Contents: Judged: How governments use power to undermine justice and freedom

[vc_row][vc_column][vc_custom_heading text=”With contributions from Xinran, Ahmet Altan, Stephen Woodman, Karoline Kan, Conor Foley, Robert Harris, Stefano Pozzebon and Melanio Escobar”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Judged: How governments use power to undermine justice and freedom. The summer 2019 edition of Index on Censorship magazine

The summer 2019 Index on Censorship magazine looks at the narrowing gap between a nation’s leader and its judges and lawyers. What happens when the independence of the justice system is gone and lawyers are no longer willing to stand up with journalists and activists to fight for freedom of expression?

In this issue Stephen Woodman reports from Mexico about its new government’s promise to start rebuilding the pillars of democracy; Sally Gimson speaks to best-selling novelist Robert Harris to discuss why democracy and freedom of expression must continue to prevail; Conor Foley investigates the macho politics of President Jair Bolsonaro and how he’s using the judicial system for political ends;  Jan Fox examines the impact of President Trump on US institutions; and Viktória Serdült digs into why the media and justice system in Hungary are facing increasing pressure from the government. In the rest of the magazine a short story from award-winning author Claudia PineiroXinran reflects on China’s controversial social credit rating system; actor Neil Pearson speaks out against theatre censorship; and an interview with the imprisoned best-selling Turkish author Ahmet Altan.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special Report: Judged: How governments use power to undermine justice and freedom”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Law and the new world order by Rachael Jolley on why the independence of the justice system is in play globally, and why it must be protected

Turkey’s rule of one by Kaya Genc President Erdogan’s government is challenging the result of Istanbul’s mayoral elections. This could test further whether separation of powers exists

England, my England (and the Romans) by Sally Gimson Best-selling novelist Robert Harris on how democracy and freedom of expression are about a lot more than one person, one vote

“It’s not me, it’s the people” by Stephen Woodman Mexico’s new government promised to start rebuilding the pillars of democracy, but old habits die hard. Has anything changed?

When political debate becomes nasty, brutish and short by Jan Fox President Donald Trump has been trampling over democratic norms in the USA. How are US institutions holding up?

The party is the law by Karoline Kan In China, hundreds of human rights lawyers have been detained over the past years, leaving government critics exposed

Balls in the air by Conor Foley The macho politics of Brazil’s new president plus ex-president Dilma Rousseff’s thoughts on constitutional problems

Power and Glory by Silvia Nortes The Catholic church still wields enormous power in Spain despite the population becoming more secular

Stripsearch by Martin Rowson In Freedonia

What next for Viktor Orbán’s Hungary? Viktoria Serdult looks at what happens now that Hungary’s prime minister is pressurising the judiciary, press, parliament and electoral system

When justice goes rogue by Melanio Escobar and Stefano Pozzebon Venezuela is the worst country in the world for abuse of judicial power. With the economy in freefall, journalists struggle to bear witness

“If you can keep your head, when all about you are losing theirs…” by Caroline Muscat It’s lonely and dangerous running an independent news website in Malta, but some lawyers are still willing to stand up to help

Failing to face up to the past by Ryan McChrystal argues that belief in Northern Ireland’s institutions is low, in part because details of its history are still secret

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Global View”][vc_column_text]Small victories do count by Jodie Ginsberg The kind of individual support Index gives people living under oppressive regimes is a vital step towards wider change[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In Focus”][vc_column_text]Sending out a message in a bottle by Rachael Jolley Actor Neil Pearson, who shot to international fame as the sexist boss in the Bridget Jones’ films, talks about book banning and how the fight against theatre censorship still goes on

Remnants of war by Zehra Dogan Photographs from the 2019 Freedom of Expression Arts Award fellow Zehra Doğan’s installation at Tate Modern in London

Six ways to remember Weimar by Regula Venske The name of this small town has mythic resonances for Germans. It was the home of many of the country’s greatest classical writers and gave its name to the Weimar Republic, which was founded 100 years ago

“Media attacks are highest since 1989” by Natasha Joseph Politicians in South Africa were issuing threats to journalists in the run-up to the recent elections. Now editors have built a tracking tool to fight back

Big Brother’s regional ripple effect by Kirsten Han Singapore’s recent “fake news” law which gives ministers the right to ban content they do not like, may encourage other regimes in south-east Asia to follow suit

Who guards the writers? Irene Caselli reports on journalists who write about the Mafia and extremist movements in Italy need round-the-clock protection. They are worried Italy’s deputy prime minister Matteo Salvini will take their protection away

China in their hands by Xinran The social credit system in China risks creating an all-controlling society where young people will, like generations before them, live in fear

Playing out injustice by Lewis Jennings Ugandan songwriter and politician Bobi Wine talks about how his lyrics have inspired young people to stand up against injustice and how the government has tried to silence him[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][vc_column_text]“Watch out we’re going to disappear you” by Claudia Pineiro The horrors of DIY abortion in a country where it is still not legal are laid bare in this story from Argentina, translated into English for the first time

“Knowing that they are there, helps me keep smiling in my cell” by Ahmet Altan The best-selling Turkish author and journalist gives us a poignant interview from prison and we publish an extract from his 2005 novel The Longest Night

A rebel writer by Eman Abdelrahim An exclusive extract from a short story by a new Egyptian writer. The story deals with difficult themes of mental illness set against the violence taking place during the uprising in Cairo’s Tahrir Square[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Column”][vc_column_text]Index around the world – Speak out, shut out by Lewis Jennings Index welcomed four new fellows to our 2019 programme. We were also out and about advocating for free expression around the world[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Endnote”][vc_column_text]

End note – Hanging truth out to dry by Sally Gimson Documentary maker Maxim Pozdorovkin explains why propaganda these days is all about disorientation and creating a situation where it is hard to figure out what is true

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”Subscribe”][vc_column_text]In print, online, in your mailbox, on your iPad.

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SUBSCRIBE NOW[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Listen”][vc_column_text]Music has long been a form of popular rebellion, especially in the 21st century. These songs, provide a theme tune to the new magazine and give insight into everything from the nationalism in Viktor Orban’s Hungary to the role of government-controlled social media in China to poverty in Venezuela

LISTEN HERE[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Listen”][vc_column_text]The summer 2019 magazine podcast, featuring interviews with best-selling author Xinran; Italian journalist and contributor to the latest issue, Stefano Pozzebon; and Steve Levitsky, the author of the New York Times best-seller How Democracies Die.

LISTEN HERE[/vc_column_text][/vc_column][/vc_row]

Appeal on EU leaders before 6th South EU Summit to be held in Malta

[vc_row][vc_column][vc_single_image image=”107234″ img_size=”full”][vc_column_text]EU leaders from Cyprus, France, Greece, Italy, Portugal, and Spain are urged to address the ongoing impunity in the case of assassinated journalist Daphne Caruana Galizia

To: Mr Emmanuel Macron, President of France; Mr Giuseppe Conte, Prime Minister of Italy; Mr Nicos Anastasiades, President of Cyprus; Mr Alexis Tsipras, Prime Minister of Greece; Mr António Costa, Prime Minister of Portugal; and Mr Pedro Sánchez, Prime Minister of Spain.

 

13 June 2019

Your excellencies,

Journalist Daphne Caruana Galizia was assassinated in Malta by a car bomb on 16 October 2017. There is no process inquiring into the circumstances of the murder. We, the undersigned organisations, have advocated extensively for justice in the case and are closely monitoring the process on the ground.

A report on the assassination, titled “Daphne Caruana Galizia’s assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges”, by the Special Rapporteur of the Parliamentary Assembly of the Council of Europe (PACE), Pieter Omtzigt, was adopted by the Legal Affairs and Human Rights Committee meeting in Paris on 29 May 2019.

The report highlights a series of concerns relating to the investigation into the murder of Daphne Caruana Galizia, and Malta is requested to establish an independent and impartial public inquiry within three months to determine whether the state could have prevented the assassination – a call we have made repeatedly. The Committee noted fundamental weaknesses in Malta’s system of democratic checks and balances, seriously undermining the rule of law. This is an alarming situation, particularly in a Council of Europe and European Union member state. The Maltese authorities are called upon to take steps to end the prevailing climate of impunity.

So far, the Maltese government has blocked a public inquiry, leaving journalists continuing to work in Malta at great risk and forcing Galizia’s family to litigate the Prime Minister’s refusal to hold a public inquiry into the assassination. Only a public inquiry can determine how best to guarantee the safety of journalists and prevent future attacks. The Venice Commission Opinion on Malta states Malta’s positive obligations in relation to the assassination of Daphne Caruana Galizia. A public inquiry is the only process that can effectively address these positive obligations. The call for a public inquiry is supported by a resolution by the European Parliament which requests the Maltese government to launch a public inquiry, and calls on the EU institutions and the Member States to initiate an independent international public inquiry into the murder and the alleged cases of corruption, financial crimes, money laundering, fraud and tax evasion reported by the journalist.

By signing the Sibiu Declaration, you have pledged to safeguard Europe’s democratic values and the rule of law. We therefore urge you to address the matter of safety of journalists and ongoing impunity in the case of Daphne Caruana Galizia in your meeting with Prime Minister Muscat in Valletta on 14 June.

Thank you for your attention.

Kind regards,

Dr Lutz Kinkel, Managing Director, European Centre for Press and Media Freedom (ECPMF)

Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19

Annie Game, Executive Director, IFEX

Joy Hyvarinen, Head of Advocacy, Index on Censorship

Ravi R. Prasad, Director of Advocacy, International Press Institute (IPI)

Carles Torner, Executive Director, PEN International

Rebecca Vincent, UK Bureau Director, Reporters Without Borders (RSF)[/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:1560437482746-8cffafe9-48c7-1″ taxonomies=”8996″][/vc_column][/vc_row]

European Commission must mitigate concerns on automated upload filters

[vc_row][vc_column][vc_column_text]Dear President Juncker,
Dear First Vice-President Timmermans,
Dear Vice-President Ansip,
Dear Commissioner Gabriel,
Dear Director General Roberto Viola,

The undersigned stakeholders represent fundamental rights organizations, the knowledge community (in particular libraries), free and open source software developers, and communities from across the European Union. The new Directive on Copyright in the Digital Single Market has been adopted and, as soon as it is published in the Official Journal, Member States will have two years to implement the new rules. Article 17, on ‘certain uses of protected content by online services’, foresees that the European Commission will issue guidance on the application of this Article.

The undersigned organisations have, on numerous occasions throughout the legislative debate on the copyright reform, expressed their very explicit concerns (1) about the fundamental and human rights questions that will appear in the implementation of the obligations laid down on online content-sharing service providers by Article 17. These concerns have also been shared by a wide variety of other stakeholders, the broad academic community of intellectual property scholars, as well as Members of the European Parliament and individual Member States. (2)

We consider that, in order to mitigate these concerns, it is of utmost importance that the European Commission and Member States engage in a constructive transposition and implementation to ensure that the fears around automated upload filters are not realized.

We believe that the stakeholder dialogues and consultation process foreseen in Article 17(10) to provide input on the drafting of guidance around the implementation of this Article should be as inclusive as possible. The undersigned organisations represent consumers and work to enshrine fundamental rights into EU law and national-level legislation.

These organisations are stakeholders in this process, and we call upon the European Commission to ensure the participation of human rights and digital rights organisations, as well as the knowledge community (in particular libraries), free and open source software developers, and communities in all of its efforts around the transposition and implementation of Article 17. This would include the planned Working Group, as well as other stakeholder dialogues, or any other initiatives at consultation level and beyond.

Such broad and inclusive participation is crucial for ensuring that the national implementations of Article 17 and the day-to-day cooperation between online content-sharing service providers and rightholders respects the Charter of Fundamental Rights by safeguarding citizens’ and creators’ freedom of expression and information, whilst also protecting their privacy. These should be the guiding principles for a harmonized implementation of Article 17 throughout the Digital Single Market.

Yours sincerely

Balázs Dénes
Executive Director
Civil Liberties Union for Europe (Liberties)

• Association for Progressive Communications
• APADOR-CH
• ApTi Romania
• Article 19
• Associação D3 – Defesa dos Direitos Digitais
• Associação Nacional para o Software Livre – Portugal
• Bits of Freedom
• BlueLink Foundation
• Center for Media & Democracy
• Centrum Cyfrowe Foundation
• Civil Liberties Union for Europe
• Coalizione Italiana Libertà e Diritti civili
• COMMUNIA association for the Public Domain
• Creative Commons
• Digital courage
• Digitalegeshellschaft
• Electronic Frontier Finland
• Electronic Frontiers Foundation
• Elektronisk Forpost Norge
• epicenter.works
• European Digital Rights (EDRi)
• Fitug e.v.
• Hermes Center
• Hivos
• Homo Digitalis
• Human Rights Monitoring Institute
• Hungarian Civil Liberties Union
• Index on Censorship
• International Federation of Library Associations and Institutions (IFLA)
• Irish Council for Civil Liberties
• IT-Pol Denmark
• La Quadrature du Net
• Metamorphosis Foundation
• Nederlands Juristen Comité voor de Mensenrechten (NJCM)
• Open Rights Group
• Peace Institute
• Privacy First
• Rights International Spain
• Vrijschrift
• Wikimedia Deutschland e. V.
• Wikimedia Foundation
• Xnet

Notes
1 Human rights and digital rights organisations: https://www.liberties.eu/en/news/delete-article-thirteen-open-letter/13194
2 Academics from the leading European research centres: https://www.create.ac.uk/blog/2019/03/24/the-copyright-directive-articles-11-and-13-must-go-statement-from-european-academics-in-advance-of-the-plenary-vote-on-26-march-2019/
Max Plank Institute: https://www.ip.mpg.de/fileadmin/ipmpg/content/stellungnahmen/Answers_Article_13_2017_Hilty_Mosconrev-18_9.pdf
Universities: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3054967
Researchers: https://www.southampton.ac.uk/assets/imported/transforms/content-block/UsefulDownloads_Download/A6F51035708E4D-9EA3582EE9A5CC4C36/Open%20Letter.pdf
UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression: https://www.ohchr.org/Documents/Issues/Opinion/Legislation/OL-OTH-41-2018.pdf[/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:1558113426313-ebe0f776-1ffe-2″ taxonomies=”4883″][/vc_column][/vc_row]