03 Jan 17 | Media Freedom
[vc_row][vc_column][vc_column_text]This article originally appeared in The Telegraph on 3 January 2017
For years Index of Censorship has monitored state interference in news reporting, from the authoritarian Chile in 1970s to North Korea today. With a history of scrutinising government pressure on media, we were never going to join Impress, the new state-approved UK press regulator.
There should always be a clear distance between any government and journalists that report on it. Again and again Index has reported how governments have set up bodies that stop the media covering stories they don’t like.
In Zimbabwe, the 2002 Access to Information and Protection of Privacy Act requires all journalists and media companies to register. Unlicensed journalists can face criminal charges and a sentence of up to two years in prison.
Last year the Turkish government has forced the closure of news outlets including Zaman and the Cihan News Agency. As our Mapping Media Freedom project has reported, dozens of journalists have been arrested. In Syria we have seen a systematic stifling of reporting.
Meanwhile in the UK, the Government is considering triggering Section 40 of the Crime and Courts Act, which will ratchet up pressure to self-censor. This repressive legislation would pressurise newspapers to avoid the controversial and not publish things others would rather were not heard.
If such laws were introduced in another country, British politicians would be speaking out against such shocking media censorship. There’s no doubt that authoritarian powers will use this example to bolster their own cases in imposing media regulation.
As the leading media lawyer Mark Stephens has pointed out, this could mean that if a Somalian warlord sued a British publisher for something stated in an entirely truthful report, the publisher could still be ordered to pay the warlord’s costs when he lost the case for defamation. Section 40 has been on the statute book for three years but was not triggered because there was no approved regulator of which publishers could be part.
That changed when Impress, a regulator to which so far only tiny local media publishers have signed up, was approved in October.
Having an approved regulator means Section 40 of the Crime and Courts Act could now be brought into force and that we and many other small publishers could face crippling costs in any dispute, threatening investigative journalism or those who challenge the powerful or the wealthy.
Newspapers and magazines need to be able to tackle controversial subjects, and hold the powerful to account, whether they choose to join Impress or not. In every issue, Index covers stories of corruption, of threats to writers or journalists and physical violence against people telling the truth. If threats of massive, unreasonable legal costs hang over newspapers and magazines then investigative journalism will be further squeezed.
Local daily newspaper editors are horrified by Section 40 and what it may to do to news gathering. Michael Sassi, editor of the Nottingham Post, warned: “Our future could be seriously compromised if either the proposed Section 40 were to become law or we were forced to submit to a government-sponsored regulator. Section 40 could encourage an avalanche of complaints because of the profoundly unfair clause that would force us to pay complainants’ costs – win or lose.”
As George Orwell said: “In times of universal deceit, telling the truth is a revolutionary act.” At times like this the Government must be even more vigilant about standing up for freedom of expression. If it fails to do so, it will undoubtedly be held up by other nations as an example they can follow.
Culture Secretary Karen Bradley is consulting on whether this chilling law should be activated. She told MPs last month that a number of editors of local newspapers were concerned that the exemplary damages section could put out them of business and certainly “would impact on their ability to do investigative journalism”.
That is an understatement. Section 40 is a direct threat to press freedom in the UK and must be scrapped.
Rachael Jolley is the editor of the Index on Censorship magazine
This article originally appeared in The Telegraph on 3 January 2017[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1484058713590-29d066e3-327e-3″ taxonomies=”8996″][/vc_column][/vc_row]
30 Jun 16 | Africa, Kenya, Magazine, mobile, Volume 45.02 Summer 2016 Extras
“Yassin Juma is an extraordinary journalist, who has taken great personal risks to get the story of what is happening in the war that is being waged in Somalia against Al-Shabaab,” writer Ismail Einashe told Index on Censorship.
But Juma is now in hiding.
Einashe interviewed the Kenyan investigative journalist for the latest issue of Index on Censorship magazine, which is themed on the risks of reporting worldwide.
Juma was arrested in January for posting information on social media about a recent attack on the Kenyan Defence Force by the Al-Shabaab militant group. Juma revealed that, according to a credible source within the KDF, 103 soldiers had been killed in an attack on the Kenyan army base in El Adde, Somalia.
The journalist was later arrested and faced charges of “misuse of a telecommunication gadget”. After being grilled by police and detained for two days, he was released without charge but has since gone into hiding, fearing that his reporting is angering the authorities.
Listen to Einashe explaining the significance of this case on the Soundcloud above. The full article, written by Einashe, is in the latest issue of Index on Censorship magazine.
Print copies of the magazine are available here, or you can take out a digital subscription via Exact Editions. Copies are also available at the BFI, the Serpentine Gallery, MagCulture, (London), News from Nowhere (Liverpool), Home (Manchester) and on Amazon. Each magazine sale helps Index on Censorship continue its fight for free expression worldwide.
25 Feb 16 | Africa, Campaigns, Digital Freedom, Digital Freedom Statements, Statements, Uganda
Mr. Zeid Ra’ad Al Hussein, Mr. David Kaye, Mr. Joseph Cannataci, Mr. Maina Kiai, Mr. Michel Forst, Ms. Faith Pansy Tlakula, and Ms. Reine Alapini-Gansou
cc: African Union
African Peer Review Mechanism (APRM) Secretariat
Common Market for Eastern and Southern Africa Secretariat
Domestic & International Election Observer Missions to the Republic of Uganda
East African Community Secretariat
International Conference on the Great Lakes Region Secretariat
New Partnership for Africa’s Development (NEPAD) Secretariat
Uganda Communications Commission
Uganda Electoral Commission
Uganda Ministry of Information and Communications Technology
23 February 2016
Re: Internet shutdown in Uganda and elections
Your Excellencies,
We are writing to urgently request your immediate action to condemn the internet shutdown in Uganda, and to prevent any systematic or targeted attacks on democracy and freedom of expression in other African nations during forthcoming elections in 2016. [1]
On February 18, Ugandan internet users detected an internet outage affecting Twitter, Facebook, and other communications platforms. [2] According to the Uganda Communications Commission (UCC), blocking was carried out on orders of the Electoral Commission, for security reasons. [3] The shutdown coincided with voting for the presidential election, and remained in place until the afternoon of Sunday, February 21. During this period, two presidential candidates were detained under house arrest. [4] The telco MTN Uganda confirmed the UCC directed it to block “Social Media and Mobile Money services due to a threat to Public Order & Safety.” [5] The blocking order also affected the telcos Airtel, Smile, Vodafone, and Africel. President Museveni admitted to journalists on February 18 that he had ordered the block because “steps must be taken for security to stop so many (social media users from) getting in trouble; it is temporary because some people use those pathways for telling lies.” [6]
Research shows that internet shutdowns and state violence go hand in hand. [7] Shutdowns disrupt the free flow of information and create a cover of darkness that allows state repression to occur without scrutiny. Worryingly, Uganda has joined an alarming global trend of government-mandated shutdowns during elections, a practice that many African Union member governments have recently adopted, including: Burundi, Congo-Brazzaville, Egypt, Sudan, the Central African Republic, Niger, Democratic Republic of Congo. [8], [9], [10], [11], [12], [13], [14]
Internet shutdowns — with governments ordering the suspension or throttling of entire networks, often during elections or public protests — must never be allowed to become the new normal. Justified for public safety purposes, shutdowns instead cut off access to vital information, e-financing, and emergency services, plunging whole societies into fear and destabilizing the internet’s power to support small business livelihoods and drive economic development.
Uganda’s shutdown occurred as more than 25 African Union member countries are preparing to conduct presidential, local, general or parliamentary elections. [15]
A growing body of jurisprudence declares shutdowns to violate international law. In 2015, various experts from the United Nations (UN) Organization for Security and Co-operation in Europe (OSCE), Organization of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued an historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict. [16] General Comment 34 of the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights, emphasizes that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose. Shutdowns disproportionately impact all users, and unnecessarily restrict access to information and emergency services communications during crucial moments.
The internet has enabled significant advances in health, education, and creativity, and it is now essential to fully realize human rights including participation in elections and access to information.
We humbly request that you use the vital positions of your good offices to:
- call upon the Ugandan government to provide redress to victims of the internet shutdown, and pledge not to issue similar orders in the future;
- call on African states to uphold their human rights obligations, and not to take disproportionate responses like issuing shutdown orders, especially during sensitive moments like elections;
- investigate shutdowns, in their various forms, in order to produce public reports that examine this alarming trend and its impact on human rights, and make recommendations to governments and companies on how to prevent future disruptions;
- encourage telecommunications and internet services providers to respect human rights and resist unlawful orders to violate user rights, including through public disclosures and transparency reports;
- encourage the African Commission on People’s and Human Rights, the United Nations Human Rights Council, and the UN General Assembly to resolve that Internet Shutdowns violate freedom of expression per se and without legal justification.
We are happy to assist you in any of these matters.
Sincerely,
Access Now
African Centre for Democracy and Human Rights Studies (ACDHRS)
Association for Progressive Communications (APC)
Article 19 East Africa
Chapter Four Uganda
CIPESA
CIVICUS
Committee to Protect Journalists
DefendDefenders (The East and Horn of Africa Human Rights Defenders Project)
Electronic Frontier Foundation (EFF)
Global Partners Digital
Hivos East Africa
ifreedom Uganda
Index on Censorship
Integrating Livelihoods thru Communication Information Technology (ILICIT Africa)
International Commission of Jurists Kenya
ISOC Uganda
KICTANet (Kenya ICT Action Network)
Media Rights Agenda
Paradigm Initiative Nigeria
The African Media Initiative (AMI)
Unwanted Witness
Web We Want Foundation
Women of Uganda Network (WOUGNET)
Zimbabwe Human Rights NGO Forum
Endnotes
[1] Uganda election: Facebook and Whatsapp blocked’ (BBC, 18 February 2016) <http://www.bbc.co.uk/news/world-africa-35601220> accessed 18 February 2016.
[2] Omar Mohammed, ‘Twitter and Facebook are blocked in Uganda as the country goes to the polls’ (Quartz Africa, 18 February 2016) <http://qz.com/619188/ugandan-citizens-say-twitter-and-facebook-have-been-blocked-as-the-election-gets-underway/> accessed 18 February 2016.
[3] Uganda blocks social media for ‘security reasons’, polls delayed over late voting material delivery (The Star, 18 February 2016) <http://www.the-star.co.ke/news/2016/02/18/uganda-blocks-social-media-for-security-reasons-polls-delayed-over_c1297431> accessed 18 February 2016.
[4] Brian Duggan, “Uganda shuts down social media; candidates arrested on election day” (CNN, 18 February 2016) <http://www.cnn.com/2016/02/18/world/uganda-election-social-media-shutdown/> accessed 22 February 2016.
[5] MTN Uganda <https://twitter.com/mtnug/status/700286134262353920> accessed 22 February 2016.
[6] Tabu Batugira, “Yoweri Museveni explains social media, mobile money shutdown” (Daily Nation, February 18, 2016) <http://www.nation.co.ke/news/Yoweri-Museveni-explains-social-media-mobile-money-shutdown/-/1056/3083032/-/8h5ykhz/-/index.html> accessed 22 February 2016.
[7] Sarah Myers West, ‘Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria’ (Electronic Frontier Foundation, 1 July 2015)
<https://www.eff.org/deeplinks/2015/06/research-shows-internet-shutdowns-and-state-violence-go-hand-hand-syria> accessed 18 February 2016.
[8] ‘Access urges UN and African Union experts to take action on Burundi internet shutdown’ (Access Now 29 April 2015) <https://www.accessnow.org/access-urges-un-and-african-union-experts-to-take-action-on-burundi-interne/> accessed 18 February 2016.
[9] Deji Olukotun, ‘Government may have ordered internet shutdown in Congo-Brazzaville’ (Access Now 20 October 2015) <https://www.accessnow.org/government-may-have-ordered-internet-shutdown-in-congo-brazzaville/> accessed 18 February 2016.
[10] Deji Olukotun and Peter Micek, ‘Five years later: the internet shutdown that rocked Egypt’ (Access Now 21 January 2016) <https://www.accessnow.org/five-years-later-the-internet-shutdown-that-rocked-egypt/> accessed 18 February 2016.
[11] Peter Micek, ‘Update: Mass internet shutdown in Sudan follows days of protest’ (Access Now, 15 October 2013) <https://www.accessnow.org/mass-internet-shutdown-in-sudan-follows-days-of-protest/> accessed 18 February 2016.
[12] Peter Micek, ‘Access submits evidence to International Criminal Court on net shutdown in Central African Republic’(Access Now 17 February 2015) <https://www.accessnow.org/evidence-international-criminal-court-net-shutdown-in-central-african-repub/> accessed 18 February 2016.
[13] ‘Niger resorts to blocking in wake of violent protests against Charlie Hebdo cartoons.’ (Access Now Facebook page 26 January 2015) <https://www.facebook.com/accessnow/posts/10153030213288480> accessed 18 February 2016.
[14] Peter Micek, (Access Now 23 January 2015) ‘Violating International Law, DRC Orders Telcos to Cease Communications Services’ <https://www.accessnow.org/violating-international-law-drc-orders-telcos-vodafone-millicon-airtel/> accessed 18 February 2016.
[15] Confirmed elections in Africa in 2016 include: Central African Republic (14th February), Uganda (18th February), Comoros and Niger (21st February), Rwanda (22nd -27th February), Cape Verde (TBC February), Benin (6th-13th March), Niger, Tanzania and Congo (20th March), Rwanda (22nd March), Chad (10th April), Sudan (11th April), Djibouti (TBC April), Niger (9th May), Burkina Faso (22nd May), Senegal (TBC May), Sao Tome and Principe (TBC July), Zambia (11th July), Cape Verde (TBC August), Tunisia (30th October), Ghana (7th November), Democratic Republic of Congo (27th November), Equatorial Guinea (TBC November), Gambia (1st December), Sudan, and Cote d’Ivoire (TBC December). Other elections without confirmed dates are scheduled to occur in Sierra Leone, Mauritania, Libya, Mali, Guinea, Rwanda, Somalia, and Gabon.
[16] Peter Micek, (Access Now 4 May 2015) ‘Internet kill switches are a violation of human rights law, declare major UN and rights experts’ <https://www.accessnow.org/blog/2015/05/04/internet-kill-switches-are-a-violation-of-human-rights-law-declare-major-un> accessed 18 February 2016.
16 Dec 15 | Awards, Events, mobile, Press Releases
A graffiti artist who paints murals in war-torn Yemen, a jailed Bahraini academic and the Ethiopia’s Zone 9 bloggers are among those honoured in this year’s #Index100 list of global free expression heroes.
Selected from public nominations from around the world, the #Index100 highlights champions against censorship and those who fight for free expression against the odds in the fields of arts, journalism, activism and technology and whose work had a marked impact in 2015.
Those on the long list include Chinese human rights lawyer Pu Zhiqiang, Angolan journalist Sedrick de Carvalho, website Raqqa is Being Slaughtered Silently and refugee arts venue Good Chance Calais. The #Index100 includes nominees from 53 countries ranging from Azerbaijan to China to El Salvador and Zambia, and who were selected from around 500 public nominations.
“The individuals and organisations listed in the #Index100 demonstrate courage, creativity and determination in tackling threats to censorship in every corner of globe. They are a testament to the universal value of free expression. Without their efforts in the face of huge obstacles, often under violent harassment, the world would be a darker place,” Index on Censorship CEO Jodie Ginsberg said.
Those in the #Index100 form the long list for the Index on Censorship Freedom of Expression Awards to be presented in April. Now in their 16th year, the awards recognise artists, journalists and campaigners who have had a marked impact in tackling censorship, or in defending free expression, in the past year. Previous winners include Nobel Peace Prize winner Malala Yousafzai, Argentina-born conductor Daniel Barenboim and Syrian cartoonist Ali Ferzat.
A shortlist will be announced in January 2016 and winners then selected by an international panel of judges. This year’s judges include Nobel Prize winning author Wole Soyinka, classical pianist James Rhodes and award-winning journalist María Teresa Ronderos. Other judges include Bahraini human rights activist Nabeel Rajab, tech “queen of startups” Bindi Karia and human rights lawyer Kirsty Brimelow QC.
The winners will be announced on 13 April at a gala ceremony at London’s Unicorn Theatre.
The awards are distinctive in attempting to identify individuals whose work might be little acknowledged outside their own communities. Judges place particular emphasis on the impact that the awards and the Index fellowship can have on winners in enhancing their security, magnifying the impact of their work or increasing their sustainability. Winners become Index on Censorship Freedom of Expression Awards Fellows and are given support for the year after their fellowship on one aspect of their work.
“The award ceremony was aired by all community radios in northern Kenya and reached many people. I am happy because it will give women courage to stand up for their rights,” said 2015’s winner of the Index campaigning award, Amran Abdundi, a women’s rights activist working on the treacherous border between Somalia and Kenya.
Each member of the long list is shown on an interactive map on the Index website where people can find out more about their work. This is the first time Index has published the long list for the awards.
For more information on the #Index100, please contact [email protected] or call 0207 260 2665.
