Can We Talk About This?

A scene from Can We Talk About This? (Photo: Matt Nettheim for DV8)

A scene from Can We Talk About This? (Photo: Matt Nettheim for DV8)

As part of our work on art, offence and the law, Julia Farrington, associate arts producer, Index on Censorship, interviewed Eva Pepper, DV8’s executive producer about how she prepared for potential hostility that the show Can We Talk About This? might provoke as it went on tour around the world in 2011-12.

Background

Can We Talk About This?, created by DV8’s Artistic Director Lloyd Newson, deals with freedom of speech, censorship and Islam. The production premiered in August 2011 at Sydney Opera House, followed by an international tour of 15 countries — Sweden, Australia, Hong Kong, France, Italy, Austria, Germany, Greece, Slovenia, Hungry, Spain, Norway, Taiwan and Korea and the UK between August 2011 and June 2012 — and was seen by a 60,000 people.

Extract from publicity of the show:

“From the 1989 book burnings of Salman Rushdie’s The Satanic Verses, to the murder of filmmaker Theo Van Gogh and the controversy of the ‘Muhammad cartoons’ in 2005, DV8’s production examined how these events have reflected and influenced multicultural policies, press freedom and artistic censorship. In the follow up to the critically acclaimed To Be Straight With You, this documentary-style dance-theatre production used real-life interviews and archive footage. Contributors include a number of high profile writers, campaigners and politicians.”

Q&A

Farrington: How did you set about working with the police for this tour?

Pepper: We focused on the UK with policing; I didn’t speak to any police forces in other countries at all, just in the UK cities we toured to: West Yorkshire Playhouse in Leeds; Warwick Arts Centre; Brighton Corn Exchange; The Lowry in Manchester and the National Theatre in London. But we did have a risk assessment and risk protocol that we shared with every venue we went to. We let them know the subject matter and the potential risks: security, safety of the audiences, media storms, safety of the people who were working on the show. They dealt either with their in-house security, or, in the UK, they would often alert the police as well.

Farrington: How did your preparations with police vary around the UK?

Pepper: We started with the Metropolitan Police, about six months before and told them our plans and that we would also contact other police forces. The National Theatre had their own contacts with the police who were already on standby. We still kept the MET events unit informed, but they [National Theatre] dealt with the police themselves. They were much more clued up, they had a head of security whom I briefed; we talked quite a lot. I made sure that he was copied in when anything a bit weird came up on the internet.

Our first venue was Leeds and we approached them about six weeks before the UK premiere. There was a bit of nervousness around Leeds, because of the larger Muslim population in the area. But we were only just beginning our liaison with the police and it took a little time to get a response. In the end we approached senior officers, but they often didn’t engage personally, just put us in touch with the appropriate unit to deal with.

Farrington: They didn’t see it as that important?

Pepper: They liked to be alerted that something might happen and they assured us that they were preparing. The venues also had their own police liaison; sometimes there was a bit of conflict if they had their own. I probably ruffled a few feathers when I went to a more senior officer.

Our starting point to the police was a very carefully worded letter which set out who we were. We didn’t ask permission to put it on we just alerted them that we might need police involvement. I did have some calls and a couple of meetings with officers, where they reiterated what is often said, which is that the police’s mandate is to keep the peace. It was made clear that they have as much of a duty to those people who want to protest or potentially might want to protest, as they have to allow us to exercise our freedom of expression. In Leeds nothing happened but there was a certain amount of nervousness around it.

Farrington: Where – at the venue?

Pepper: I think we were probably a bit nervous, and the police took it seriously enough. We had contact numbers to call. They were very much in the loop of the risk assessment.

Farrington: Was there a police presence on the night?

Pepper: I don’t remember seeing anybody. There was security of the venue of course, but regional venues only go so far with security. With some venues we were a little insistent that they get somebody upstairs and downstairs for example.

Farrington: And search bags, that kind of thing?

Pepper: We insisted people check in bags. The risk protocols weren’t invented for Can We Talk About This? They were really invented for To Be Straight With You [DV8’s previous show] and just tightened up for Can We Talk About This?. The risk protocols are just bullet points to get people thinking through scenarios.

Farrington: In general how would you describe your dealings with the police?

Pepper: I think generally supportive but we came to alert them that we might need them – there wasn’t a crisis. They said ‘thanks for letting us know let us deal with it.’ We would have quite liked to go through their risk assessments, but that didn’t happen. I think we were a little bit on their radar. They offered to send round liaison people to discuss practicalities around the office – stuff we hadn’t really thought about. It was a little bit tricky to get their attention.

The things we asked them to look out for were internet activity, if there was something brewing; sounds terribly paranoid. If there were issues around our London office or tour venues like hate mail, suspicious packages and then protests. So protest was just one thing our board was concerned about.

Farrington: Did you do anything else with the venue to prepare them for a possible hostile response from the media or a member of the public?

Pepper: I asked every venue artistic director or chief executive to prepare a statement. Lloyd would have been the main spokesperson for us if anything went wrong, but for a regional venue it is important that you are ready with a response and they all did that.

Farrington: What kind of thing did they say?

Pepper: We have supported this artist for the last 20 years. Lloyd has always been challenging in one way or another. This time he is challenging about this and we are going with him.

Farrington: Did you have any contact with lawyers?

Pepper: We looked carefully at the contents of the show. We had used interviews with real people and we wanted to be sure that nothing said was libellous or factually incorrect. So we had things looked at. The lawyer would say have you thought about that, did you get a release for this, are you using this from the BBC, do you have permission, have you spoken to this person, does he know you are doing it? And sometimes it is yes and sometimes it was a no.

Farrington: They pointed out some bases you hadn’t covered?

Pepper: Maybe one. We were really good and a bit obsessive. Sometimes we thought we didn’t have to ask because the information was in the public domain anyway, based on an interview that has been online for ten years for example. And the lawyer would or wouldn’t agree with that. It was good for peace of mind. That’s the thing with legal advice it doesn’t mean that nobody comes after you, because the law isn’t black and white.

Farrington: Were there some venues that you took the show to that didn’t think it was necessary to make special preparations?

Pepper: We always made them aware and we let them handle it. There are certain things that we always did. We asked them to consider security, and certainly PR. I was quite concerned that it would be a big PR story and then out of the PR story, as we saw with Exhibit B, comes the police. The protests don’t come from nowhere usually, somebody comes and stirs things up.

Farrington: Did you prepare the venue press departments?

Pepper: Yes we did, and we quite consciously had interviews, preview pieces before hand, where Lloyd could give candid interviews about the show. Almost to take the wind out of people’s sails, to put it out in the open so nobody could say they were surprised.

Farrington: How did you prepare with the performers for potential hostility?

Pepper: We talked through the risk procedure with them. We also got some advice from a security specialist, about being more vigilant than usual, noticing things that are out of the ordinary; if somebody picks a fight in the bar after the show, find a way to alert the others. So yes, the security specialist had a meeting with us here in the office, but also came up to Leeds to talk to the performers.

Farrington: Did it create a difficult atmosphere?

Pepper: It did yes, it got a bit edgy. Next time I would not do it around the UK premiere. It took a long time to set all of this up. To find the right people, to get people to take it seriously, to have meetings scheduled.

Farrington: It took time to find the right kind of security specialist?

Pepper: It also took a little while to get straight what we needed. We probably tried to figure it out for ourselves for a long time. And then got somebody in after all, just as maybe we, or the board got a bit more nervous. When you talk about protests you always worry about the general public, but as an employer there are the people who you send on tour who have to defend the show in the bar afterwards, potentially they are the targets.

Farrington: But they were behind the show?

Pepper: Yes, undoubtedly. But it’s an uncomfortable debate. There were so many voices in that show and you didn’t agree with every voice and it was never really said what really is Lloyd’s or DV8’s line. I would say that all the dancers were fine, but sometimes if somebody corners you in a bar it gets squirmy. No one is comfortable with everything.

Farrington: Can you summarise the response to the show?

Pepper: We had everything from 1 to 5 stars. We had people that loved the dance and hated the politics, who loved the politics and hated the dance. Occasionally somebody liked both. Occasionally somebody hated both. The show was discussed in the dance pages, in the theatre pages and in the comments pages. So in terms of the breadth and depth of the discussion we couldn’t have been more thrilled. Then we had dozens of blogs written about the show. For us Twitter really started with Can We Talk About This? and it was a great instrument for us. Social media was largely positive, though some people were picking a fight on Facebook at some point. It was very, very broad and very widely discussed.

Farrington: And did you interact with Twitter or did you let it roll?

Pepper: Mostly we let it roll. As part of the risk strategy we had a prepared statement from Lloyd which was very similar to the forward in the programme and anybody who had any beef would be redirected to the statement.

Farrington: Did the venues take this performance as an opportunity to have post show discussion and debate?

Pepper: Lloyd prefers preshow talks because he doesn’t like people to tell him what they thought of the shows. Quite often there is a quick Q&A before. In UK, we had one in Brighton [organised by Index] and one at the National. We had fantastic ones in Norway after the Breivik killings. In Norway they weren’t sure it was relevant and then the killings happened and then I got the call to say now we need to talk about it.
But having pre-show talks is certainly how we decided to deal with it. There is a conflict with having a white middle-aged atheist put on a show about Islam. But the majority of voices in the show were Muslim voices of all shades of opinion. It wasn’t fiction. It was based on his research and based on people’s stories – writers, intellectuals, journalists, politicians and who had a personal story to tell

Farrington: How did you prepare work with the board regarding potential controversies?

Pepper: Really the work with the board started with the previous show To Be Straight With You that already dealt with homosexuality and religion and culture; how different communities and religious groups make the life of gay people quite unbearable, internationally and in this country. And even then, we started to say, ‘can we say this? are we allowed to criticise these people like this?’ and out of that grew the ‘yes, I do want to talk about this’ because if we don’t a chill develops. Can We Talk About This? was a history about people who had spoken out about aspects of Islam that they were uncomfortable with or against and what happened to them.

Farrington: What kind of board do you need if you are going to be an organisation that explores taboos like this?

Pepper: We have got a fantastic board; it is incredibly responsible and so is Lloyd. There is a very strong element of trust in Lloyd’s work. They wouldn’t be on the board if they didn’t support him. But, as employers, they are aware of their responsibilities to everyone who works for us. As a company we have to be prepared in the eventuality that there is a PR or security disaster. What we were really trying to do was avoid that eventuality. We will never know. Maybe nothing bad would have happened. I think that Lloyd now wishes more people had seen it, that a film had been made, that it was more accessible to study by those who want to. He thinks that maybe we were a bit too careful. But as an organisation, as DV8, as an employer I think that we did the right thing by looking after people.

Farrington: What advice could you give to prepare the ground for doing work that you know will divide opinion and you know could provoke hostility?

Pepper:
E: If you can anticipate this you already have an advantage, but it’s not always possible to second-guess who might find what offensive. But if you know, I would suggest you ask yourself what buttons you are likely to push; you have to be confident why you are pushing them – usually in order to make an important point. It’s a good idea to articulate this reasoning very well in your head and on paper. Then you have got to be brave and get on with your project. Strong partners are invaluable, so try to get support. But in the end it is about standing up and being able to defend what you do.

Farrington: So you think you could have gone a bit further?

Pepper: I think if you prepare well you could go a bit further. I don’t think there is a law in this country that would stop you from being more offensive than we were. Every artist has to decide for themselves what they want to say and why they are saying it, and if they can justify it they can go for it.

Case study: Can We Talk About This?

A scene from Can We Talk About This? (Photo: Matt Nettheim for DV8)

A scene from Can We Talk About This? (Photo: Matt Nettheim for DV8)

By Julia Farrington
July 2015

As part of our work on art, offence and the law, Julia Farrington, associate arts producer, Index on Censorship, interviewed Eva Pepper, DV8’s executive producer about how she prepared for potential hostility that the show Can We Talk About This? might provoke as it went on tour around the world in 2011-12.

Background

Can We Talk About This?, created by DV8’s Artistic Director Lloyd Newson, deals with freedom of speech, censorship and Islam. The production premiered in August 2011 at Sydney Opera House, followed by an international tour of 15 countries — Sweden, Australia, Hong Kong, France, Italy, Austria, Germany, Greece, Slovenia, Hungry, Spain, Norway, Taiwan and Korea and the UK between August 2011 and June 2012 — and was seen by a 60,000 people.

Extract from publicity of the show:

“From the 1989 book burnings of Salman Rushdie’s The Satanic Verses, to the murder of filmmaker Theo Van Gogh and the controversy of the ‘Muhammad cartoons’ in 2005, DV8’s production examined how these events have reflected and influenced multicultural policies, press freedom and artistic censorship. In the follow up to the critically acclaimed To Be Straight With You, this documentary-style dance-theatre production used real-life interviews and archive footage. Contributors include a number of high profile writers, campaigners and politicians.”

Q&A

Farrington: How did you set about working with the police for this tour?

Pepper: We focused on the UK with policing; I didn’t speak to any police forces in other countries at all, just in the UK cities we toured to: West Yorkshire Playhouse in Leeds; Warwick Arts Centre; Brighton Corn Exchange; The Lowry in Manchester and the National Theatre in London. But we did have a risk assessment and risk protocol that we shared with every venue we went to. We let them know the subject matter and the potential risks: security, safety of the audiences, media storms, safety of the people who were working on the show. They dealt either with their in-house security, or, in the UK, they would often alert the police as well.

law-pack-promo-art-3

Child Protection: PDF | web

Counter Terrorism: PDF | web

Obscene Publications: PDF | web

Public Order: PDF | web

Race and Religion: PDF | web

Art and the Law home page


Case studies

Behud – Beyond Belief
Can We Talk About This?
Exhibit B
“The law is no less conceptual than fine art”
The Siege
Spiritual America 2014

Commentary

Julia Farrington: Pre-emptive censorship by the police is a clear infringement of civil liberties
Julia Farrington: The arts, the law and freedom of speech
Ceciel Brouwer: Between art and exploitation
Tamsin Allen: Charging for police protection of the arts
Gurpreet Kaur Bhatti: On Behzti
Daniel McClean: Testing artistic freedom of expression in UK courts


Reports and related information

WN-Ethics14-140What Next? Meeting Ethical and Reputational Challenges

Read the full report here or download in PDFTaking the offensive: Defending artistic freedom of expression in the UK (Also available as PDF)

Beyond Belief190x210Beyond belief: theatre, freedom of expression and public order – a case study

UN report on the right to artistic expression and creation
Behzti case study by Ben Payne
freeDimensional Resources for artists
Artlaw Legal resource for visual artists
NCAC Best practices for managing controversy
artsfreedom News and information about artistic freedom of expression


These information packs have been produced by Vivarta in partnership with Index on Censorship and Bindmans LLP.

The packs have been made possible by generous pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street Chambers, Matrix Chambers and Brick Court.

Supported using public funding by Arts Council England


Farrington: How did your preparations with police vary around the UK?

Pepper: We started with the Metropolitan Police, about six months before and told them our plans and that we would also contact other police forces. The National Theatre had their own contacts with the police who were already on standby. We still kept the MET events unit informed, but they [National Theatre] dealt with the police themselves. They were much more clued up, they had a head of security whom I briefed; we talked quite a lot. I made sure that he was copied in when anything a bit weird came up on the internet.

Our first venue was Leeds and we approached them about six weeks before the UK premiere. There was a bit of nervousness around Leeds, because of the larger Muslim population in the area. But we were only just beginning our liaison with the police and it took a little time to get a response. In the end we approached senior officers, but they often didn’t engage personally, just put us in touch with the appropriate unit to deal with.

Farrington: They didn’t see it as that important?

Pepper: They liked to be alerted that something might happen and they assured us that they were preparing. The venues also had their own police liaison; sometimes there was a bit of conflict if they had their own. I probably ruffled a few feathers when I went to a more senior officer.

Our starting point to the police was a very carefully worded letter which set out who we were. We didn’t ask permission to put it on we just alerted them that we might need police involvement. I did have some calls and a couple of meetings with officers, where they reiterated what is often said, which is that the police’s mandate is to keep the peace. It was made clear that they have as much of a duty to those people who want to protest or potentially might want to protest, as they have to allow us to exercise our freedom of expression. In Leeds nothing happened but there was a certain amount of nervousness around it.

Farrington: Where – at the venue?

Pepper: I think we were probably a bit nervous, and the police took it seriously enough. We had contact numbers to call. They were very much in the loop of the risk assessment.

Farrington: Was there a police presence on the night?

Pepper: I don’t remember seeing anybody. There was security of the venue of course, but regional venues only go so far with security. With some venues we were a little insistent that they get somebody upstairs and downstairs for example.

Farrington: And search bags, that kind of thing?

Pepper: We insisted people check in bags. The risk protocols weren’t invented for Can We Talk About This? They were really invented for To Be Straight With You [DV8’s previous show] and just tightened up for Can We Talk About This?. The risk protocols are just bullet points to get people thinking through scenarios.

Farrington: In general how would you describe your dealings with the police?

Pepper: I think generally supportive but we came to alert them that we might need them – there wasn’t a crisis. They said ‘thanks for letting us know let us deal with it.’ We would have quite liked to go through their risk assessments, but that didn’t happen. I think we were a little bit on their radar. They offered to send round liaison people to discuss practicalities around the office – stuff we hadn’t really thought about. It was a little bit tricky to get their attention.

The things we asked them to look out for were internet activity, if there was something brewing; sounds terribly paranoid. If there were issues around our London office or tour venues like hate mail, suspicious packages and then protests. So protest was just one thing our board was concerned about.

Farrington: Did you do anything else with the venue to prepare them for a possible hostile response from the media or a member of the public?

Pepper: I asked every venue artistic director or chief executive to prepare a statement. Lloyd would have been the main spokesperson for us if anything went wrong, but for a regional venue it is important that you are ready with a response and they all did that.

Farrington: What kind of thing did they say?

Pepper: We have supported this artist for the last 20 years. Lloyd has always been challenging in one way or another. This time he is challenging about this and we are going with him.

Farrington: Did you have any contact with lawyers?

Pepper: We looked carefully at the contents of the show. We had used interviews with real people and we wanted to be sure that nothing said was libellous or factually incorrect. So we had things looked at. The lawyer would say have you thought about that, did you get a release for this, are you using this from the BBC, do you have permission, have you spoken to this person, does he know you are doing it? And sometimes it is yes and sometimes it was a no.

Farrington: They pointed out some bases you hadn’t covered?

Pepper: Maybe one. We were really good and a bit obsessive. Sometimes we thought we didn’t have to ask because the information was in the public domain anyway, based on an interview that has been online for ten years for example. And the lawyer would or wouldn’t agree with that. It was good for peace of mind. That’s the thing with legal advice it doesn’t mean that nobody comes after you, because the law isn’t black and white.

Farrington: Were there some venues that you took the show to that didn’t think it was necessary to make special preparations?

Pepper: We always made them aware and we let them handle it. There are certain things that we always did. We asked them to consider security, and certainly PR. I was quite concerned that it would be a big PR story and then out of the PR story, as we saw with Exhibit B, comes the police. The protests don’t come from nowhere usually, somebody comes and stirs things up.

Farrington: Did you prepare the venue press departments?

Pepper: Yes we did, and we quite consciously had interviews, preview pieces before hand, where Lloyd could give candid interviews about the show. Almost to take the wind out of people’s sails, to put it out in the open so nobody could say they were surprised.

Farrington: How did you prepare with the performers for potential hostility?

Pepper: We talked through the risk procedure with them. We also got some advice from a security specialist, about being more vigilant than usual, noticing things that are out of the ordinary; if somebody picks a fight in the bar after the show, find a way to alert the others. So yes, the security specialist had a meeting with us here in the office, but also came up to Leeds to talk to the performers.

Farrington: Did it create a difficult atmosphere?

Pepper: It did yes, it got a bit edgy. Next time I would not do it around the UK premiere. It took a long time to set all of this up. To find the right people, to get people to take it seriously, to have meetings scheduled.

Farrington: It took time to find the right kind of security specialist?

Pepper: It also took a little while to get straight what we needed. We probably tried to figure it out for ourselves for a long time. And then got somebody in after all, just as maybe we, or the board got a bit more nervous. When you talk about protests you always worry about the general public, but as an employer there are the people who you send on tour who have to defend the show in the bar afterwards, potentially they are the targets.

Farrington: But they were behind the show?

Pepper: Yes, undoubtedly. But it’s an uncomfortable debate. There were so many voices in that show and you didn’t agree with every voice and it was never really said what really is Lloyd’s or DV8’s line. I would say that all the dancers were fine, but sometimes if somebody corners you in a bar it gets squirmy. No one is comfortable with everything.

Farrington: Can you summarise the response to the show?

Pepper: We had everything from 1 to 5 stars. We had people that loved the dance and hated the politics, who loved the politics and hated the dance. Occasionally somebody liked both. Occasionally somebody hated both. The show was discussed in the dance pages, in the theatre pages and in the comments pages. So in terms of the breadth and depth of the discussion we couldn’t have been more thrilled. Then we had dozens of blogs written about the show. For us Twitter really started with Can We Talk About This? and it was a great instrument for us. Social media was largely positive, though some people were picking a fight on Facebook at some point. It was very, very broad and very widely discussed.

Farrington: And did you interact with Twitter or did you let it roll?

Pepper: Mostly we let it roll. As part of the risk strategy we had a prepared statement from Lloyd which was very similar to the forward in the programme and anybody who had any beef would be redirected to the statement.

Farrington: Did the venues take this performance as an opportunity to have post show discussion and debate?

Pepper: Lloyd prefers preshow talks because he doesn’t like people to tell him what they thought of the shows. Quite often there is a quick Q&A before. In UK, we had one in Brighton [organised by Index] and one at the National. We had fantastic ones in Norway after the Breivik killings. In Norway they weren’t sure it was relevant and then the killings happened and then I got the call to say now we need to talk about it.
But having pre-show talks is certainly how we decided to deal with it. There is a conflict with having a white middle-aged atheist put on a show about Islam. But the majority of voices in the show were Muslim voices of all shades of opinion. It wasn’t fiction. It was based on his research and based on people’s stories – writers, intellectuals, journalists, politicians and who had a personal story to tell

Farrington: How did you prepare work with the board regarding potential controversies?

Pepper: Really the work with the board started with the previous show To Be Straight With You that already dealt with homosexuality and religion and culture; how different communities and religious groups make the life of gay people quite unbearable, internationally and in this country. And even then, we started to say, ‘can we say this? are we allowed to criticise these people like this?’ and out of that grew the ‘yes, I do want to talk about this’ because if we don’t a chill develops. Can We Talk About This? was a history about people who had spoken out about aspects of Islam that they were uncomfortable with or against and what happened to them.

Farrington: What kind of board do you need if you are going to be an organisation that explores taboos like this?

Pepper: We have got a fantastic board; it is incredibly responsible and so is Lloyd. There is a very strong element of trust in Lloyd’s work. They wouldn’t be on the board if they didn’t support him. But, as employers, they are aware of their responsibilities to everyone who works for us. As a company we have to be prepared in the eventuality that there is a PR or security disaster. What we were really trying to do was avoid that eventuality. We will never know. Maybe nothing bad would have happened. I think that Lloyd now wishes more people had seen it, that a film had been made, that it was more accessible to study by those who want to. He thinks that maybe we were a bit too careful. But as an organisation, as DV8, as an employer I think that we did the right thing by looking after people.

Farrington: What advice could you give to prepare the ground for doing work that you know will divide opinion and you know could provoke hostility?

Pepper:
E: If you can anticipate this you already have an advantage, but it’s not always possible to second-guess who might find what offensive. But if you know, I would suggest you ask yourself what buttons you are likely to push; you have to be confident why you are pushing them – usually in order to make an important point. It’s a good idea to articulate this reasoning very well in your head and on paper. Then you have got to be brave and get on with your project. Strong partners are invaluable, so try to get support. But in the end it is about standing up and being able to defend what you do.

Farrington: So you think you could have gone a bit further?

Pepper: I think if you prepare well you could go a bit further. I don’t think there is a law in this country that would stop you from being more offensive than we were. Every artist has to decide for themselves what they want to say and why they are saying it, and if they can justify it they can go for it.

How exiles are using social media but fear spies listening in

 

Do you see what I see project for UNHCR. Led by Brendan Bannon.

A picture from the Do You See What I See project which teaches photography skills to young refugees, Zaatari camp, Jordan (Credit: Mohamed Soleman/Do You See What I See)

 

In an article from the refugee voices special issue of Index on Censorship Magazine, Jason DaPonte looks at how migrants are using technology to keep in touch with distant relatives, and the security risks this can bring 

“My wife changes her sim card every week,” said Omid, an Iranian refugee who hasn’t seen his wife in the seven years he has been awaiting a decision in his UK asylum case. The couple use Viber, a mobile app that allows free voice calls over the internet, but his wife remains in constant fear of surveillance. Omid is wanted by the Iranian state for political offences. He’s also a convert to Christianity and his wife fears discussing his new religion, as even members of his own family have branded him an infidel.

Refugees may be some of the most excluded people in society, but social media and new technology nevertheless play a crucial role in many of their lives. Across the globe, refugees are finding ways of using them to stay connected to families, homelands and political causes, in ways they couldn’t have a decade ago – even though it can have security implications. A number of refugees, particularly from Syria, suggested they use the free messaging mobile app, WhatsApp, because they believe the messages are secure. Whether WhatsApp messages can be hacked or intercepted is not clear, however.

Ismail Einashe, a British journalist and Africa expert, originally from Somaliland, explained another way social media is changing the refugee experience. He said how his teenage cousin, who fled Somaliland for Austria, uses Facebook for photo-sharing, to craft an image of success and happiness. But this can potentially hide the true difficulties of refugee life.

“My cousin is inspired by American hiphop. He wears baseball caps and baggy jeans – so his friends at home see the glamorous ‘other’ and they don’t see the high unemployment or poverty among refugees. It’s partly encouraging the young generation. Before, people didn’t see what life on the other side could be and now they can see it,” he told Index.

Nearly every refugee interviewed for this article said that free calls on Skype and the ability to connect with relatives for free using standard social platforms (like Facebook) is invaluable to them. But for some, sharing stories from exile goes beyond simple messaging and status updates. Some refugees use blogs and social media channels to publish content banned at home to try to fight the repression they escaped.

Moses Walusimbi fled Uganda’s anti-gay laws for The Netherlands and now runs Uganda Gay On Move – a blog, Facebook and Twitter movement that helps gay Ugandans and Africans who have fled persecution, as well as providing information for those who are left behind and remain under threat.

“When I came to Holland, I realised the more you keep quiet the more you suffer,” Walusimbi told Index. “I was very eager to know if there were any other Ugandans who are in Holland who are like me, in the same situation. And when I started these social media things, many Ugandans responded.”

His movement now has almost 9,000 followers on Facebook, which he says is the most popular platform for his content. He also has followers on Twitter and his blog. Uganda Gay On Move is providing a support network that goes beyond publishing, with many photos of meetings between its members for social and political reasons.

“Uganda Gay On Move is like a family to us now. It’s like a family because we come together, we discuss, we find solutions,” said Walusimbi. These solutions have included the group petitioning and lobbying the Dutch parliament to raise awareness about the denial of the human rights of gay Ugandans and other Africans. It also publishes information that helps asylum-seekers manage their cases and gather evidence. But Walusimbi still worries about those in Uganda who could face jail sentences simply for reading it.

“Ugandan LGBTI people – unless well-known human rights defenders – tend to use false names on Facebook. There is also a danger when people attend internet cafes and do not securely log off. There is also a danger – and I have had several direct reports of family or friends seeing the Facebook pages left open on computers in homes. Some people have been exposed this way,” Melanie Nathan, an LGBTI activist and publisher who has worked closely with African LGBTI movements, told Index. “Using Facebook could result in meetings or revealing real names through trust and then in entrapment.” Walusimbi corroborated that there are real cases where this has happened.

Blogs by and for refugees from various conflict zones are building audiences. The Medeshi Somaliland blog is one example. It was founded with a desire to keep in touch with a dispersed family and diaspora in 2007 by Mo Ali, who left Somaliland to seek asylum in the UK in 2004. His work of aggregating and creating new content quickly became more political.

“There are many websites about Somaliland and those who are publishing there have been harassed by the police. They’ve been ordered to shut down because of being critical of the government on freedom of speech and press,” Ali told Index, saying he knows of at least three websites that have been shut down and explaining why he has to publish from abroad.

Even publishing from the UK, he doesn’t feel totally safe, “I’ve received death threats via email but I published the threat online and nothing happened. I’m still alive. It was just intimidation.”

Like Uganda Gay On Move, Ali has used the blog’s following to campaign, and in 2010 and 2012 rallied more than 1,000 of his followers to lobby outside London’s Parliament for official recognition of Somaliland.

Refugees are working on their own and with professional content and software creators to find bespoke ways to tell their stories. Dadaab Stories and the related Refugee News are two of the most elegant projects that have used the power of free social media tools (particularly Tumblr and YouTube) to help refugees publish stories. In these cases, professional filmmakers and refugees worked together to create ongoing social media coverage of the refugee camp for Somalians in Kenya.

Globally available and free technology platforms are helpful, but tools, platforms and projects are now emerging that are specifically aimed at refugees to allow them to self-organise and connect digitally.

Refunite is a social network designed to connect dispersed families that have low access to technology following displacement. It allows refugees to remain anonymous to everyone other than their family members, which aids those who may not be able to register with formal institutions because they are awaiting asylum decisions or are stateless. The platform currently reaches more than 500,000 refugees and is aiming to connect 1 million during 2015. It is geared towards low-end mobile technology to ensure that nearly anyone can use it. It can even be accessed using an interactive voice response system or text-messaging for those who are illiterate or don’t have internet access.

Low-cost and low-barrier-to-entry technologies such as these are proving to be a key part of connecting refugees in crisis. The UNHCR is telling the world the story of Jordan’s Zaatari camp via Twitter (which has claimed to be the first refugee camp with an official Twitter account). Nasreddine Touaibia, a UNHCR communications associate at the camp described how WhatsApp, a free or low-cost mobile messaging system, is being used by Syrian refugees to self-organise. “Urgent messages are sent to these groups and they are reflected in the Facebook group later. It’s their own emergency broadcast network,” he told Index, describing how WhatsApp had been used to give warnings when flooding occurred at the camp.

South African technology startup Vumi is now trying to build on this trend of using low-cost messaging services to create technical products that can empower refugees to self-organise at scale. Its platform uses mass mobile messaging and low-fi browsing to enable access to civic information.

Building on its success in Libya of technically enabling Wikipedia Zero (a Wikipedia Foundation project which gives access to Wikipedia without data charges in 35 countries) and distributing voter information, the company is now in the planning stages for a project focussed on empowering refugees, in partnership with South Africa’s Lawyers for Human Rights, an NGO that deals largely with refugees in South Africa.

Various NGOs and other services are also using social media to provide platforms that help refugees re-settle. These are largely regionally based and aim to help refugees understand the legal and social contexts they are in. In the UK, the Refugee Council and Bail for Immigration Detainees provide online resources and tools that help refugees build and understand their legal cases. Migrant Voice, another UK-based organisation, provides training and tools to allow migrants (including refugees) to publish and communicate their stories.

Refugees and migrants certainly benefit from the uses of social media that everyone with internet access does; but the emerging platforms in the space are where the traditional model of solitary, isolated migrants can be disrupted. Tools specifically tailored to the needs of the excluded have the potential to create the most significant change in a networked world.

To read other articles from the issue, subscribe to the magazine in print, iPad, or phone find out more here or on iTunes, search for “Index on Censorship”.

This article and photograph is part of Across the wires, the spring 2015 issue of Index on Censorship magazine, and should not be reproduced without permission of the magazine editor. Follow the magazine on @Index_magazine

© Jason DaPonte

Jacob Mchangama: European leaders have long compromised free expression

Photo:

World leaders march in Paris following the recent attacks in France (Photo: European Council)

Jacob Mchangama is the founder and executive director of Justitia, a Copenhagen-based think tank focusing on human rights and the rule of law. He has written and commented on human rights in international media including Foreign Policy, Foreign Affairs, The Economist, BBC World, Wall Street Journal Europe, MSNBC, and The Times. He has written and narrated the short documentary film “Collision! Free Speech and Religion”. He tweets @jmchangama

The brutal attack against Charlie Hebdo has seen European leaders rally round the fundamental value of freedom of expression.

French President Francois Hollande led the way by stating: “Today it is the Republic as a whole that has been attacked. The Republic equals freedom of expression.” Prime Minister David Cameron vowed that Britain will “never give up” the values of freedom of speech, and German Chancellor Angela Merkel called the events in Paris “an attack on freedom of expression and the press — a key component of our free democratic culture.” European Union President Donald Tusk stressed that “the European Union stands side by side with France after this terrible act. It is a brutal attack against our fundamental values, against freedom of expression which is a pillar of our democracy.”

This unified commitment to freedom of expression is both admirable and crucial in the aftermath of the killing of cartoonists armed with nothing more than ink, humour and courage. It is also true that freedom of expression is a fundamental European value and that (Western) Europe allows for a much freer debate than most other places in the world. However, European governments and institutions have long compromised this freedom through statements and laws that narrow the limits on permissible speech. Ironically some of these statements and laws target the very kind of offence that Charlie Hebdo excelled in.

Donald Tusk’s principled defence of freedom of expression stands in stark contrast to a 2012 joint statement issued by then EU High Representative for Foreign Affairs Catherine Ashton, as well as the Organisation of Islamic Cooperation and the Arab League that “condemn[ed] any advocacy of religious hatred … While fully recognising freedom of expression, we believe in the importance of respecting all prophets”. The statement followed the furore over the crude anti-Islamic film “The Innocence of Muslims”, and suggests that mocking prophets is tantamount to religious hatred prohibited under international human rights law and thus exempted from the protection of freedom of expression.

The controversy over The Innocence of Muslims prompted none other than Charlie Hebdo to print its own depictions of Mohammed, including one showing Islam’s prophet naked. That decision drew stern condemnations from the French government. Then Foreign Minister Laurent Fabius remarked that “in the present context, given this absurd video that has been aired, strong emotions have been awakened in many Muslim countries. Is it really sensible or intelligent to pour oil on the fire?”

While Charlie Hebdo has won a number of lawsuits other French figures have been convicted or censored under French law. Last year comedian Dieudonné M’bala M’bala was banned from performing his comedy shows publicly, due to their anti-semitic content. And France is not alone. Swedish shock artist Dan Park was sentenced to six months imprisonment in 2014, over a number of purportedly racist posters deemed “gratuitously offensive” to minority groups by a Swedish court. The owner of the gallery that had displayed the cartoons was also convicted and the posters ordered destroyed.

In 2011, a prominent Austrian Islam-critic was convicted of “denigration of religious beliefs” for stating that the prophet Mohammed “had a thing for little girls”. An elderly Austrian man was found guilty of the same offence for yodelling while his Muslim neighbour was praying. In the United Kingdom, an atheist who left caricatures of the Pope, Mohammed and Jesus in a prayer room in John Lennon Airport was similarly convicted and sentenced to six months imprisonment, though the sentence was suspended. A TV personality’s disparaging social media comments about Scotland and Scots recently prompted Scottish police to tweet that it would “thoroughly investigate any reports of offensive or criminal behaviour online and anyone found to be responsible will be robustly dealt with”.

France and numerous other European countries also have bans against Holocaust denial. In 2010, a Muslim group claiming to expose free speech double standards in the aftermath of the Danish cartoon controversy was convicted after publishing a cartoon suggesting that Jews have made up the Holocaust.

When it comes to countering terrorism, European states increasingly target not only expression that incites terrorism but also expression that may constitute “glorification”. Exactly a week after the attack against Charlie Hebdo, Dieudonné once again ran afoul of the law and was detained over a Facebook post. According to Le Monde at least 50 other cases of terror apology have been opened against people in France since the attack. In Denmark, a number of Islamists have been prosecuted for glorifying terrorism following Facebook postings that seemingly approved of terrorism, including the assault on Charlie Hebdo. Recently British Home Secretary Theresa May unveiled plans that would ban “non-violent extremists” from using television and social media to spread their ideology.

While Europe has a sophisticated and elaborate regional system for the protection of human rights, these institutions have frequently sided with the censors over citizens. In 2008 the EU adopted a framework decision obliging all member states to criminalise certain forms of hate speech. The European Court of Human Rights has found the confiscation of a “blasphemous” film, the conviction of a French cartoonist mocking the victims of 9/11, and the banning of religious fundamentalist group Hizb-ut-Tahrir compatible with freedom of expression. The Council of Europe’s current High Commissioner for Human Rights Nils Muižniekshas called for all 47 member states to enact bans against Holocaust denial and gender based hate speech.

These non-exhaustive examples demonstrate that contemporary Europe’s approach to freedom of expression is far more complicated and far less principled than the statements made by its leading politicians in recent days suggest. It is an approach to freedom of expression based on the premise that social peace in increasingly multicultural societies requires restrictions on freedom of expression in order to avoid offending ethnic and religious groups. Thus in 2004, when Dutch film maker Theo Van Gogh was murdered by an Islamist offended by Van Gogh’s controversial and anti-Islamic film “Submission”, the Dutch minister of justice proposed to revive the country’s blasphemy law which had been disused since 1968.  He argued that “if opinions have a potentially damaging effect on society, the government must act … It is not about religion specifically, but any harmful comments in general.”

Such sentiments might appeal to pragmatists in the wake of the tragedy in France. But there is little reason to think that restricting freedom of expression fosters tolerance and social cohesion across a Europe increasingly divided along ethnic and religious lines, and where anti-semitism and other forms of intolerance is on the rise. In fact such laws seem to fuel the feeling of separateness of modern Europe by legally protecting group identities against offence rather than fostering an identity rooted in common citizenship. While minorities may be offended by disparaging comments, insisting that freedom of expression be limited to protect them from racism and offence, is a very dangerous game at a time where far-right movements with questionable commitment to liberal democracy are on the rise. In this context it should not be forgotten that Dutch politician Geert Wilders once proposed banning the Quran and that the leader of Front National Marine Le Pen wants to ban religious head wear, including the Jewish kippah. The freedoms that (sometimes) allow bigots to bait minorities are also the very freedoms that allow Muslims and Jews to practice their faiths freely. By further eroding these freedoms, no one is more than a political majority away from being the target rather than the beneficiary of laws against hatred and offence. Only by reaffirming a genuine and principled defence of freedom of thought, expression and religion can Europe hope to create a society built on real tolerance and respect for diversity, and where cartoonists neither have to fear gunmen nor jail, but only the moral judgment of their fellow citizens.

This guest post was published on 16 January 2015 at indexoncensorship.org