants. It is the ultimate democratic duty and responsibility and the consequences go far beyond your immediate neighbourhood – so use it and use it wisely.

Contents – Having the last laugh: The comedians who won’t be silenced

Contents

The Winter 2023 issue of Index looks at how comedians are being targeted by oppressive regimes around the world in order to crack down on dissent. In this issue, we attempt to uncover the extent of the threat to comedy worldwide, highlighting examples of comedians being harassed, threatened or silenced by those wishing to censor them.

The writers in this issue report on example of comedians being targeted all over the globe, from Russia to Uganda to Brazil. Laughter is often the best medicine in dark times, making comedy a vital tool of dissent. When the state places restrictions on what people can joke about and suppresses those who breach their strict rules, it's no laughing matter.

Up Front

Still laughing, just, by Jemimah Steinfeld: When free speech becomes a laughing matter.

The Index, by Mark Frary: The latest in the world of free expression, from Russian elections to a memorable gardener

Features

Silent Palestinians, by Samir El-Youssef: Voices of reason are being stamped out.

Soundtrack for a siege, by JP O'Malley: Bosnia’s story of underground music, resistance and Bono.

Libraries turned into Arsenals, by Sasha Dovzhyk: Once silent spaces in Ukraine are pivotal in times of war.

Shot by both sides, by Martin Bright: The Russian writers being cancelled.

A sinister news cycle, by Winthrop Rodgers: A journalist speaks out from behind bars in Iraqi Kurdistan.

Smoke, fire and a media storm, by John Lewinski: Can respect for a local culture and media scrutiny co-exist? The aftermath of disaster in Hawaii has put this to the test.

Message marches into lives and homes, by Anmol Irfan: How Pakistan's history of demonising women's movements is still at large today.

A snake devouring its own tail, by JS Tennant: A Cuban journalist faces civic death, then forced emigration.

A 'seasoned dissident' speaks up, by Martin Bright: Writing against Russian authority has come full circle for Gennady Katsov.

Special Report: Having the last laugh - The comedians who won't be silenced

And God created laughter (so fuck off), by Shalom Auslander: On failing to be serious, and trading rabbis for Kafka.

The jokes that are made - and banned - in China, by Jemimah Steinfeld: Journalist turned comedian Vicky Xu is under threat after exposing Beijing’s crimes but in comedy she finds a refuge.

Giving Putin the finger, by John Sweeney: Reflecting on a comedy festival that tells Putin to “fuck off”.

Meet the Iranian cartoonist who had to flee his country, by Daisy Ruddock: Kianoush Ramezani is laughing in the face of the Ayatollah.

The SLAPP stickers, by Rosie Holt and Charlie Holt: Sometimes it’s not the autocrats, or the audience, that comedians fear, it’s the lawyers.

This great stage of fools, by Danson Kahyana: A comedy troupe in Uganda pushes the line on acceptable speech.

Joke's on Lukashenka speaking rubbish Belarusian. Or is it?, by Maria Sorensen: Comedy under an authoritarian regime could be hilarious, it it was allowed.

Laughing matters, by Daisy Ruddock: Knock knock. Who's there? The comedy police.

Taliban takeover jokes, by Spozhmai Maani and Rizwan Sharif: In Afghanistan, the Taliban can never by the punchline.

Turkey's standups sit down, by Kaya Ge: Turkey loses its sense of humour over a joke deemed offensive.

An unfunny double act, by Thiện Việt: A gold-plated steak and a maternal slap lead to problems for two comedians in Vietnam.

Dragged down, by Tilewa Kazeem: Nigeria's queens refuse to be dethroned.

Turning sorrow into satire, by Zahra Hankir: A lesson from Lebanon: even terrible times need comedic release.

'Hatred has won, the artist has lost', by Salil Tripathi: Hindu nationalism and cries of blasphemy are causing jokes to land badly in India.

Did you hear the one about...? No, you won't have, by Alexandra Domenech: Putin has strangled comedy in Russia, but that doesn't stop Russian voices.

Of Conservatives, cancel culture and comics, by Simone Marques: In Brazil, a comedy gay Jesus was met with Molotov cocktails.

Standing up for Indigenous culture, by Katie Dancey-Downs: Comedian Janelle Niles deals in the uncomfortable, even when she'd rather not.

Comment

Your truth or mine, by Bobby Duffy: Debate: Is there a free speech crisis on UK campuses?

All the books that might not get written, by Andrew Lownie: Freedom of information faces a right royal problem.

An image or a thousand words?, by Ruth Anderson: When to look at an image and when to look away.

Culture

Lukashenka's horror dream, by Alhierd Bacharevič and Mark Frary: The Belarusian author’s new collection of short stories is an act of resistance. We publish one for the first time in English.

Lost in time and memory, by Xue Tiwei: In a new short story, a man finds himself haunted by the ghosts of executions.

The hunger games, by Stephen Komarnyckyj and Mykola Khvylovy: The lesson of a Ukrainian writer’s death must be remembered today.

The woman who stopped Malta's mafia taking over, by Paul Caruana Galizia: Daphne Caruana Galizia’s son reckons with his mother’s assassination.

Hacking is far more than a security issue. It chills free speech

The British and US governments have just jointly sanctioned two Russian intelligence operatives for their attempts to derail the democratic process through a series of coordinated cyber attacks. The US State Department is also offering a reward of up to $10M for information on the Russian hackers responsible for the coordinated cyber espionage attack, which is international and spans several years. Targets even included the former MI6 director Richard Dearlove, and more recently scientists at several nuclear facilities in the United States. But what distinguishes this recent wave of Russian cyberattacks is that they are not just targeting governments or politicians.

Civil society became a significant target for Russia’s state backed hackers, including “universities, journalists, public sector, non-government organisations and other civil society organisations”. Paul Mason, a former BBC and Channel 4 journalist, has put out a statement confirming he was targeted by these hackers. At the time his private accounts were hacked, I had been helping Mason work on an article challenging Russian propaganda narratives that were spreading during the Bucha massacre in Ukraine. Overnight we were turned into the latest circulating ‘deep state’ conspiracy theory.

The Mason hack

As we worked, I received an urgent message from Mason saying his emails with me may have been compromised. He published a statement saying he had been “targeted by a Russian hack-and-leak operation”. I then received an email from a Grayzone writer who has also written for Russian state media (Sputnik/RT), saying, “Been going over various emails and DMs of yours. Very interesting…” The writer said he thought my employer and “the academics you're trying to target are likely to be very unhappy indeed when they hear about all this. I think we'd better talk.”

The writer said the email was not a threat. But it was clear to me I was facing an impending reputational attack to harm my career and relationships. This email didn’t resemble the right to reply that journalists usually send posing questions prior to reporting, and it made no mention of an article or outlet.

Within hours the first article hit Grayzone, a website with a pro-Kremlin stance on world events. A series of stories followed linking me to activities of which I had no knowledge and suggested that Mason and I could be part of a nefarious plot to silence critics of NATO in Russia’s war on Ukraine.

I do not, of course, help any government produce lists of people to censor. My work regularly defends transparency and free expression – including that of those I disagree withIndeed my work often questions Western governments, but such questioning must be built on facts.

The author of the Grayzone articles apparently told Politico in 2022 that the emails at the centre of these claims were sent to the organisation anonymously via burner email accounts. The Grayzone has argued that “there is not even hard evidence that Russian hackers were the source of the leaks.”

But this week the UK and US governments issued sanctions against the individuals from hacking group Cold River (also known as Star Blizzard, SEABORGIUM, and the Callisto Group) which was reported to be behind this series of hacks. Cold River, they say, is operated by the Russian intelligence entity, the Federal Security Bureau (FSB), and “selectively leaked and amplified the release of information in line with Russian confrontation goals.”

Hacking freedom of expression

Hacking is normally discussed as a security issue. But this new form of cyber attack significantly threatens freedom of expression as I explain in my recent academic writing. Joe Burton, a professor at Lancaster University, has described this phenomenon as cyber intimidation, “a form of intentional bullying and intimidation that affects how individuals, groups and states act, including the things they do and the things they do not do. This includes the ability to express themselves free of fear of persecution or retribution.”

The UK Foreign Secretary David Cameron said the hackers had “failed”. But some impacts can be difficult to track rendering them invisible, particularly where they silence and suppress activism. And new research indicates cyberattacks cause “equally high levels of psychological distress as conventional terrorism and political violence,” driving political pressure that can escalate conflicts.

Today, aggressive cyber tools are increasingly available for authoritarian regimes wishing to target civil society actors. We ordinary people, not just governments are targeted with lawfare, spyware, social engineering and hacking. Russian hackers, for example, last year also reportedly doxed (malicious publication of personal information) those defending Ukraine. As Citizen Lab has shown, emails hacked from journalists and civil society are also often doctored before they are published, a phenomenon they called “tainted leaks”. Where it is hard for the Kremlin to defeat truth with lies, we see these chilling efforts deployed against researchers and journalists, eroding trust in those delivering any message counter to its interests. The ease at which this can now happen should terrify democracy defenders everywhere.

The hacking of journalists and their sources in particular undermines the ability to privately discuss, research and develop journalism. It also threatens free expression by closing down one side: Rather than contributing to debate, a pre-emptive hack against a journalist halts it.

In the case of Mason’s journalism and my efforts to contribute to it last year, the hack occurred before critical work on those defending Putin’s bloody invasion could occur. For the Kremlin’s hackers and their support alternative credible counter-perspectives cannot be allowed to rise on the left.

A crisis of trust

Conspiracy theories like these proliferate due to a deep crisis of trust in our media and political system. This has its roots in real injustices. But it is also exacerbated by the crisis facing traditional journalism that feeds a rising popularity of news ‘alternatives’. Social media’s engagement-based algorithms then tailor our feed of content to maximize popularity, which of course increases the politically divisive or fear-driven framing of content we see. This business model monetises the most misleading and toxic content, then social media companies are not consistent in responding to the content violating their policies against hacked material. Where cyberattacks are used to intimidate and silence civil society, victims may have limited power to respond. State-backed cyberattacks steal content that can be selectively used to create distrust in reliable journalists, researchers and NGO’s, or to drive anti-government conspiracy theories. Hacks also provoke government reactions that extend secrecy, roll back citizen rights or restrict vital journalism, which can be exploited by Russia to further fuel distrust of government and appetite for hacks – I call this a spiral of “secrecy hacking”. Ironically, increasing efforts by the British government to control information disclosure on national security have fed an information vacuum that provides fertile ground for misleading hacks to spread.

While I welcome sanctions against the Russian hackers, and urge all activists, journalists and scholars to be aware of their technical methods - in the long-term the solutions to Russian hacks lie in tackling our deepening crisis of trust.

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