Blunt instruments: Media repression in the Ukraine crisis

Wrestling for the rights to define the Ukrainian conflict, both Russia and Ukraine have utilised a range of tactics to control and limit media coverage in the region. This, alongside, the constant to and fro between media freedom and the skewed official lines has politicised the role of the media and manipulated perceptions of the conflict, further distancing coverage from reality.

Every fact is a battle to be fought and won. Who made up the Ukrainian protest movement? Activists and other members of civil society, or thugs, neo-Nazis or far-right extremists?  What are Russia’s motivations? Geo-political revisionism, a nationalistic desire to rebuild empire or for the protection of a persecuted minority? There is not one answer to questions like these; indeed the answers appear to changes depending on where they come from.

A sure-fire tactic to control the number of answers on offer is to limit the number of journalists able to cover the story. There have been a number of cases across the region where journalists have either been detained or refused entry to key areas of the conflict. In May, it was reported that three journalists, including a writer for Russia Today, had been detained by Ukraine’s Security Services (SBU), with a further three refused entry at the border. With no clarification of the grounds for their detention, as well as refusing them access to legal representation, the legality of such acts is dubious at best; as Human Rights Watch (HRW) states: “Failure to provide information on the whereabouts and fate of anyone deprived of their liberty by agents of the state, or those acting with its acquiescence, may constitute an enforced disappearance.”

This however, is not a tactic employed exclusively by Ukraine. According to the Committee to Protect Journalists (CPJ), Russian authorities and pro-Russian separatists detained five journalists in Crimea and mainland Ukraine. On 2 June in Donetsk, unidentified armed men in camouflage raided the offices of regional newspapers Donbass and Vecherny Donetsk, detaining senior editorial staff, and accusing the publications of “incorrect reporting”. It is reported that the captor’s demands included the stipulations that the editors, “change the papers’ editorial policy”.

This proved to be effective. The deputy editor of Donbass stated that both his paper and Vecherny Donetsk were “discussing the separatists’ demands and were considering shutting down the outlets for fear of future retaliation”.

Beyond limiting the freedom of journalists covering the conflict, state-led censorship and propaganda is creating media vacuums in key areas, promoting narrow and strictly controlled interpretations of the conflict.

Attacks on the media in Russia have ramped up significantly following Putin’s return to the presidency and have taken on a distinct urgency with the continuation of the Ukraine conflict. One example is the legislation pushed through the Duma banning the publication of negative information about the Russian government and military. This positions Russian activities in Ukraine at the heart of controlling perceptions of Russia in the media. Quoting the official explanatory note to the legislation, HRW reports: “’The event in Ukraine in late 2013-early 2014 evidenced…an information war’, and demonstrated the necessity to protect the younger generation from ‘forming a negative opinion of [their] Fatherland.’”

Another key piece of legislation at play in this context is the “Lugovoi Law”, which allows Roskomnadzor, the Russia state body for media oversight, to block online sources without any court approval. One publication that was blocked was Grani.Ru due in part to its criticism of the state’s handling of the Bolotnaya Square protests. Grani.Ru have unsuccessfully appealed the ruling, but Yulia Berezovskaya, director-general of Grani-Ru is not surprised.

Roskomnadzor has not lost a single case against the media. The Office of the Prosecutor General and Roskomnadzor refused to indicate the “offensive” materials that should have been removed from the website so that access could be restored.

Berezovskaya continues to see this as part of a larger shift in the state’s relationship to the media in the light of the Ukrainian crisis: “The Ukrainian crisis is a major part of Russian TV news while domestic issues are not covered.”

Rolling out robust limitations against opposition or independent media outlets in Russia, at times irrespective of the events in Ukraine, guarantees in a large part the allegiances of media bodies covering the crisis. Indeed with many voices absent from the debate, the state can be confident the official line is being towed, at times, irrespective of fact.

The manipulation of fact has come to define a large part of pro-Russia content. Moscow Times reports “when Vesti.Ru described clashes between pro-Russian and pro-Kiev protesters in Simferopol…it showed footage of earlier protests in Kiev, which were more violent.” Channel One, when alleging that violence in Ukraine has sent a flood of refugees heading for Russia’s Belgorod region, used footage, not of the Ukrainian-Russian border, but of the Ukrainian-Polish border.

By restricting who can report on the Ukrainian crisis through access or censorship, the state can identify which untruths should be accepted as “truth” and which truths should not be seen. But as the conflict endures, the battle to shape perceptions, both home and abroad will continue. As it does, how can we identify the true actions, motivations and responsibilities, before untruths take hold and become something more, something resembling and assumed to be fact?

This article was published on 25 June 2014 at indexoncensorship.org

Lawyers representing journalists face arrest says NGO

Index speaks at IAPC meet

Index speaks at the IAPC meet 2014, Vienna

There has been an 18% rise in violence towards journalists compared to the same period last year, International Media Support, an organisation that works in many of the world’s biggest danger zones, told an international journalism conference.

News from Egypt  – as three journalists from Al-Jazeera are sentenced to seven years in prison –  demonstrates the huge threats that journalists can face. The subject was covered in detail at this year’s International Association of Press Clubs annual conference in Vienna, which Index on Censorship attended this month.

“Some countries we just can’t work in,” said John Barker from Media Legal Defence Initiative, who help represent journalists facing legal charges for reporting and presented on their work. “Every time we work in Vietnam, for example, the lawyers are arrested. In many places, we can’t transfer money to them.” Nonetheless, they are currently working on 102 cases in 39 countries.

Other topics for discussion included:

  • The increasing number of freelancers working in danger zones – and with little training
  • How to protect fixers, translators and local journalists
  • Possible methods for funding legal representation (Crowdfunding worked as a recent experiment in Ethiopia, said MLDI)

The event was hosted by Austria’s PresseClub Concordia – said to be the oldest press club in the world (founded in 1859 – reformed in 1946, after having its assets seized by Nazis). It was attended by press clubs from around the world, including Poland, Belarus, Syria, the Czech Republic, the US, India, Ukraine, Mongolia, Germany, and Switzerland. Other NGOs – alongside Index, International Media Support and Media Legal Defence Initiative – included the International Press Institute and RISC (Reporters Instructed in Saving Colleagues).

Index was invited to present on the work the organisation is doing around the world, which included sharing the stories of our Freedom of Expression Awards winners and nominees, and news of our current work, including a crowdsourcing project to map media freedom violations across the EU. Plus we also shared stories from our quarterly magazine – including a report on violent threats to journalists in Tanzania and how news stories are getting out of Syria via citizen reports.

Index also hosted round-table discussion on censorship, which provoked an impassioned debate. One of the most interesting topics covered was on contracts that some journalists are being made to sign on what they can and can’t write. We heard of cases in Mongolia and Germany. We also discussed self-censorship and censorship by complying to advertisers’ will. One attendee from the Berlin Press Club said: “There is no censorship in Germany, but journalists feel like they have scissors in their heads. You have to self-censor before you write.” This is an area that we are researching, so please get in touch if you have experiences and examples.

The meeting also visited a new exhibition on censorship during WW1 and ended with the Concordia Press Club’s annual ball, which is a key fundraiser for the club and attended by over 2,000 guests. See photos from the event below.

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This article was posted on June 24, 2014 at indexoncensorship.org

Groups endorse a United Nations resolution on human rights and the internet 

The following is a transcript of a joint oral statement, led by ARTICLE 19 and supported by several IFEX members, that was read aloud today, 19 June 2014, at the 26th UN Human Rights Council session in Geneva:

Thank you Mr. President,

Two years ago this Council affirmed by consensus that “the same rights that people have offline must also be protected online, in particular freedom of expression”.

In 2014, the outcome document of Net-Mundial in Brazil recognised the vital role of the internet to achieve the full realisation of sustainable development goals. 31 UN Special Rapporteurs recently affirmed that guaranteeing the free-flow of information online ensures transparency and participation in decision-making, enhancing accountability and the effectiveness of development outcomes.

Development and social inclusion relies on the internet remaining a global resource, managed in the public interest as a democratic, free and pluralistic platform. States must promote and facilitate universal, equitable, affordable and high-quality Internet access for all people on the basis of human rights and net-neutrality, including during times of unrest.

The blocking of communications, such as the shutdown of social media in Malaysia, Turkey, and Venezuela is a violation of freedom of expression and must be condemned. Dissent online must be protected. We deplore the detention of Sombat Boonngamanong in Thailand, who faces up to 14 years imprisonment for using social media to urge peaceful resistance to the recent military coup in the form of a three-finger salute.

One year after the Snowden revelations, this Council must recognise that trust in the internet is conditional on respect for the rights to freedom of expression and privacy online, regardless of users’ nationality or location. Any mass (or dragnet) surveillance, which comprises collection, processing and interception of all forms of communication, is inherently disproportionate and a violation of fundamental human rights.

The targeted interception and collection of personal data must be conducted in accordance with international human rights law, as set out in the necessary and proportionate principles. Critical and intermediate infrastructure must not be tampered with for this end, nor should any system, protocol or standard be weakened to facilitate interception or decryption of data.

ARTICLE 19 urges the Human Rights Council to take action to comprehensively address these challenges.

Thank you.

Signed,

ActiveWatch – Media Monitoring Agency
Africa Freedom of Information Centre
Albanian Media Institute
Arabic Network for Human Rights Information
ARTICLE 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility 
Egyptian Organization for Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Human Rights Watch
Index on Censorship
Institute for the Studies on Free Flow of Information
International Press Institute 
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa 
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association 
Pakistan Press Foundation
PEN Canada
Privacy International
Reporters Without Borders
Southeast Asian Press Alliance
South East European Network for Professionalization of Media
West African Journalists Association
World Association of Community Radio Broadcasters – AMARC
Access
Alternative Informatics
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Bangladesh Internet Governance Forum
Bangladesh NGOs Network for Radio and Communications (BNNRC)
Barys Zvozskau Belarusian Human Rights House
Big Brother Watch
Bir Duino (Kyrgyzstan)
Bits of Freedom
Bolo Bhi Pakistan
Bytes For All
Center for e-parliament Research
Centre for Internet & Society
Center for National and International Studies, Azerbaijan
Center for the Development of Democracy and Human Rights, Russia
Chaos Computer Club
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation, Pakistan
Electronic Privacy Information Center
English Pen
European Centre for Not-for-Profit Law (ECNL)
Helsinki Citizens’ Assembly – Vanadzor
Human Rights Monitoring Institute, Lithuania
International Centre for Not-for-Profit Law (ICNL)
International Federation for Human Rights (FIDH)
Kazakhstan International Bureau for Human Rights and Rule of Law
Kenya Human Rights Commission
Liberty
OpenMedia.org
Open Net Korea
Open Rights Group
Panos Institute West Africa
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Simon Davies, publisher of “Privacy Surgeon”
Thai Netizen Network
Zimbabwe Human Rights Forum

11 countries where you should think twice about insulting someone

(Image: Bplanet/Shutterstock)

(Image: Bplanet/Shutterstock)

Croatia’s new criminal code has introduced “humiliation” as an offence — and it is already being put to use. Slavica Lukić, a journalist with newspaper Jutarnji list is likely to end up in court for writing that the Dean of the Faculty of Law in Osijek accepted a bribe. As Index reported earlier this week, via its censorship mapping tool mediafreedom.ushahidi.com: “For the court, it is of little importance that the information is correct – it is enough for the principal to state that he felt humbled by the publication of the news.”

These kinds of laws exist across the world, especially under the guise of protecting against insult. The problem, however, is that such laws often exist for the benefit of leaders and politicians. And even when they are more general, they can be very easily manipulated by those in positions of power to shut down and punish criticism. Below are some recent cases where just this has happened.

Tajikistan

On 4 June this year, security forces in Tajikistan detained a 30-year-old man on charges of “insulting” the country’s president. According to local press, he was arrested after posting “slanderous” images and texts on Facebook.

Iran

Eight people were jailed in Iran in May, on charges including blasphemy and insulting the country’s supreme leader Ayatollah Ali Khamenei on Facebook. They also were variously found guilty of propaganda against the ruling system and spreading lies.

India

Also in May this year, Goa man Devu Chodankar was investigated by police for posting criticism of new Indian Prime Minister Narendra Modi on Facebook. The incident was reported the police someone close to Modi’s Bharatiya Janata Party (BJP), under several different pieces of legislation. One makes it s “a punishable offence to send messages that are offensive, false or created for the purpose of causing annoyance or inconvenience”.

Swaziland

Human rights lawyer Thulani Maseko and journalist and editor Bheki Makhubu were arrested in March this year, and face charges of “scandalising the judiciary” and “contempt of court”. The charges are based on two articles, written by Maseko and Makhubu and published in the independent magazine the Nation, which strongly criticised Swaziland’s Chief Justice Michael Ramodibedi, levels of corruption and the lack of impartiality in the country’s judicial system.

Venezuela

In February this year, Venezuelan opposition leader Leopoldo Lopez was arrested on charges of inciting violence in the country’s ongoing anti-government protests. Human Rights Watch Americas Director Jose Miguel Vivanco said at the time that the government of President Nicholas Maduro had made no valid case against Lopez and merely justified his imprisonment through “insults and conspiracy theories.”

Zimbabwe

Student Honest Makasi was in November 2013 charged with insulting President Robert Mugabe. He allegedly called the president “a dog” and accused him of “failing to do what he promised during campaigns” and lying to the people. He appeared in court around the same time the country’s constitutional court criticised continued use of insult laws. And Makasi is not the only one to find himself in this position — since 2010, over 70 Zimbabweans have been charged for “undermining” the authority of the president.

Egypt

In March 2013, Egypt’s public prosecutor, appointed by former President Mohamed Morsi, issued an arrest warrant for famous TV host and comedian Bassem Youssef, among others. The charges included “insulting Islam” and “belittling” the later ousted Morsi. The country’s regime might have changed since this incident, but Egyptian authorities’ chilling effect on free expression remains — Youssef recently announced the end of his wildly popular satire show.

Azerbaijan

A recent defamation law imposes hefty fines and prison sentences for anyone convicted of online slander or insults in Azerbaijan. In August 2013, a court prosecuted a former bank employee who had criticised the bank on Facebook. He was found guilty of libel and sentenced to 1-year public work, with 20% of his monthly salary also withheld.

Malawi

In July 2013, a man was convicted and ordered to pay a fine or face nine month in prison, for calling Malawi’s President Joyce Banda “stupid” and a “failure”. Angry that his request for a new passport was denied by the department of immigration, Japhet Chirwa “blamed the government’s bureaucratic red tape on the ‘stupidity and failure’ of President Banda”. He was arrested shortly after. 

Poland

While the penalties were softened somewhat in a 2009 amendment to the criminal code, libel remains a criminal offence in Poland. In September 2012, the creator of Antykomor.pl, a website satirising President Bronisław Komorowski, was “sentenced to 15 months of restricted liberty and 600 hours of community service for defaming the president”.

This article was published on June 6, 2014 at indexoncensorship.org