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Free expression in the news

INDEX REPORT
Taking the offensive – defending artistic freedom of expression in the UK

Self-censorship stifling UK artistic expression
Widespread self-censorship and fear of causing offence is suppressing creativity and ideas in the United Kingdom, according to a report published by Index on Censorship. (Index on Censorship)

GLOBAL
Facebook and the outer limits of free speech
The great thing about the Web is that it has given the opportunity to billions of people, who would otherwise never have had a chance to publish, to express their most urgent thoughts with an Internet connection and a few finger-flicks. (Reuters)

ADL’s Foxman Analyzes Intersection of Online Hate and Free Speech in New Book
Abraham H. Foxman, national director of the Anti-Defamation League (ADL), on June 4 is releasing his new book VIRAL HATE: Containing Its Spread on the Internet, co-written with attorney Christopher Wolf, a pioneer in Internet law. (The Algemeiner)

AUSTRALIA
Cash for no comment tramples free speech
Bend over and take your cuts. The headmaster is dishing out the cane to a variety of backsides, most of whom don’t deserve any punishment at all. (The Sydney Morning Herald)

BRAZIL
Brazilian court gags protester in latest social media ruling
A judge from the Brazilian state of São Paulo has barred a protester from an allegedly illegal construction site or even posting about it on Facebook. It’s the latest in a string of rulings targeting social media in the country. Rafael Spuldar reports (Index on Censorship)

CANADA
Rob Ford, Toronto Star, And Libel Chill: How Gawker Got The Crack-Smoking Scoop
If a newspaper isn’t willing to deliver news of public interest to its readers, it’s only a matter of time before someone else will step in. The Toronto Star learned that lesson the hard way earlier this month when Gawker, a New York-based gossip blog, scooped the century-old newspaper by announcing Toronto Mayor “Rob Ford Smokes Crack Cocaine” in a blog post that has since been viewed by almost 1 million people. (International Business Times)

IRAN
US eases export restrictions in bid to aid free speech
The United States has lifted a ban on sales of communications equipment to Iranians and opened access to internet services and social media, aiming to help the Iranian people circumvent tough government controls. (The Telegraph)

SINGAPORE
Singapore: Regulation or censorship?
Singaporean journalists and bloggers are criticising a new media regulation that they believe will stifle independent news and information about the country. (Al Jazeera)

TUNISIA
Tunisia: Amend Counterterrorism Law – Reforms Necessary to Protect Fundamental Rights
Tunisian legislators should revise the 2003 counterterrorism law, Human Rights Watch said today in a letter to the National Constituent Assembly. The 2003 law uses an overly broad definition of terrorism and incitement to terrorism and undermines the right to an effective defense. Prosecutors should not charge anyone under the law until it is amended in line with Tunisia’s human rights obligations, Human Rights Watch said. (All Africa)

Tunisia topless protester faces new charges
A Tunisian judge on Thursday announced fresh charges against a young Tunisian woman with the topless protest group Femen, as three Europeans began a second night in custody after baring their breasts. (AFP)

UNITED KINGDOM
Artists afraid of losing sponsors ‘are self-censoring,’ says Sir Nicholas Serota
The director of Tate Galleries warns of influence of special interests as study reveals limit to creative freedom. (The Independent)

Censorship and the arts: There’s a web of challenges to free expression
Many acknowledge that fear of causing offence feeds self-censorship; others stress that over-protectiveness denies the audience the opportunity to decide for itself. (The Independent)

Theresa May betrays our values by banning extremists from the airwaves
Theresa May’s proposals to ban radical preachers from the airwaves and block extremist websites are illiberal, impractical and may breach the UK’s commitment to human rights, Michael Harris writes. (Index on Censorship)

Snooper’s charter is threat to internet freedom, warn web five in letter to May
Google, Microsoft, Facebook, Yahoo! and Twitter dismiss email tracking as too costly and ‘highly contentious’. (The Guardian)

UNITED STATES
Did Public Television Commit Self-Censorship to Appease Billionaire Funder David Koch?
Filmmakers Tia Lessin and Carl Deal say plans for their new documentary to air on public television have been quashed after billionaire Republican David Koch complained about the PBS broadcast of another film critical of him, “Park Avenue: Money, Power and the American Dream,” by acclaimed filmmaker Alex Gibney. Lessin and Deal were in talks to broadcast their film, “Citizen Koch,” on PBS until their agreement with the Independent Television Service fell through. (Democracy Now)

Dark money is not free speech
Let’s be clear. Gov. Rick Perry’s veto of a “dark money” bill is not about free speech, as he claims.
It’s about dirty politics and secret donors. The veto is support for old-school cronyism. (San Antonion Express-News)

ZIMBABWE
Baba Jukwa manifests freedom of speech
THE Baba Jukwa social media phenomenon — which has taken Zimbabwe by storm as the anonymous writer nears 100 000 likes on Facebook — needs to be evaluated in the context of free speech and free flow of information in a democratising society such as Zimbabwe, as it gives a critical dimension into resistance struggles that do not necessarily involve “big men” but “small men” agency which has sent shock waves across the entire authoritarian system while ruffling feathers of the powers that be. (Zimbabwe Independent)

Theresa May betrays our values by banning extremists from the airwaves

30 May 13 | United Kingdom

Banning hate preachers from the airwaves is the wrong response

Theresa May’s proposals to ban radical preachers from the airwaves and block extremist websites are illiberal, impractical and may breach the UK’s commitment to human rights.

What a difference a month makes. Just weeks after a Queen’s Speech that heralded the end of the draft Communications Data Bill (aka the ‘Snoopers’ Charter’), the government seems to be mounting a dramatic U-turn after the attack in Woolwich. Home Secretary Theresa May has signalled plans are afoot for wider surveillance powers, new bars on the broadcast of radical preachers and the blocking of extremist websites. This is the wrong response. Not only would these measures be wrong in principle, they are likely to make the fight against extremism harder as the government undermines the values it seeks to promote.

It is expected that a new task force will propose granting Ofcom the power to pre-emptively bar radical preachers from the television, in response to Anjem Choudary’s invitation onto Newsnight. Right now, Ofcom can intervene after an unacceptable broadcast has been made. It’s not as if Ofcom wants additional powers – it has publicly stated its powers are already sufficient to tackle extremism on television and the internet. Not unreasonably, Ofcom doesn’t want to get into the censorship game with its staff instructing TV stations which preachers they can and cannot broadcast. It’s not even clear how pre-emptive censorship would work – is the Home Secretary going to create a list of people so undesirable they can’t appear on television (but not so extremist they could be prosecuted for an actual crime)? This heavy-handed political interference in the working of the media would be totally unacceptable in a free country. Former Home Secretary Jack Straw, John Whittingdale MP and former BBC director-general Greg Dyke have all expressed their concerns over this knee-jerk response with Dyke adding: “The point is that the BBC makes its own editorial decisions. If they turn out to be wrong someone can make a complaint to Ofcom afterwards. But you fundamentally change the BBC’s role if they can intervene before. It isn’t workable.”

This isn’t in fact a new proposal. The British government has tried this tactic before by censoring the voices of leading Sinn Fein spokespeople. After a visit to Poland during which Margaret Thatcher told her Communist hosts ‘In modern societies, success depends on openness and free discussions’, her government back home banned the voices of groups associated with terrorism from television. Instead actors had to dub over the words spoken by these group’s spokespeople. Not only was the legislation unworkable, it was embarrassing. When Gerry Adams visited the USA in February 1994, US broadcasters boasted of carrying the voice of ‘the man whose voice is banned in Britain’. There is little doubt Choudary would exploit any ban on his appearance on TV.

Today on Index: Brazilian court gags protester in latest social media ruling | Free expression in the news

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Index on Censorship Events
Caught in the web: how free are we online? June 10, 2013
The internet: free open space, wild wild west, or totalitarian state? However you view the web, in today’s world it is bringing both opportunities and threats for free expression. More >>>

This embarrassment would have profound implications for our role in attempting to promote freedom in the world. How would the Foreign Office be able to decry the trampling of media or internet freedom in Belarus or Iran, if the Home Secretary is busy creating the lists of individuals banned from British TV and which websites to block? How would the British government point to the principle of freedom of expression after controversies such as the Innocence of Muslims when it would be censoring individuals before they have even aired views?

Tough laws are already in place. The Terrorism Act 2000 has proven too broad in scope and detrimental towards freedom of expression. Section 57 of the Terrorism Act makes it illegal to possess an article for a purpose connected with terrorism which has criminalised the study of extremist or terrorist ideology. In 2008, Rizwaan Sabir, a student was arrested on suspicion of possessing extremist material after he worked on his PhD on radical Islamic groups. He was arrested and detained for 6 days and subsequently released without charge. Curtailing researchers’ ability to examine and deconstruct terrorism is just one way in which this law is detrimental to our security.

Anjem Choudary will have his fingers crossed for a TV ban, so he can level the charge of hypocrisy at the British government. Theresa May should not rise to the bait. Inciting violence is already illegal, the law should be enforced. Yet, creating lists by political dictat of who can and can’t appear on TV or the internet is a step too far. If we are to tackle violent extremism it will require the full exposure of flawed opinions to open scrutiny.

Michael Harris, Head of Advocacy, Index on Censorship. Follow him on Twitter @mjrharris

This article originally appeared at politics.co.uk

Free expression in the news

30 May 13 | In the News

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GLOBAL
Blogs still aid global freedom of expression
While blogging has existed for more than a decade, WordPress, the software that runs millions of blogs and websites, celebrated its 10th anniversary. The free service has made it simple for anyone to share their views. (DW)

AUSTRALIA
Freedom of speech our basic right
SINCE October last year, I have been regularly warned that “dissent” against the views and interests of the State Government would jeopardise the riverfront funding, create dangerous “unintended consequences” in vaguely-defined ways, and even cause the government to appoint an administrator to strip council of legal and administrative powers. (Sunraysia Daily)

More Australian government departments admit censoring websites
A national security agency has used federal powers to block Australian access to websites, in the latest development surrounding revived fears of internet censorship. (Financial Review)

BRAZIL
Brazilian court gags protester in latest social media ruling
A judge from the Brazilian state of São Paulo has barred a protester from an allegedly illegal construction site or even posting about it on Facebook. It’s the latest in a string of rulings targeting social media in the country. (Index on Censorship)

IRAN
As Iran’s Presidential Election Approaches, Iranian Journalists Live In Fear
As Iran’s June presidential election approaches, Iranian authorities, as a precautionary measure, have intensified their crackdown on journalists. (International Business Times)

NORWAY
Norwegian Newspaper Dagbladet Sparks Outrage with ‘Blood Libel’ Cartoon
Norwegian newspaper, Dagbladet, has sparked outrage after publishing a cartoon “blood libel” Tuesday. Norway’s third largest newspaper, published the cartoon, in which a modestly dressed woman can be seen holding a blood soaked book and telling law enforcement officers: “Mistreating? No this is tradition, an important part of our belief”! (The Algemeiner)

PAKISTAN
Promoting culture: Artists want clear policy, freedom of expression
The Pakistan Muslim League-Nawaz has won the elections and now people are wondering whether or not they will deliver on all that they promised in their manifesto and how. (The Express Tribune)

RUSSIA
Economist Sergei Guriev flees Russia
Sergei Guriev leaves after being questioned by state investigators amid clampdown on groups critical of Vladimir Putin.
(The Guardian)

UNITED KINGDOM
Index responds to Theresa May comments
Theresa May’s comments on the Andrew Marr Show have lead to a round of speculation around the actions that the Home Secretary will take in the wake of Woolwich, especially in regard to the shelved Communications Data Bill. (Index on Censorship)

UNITED STATES
Iowa Community College to Pay $14,000 to Settle Free Speech Lawsuit
An Iowa community college will pay nearly $14,000 to settle a free-speech lawsuit filed by a student who was barred from distributing fliers criticizing a conference on gay youth. (KCRG.com)

Conservative Media Predicted Obama’s First-Amendment Scandals
The Obama administration’s free-speech scandals of today were repeatedly and accurately predicted by conservative pundits during the 2008 election. Obama’s first presidential campaign launched a series of novel and troubling assaults on its critics, leading many conservatives to warn that both the press and political speech would come under attack should Obama be elected president. Some of the predictions about Obama made by conservative writers in 2008 seem uncannily on-the-mark today. (National Review Online)

How Did Facebook Let Rape Speech Go Unpoliced for So Long?
As of today, Facebook officially no longer allows the pages “Violently Raping Your Friend Just for Laughs” and “Kicking your Girlfriend in the Fanny because she won’t make you a Sandwich” to exist on its social network, and — what do you know? — it only took a well publicized media campaign and angry advertisers to do it. In a message to its users, Facebook has outlined a new policy for dealing with violent and hateful speech to better deal with — though, not outright ban — this kind of “distasteful humor,” which, of course, begs the question: How come Facebook wasn’t doing anything about this in the first place? (The Atlantic)

School Rules and a Twitter “Social Media Riot” or Student Free Speech?
A graduating high school senior finished a 3-day suspension on Wednesday for creating a Twitter hashtag about a budget controversy, but the upstate New York case continues to play out in social media. (Huffington Post)

Colorado county limits free speech to a remote, tiny area around its buildings
With much of Colorado embroiled in a debate about the Second Amendment, one county has decided to ruffle feathers over the First. (The Daily Caller)

The Kochs’ expansive power: PBS donations, censorship, bidding for the Tribune Company
When only six corporations own all of the media in America, who controls the narrative? Are we even a part of the conversation? Now the only bastion of “public programming,” Public Broadcasting Service, looks like it is not so independent of corporate control after all. Big money is also trying to get their corrupt paws on the Tribune Company but those who want to protect a free press are fighting to stop it. (All Voices)

LePage says Medicaid expansion pressure, Democrats’ ‘censorship’ starts in Washington
Gov. Paul LePage on Wednesday railed against an expansion of Medicaid eligibility in Maine, calling it a disturbing national trend of damaging federal mandates. LePage also linked what he called censorship he has experienced in the past two weeks to a pattern of the same at the national level, suggesting that citizens go home and arm themselves if it continues. (Bangor Daily News)

Comcast and Verizon’s Phony Free-Speech Claim
Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit wrote this week that the First Amendment shields Comcast Corp. from Congress’s authority to ensure the free flow of information across the basic network connections it provides. (Bloomberg)

Free expression in the news

22 May 13 | In the News

AZERBAIJAN
Azerbaijani journalist reports threats
The Index Award-winning Azerbaijani journalist Idrak Abbasov says he had been threatened by the family of a man who was arrested after an online posting, according to Institute for Reporters’ Freedom and Safety (IRFS). (Index on Censorship)

BURMA
Myanmar media test new freedoms
Myanmar is planning to hold elections in 2015. Key to the success of the elections will be a free and uncensored press. Recent changes to media law mean that there are more newspapers going to print and censorship has for the most part been lifted. Myanmar’s journalists are now busier – and freer – than ever before. (RFI)

EGYPT
Little regard for freedom of speech in the Arab World
Human Rights Watch published an article Monday evening in which the executive director of the Middle East and North Africa division, Sarah Leah Whitson, said there is a “disconnect between the public’s passionate demonstrations for freedom and their commitment to the legislative and institutional reforms needed to protect their rights against future abuses.” (Daily News, Egypt)

INDIA
India’s plan to monitor web raises concerns over privacy
The Indian government has been implementing a system to track and access calls, texts and online activities. (Index on Censorship)

IRAN
Iran Induces Internet ‘Coma’ Ahead of Elections
With the Iranian presidential elections coming up on June 14, high-speed, filter-free Internet access in the Islamic republic has become scarce. Earlier this month, the Iranian daily Ghanoon likened the state of the Internet in Iran to being in a coma — alive but barely functioning. (Al-Monitor)

IRELAND
Irish Justice Minister’s erotic novel referred to censor’s board
Alan Shatter’s 24-year old work of fiction sent to censor amid controversy over abortion and police contact. Padraig Reidy reports. (Index on Censorship)

ISRAEL
Al Jazeera Caves to Pro-Israel Advocates and Censors Columbia Professor
In what author and founder of website The Electronic Intifada Ali Abunimah, has called “an unprecedented act of political censorship,” Al Jazeera has deleted an op-ed by Colombia University professor Joseph Massad, bowing to pressure from pro-Israel advocates. (PolicyMic)

TUNISIA
Tunisian feminist Amina Tyler arrested for ‘immoral gestures’
Tunisian member of radical feminist group FEMEN was arrested Sunday after allegedly attempting to stage a topless protest. Sara Yasin reports. (Index on Censorship)

UNITED KINGDOM
UK arrest guidelines are a shift towards secrecy
Justice is better served by openness and transparency, writes Padraig Reidy. (Index on Censorship)

UNITED STATES
War on Free Speech: Is violating the Constitution the new normal for the government?
Back in 2010, it was said that if you were not “authorized” to have discussed “classified” information disclosed from WikiLeaks, then you could be implicated for crimes under the U.S. Espionage Act. One legal expert warned that the Espionage Act could make “felons of us all.” (ComputerWorld)

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