Index on Censorship

Index on Censorship is one of the world's leading repositories of original, challenging, controversial and intelligent writing on free expression issues. Index on Censorship continues to log free expression abuses in scores of countries world wide in its Index Index section, reports on censorship issues from all over the world, and has added to the debates on those issues.

Balibo Five still haunt Indonesia

A forthcoming film about slain Australian journalists is causing a stir in Jakarta, writes David Jardine

The announcement of the coming production of a film about the Balibo Five, the Western journalists allegedly executed by the Indonesian military in 1975, has elicited an equivocal response from the Indonesian foreign ministry. Indonesia has long tried to bury the story but it has remained on the radar, particularly in Australia, due to the stubborn persistence of relatives of the dead men.

Indonesia’s foreign ministry has said that the film Balibo, which will star Australian-born star Anthony LaPaglia, should include the Indonesian official point of view.

The five men were killed in East Timor in 1975 at the time of the Indonesian military invasion of the former Portuguese colony, which then underwent a 23-year occupation that cost the lives of some 250,000 East Timorese. The newsmen’s bodies were burned in a clear attempt to hide the evidence.

The Australian government long denied having any prior knowledge of the impending attack or that the men from an Australian television station were in harm’s way. This story was permanently rubbished in 2000 with the release of Foreign Affairs files by Canberra.
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Turkey: 301 strikes again


A publisher has been sentenced to five months in prison for ‘insulting the Turkish Republic’. Index on Censorship reports

A Turkish publisher has become the latest victim of the notorious article 301, which makes it a crime to ‘insult the Turkish republic’.

A judge ruled that Ragip Zarakolu, who published British author George Jerjian’s The Truth Will Set Us Free, had broken the law, by printing references to the Armenian ‘genocide’ of 1915. The Turkish government does not dispute that many Armenians were killed in 1915, but refuses to recognise the events as genocide.

Zarakolu has been sentenced to five months in prison.

Speaking to Index, Zarakolu said he believed the decision to convict him had been made from the start. ‘The judge and prosecutor were harsh. It was an ideological court — on a mission to defend the system and the state philosophy.’

He also suggested the politics of his case were determined by the extent to which the AKP government, with its roots in Islam, feels under threat in the current climate. A case opens in a Turkish court next month seeking a ban on the AKP — many in Turkey’s establishment see the religious party as a threat to the secular principles of the state.

‘Everyone is playing their own game — it’s like an arm-wrestling contest and I’m in the middle.’

Zarakolu will appeal the sentence, and has plans to take the case to the European Court of Human Rights.

Malik ruling victory for investigative journalism

Shiv MalikToday’s ruling may help to fend off ‘fishing expeditions’, writes
Padraig Reidy

A London court today ruled that the production order served on journalist Shiv Malik was ‘too wide’ in its scope.

Malik, who was written extensively on UK jihadists and extremism, was served a production order for materials relating to his book Leaving Al Qaeda, co-authored with former Al Muhajiroun member Hassan Butt.

Greater Manchester Police Counter Terror Unit must now draw a new, more specific, production order, to be presented to the court on 26 June.

Speaking after the ruling, Malik said: ‘In an age of terrorism and counter terrorism, and wide-ranging, dragnet legislation, the courts have taken it upon themselves to limit the powers handed down by the government to the police. They have denied the police the right to go on unlimited fishing expeditions. In doing so they recognised the right of sensible and determined journalists to protect confidential sources.

‘They have also raised their concerns in regards to the direct prosecution of journalists when it comes to withholding information in terror investigations. In a free society journalists should never themselves be prosecuted for carrying out their regular functions, and I am grateful to the judges in the high court for raising their concerns on this point of law.’

Jeremy Dear of the National Union of Journalists, which supported Malik in the case said: ‘Today’s judgment isn’t just a victory for Shiv Malik. It’s also a victory for all those who believe in the importance of investigative journalism.

‘The ruling sends a clear signal to the police that they can’t see journalists as simply another tool of intelligence gathering.’

‘The NUJ backed Shiv Malik’s case because journalism matters, and we will continue to challenge those who fail to respect its vital role in our democracy.’

Index honoured at Amnesty awards

Index on Censorship magazine was awarded the Amnesty International Media Award for best periodical at a ceremony in London on Tuesday. The award was given for a series of articles from the issue ‘How Free is the Russian Media?’.

Presenting the award to Index’s Jo Glanville, Private Eye editor Ian Hislop said that the articles, by Fatima Tlisova, Sergei Bachinin and Alexei Simonov represented ‘brave, impassioned journalism as stunning defences of principle’. National Union of Journalists Secretary-General Jeremy Dear described the issue as ‘a brilliant piece of work’.

Read more about Amnesty International’s Media Awards here

Click links below to read the award-winning articles (pdfs)

Crime Without Punishment - Alexei Simonov

Nothing Personal - Fatima Tlisova

Under Pressure - Sergei Bachinin

Blogging: a hazardous business


Online criticism of politicians is not tolerated in Singapore, writes David Jardine

Singapore, long known for what is sometimes described as ‘soft authoritarianism’ is a dangerous place in which to post dissident blogs. The latest person to discover this is Gopalan Nair, a US citizen of Singaporean origin.

Nair, in his Singaporean days a lawyer and activist for the opposition Workers’ Party, is the latest to fall foul of Minister Mentor Lee Kuan Yew’s penchant for suing his critics in an effort to both bankrupt them and silence them. Now an immigration lawyer in California, Nair claims on his blog Singapore Dissident that he was ‘harassed and persecuted by Lee’ and this was his reason for taking up citizenship in the USA.
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Something must be done

The government’s latest legislation on ‘extreme pornography’ is based on ill-informed notions, writes
Julian Petley

Question: what do Lady Chatterley’s Lover, Last Exit to Brooklyn and Inside Linda Lovelace have in common? Answer: they were all subject to failed prosecutions under the Obscene Publications Act 1959 & 1964 (OPA). Next question: what do the Protection of Children Act 1978, the Video Recordings Act 1984, the Criminal Justice Act 1988 and the Criminal Justice Act 2008 have in common? Answer: they are all attempts to circumvent the OPA, whose provisions the censorious have long agitated against as overly liberal and ‘permissive’.

Thanks to the last of these measures, those suspected of possessing the ‘wrong’ kind of pornography can now look forward to having their homes and offices trashed by the police and their reputations publicly dragged through the mud; if convicted, they could languish for up to three years in prison. So how did we arrive at this extraordinary state of affairs?
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Al Dura controversy continues

A recent French court decision leaves us no closer to the truth about footage that shook the Middle East, writes Natasha Lehrer

A seven-year debate over the authenticity of the footage of the death of Mohammed al Dura in the arms of his father Jamal reached a new stage on 21 May when the Paris Court of Appeal overturned a defamation verdict against blogger Philippe Karsenty.

In 2004 Karsenty joined the chorus voicing scepticism about the al Dura footage. He accused the veteran France 2 Middle East correspondent Charles Enderlin, who provided the voiceover for the report from Gaza, which was filmed by freelance cameraman Talal Abu Ramah, of knowingly having broadcast faked footage of the shooting at the Netzarim Junction on 30 September 2000. Enderlin and France 2 have consistently rebutted this accusation and have so far taken four bloggers, including Karsenty, to court. In the original court case, in 2006, the court did not demand that France 2 hand over the rushes. Karsenty was found guilty of defamation.
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Junta fails to see the funny side of comic’s stand for cyclone victims

ZarganarBurma’s junta has arrested dissident comedian Zarganar and put a stop to his aid work for Cyclone Nargis victims. Rohan Jayasekera reports

The Burmese junta, criticised at home and abroad for its incompetent handling of the Cyclone Nargis disaster and for seizing emergency aid intended for its victims, has further dismayed its critics by arresting the Burmese dissident comedian Zarganar and halting his rescue works.

Zarganar, who put his considerable name behind an independent aid campaign after the disaster, was arrested on 4 June, according to reports by the authoritative Burmese news website the Irrawaddy.

‘The objective seems to be to silence one of the best-known critics of the regime,’ said Index on Censorship chief executive Henderson Mullin. ‘The junta has not only silenced him, they have put a stop to one of the few actions that have been able to turn words of sympathy into life-saving action on the ground.’
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Ireland: perverse argument

Gay sex, moral crusades and Desperate Dan: the Mayo Echo row has it all, writes Joseph Sexton

A popular community-based website in the west of Ireland was forced to cease operating last week in the fallout that followed the publication of an inflammatory article in a local newpaper attacking alleged gay ‘perverts’.

The article, penned by Tony Geraghty, editor and proprietor of local freesheet, the Mayo Echo, provoked widespread debate on Irish web forums. This quite startling front-page article, which reads like a bad Onion spoof, told the story of a recreational area in Castlebar, Co Mayo being transformed into a latter day Sodom, with hundreds of men visiting on a weekly basis to have anonymous sex with strangers, propositioning young boys, and getting their rocks off whilst thumbing through children’s magazines. Perhaps most horrifying, the article described ‘drooling perverts getting off whilst watching children’ playing at an adjacent playground.
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Malaysia: opportunism behind ban?

What seems like a religious injunction is actually a piece of political censorship, writes David Jardine

A peculiar consequence of Malaysia’s major election upset in March has emerged, with serious implications for freedom of expression.

The opposition coalition, which won the populous central state of Selangor with a promise to sweep through the old National Front (Barisan Nasional) legislation and dispensation, has effected a ban on discussion the Islamic Hadhari philosophy of Federal Prime Minister Abdullah Badawi in mosques and other institutions.
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