The problem of censorship is part of larger ones about the use and abuse of freedom

[vc_row][vc_column][vc_column_text]On 15 October 1971, in the depths of the Cold War, the feted British poet Stephen Spender wrote an impassioned appeal for the Times Literary Supplement in which he highlighted the threat of a world without creativity or impartial news as repressive regimes sought to silence dissent.

Writers, academics, journalists and artists were subject to state sanctioned persecution on a daily basis, threatened, arrested and in too many cases murdered as authoritarian leaders moved against their citizens. Watching was no longer enough, letters to the Times and statements of solidarity were no longer sufficient for Spender and a group of his contemporaries.

It was time to act, to provide an international platform for dissidents to publish their work and importantly it was time to make a positive argument for the liberal democratic values of free speech and free expression. It was time to launch Writers and Scholars International and its in-house journal Index on Censorship.

Spender concluded: “The problem of censorship is part of larger ones about the use and abuse of freedom.”

In the 50 years since Spender wrote in the TLS, Index has published the works of thousands of dissidents, their words, their art and their journalistic endeavours. From Havel to Rushdie, from Zaghari-Radcliffe to Ma Jian, their works have found a home in our publication. Their stories have been told and their works published for posterity – a recognition of their plight.

Fifty years later Spender would have hoped for us to be irrelevant, that the fundamental freedom of free expression was not just respected but embraced throughout the world. If only that was the case. Every week there is an attack on academic freedom at home or abroad, a new debate about our online rights and a new report of a systematic attack on those that embody the very principle of free speech.

In 1971 over a third of the world’s population lived under Communist rule with still more living under other forms of totalitarian regime. Today 113 countries, representing 75 per cent of the global population, completely or significantly restrict core human rights.

These aren’t just statistics, there are real people behind each headline.

In Belarus 811 people are currently detained as political prisoners by Lukashenka, including Andrei Aliaksandrau one of Index’s former staff members. In Egypt more than 60,000 people are imprisoned, including our award-winner Abdelrahman Tarek – detained and regularly tortured since the age of 16 for attending democracy demonstrations. In Afghanistan three young female journalists were brutally assassinated as they left work earlier this year. In Hong Kong the 50 leading democracy protestors have been arrested by the CCP and their families threatened.

These brave journalists and campaigners represent millions of people who cannot use their voices without fear of retribution. Every day they face a horrendous choice between demanding democratic rights or being silenced.

Index seeks to be a platform for them – providing a voice for the persecuted, ensuring that no tyrant succeeds in silencing dissent.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also wish to read” category_id=”41669″][/vc_column][/vc_row]

Champions of free expression celebrated at Index on Censorship awards

[vc_row][vc_column][vc_images_carousel images=”117457,117451,117452,117454,117456,117458,117459,117460,117461,117462,117468,117469,117470,117471,117472,117463″ img_size=”full” speed=”3500″ autoplay=”yes”][vc_column_text]The winners of Index on Censorship’s 2021 Freedom of Expression awards have been announced at a ceremony in London hosted by actor, writer and activist Tracy-Ann Oberman.

The Freedom of Expression Awards, which were first held in 2000, celebrate individuals or groups who have had a significant impact fighting censorship anywhere in the world. Winners join Index’s Awards Fellowship programme and receive dedicated training and support.  This year’s awards are particularly significant, coming as the organisation celebrates its 50th birthday.

Winners were announced in three categories – art, campaigning and journalism – and a fourth Trustees Award was also presented.

  • The 2021 Trustees Award was presented to Arif Ahmed.

Arif Ahmed is a free speech activist and fellow at Gonville & Caius College at the University of Cambridge.  In March 2020, Ahmed proposed alterations to the Statement of Free Speech at Cambridge. The proposed amendments were created to make the legislation “clearer and more liberal.” He aimed to protect university campuses as places of innovation and invention. That requires protecting the right to freely and safely challenge received wisdom.

  • The 2021 Freedom of Expression Award for Journalism was presented to Samira Sabou.

Samira Sabou is a Nigerien journalist, blogger and president of the Niger Bloggers for Active Citizenship Association (ABCA). In June 2020, Sabou was arrested and charged with defamation under the restrictive 2019 cybercrime law in connection with a comment on her Facebook post highlighting corruption. She spent over a month in detention. Through her work with ABCA, she conducts training sessions on disseminating information on social media based on journalistic ethics. The aim is to give bloggers the means to avoid jail time. Sabou is also active in promoting girls’ and women’s right to freedom of expression, and wants to open her own news agency recruiting young people who want to be innovative in the field of information.

  • The 2021 Freedom of Expression Award for Art was presented to Tatyana Zelenskaya

Tatyana Zelenskaya is an illustrator from Kyrgyzstan, working on freedom of expression and women’s rights projects. Zelenskaya has found inspiration for her work in the waves of anti-government protests that have recently erupted across Russia and Kyrgyzstan. In 2020, she created the artwork for a narrative video game called Swallows: Spring in Bishkek, which features a woman who helps her friend that was abducted and forced into an unwanted marriage. The game was downloaded more than 70,000 times in its first month. Its purpose is to break the silence around the issue of bride-kidnapping in Kyrgyzstan, with the aim of preventing them altogether.

  • The 2021 Freedom of Expression Award for Campaigning was presented to Abdelrahman Tarek

Abdelrahman “Moka” Tarek is a human rights defender from Egypt, who focuses on defending the right to freedom of expression and the rights of prisoners. Tarek has experienced frequent harassment from Egyptian authorities as a result of his work. He has spent longer periods of time in prison and has experienced torture, solitary confinement, and sexual abuse. Authorities have severely restricted his ability to communicate with his lawyer and family. Tarek was arrested again in September 2020 and in December 2020, a new case was brought against him on terrorism-related charges. Tarek began a hunger strike in protest of the terrorism charges. In January 2021, he was transferred to the prison hospital due to a deterioration in his health caused by the hunger strike.

Index on Censorship chief executive Ruth Smeeth said: “As Index marks its 50th birthday it’s clear that the battle to guarantee free expression and free expression around the globe has never been more relevant.  Inspired by the tremendous courage of our award winners, we will continue in our mission to defend free speech and free expression around the globe, give voice to the persecuted, and stand against repression wherever we find it”.

Trevor Philips, chair of the Index on Censorship board of trustees said: “Across the globe, the past year has demonstrated the power of free expression. For many the only defence is the word or image that tells the story of their repression; and for the oppressors the sound they fear most is diversity of thought and opinion. Index exists to ensure that in that battle, freedom wins – both abroad, and as this year’s Trustee award demonstrates here at home too.”[/vc_column_text][/vc_column][/vc_row]

Right for US students to speak freely off campus upheld

[vc_row][vc_column][vc_single_image image=”117096″ img_size=”full” add_caption=”yes”][vc_column_text]A high school cheerleader has won an important victory for the right of students to express their opinions freely while off campus.

At the end of June, the US Supreme Court ruled eight to one that the rights of high school student Brandi Levy had been violated in a case dating back to 2017.

After failing to make the varsity cheerleading team, Levy had posted profanity-laced criticisms of the team roster on Snapchat while off campus at a local convenience store. The team captain kicked her off the junior varsity cheerleading team for a year as punishment.

The Supreme Court was asked to consider whether schools had the right to regulate off-campus speech; it ruled that her posts did not disrupt school operations so Levy’s rights had been violated. The court maintained that schools have a right to regulate speech in some “school-related, off-campus activities” without defining what that would look like.

David Cole, the legal director of the ACLU, called the ruling a victory for students, saying “the message from this ruling is clear – free speech is for everyone, and that includes public school students”. The director of the Pennsylvania ACLU, which represented Levy, characterised the precedent established by the ruling, saying they successfully argued that “students have greater free speech rights out of school and on their own time.”

Despite the nature of her comments, Levy was motivated to fight for her rights.  She commented publicly that she was proud to have advocated for the rights of students saying, “young people need to have the ability to express themselves without worrying about being punished when they get to school”.

Recent graduates from Blake High School in Maryland broadly agree with the principle the court ruled on – that her speech did not disrupt the safety of the school.

Cole Shankel, class of 2023, said, “She’s overreacting… cheerleading is lame,” but added, “I don’t think public schools should be allowed to punish students for off-campus speech.”

Jeniffer Ventura, class of 2021, pointed out, “Being held accountable for your actions online is important,” expressing concern about online hate speech and racism affecting the safety and security of the community. Julian Kabik, also the class of 2021, stated simply, “If you are not making a deliberate threat online, then I don’t think you should be punished.”

This is the first student free speech case to favour students since the landmark 1969 case Tinker v Demois. The case considered students who had been suspended for wearing black armbands in protest at the war in Vietnam; the court ruled schools must show a substantial disruption to school operations, besides the speech being unpleasant, to restrict a student’s right to free speech.

The right of students to exercise free speech established in the case has been eroded by others since then. In 1986, Bethel v Fraser ruled that schools could regulate certain styles of expression if they were sexually vulgar. In 1989, in Hazelwood v Kuhlmeier, the court ruled schools had the right to regulate the content of school publications. In 2007, the Supreme Court ruled in Morse v Frederick that schools may restrict speech at or in view of a school-supervised event if it promoted illegal drug use. The US Court of Appeals Fourth Circuit Court in 2013 and Ninth Circuit Court in 2014 ruled a student’s dress could be restricted in two separate cases related to wearing the confederate flag or American flag, respectively. The courts ruled student dress had incited disruption, and the Supreme Court declined to hear both cases.

The Levy ruling has broken the trend in student speech law, affirming students’ off-campus rights and considering the role of extracurricular activities for the first time. A ruling against Levy would have further crippled the original 1969 ruling, allowing schools to restrict students based on their speech being unpalatable and extending a school’s authority to restrict student speech to include online and off-campus speech.

Despite this, the Levy ruling is not a decisive victory for American students’ right to free speech.

When students are on campus, schools act in loco parentis – they function in place of parents. This gives schools legal authority over minors’ rights while they are at school and formally gives all other authority over minors to their legal guardians. This doctrine and the fact that Levy was off campus when she made the posts was at the centre of the majority opinion’s arguments. Since the Levy ruling reaffirms the school’s on-campus authority over student’s rights, this aspect can be interpreted as an opening to further restrict student speech when on campus.

In questioning, some justices raised concerns about a school’s ability to punish off-campus speech that was threatening to other students. Other justices raised concerns of what schools would do with authority over off-campus speech that was politically controversial.

The justices’ questions indicate that they feel the issue of off-campus speech needs to be further unpacked. All but two of the justices are under the age of 70, and all three of former President Donald Trump’s appointments are under the age of 60. With the composition of the court being unlikely to change any time soon, the right of students to express themselves freely may yet be further eroded.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”581″][/vc_column][/vc_row]

Slovenia no longer a safe haven for the free press

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Lafargue Raphael/ABACA/ABACA/PA Images

Prime minister of Slovenia Janez Janša

As Slovenia takes over the presidency of the council of the European Union, some are questioning the country’s commitment to one of the bloc’s key principles, that of the freedom of the press.

A new report by Media Freedom Rapid Response (MFRR), a coalition of non-governmental organisations that tracks press freedom in EU Member States, says Slovenia “is no longer a relative safe haven for free media” and that prime minister Janez Janša and the ruling Slovenia Democratic Party (SDS) are “undermining critical journalism, reaching for control of public service media and reshaping the media landscape to boost SDS propaganda channels while pressuring mainstream media”.

The report reveals that journalists in the country are facing rising threats of violence and women journalists in particular are facing misogynistic and sexist insults that have been legitimised by the government’s actions.

Janša, for example, has openly questioned the legitimacy of the Slovenian Press Agency (STA), which covers events in the country, and launched a vicious and completely unfounded attack on Bojan Veselinovic, its director, accusing him of murder.

Janša posted a tweet, a familiar tactic employed by the prime minister to put pressure on opposition voices online, which said: “Amazing for the EU in the 21st century that a collaborator in the murder of a journalist is still leading the STA and therefore cashes in 8,500 euros per month, more than the president of the republic.”

The allegations are unsubstantiated, but the STA is one of many opposition voices that has faced attacks this way.

Meanwhile, investigative journalist Blaž Zgaga, who questioned the government’s Covid-19 response in April, has received multiple death threats.

Slovenia’s 2006 media law is viewed as outdated and offers journalists little protections against smears and political interference.

It is clear there is a combination of the government attempting to change the media narrative, as well as defunding critical voices. It means journalists in the country are facing increasingly difficult circumstances.

The STA had its state funding revoked and will not receive it again unless it submits to direct financial oversight from the government’s communications office (though Slovenian media have since reported that funds are to be given). The move would essentially put the agency under the direct control of government communications.

It is indicative of a strategic ploy by the government to remove state funding from opposition voices, but reward its cheerleaders. The report says that “propaganda outlets parroting the party line are rewarded with lucrative advertising contracts from state institutions and companies”, for example.

Janša’s schemes have been likened to the strategy implemented by Hungarian autocrat prime minister Viktor Orbán, who has faced heavy criticism for his record on free speech, as has the government in Poland. Hungary and Poland are known to be two of the most concerning cases regarding free expression in Europe.

Ties between Janša and Orbán are known to be close, as Anuška Delić, journalist and founder of Oštro, a centre for investigative journalism, wrote in the winter 2020 edition of Index on Censorship magazine.

Motivation for Orbán’s interference in Slovenia is obvious, as he looks for supporting voices in a Europe when there is concern over his actions.

Hungarian funds, with ties to Orbán and his Fidesz party, are being funnelled into pro-SDS media outlets, which, in a country where media revenue is declining and funds are desperately sought, should be of great concern.

The outlook is not entirely bleak, the report said.

“Despite these pressures, the Slovenian independent media sector has proven to be resilient and has continued to display high-quality watchdog journalism during the pandemic. Importantly, support and solidarity between civil society, journalists’ associations and newsrooms has been strong, giving hope for the future of the media landscape in Slovenia.”

Yet not everyone is convinced.

Delić has welcomed the report’s findings, but questioned the notion that media freedom in Slovenia is not as threatened as elsewhere, and said that it will not take much for Slovenia to become the next Poland or Hungary.

“We have just witnessed a new case of meddling where the prime minister asked Val202, a public radio station, on Twitter whether it was true that they played a current protest song on Independence Day,” said Delić, who was consulted by the authors of the report. “On that day one of the speakers at the official celebration was Hungarian Prime Minister Viktor Orbán whose government’s malign influence in Slovenia is clearly portrayed throughout the report.”

As Slovenia takes on the Council presidency, the report’s authors have called on the country’s government to stop the defunding of journalism, amend current media legislation and publicly condemn threats against reporters.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”8996″][/vc_column][/vc_row]