Is press freedom going to be an issue in the next European election?

[vc_row][vc_column][vc_custom_heading text=”Responding to violations of media freedom in Hungary has become a conundrum for the EU. With populist parties poised for large gains in the next European election, Sally Gimson explores in the spring 2019 issue of Index on Censorship magazine what the EU could do to uphold free speech in member countries” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]

Hungarian prime minister Viktor Orbán. Credit: EU2017EE Estonian Presidency / Flickr

Hungarian prime minister Viktor Orbán. Credit: EU2017EE Estonian Presidency / Flickr

Dutch MEP Judith Sargentini is enemy number one in the eyes of the Hungarian government. The Green politician incurred that government’s anger when she persuaded the European Parliament to the country losing voting rights.

She accused Hungary, among other democratic failings, of not ensuring a free and uncensored press. But since the vote last September, nothing has happened, except that the Hungarian government launched a campaign against her on state television – and she no longer feels safe to travel there.

“[The government] has been spreading so much hate against me, and if the government is spreading hate, what if there is a lunatic around? I’m not taking the risk,” she said.

“The Hungarian government spent 18 million euros on a publicity campaign against me, after I won the vote – with TV commercials and a full-page advertisement with my face on it.” The other vocal critic of Hungary, Belgian Liberal MEP and former Belgian prime minister Guy Verhofstadt, as well as the philanthropist George Soros were targeted in the same campaign.

With the European elections coming up in May 2019, and the possibility of large gains by nationalist, populist parties, the question is what the EU can do to curb freedom of expression violations on its territory.

The problem according to Lutz Kinkel, managing director of the European Centre for Press and Media Freedom, is the EU has no specific competences over media freedom. No country can join the EU without guaranteeing freedom of expression as a basic human right under Article 49 of the Lisbon Treaty. Article 7 is triggered when there is “a clear risk” of a member state breaching EU values. Although this can lead to a country’s voting rights being taken away, to get to that point, all the other EU countries have to agree.

As Camino Mortera-Martinez, a senior research fellow at the think-tank Centre for European Reform in Brussels, said: “Article 7 is never going to work because it is so vague. [All the other] member states are never going to argue to punish another one by suspending voting rights.”

Historian Tim Snyder, author of The Road to Unfreedom, a book about how Russia works to spread disinformation within the West, told Index he thought Hungary should have been thrown out of the EU a long time ago. But, with Britain’s exit from the EU, it is difficult to start expelling countries now.

“The tricky thing about the European Union, and this goes not just for eastern Europe but everyone, is that there might be rules for how you get in, but once you are in the rules are a lot less clear,” he said.

[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column_inner][vc_column_inner width=”3/4″][vc_custom_heading text=”It’s like joining a sorority with very strict rules for entering, but when you are there you can misbehave and it is covered up by the group” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column_inner][/vc_row_inner][vc_column_text]

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Hungary is the most prominent country in Europe to put restrictions on media freedom. Not only is public service media directly under government control, and critical journalists have been fired, but the government has also made sure that private media has either been driven out of business or taken over by a few oligarchs close to Prime Minister Viktor Orbán. The only independent media are very small operations, publishing almost exclusively on the internet.

Snyder told Index: “I think Europeans generally made the mistake of thinking that it doesn’t matter if we have one small country which is going the wrong way [and that] Hungary can’t possibly affect others. But the truth is – because it is easier to build authoritarianism than democracy – one bad example does ripple outwards and Hungary isn’t just Hungary and Orbán isn’t just Orbán; they represent a kind of mode of doing things which other people can look to, and individual leaders can say: ‘That’s possible’.”

This is borne out by Index on Censorship’s Mapping Media Freedom project which tracked media freedom in 43 European countries and found patterns that showed countries following Hungary’s example including Poland.

Anita Kőműves is an investigative journalist in Hungary who works for non-profit investigative outlet Átlátszó.hu which won an Index award for digital activism in 2015. She says not only does Brussels do nothing to challenge Hungary’s undermining of the free press but people in the commission are persuaded it is not all that bad.

She said: “Orbán is walking a fine line with Brussels. He knows that he cannot go too far. Whatever happens here, it must be deniable and explainable. Orbán goes to Brussels, or sends one of his henchmen, and he explains everything away. He has bad things written about him every single day in Hungary and nobody is in jail, so everything is fine… everything is not fine. Freedom of speech, the fact that I can write anything I like on the internet and nobody puts me in jail, is not the same as freedom of media when you have a strong media sector which is independent of the government.”

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”I think Europeans generally made the mistake of thinking that it doesn’t matter if we have one small country which is going the wrong way” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The solution for Brussels, she argues, is not Article 7 but for the EU to use European competition law to challenge the monopoly on media ownership the government and government-backed companies have in Hungary.

Kinkel says that this would be a warning to other countries, such as Bulgaria and Romania, which are trying to control the media in similar ways and in the case of Bulgaria giving EU funds only to government-friendly media.

“Governments try to get hold of public service media: this is one step,” he said. “And the other step is to throw out investors and media they don’t like and to give media outlets to oligarchs who are government-friendly and so on and so on, and to start new campaigns against independent investigative journalists.”

In Poland, the European Commission invoked Article 7 because of the government’s threats to the independence of the judiciary. The government so far controls only the state media but, as journalist Bartosz Wieliński , head of foreign news at the Gazeta Wyborcza newspaper, points out, the government used that state media to hound the mayor of Gdańsk, Paweł Adamowicz, for months before he was assassinated in January this year.

Wieliński believes it was only after Britain voted to leave the EU that countries realised they would face little sanction if they chipped away at freedom of expression. Although the EU did not collapse as they expected, the initial disarray gave them an opportunity to test European mechanisms and find them wanting.

Maria Dahle is chief executive of the international Human Rights House Foundation. She believes financial sanctions could be the way to stop countries from crossing the line, as Poland and Hungary have.

“When allocating funding, it should be conditional,” she said. “If [member states] do violate the rule of law, it has to have consequences … and the consequences should be around financial support.”

But Mortera-Martinez warns if the EU starts punishing countries too much financially, it will encourage anti-EU feeling which could be counter-productive, leading to election wins for populist, nationalist parties. The effect of any populist gains in the May elections concerns Kinkel, also: “What is clear is that when the populist faction grows, they have the right to have their people on certain positions on committees and so on. And this will be a problem… especially for press and media freedom,” he said.

Back at the European Parliament, Sargentini is impatient. “It’s about political will, and the EU doesn’t have it at the moment,” she said. “It’s like joining a sorority [with] very strict rules for entering, but when you are there you can misbehave and it’s covered up by the group.”

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Sally Gimson is the deputy editor of Index on Censorship magazine.

Index on Censorship’s spring 2019 issue is entitled Is this all the local news? What happens if local journalism no longer holds power to account?

Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”Is this all the local news?” font_container=”tag:h3|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2018%2F12%2Fbirth-marriage-death%2F|||”][vc_column_text]The spring 2019 issue of Index on Censorship magazine asks Is this all the local news? What happens if local journalism no longer holds power to account?

With: Libby Purves, Julie Posetti and Mark Frary[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner][vc_single_image image=”105481″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2018/12/birth-marriage-death/”][/vc_column_inner][/vc_row_inner][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Subscribe” font_container=”tag:h3|text_align:left”][vc_row_inner][vc_column_inner][vc_column_text]In print, online. In your mailbox, on your iPad.

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SUBSCRIBE NOW[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]This article has been updated on 18 April 2019 to reflect that the name of organisation Lutz Kinkel works for had been written incorrectly. The article read “European Centre for Press and Media Reform”, when it should have read “European Centre for Press and Media Freedom”.[/vc_column_text][/vc_column][/vc_row]

Online harms proposals pose serious risks to freedom of expression

[vc_row][vc_column][vc_column_text]Index on Censorship has raised strong concerns about the government’s focus on tackling unlawful and harmful online content, particularly since the publication of the Internet Safety Strategy Green Paper in 2017. In October 2018, Index published a joint statement with Global Partners Digital and Open Rights Group noting that any proposals that regulate content are likely to have a significant impact on the enjoyment and exercise of human rights online, particularly freedom of expression.

We have also met with officials from the Department for Digital, Culture, Media and Sport, as well as from the Home Office, to raise our thoughts and concerns.

With the publication of the Online Harms White Paper, we would like to reiterate our earlier points.

While we recognise the government’s desire to tackle unlawful content online, the proposals mooted in the white paper – including a new duty of care on social media platforms, a regulatory body, and even the fining and banning of social media platforms as a sanction – pose serious risks to freedom of expression online.

These risks could put the United Kingdom in breach of its obligations to respect and promote the right to freedom of expression and information as set out in Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, amongst other international treaties.

Social media platforms are a key means for tens of millions of individuals in the United Kingdom to search for, receive, share and impart information, ideas and opinions. The scope of the right to freedom of expression includes speech which may be offensive, shocking or disturbing. The proposed responses for tackling online safety may lead to disproportionate amounts of legal speech being curtailed, undermining the right to freedom of expression.

In particular, we raise the following concerns related to the white paper:

  1. Lack of evidence base

The wide range of different harms which the government is seeking to tackle in this policy process require different, tailored responses. Measures proposed must be underpinned by strong evidence, both of the likely scale of the harm and the measures’ likely effectiveness. The evidence which formed the base of the Internet Safety Strategy Green Paper was highly variable in its quality. Any legislative or regulatory measures should be supported by clear and unambiguous evidence of their need and effectiveness.

  1. Duty of care concerns/ problems with ‘harm’ definition

Index is concerned at the use of a duty of care regulatory approach. Although social media has often been compared the public square, the duty of care model is not an exact fit because this would introduce regulation – and restriction – of speech between individuals based on criteria that is far broader than current law. A failure to accurately define “harmful” content risks incorporating legal speech, including political expression, expressions of religious views, expressions of sexuality and gender, and expression advocating on behalf of minority groups.

  1. Risks in linking liability/sanctions to platforms over third party content

While well-meaning, proposals such as these contain serious risks, such as requiring or incentivising wide-sweeping removal of lawful and innocuous content. The imposition of time limits for removal, heavy sanctions for non-compliance or incentives to use automated content moderation processes only heighten this risk, as has been evidenced by the approach taken in Germany via its Network Enforcement Act (or NetzDG), where there is evidence of the over-removal of lawful content.

  1. Lack of sufficient protections for freedom of expression.

The obligation to protect users’ rights online that is included in the white paper gives insufficient weight to freedom of expression. A much clearer obligation to protect freedom of expression should guide development of future regulation.

In recognition of the UK’s commitment to the multistakeholder model of internet governance, we hope all relevant stakeholders, including civil society experts on digital rights and freedom of expression, will be fully engaged throughout the development of the Online Harms bill.

[/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:1560957277247-e6faa48c-4eca-0″ taxonomies=”15847″][/vc_column][/vc_row]

#IndexAwards2019: Index announces Freedom of Expression Awards winners

[vc_row full_width=”stretch_row”][vc_column][vc_video link=”https://youtu.be/JeDl0BWXXOc”][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”105881″ img_size=”full” add_caption=”yes” alignment=”center” css_animation=”fadeIn”][vc_column_text]A Kurdish artist imprisoned for her paintings of the destruction of a town in Turkey’s Kurdish region and a worldwide network monitoring threats and abuses against editorial cartoonists around the world are among the winners of the 2019 Index on Censorship Freedom of Expression Awards.

The winners, who were announced on Thursday evening at a gala ceremony in London, also include a Colombian civil society organisation that challenges online trolls by flagging abuse and an award-winning broadcast journalist from Cameroon who was arrested in November 2018 for her reporting. 

Awards were presented in four categories: arts, campaigning, digital activism and journalism.

The winners are: Turkish artist Zehra Doğan (arts); Cartoonists Rights Network International (campaigning); Fundación Karisma, an organisation challenging the growing online harassment of women in Colombia (digital activism); and Mimi Mefo, one of less than a handful of journalists working without fear or favour in Cameroon’s climate of repression and self-censorship (journalism).

“These winners deserve global recognition for their amazing work,” said Index on Censorship CEO Jodie Ginsberg. “Like all those nominated, they brave massive personal and political hurdles simply so that others can express themselves freely.”

Drawn from more than 400 public nominations, the winners were presented with their awards at a ceremony at The Mayfair Hotel, London, hosted by comedian Nish Kumar.

Actors, writers and musicians were among those celebrating with the winners. The guest list included Tim Moloney QC, the deputy head of Doughty Street Chambers, writer, broadcaster and chair of Index on Censorship Trevor Philips, Malaysian cartoonist Zunar, historian and commentator Timothy Garton Ash and more.  

Winners were presented with cartoons created by Egyptian cartoonist Doaa el-Adl.

Each of the award winners will become part of the fifth cohort of Freedom of Expression Awards fellows. They join last year’s winners — The Museum of Dissidence, a public art project and website celebrating dissent in Cuba (arts); The Egyptian Commission for Rights and Freedoms, one of the few human rights organisations still operating in a country which has waged an orchestrated campaign against independent civil society groups (campaigning); Habari RDC, a collective of more than 100 young Congolese bloggers and web activists, who use Facebook, Twitter and YouTube to give voice to the opinions of young people from all over the Democratic Republic of Congo (digital activism); and Wendy Funes, an investigative journalist from Honduras who regularly risks her life to report on what is happening in the country, an extremely harsh environment for reporters (journalism) — as part of a world-class network of campaigners, activists and artists sharing best practices on tackling censorship threats internationally.

Through the fellowship, Index works with the winners – both during an intensive week in London and the rest of the awarding year – to provide long-term, structured support. The goal is to help winners maximise their impact, broaden their support and ensure they can continue to excel at fighting free expression threats on the ground.

This year’s panel of judges included actor and filmmaker Khalid Abdalla, writer and social activist Nimco Ali, writer and academic Kate Devlin and Rappler CEO and executive editor Maria Ressa.

Awards judge Abdalla said: “The abyss we are facing all over the world requires acts of courage and intellect capable of changing the terms of how we think and respond to the challenges ahead. We have to celebrate those who inspire us and lead by example, not just because they have managed to break barriers in their own contexts, but because some part of what they do holds a key for us all.”

This is the 19th year of the Freedom of Expression Awards. Former winners include activist Malala Yousafzai, cartoonist Ali Ferzat, journalists Anna Politkovskaya and Fergal Keane and Bahrain Center for Human Rights.

Ziyad Marar, president of global publishing at Sage, said: “We are once again proud to sponsor tonight’s awards ceremony. We’re inspired by the achievements recognised tonight and remain in awe of Index’s work to champion, and bring to light, the work of these remarkable individuals. The protection and promotion of free speech is a belief deeply ingrained within our values at Sage and, as publisher of the magazine, we’re committed to supporting Index as they continue to confront issues of censorship globally. Congratulations to all those recognised tonight.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”2019 Freedom of Expression Arts Award” font_container=”tag:h3|text_align:center” use_theme_fonts=”yes”][vc_single_image image=”105885″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Zehra Doğan | Turkey

Released from prison on 24 February 2019, Zehra Doğan is a Kurdish painter and journalist who, during her imprisonment, was denied access to materials for her work. She painted with dyes made from crushed fruit and herbs, even blood, and used newspapers and milk cartons as canvases. When she realised her reports from Turkey’s Kurdish region were being ignored by mainstream media, Doğan began painting the destruction in the town of Nusaybin and sharing it on social media. For this she was arrested and imprisoned. During her imprisonment she refused to be silenced and continued to produce journalism and art. She collected and wrote stories about female political prisoners, reported on human rights abuses in prison, and painted despite the prison administration’s refusal to supply her with art materials.

Speech: “It is not only art that has had boundaries drawn around it in Turkey”

Profile: Artist Zehra Doğan refused to be silenced[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”2019 Freedom of Expression Campaigning Award” font_container=”tag:h3|text_align:center” use_theme_fonts=”yes”][vc_single_image image=”105883″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Cartoonists Rights Network International | United States / International

Cartoonists Rights Network International (CRNI) is a small organisation with a big impact: monitoring threats and abuses against editorial cartoonists worldwide. Marshalling an impressive worldwide network, CRNI helps to focus international attention on cases in which cartoonists are persecuted and put pressure on the persecutors. CRNI tracks censorship, fines, penalties and physical intimidation – including of family members, assault, imprisonment and even assassinations. Once a threat is detected, CRNI often partners with other human rights organisations to maximise the pressure and impact of a campaign to protect the cartoonist and confront those who seek to censor political cartoonists.

Speech: “Like virtually no other profession the cartoonist makes it their business to remind the citizenry that the emperor is naked”

Profile: Cartoonists Rights Network International defends cartoonists worldwide[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”2019 Freedom of Expression Digital Activism Award” font_container=”tag:h3|text_align:center” use_theme_fonts=”yes”][vc_single_image image=”106261″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]

Fundación Karisma, Colombia

Fundación Karisma is a civil society organisation that challenges online trolls by using witty online ‘stamps’ that flag up internet abuse. It is an initiative that uses humour to draw attention to a serious problem: the growing online harassment of women in Colombia and its chilling effect. The organisation offers a rare space to discuss many issues at the intersection of human rights and technology in the country and then tackles them through a mix of research, advocacy and digital tools. Karisma’s “Sharing is not a crime” campaign supports open access to knowledge against the backdrop of Colombia’s restrictive copyright legislation.

Speech: “At the heart of Karisma’s work has always been the promotion of access to knowledge and culture”

Profile: Colombia’s Fundación Karisma works to enhance digital rights

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”2019 Freedom of Expression Journalism Award” font_container=”tag:h3|text_align:center” use_theme_fonts=”yes”][vc_single_image image=”105884″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Mimi Mefo | Cameroon

Mimi Mefo is one of less than a handful of journalists working without fear or favour in Cameroon’s climate of repression and self-censorship. An award-winning broadcast journalist at private media house Equinoxe TV and Radio, Mefo was arrested in November 2018 after she published reports that the military was behind the death of an American missionary in the country. Mefo reports on the escalating violence in the country’s western regions, a conflict that has become known as the “Anglophone Crisis” and is a leading voice in exposing the harassment of other Cameroonian journalists, calling publicly for the release of those jailed.

Speech: “This award is for those who stood and have continued to stand for press freedom”

Profile: Mimi Mefo works without fear or favour in Cameroon’s climate of repression and self-censorship[/vc_column_text][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][vc_single_image image=”105882″ img_size=”full” add_caption=”yes” css_animation=”fadeIn”][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces”][vc_column][vc_column_text]

High resolution images are available on flickr

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Index is grateful to those who are supporting the 2019 Awards:

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UK government proposals to tackle online harms pose real risk to online freedom of expression

[vc_row][vc_column][vc_single_image image=”103235″ img_size=”full”][vc_column_text]The Rt Hon Jeremy Wright QC MP
Secretary of State for Digital, Culture, Media and Sport
100 Parliament Street
London SW1A 2BQ

6 March 2019

Re: Online Harms White Paper

Dear Secretary of State,

We write to you as civil society organisations who work to promote human rights, both offline and online. As such, we are taking a keen interest in the government’s focus on tackling unlawful and harmful online content, particularly since the publication of the Internet Safety Strategy Green Paper in 2017. In October 2018, we published a joint statement noting that any proposals are likely to have a significant impact on the enjoyment and exercise of human rights online, particularly freedom of expression. We have also met with your officials from the Department for Digital, Culture, Media and Sport, as well as from the Home Office, to raise our thoughts and concerns. With the publication of the Online Harms White Paper imminent, we wanted to write to you personally. A number of our organisations wrote to you about this last summer, and your office kindly offered to meet us. We would be very keen to meet in person, if that offer is still open.

While we recognise and support the government’s legitimate desire to tackle unlawful and harmful content online, the proposals that have been mooted publicly by government ministers in recent months – including a new duty of care on social media platforms, a new regulatory body, and even the fining and banning of social media platforms as a sanction – have reinforced our initial concerns over the serious risks to freedom of expression online that could stem from the government’s proposals. These risks could put the United Kingdom in breach of its obligations to respect and promote the right to freedom of expression and information as set out in Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, amongst other international treaties.

Social media platforms are a key means for tens of millions of individuals in the United Kingdom to search for, receive, share and impart information, ideas and opinions. The scope of the right to freedom of expression includes speech which may be offensive, shocking or disturbing. There is a real risk that the currently mooted proposals may lead to disproportionate amounts of speech being curtailed, undermining the right to freedom of expression.

Given this risk, we believe that it is essential for human rights requirements and considerations to be at the heart of the policymaking process. We urge the government to take a ‘human rights by design’ approach towards all legislation, regulation and other measures ultimately proposed. In particular, we make the following specific recommendations:

  • First, the government must set out a clear evidence base in relation to any proposals put forward in the Online Harms White Paper. The wide range of different harms which the government is seeking to tackle in this policy process require different, tailored responses. Measures proposed must be underpinned by strong evidence, both of the likely scale of the harm and the measures’ likely effectiveness. The evidence which formed the base of the Internet Safety Strategy Green Paper was highly variable in its quality. Any legislative or regulatory measures proposed in the White Paper should be supported by clear and unambiguous evidence of their need and effectiveness.
  • Second, we urge the government to fully to consider non-legislative measures before opting for regulation in this field. Other potentially highly effective options such as increasing public awareness and digital literacy, a curriculum and resource focus on digital skills in schools, promoting “safety by design” amongst tech product designers and developers, and supporting existing initiatives being undertaken, should be set out in the Online Harms White Paper.
  • Third, greater transparency on the part of social media platforms and others involved in the moderation and removal of online content should be the starting point when it comes to any regulation being considered. Transparency should not simply focus on the raw number of pieces of content flagged and removed; it should instead more holistically require platforms to provide user-accessible information about the policies they have in place to respond to unlawful and harmful content, how those policies are implemented, reviewed and updated to respond to evolving situations and norms, and what company or industry-wide steps they have or are planning to improve these processes.
  • Fourth, we strongly caution against proposals which attach liability to platforms for third party content, such as a binding Code of Practice, a new ‘duty of care’ or a new regulatory body. While well-meaning, proposals such as these contain serious risks, such as requiring or incentivising wide-sweeping removal of lawful and innocuous content. The imposition of time limits for removal, heavy sanctions for non-compliance or incentives to use automated content moderation processes only heighten this risk, as has been evidenced by the approach taken in Germany via its Network Enforcement Act (or NetzDG), where there is evidence of the over-removal of lawful content.(1)
  • Fifth, we expect any legislative or regulatory proposals to contain explicit and unambiguous language on the importance of freedom of expression. It is vital that any legislative or regulatory scheme which seeks to limit speech explicitly references the human right to free expression so that this infuses how the scheme is implemented and enforced in practice. Such language should be set out both any legislation ultimately proposed, as well as any secondary legislation or regulatory guidance ultimately developed.
  • Sixth, in recognition of the UK’s commitment to the multistakeholder model of internet governance, we stress the importance for all relevant stakeholders, including civil society, to be fully engaged throughout the Online Harm White Paper’s consultation period, and able to participate in the design and implementation of any measures which are finally adopted.

We appreciate your consideration of these points and look forward to continuing our engagement with your department as the Online Harms White Paper is published and throughout the policy process.

Yours sincerely,[/vc_column_text][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]Charles Bradley
Executive Director
Global Partners Digital[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]Jodie Ginsberg
Chief Executive
Index on Censorship[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]Jim Killock
Executive Director
Open Rights Group[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]
1. See, for example, Scott, M. and Delcker, J., “Free speech vs. censorship in Germany”, Politico, 14 January 2018, available at: https://www.politico.eu/article/germany-hate-speech-netzdg-facebook-youtube-google-twitter-free-speech, and Kinstler, L., “Germany’s Attempt to Fix Facebook Is Backfiring”, The Atlantic, 18 May 2018, available at: https://www.theatlantic.com/international/archive/2018/05/germany-facebook-afd/560435/.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1551880941891-44b3d529-2ac3-9″ taxonomies=”16927, 4883″][/vc_column][/vc_row]

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