In conjunction with the Cambridge Festival of Ideas 2015, we will be publishing a series of articles that complement many of the upcoming debates and discussions. We are offering these articles from Index on Censorship magazine for free (normally they are held within our paid-for archive) as part of our partnership with the festival. Below is and article by Ismail Einashe on television journalist Temesghan Debesai’s escape from Eritrea, taken from the spring 2014 issue. This article is a great starting point for those planning to attend the A New Home: Asylum, Immigration and Exile in Today’s Britain session at the festival.
Television journalist Temesghen Debesai had waited years for an opportunity to make his escape, so when the Eritrean ministry of information sent him on a journalism training course in Bahrain he was delighted, but fearful too. On arrival in Bahrain, he quietly evaded the state officials who were following him and got in touch with Reporters Sans Frontières. Shortly after he met officials from the United Nations High Commissioner for Refugees who verified his details. He then went into hiding for two months so the Eritrean officials in Bahrain could not catch up with him and eventually escaped to Britain.
Debesai told no one of his plans, not even his family. He was concerned he was being watched. He says a “state of paranoia was everywhere” and there was no freedom of expression. Life in Eritrea, he explains, had become a “psychological prison”.
After graduating top of his class from Eritrea’s Asmara University, Debesai became a well-known TV journalist for state-run news agency Erina Update. But from 2001, the real crackdown began and independent newspapers such as Setit, Tsigenai, and Keste Debena, were shut down. In raids journalists from these papers were arrested en masse. He suspects many of those arrested were tortured or killed, and many were never heard of again. No independent domestic news agency has operated in Eritrea since 2001, the same year the country’s last accredited foreign reporter was expelled.
The authorities became fearful of internal dissent. Debesai noticed this at close hand having interviewed President Afwerki on several occasions. He describes these interviews as propaganda exercises because all questions were pre-agreed with the minister of information. As the situation worsened in Eritrea, the post-liberation haze of euphoria began to fade. Eritrea went into lock-down. Its borders were closed, communication with the outside world was forbidden, travel abroad without state approval was not allowed. Men and women between the ages of 18 and 40 could be called up for indefinite national service. A shoot-to-kill policy was put in operation for anyone crossing the border into Ethiopia.
Debesai felt he had no other choice but to leave Eritrea. As a well-known TV journalist he could not risk walking across into Sudan or Ethiopia, so he waited until he got the chance to leave for Bahrain.
Eritrea was once a colony of Italy. It had come under British administrative control in 1941, before the United Nations federated Eritrea to Ethiopia in 1952. Nine years later Emperor Haile Selassie dissolved the federation and annexed Eritrea, sparking Africa’s longest war. This long bitter war glued the Eritrean people to their struggle for independence from Ethiopia. Debesai, whose family went into exile to Saudi Arabia during the 1970s, returned to Eritrea as a teenager in 1992, a year after the Eritrean People’s Liberation Front captured the capital Asmara.
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For Debesai returning to Asmara had been a “personal choice”. He wanted to be a part of rebuilding his nation after a 30-year conflict, and besides, he says, life in post-war Asmara was “socially free”, a welcome antidote to conservative Saudi life. Those heady days were electric, he says. An air of “patriotic nationalism” pervaded the country. Women danced in the streets for days welcoming back EPLF fighters. Asmara had remained largely unscathed during the war thanks to its high mountain elevation. Much of its beautiful 1930s Italian modernist architecture was intact, something Debesai was delighted to see.
But those early signs of hope that greeted independence quickly soured. By 1993 Eritreans overwhelmingly voted for independence, and since then Eritrea has been run by President Isaias Afwerki, the former rebel leader of the EPLF. Not a single election has been held since the country gained independence, and today Eritrea is one of the world’s most repressive and secretive states. There are no opposition parties and no independent media. No independent public gatherings or civil society organisations are permitted. Amnesty International estimates there are 10,000 prisoners of conscience in Eritrea, who include journalists, critics, dissidents, as well as men and women who have evaded conscription. Eritrea is ranked the worst country for press freedoms in the world by Reporters Sans Frontières.
The only way for the vast majority of Eritreans to flee their isolated, closed-off country is on foot. They walk over the border to Sudan and Ethiopia. The United Nations says there are 216,000 Eritrean refugees in Ethiopia and Sudan. By the end of October 2014, Sudan alone was home to 106,859 Eritrean refugees in camps at Gaderef and Kassala in the eastern, arid region of the country.
In Ethiopia, Eritrean refugees are found mostly in four refugee camps in the Tigray region, and two in the Afar region in north-eastern Ethiopia.
During the first 10 months of 2014, 36,678 Eritreans sought refuge across Europe, compared to 12,960 during the same period in 2013. Most asylum requests were to Sweden (9,531), Germany (9,362) and Switzerland (5,652). The UN says the majority of these Eritrean refugees have arrived by boat across the Mediterranean. The majority of them are young men, who have been forced into military conscription. All conscripts are forced to go to Sawa, a desert town and home to a military camp, or what Human Rights Watch has called an open-air prison. Many young men see no way out but to leave Eritrea. For them, leaving on a perilous journey for a life outside their home country is better than staying put. The Eritrean refugee crisis in Europe took a sharp upward turn in 2014, as the UNHCR numbers show. And tragedies, like the drowning of hundreds of Eritrean refugees off the Italian island of Lampedusa in October 2013, demonstrate the perils of the journey west and how desperate these people are.
Even when Eritrean refugees go no further than Sudan and Ethiopia, they face a grim situation. According to Lul Seyoum, director of International Centre for Eritrean Refugees and Asylum Seekers (ICERAS), Eritrean refugees in a number of camps inside Sudan and Ethiopia face trafficking, and other gross human rights violations. They are afraid to speak and meet with each other. She said, that though information is hard to get out, many Eritreans find themselves in tough situations in these isolated camps, and the situation has worsened since Sudan and Eritrea became closer politically.
Eritrea had a hostile relationship with Sudan during the 1990s. It supported the Sudan People’s Liberation Movement, much to the anger of President Al Bashir who was locked in a bitter war with the people of now-independent South Sudan. Today tensions have eased considerably, and President Afwerki has much friendly relations with Sudan to the detriment of then tens of thousands of Eritrean refugees in Sudan.
A former Eritrean ministry of education official, who is a refugee now based in the UK and who does not want to be named because of safety fears, believes there’s no freedom of expression for Eritreans in Ethopian camps, such as Shimelba.
The official says in 2013 a group of Eritrean refugees came together at a camp to express their views on the boat sinking near Lampedusa and they were abused by the Ethiopian authorities who then fired at them with live bullets.
Seyoum believes that the movement of Eritreans in camps in Ethiopia is restricted. “The Ethiopian government does not allow them to leave the camps without permission,” she says. Even for those who get permission to leave very few end up in Ethiopia, instead through corrupt mechanisms are trafficked to Sudan. According to Human Rights Watch, hundreds of Eritreans have been enslaved in torture camps in Sudan and Egypt over the past 10 years, many enduring violence and rape at their hands of their traffickers in collusion with state authorities.
Even when Eritreans make it to the West, they are still afraid to speak publicly and many are fearful for their families back home. Now based in London, Debesai is a TV presenter at Sports News Africa. As an exile who has taken a stance against the regime of President Afewerki, he has faced harassment and threats. He is harassed over social media, on Twitter and Facebook. Over coffee, he shows me a tweet he’s just received from Tesfa News, a so-called “independent online magazine”, in which they accuse him of being a “backstabber” against the government and people of Eritrea. Others face similar threats, including the former education ministry official.
For this piece, a number of Eritreans said they did not want to be interviewed because they were afraid of the consequences. But Debesai said: “It takes time to overcome the past, so that even for those in exile in the West the imprisonment continues.” He adds: “These refugees come out of a physical prison and go into psychological imprisonment.”
Ismail Einashe is a journalist and a researcher, based in London. He tweets@IsmailEinashe
Join us on 25 October at the Cambridge Festival of Ideas 2015 for Question Everything an unconventional, unwieldy and disruptive day of talks, art and ideas featuring a broad range of speakers drawn from popular culture, the arts and academia. Moderated by Index on Censorship CEO Jodie Ginsberg.
A Kenyan woman speaking out for women in one of the world’s most dangerous regions and a female journalist who exposed an unreported uprising in Saudi Arabia are among the winners of this year’s Index on Censorship Freedom of Expression Awards.
“Our shortlisted nominees are all tackling direct and serious threats to stifle free speech,” said Index on Censorship CEO Jodie Ginsberg. “We were humbled and inspired by their stories, and their dedication to ensuring we can all speak freely.”
Index on Censorship 2015 Freedom of Expression award winners: Rafael Marques de Morais (journalism), Safa Al Ahmad (journalism), Amran Abdundi (campaigning), Mouad “El Haqed” Belghouat (arts) and Tamas Bodoky (digital activism) (Photo: Alex Brenner for Index on Censorship)
Awards are presented in four categories: journalism, arts, campaigning and digital activism. The winners were Saudi journalist Safa Al Ahmad and Angolan reporter Rafael Marques de Morais (journalism – jointly awarded); Moroccan rapper “El Haqed” (arts); Kenyan women’s rights campaigner Amran Abdundi (campaigning); and Hungarian freedom of information website Atlatszo (digital activism).
The crime of free expression
Journalist and campaigner Mariane Pearl, journalism award recipient Rafael Marques de Morais, Guardian editor Alan Rusbridger and journalism award recipient Safa Al Ahmad (Photo: Alex Brenner for Index on Censorship)
Al Ahmad was recognised for her documentary Saudi’s Secret Uprising, which exposed details of an unreported mass demonstration in Saudi Arabia. “Safa Al Ahmad dared to go into places that are difficult for women and for reporters, to bring that information back and share it with the world,” said Turkish author Elif Shafak, one of the five judges. Saudi Arabia is a mystery, even to its own people, said Al Ahmad in her acceptance speech: “Parts of our history is deliberately concealed, the present is muddled with rumours and half-truths. The government-owned and controlled media play a major role in the dissemination of those false realities of ourselves and others. This makes facts a precious commodity in Saudi Arabia.”
Angolan investigative reporter Marques de Morais has been repeatedly prosecuted for his work exposing government and industry corruption and will go on trial on 24 March charged with defamation. “Rafael is a very important individual doing very important work in a very, very difficult environment,” said judge Sir Keir Starmer QC. Marques de Morais dedicated his speech to the Zone 9 group of Ethiopian bloggers currently in jail “for the crime of exercising their right to freedom of expression”.
Doughty Street barrister Keir Starmer, campaigning award recipient Amran Abdundi and Index on Censorship CEO Jodie Ginsberg (Photo: Alex Brenner for Index on Censorship)
The winner in the campaigning category, Amran Abdundi, is a women’s rights activist based in north-eastern Kenya and runs a group helping women along the dangerous border with Somalia, where terrorism and extremist violence dominate. Judge Martha Lane Fox said: “Amran Abdundi was a standout candidate for me. She is doing something incredibly powerful in an unbelievably complicated and dangerous situation.” Abdundi dedicated her award to the “marginalised women of northern Kenya… who will now know that their struggles and their efforts to fight for their rights are being recognised internationally”.
Help us let the world know the truth
Arts category winner Mouad “El Haqed” Belghouat, novelist Elif Shafak and actor Stella Odunlami (Photo: Alex Brenner for Index on Censorship)
Arts category winner Mouad “El Haqed” Belghouat is a Moroccan rapper and human rights activist whose music highlights widespread poverty and endemic government corruption in Morocco. He has been imprisoned on spurious charges three times in as many years, most recently in 2014. Belghouat said in his acceptance speech: “I have been through difficult times: I was jailed, fired from my work, rejected by many friends. I am still forbidden to sing in my own country. But after all that I am still determined that I will never change my position. I will fight for freedom, equality and human rights for ever.” Lane Fox said Belghouat had taken his music and “translated it into a kind of online activism, but then, crucially, mobilised people in the street”.
The digital award, decided by public vote, went to Hungarian investigative news outlet Atlatszo.hu managed by Tamás Bodoky. The website acts as watchdog to a Hungarian government which has increasingly tightened its grip on press freedom in the country. Editor-in-chief Bodoky said Atlatszo.hu called on all those who believe that independent journalism in Hungary is under threat. “All those who agree that politics and business interests have sunk their claws into everyday life. All those who know that taxpayer money is vanishing. We are calling on you to help us let the world know the truth.”
Entrepreneur Martha Lane Fox, digital activism award recipient Tamas Bodoky and actor Jolyon Rubinstein (Photo: Alex Brenner for Index on Censorship)
The awards were presented by the judges along with special guests including Guardian editor Alan Rusbridger.
A special award was also given on the evening to honour the many Azerbaijani journalists and activists jailed or forced into exile or hiding following a recent crackdown by the government. Former award winner and journalist Idrak Abbasov, who was forced to flee Azerbaijan last year, accepted the award on behalf of all those facing persecution in the country. “I call upon the world community to help Azerbaijan… so that our colleagues might be released and that our country might become a normal state in which we and others might live freely,” Abbasov told the audience in a video speech.
The evening featured an exhibition of specially commissioned cartoons by international cartoonists, reflecting on the past 12 months for free expression. Most of the artists had direct experience of persecution over their work, including Syrian political cartoonist Ali Ferzat – a former Index award winner – and Malaysia’s Zunar. “In the wake of the attacks on Charlie Hebdo, we wanted to pay homage to the work of cartoonists who are so often the first to face censorship in any move to stifle free expression,” said Index’s Jodie Ginsberg.
Both as a journalist and human rights activist, Rafael Marques de Morais has exposed government and industry corruption in Angola – speaking out for those whose human rights have been violated in his country. Despite repeated arrests and threats, including a 40-day detention without charge during which he was denied food and water for days, Marques de Morais has continued his investigations, most recently detailing human rights abuses within Angola’s diamond companies – including 500 cases of torture and 100 murders of villagers living in the vicinity. After filing charges of crimes against humanity against seven Angolan generals, Marques do Morais is now being counter-sued for $1.6 (£1.09) million. Undeterred, he continues to write on corruption in Angola. He is the joint recipient of the 2015 Index on Censorship Freedom of Expression Award for Journalism.
With an award comes a greater responsibility. It is therefore my privilege to accept this journalism award, and dedicate it to my fellow Ethiopian colleagues Eskinder Nega, Reeyot Alemo, and the Zone 9 bloggers. They are in jail, currently serving some of the harshest sentences in Africa, for the crime of exercising their right to freedom of expression. For over a year, the Ethiopian government has denied adequate health care to Reeyot Alemu, who is in desperate need.
Ethiopia is the seat of the African Union, and its regime is one of the worst offenders for upholding the freedoms of the press and of expression. When a regime in Africa succeeds in trampling their citizens’ rights with impunity, and enjoys such good international standing and legitimacy as Ethiopia, it becomes a textbook case for other authoritarian regimes.
I believe in the power of solidarity. I have experienced troubles of my own. It has been the solidarity of others that has helped to strengthen my courage and resolve to continue my journey.
Back in 1996, being in London and aghast at press censorship in Angola, I decided to bring it to international attention. Because I could not speak English, I fumbled through an organization’s directory, and found Index on Censorship. I could understand the word Censorship. I called them and attended a meeting on Africa. My remarks were most convincing and incredibly short! “Censorship in Angola bad. Dos Santos [the president] bad. Very bad!” Then, a few months later I had an article translated and published in Index’s magazine. It was disseminated through other publications in a number of countries.
On my return to Angola from this trip, I will be sitting in court, on 24 March, as the defendant on 11 separate charges of defamation brought against me by seven powerful generals and four of their business associates. I wrote a book that exposed human rights abuses in the diamond industry, in which the plaintiffs are major shareholders and whose private security company has executed many of the violations.
I am proud and honored to stand up against such a mighty power to enable many of the victims to speak out through my reports, which I have been producing for the past 10 years. I will come out of this trial stronger and empowered by the experience.
Thank you very much for this wonderful occasion.
Journalist and human rights activist Rafael Marques de Morais (Photo: Alex Brenner for Index on Censorship)
The state of free speech in India remains a cause for concern judging by the rise in recorded attacks on the media and the increasing use of defamation suits — the most marked trends in 2014.
The figure for attacks on the media rose sharply with better data collection. There were at least 85 attacks this year. For the first time, since January 2014, the National Crime Records Bureau (NCRB) has begun collecting data on attacks on the media as a separate category.
Reported cases of defamation and legal notices alleging defamation totaled 21 in 2014 (till December 15). Of the eleven new cases recorded, seven were filed against media, two against college publications, and 3 against individual politicians. Two were court orders against publishers, a total of 14. Those against the media included the cases filed by Justice Swatanter Kumar and Indian captain M.S. Dhoni; politician Gurudas Kamat, and the Sahara Group.
In addition, one defamation conviction was upheld in a case filed earlier, against Vir Sanghvi when he was at the Hindustan Times.
Seven legal notices were served during the year — five to media houses, one to a marketing federation for the advertisement they ran, and one to journalist-authors. The last was sent by Mukesh Ambani-led Reliance Industries Ltd to Paranjoy Guha Thakurta and other authors of the book Gas Wars: Crony capitalism and the Ambanis. A Rs 100 crore notice was sent by industrialist Sai Rama Krishna Karuturi, Managing Director of Karuturi Global Ltd, to environmental journalist Keya Acharya. Infosys, and a former police commissioner in Pune also served legal notices on the media in the year gone by.
There was a drop in the deaths of journalists from eight in 2013 to two this year. However, a hate crime was recorded in the death of a software engineer in Pune, underlining the spike in hate speech cases. Apart from censorship across media and of books, theatre and film, there were at least 85 cases of attacks on journalists, 62 of which were from Uttar Pradesh alone.
These and other instances form part of the reported cases in the Free Speech Tracker of the Free Speech Hub till December 15, 2014. A project of the media watch site The Hoot the Free Speech Hub has been monitoring freedom of expression in India since 2010 and this is its fifth annual report. The tracker looks at a range of issues, including journalists’ deaths, attacks on journalists and on citizens, threats and arrests arising out of free speech issues, censorship, defamation, privacy, contempt, surveillance, and hate speech.
Seven defamation notices, and six legal notices were against media houses or journalists. In addition police complaints alleging defamation were also filed. The defamation cases also resulted in gag orders against the media, drawing criticism from the Editors Guild of India but to no avail. A defamation case filed by former President of the BJP, Nitin Gadkari also resulted in the arrest of Aam Aadmi Party leader Arvind Kejriwal in May, for calling the former corrupt. Kejriwal refused to furnish a bail bond and was remanded to judicial custody. The latest case, a Delhi police directive to radio stations to stop broadcasting a jingle from the Aam Aadmi Party on the grounds of defamation, only served to illustrate the extreme sensitivity of the powers that be to any criticism.
Clearly, defamation cases act as a pressure and silencing tool. Congress spokesperson and former minister Manish Tiwari faced arrest in a criminal defamation case filed by former BJP President Nitin Gadkari for alleging that the latter held a ‘benami’ flat in the Adarsh housing society. But after a summons was issued for his arrest, Tiwari submitted an unconditional apology and the case was withdrawn.
In another case, the Sahara media group filed a defamation case against Mint editor Tamal Bandopadhyay and the Kolkata High Court stayed the release of his book, Sahara: The Untold Story but a disclaimer and a settlement followed and the case was withdrawn.
Hate speech remains on the fault lines of free speech and, given the unabashed use of hate propaganda during the campaign for the 16th Lok Sabha elections, there was a sharp spike in the number of hate speech cases to 20 this year, double the 2013 figure.
The arrest of people for Facebook posts continued, despite clear guidelines issued on cases related to Section 66 (A) of the Information Technology Act in the wake of the arrest of two students from Palghar in 2012 and a pending case challenging the provisions before the Supreme Court of India. Sedition cases also cropped up; a student was arrested in Kerala for sedition for remaining seated while the national anthem was being played in a cinema.
Apart from the ignominious cave in by book publishers to the demands of Hindutva organisations, as in the case of the Wendy Doniger book The Hindus, other attacks on the media and civil society activists and violence by vigilante groups bent on imposing a regressive moral agenda, added to the potent brew for free speech violations in 2014.
Highlights
Deaths : Two journalists and a victim of a hate crime
There has been a drop in the deaths of journalists from eight in 2013 to two this year. Tarun Acharya in Odisha and M.N.V. Shankar in Andhra Pradesh were brutally killed days after reporting on malpractices by local business people.
The third death, of 24-year old Mohsin Shaikh, a software engineer in Pune, was triggered by a Facebook post allegedly defamatory to 17th century Maratha ruler Shivaji and the late Shiv Sena leader Bal Thackeray. The engineer had no connection with the Facebook post but was targeted because his beard indicated his identity as a Muslim. Police arrested the founder of the Hindu Rashtra Sena, Dhananjay Desai, for a hate crime.
In 2013, eight journalists died, including Sai Reddy who was killed by Maoist groups in Chhattisgarh. In April 2014, these groups admitted that killing Reddy was a mistake. There were five deaths in 2012 and three in 2011.
Defamation cases and legal notices increase to 21
Defamation cases and legal notices threatening defamation had a chilling effect on freedom of expression with 21 instances being recorded through the year, an increase from the two cases in 2012 and seven in 2013. From politicians to business houses, lawyers, former judges and media houses, defamation notices were sent against book publishers, advertisers, other media houses and journalists.
Arrest of 13 persons, including a journalist under NSA, a student for sedition and three persons for Facebook-related content
In Kerala, nine students were arrested for a crossword clue in a college magazine allegedly unfavourable to Prime Minister Narendra Modi. Other arrests included a journalist from Assam, allegedly due to links with insurgency groups and a student from Kerala on charges of sedition for remaining seated while the national anthem was being played in a cinema and three others for Facebook-related content.
Censorship: 85 instances
The number of instances of censorship this year fell to 86 from 99 in 2013 and 74 in 2012. Internet-related censorship fell marginally from 32 in 2013 to 27 this year. Ten of these instances were related to Facebook posts that attracted cases and triggered violence in at least three instances. There were 25 instances of censorship in print and the broadcast media, including five gag orders on media reportage and one on radio broadcasts of an advertisement.
Censorship showed an overall decrease from 99 instances last year to 85 this year. However, censorship in the broadcast media saw an increase to 14 instances, besides five instances of gags on media coverage of sensitive issues being obtained by a range of people, including former judges charged with sexual harassment and sports bodies and educational institutions.
Attacks, threats and harassment: 101 instances
Direct physical attacks on the media and on citizens for freedom of expression issues remained high, with at least 85 cases of attacks recorded by the media alone in 2014. In addition, there were three attacks on other citizens, ten cases of threats and three of harassment.
For the first time, the National Crime Records Bureau has begun collecting data on attacks on the media as a separate category from January this year. In a written reply to a question in the Lok Sabha, the Minister of State for Information and Broadcasting Rajyavardhan Rathore said that, up to June, 62 of these cases occurred in Uttar Pradesh.
According to the Minister’s reply, up to August 8, there were six cases each in Bihar and Madhya Pradesh, with no arrests in Bihar but eight in Madhya Pradesh. Cases of attacks on the media were also registered in Andhra Pradesh, Gujarat, Assam and Meghalaya and seven people were arrested in connection with the cases in Andhra Pradesh, Gujarat, Maharashtra, and Meghalaya.
While more details are awaited on these attacks and on how many were related to professional work, the Hoot’s Free Speech Tracker has details of 18 instances of attacks and 12 instances of threats recorded this year. Of these, 15 attacks and nine threats were directed at the media, including a police assault on journalists covering news events, the sand mafia attacking an environmental journalist, separate instances of a petrol bomb and gunshots fired on the homes of journalists and reports of journalists being used as ‘human shields’ in Kashmir.
Sharp spike in hate speeches
This year saw the sharpest rise in hate speeches from two in 2012 and ten in 2013 to 22, peaking in the run-up to what was billed as the most divisive general election in India’s history. Apart from riots that broke out due to the circulation of videos or inflammatory messages, instances of hate propaganda and riots marked the increase in hate speeches in the country and, given the scheduled elections to various state assemblies, shows no signs of abating till the end of the year — witness the reports of the hate speech made by BJP Minister Sadhvi Niranjan Jyoti in December 2014.
Snapshot of the last three years
Categories
2014
2013
2012
Deaths of journalists
Death due to hate crimeTotal
02
0103
08
05
Attacks on the media
Attacks on citizens
Threats
Harassment
Arrests/detentionsTotal
85
03
10
03
04105
20
04
0225
39
Censorship :
Gags on all media
Print
Electronic media
Internet
Feature films
Documentary films
Theatre
Art
Music
Literature and educational curriculum
Total
06
06
14
26
10
04
04
–
0511
86
15
11
32
21
02
02
03
06
07
99
08
04
41
14
07
74
Privacy & Surveillance
08
13
05
Defamation cases
Legal notices
Court order Total
12
07
0221
07
02
Hate speech
Hate propagandaCourt cases on hate speech restrictions
20
0202
10
02
Policy, regulation
02
07
03
Sedition (including three withdrawals)
Contempt
Legislative privileges
05
03
02
02
01
The year in review
Free speech violations in 2014 included the death of two journalists for their investigative stories on malpractices in local businesses, the killing of a young software engineer in Pune for what police termed a ‘hate crime’, an increase in defamation cases and legal notices to curb reportage of a range of issues, increasing attacks on the media and civil society activists, violence by vigilante groups and a spike in hate speech cases during various election campaigns.
While the number of deaths of journalists for their work may have fallen from the eight of the preceding year to two this year — Tarun Acharya and M.N.V. Shankar – they underline the extreme vulnerability of journalists working in small towns, particularly on unearthing crimes.
Acharya, 29, was a stringer for Kanak TV in Odisha and was killed on May 27 in Khallikote town of Ganjam district. He had done an investigative story on the alleged employment of children in a cashew processing plant owned by one S. Prusty. Shankar, 52, a senior correspondent with Andhra Prabha newspaper, was killed in Chilakaluripet town of Guntur district on May 26, a few days after his newspaper published his report on the kerosene oil mafia. While the police arrested two persons in connection with Acharya’s murder, Shankar’s killers have yet to be found.
Attacks, arrests
This year saw an increase in attacks on the media, as officially recorded by the National Crimes Bureau for the first time, an increase in threats to journalists as well as the arrests of journalists for alleged involvement with insurgency groups and the arrest of citizens for posts on social media.
Of the eight cases linked to Facebook posts, one person was arrested for a post allegedly against West Bengal Chief Minister Mamta Banerjee; an Aam Aadmi Party activist was arrested for forwarding an allegedly anti-Modi text in Karnataka; a student was arrested for allegedly mocking the national anthem in Kumta, Karnataka; and in Kerala, a student was arrested for sedition for allegedly insulting the national anthem by remaining seated while it was being played in a local theatre.
Defamation
The intimidating effect of a possible defamation suit was clearly on the rise as 2014 recorded 21 instances of defamation against individuals and the media. These included 13 cases of defamation and six legal notices, besides one court order.
In May, Aam Aadmi Party leader Arvind Kejriwal was arrested in a defamation case filed by former president of the BJP, Nitin Gadkari, for calling the latter corrupt. He refused to furnish a bail bond and was remanded to judicial custody.
Former Supreme Court judge and National Green Tribunal Chairperson Justice Swatanter Kumar filed a defamation case against two English television channels and a leading English newspaper as well as a law intern who had filed a complaint of sexual harassment against him. He also managed to get a gag order on media reportage of the case.
In another case, India cricket captain M.S. Dhoni filed a Rs 100 crore defamation case in the Madras High Court against media houses Zee Media Corporation and News Nation Network over allegations of his involvement in match-fixing.
Clearly, defamation cases serve to silence people. Congress spokesperson and former minister Manish Tiwari faced arrest in a criminal defamation case filed by former BJP President Nitin Gadkari for alleging that the latter held a ‘benami’ flat in the Adarsh housing society. But after a summons was issued for his arrest, Tiwari submitted an unconditional apology and the case was withdrawn.
In another case, the Sahara media group filed a defamation case against Mint editor Tamal Bandopadhyay and the Kolkata High Court stayed the release of his book, Sahara: The Untold Story, but a disclaimer and a settlement followed and the case was withdrawn. Given that decriminalizing defamation has been a long-standing demand of journalists’ organisations, it is ironical that a media group such as Sahara should resort to defamation notices.
It was not the only one. India TV sent a defamation notice to aggrieved employee Tanu Sharma who had alleged sexual harassment and had attempted suicide outside the company’s office. It also sent a defamation notice to media watch site Newslaundry which carried a report on the incident.
Among the other cases, Infosys sent notices of Rs 2000 crore each to three publications owned by Bennett, Coleman and Co. Ltd and The Indian Express Ltd. Other multi-crore defamation notices included separate notices sent by Mukesh Ambani’s Reliance Industries Ltd and Anil Ambani-led Reliance Natural Resources Ltd to journalist Paranjoy Guha Thakurta, author of Gas Wars: Crony Capitalism and the Ambanis. The notices were an attempt to remove the self-published book from the website promoting it.
An Inter Press Service story by environmental journalist Keya Acharya on the legal, financial, tax, labour and land problems of the Ramakrishna Karuturi-owned Karuturi Global Limited in Kenya and Ethiopia attracted a Rs 100 crore defamation notice.
Censorship
Censorship showed an overall decrease from 99 instances last year to 86 instances this year. However, censorship in the broadcast media saw an increase to 14 instances, besides five instances of gags on media coverage of sensitive issues being obtained by a range of people, including former judges charged with sexual harassment and sports bodies and educational institutions. A gag on radio jingles by Delhi police was the latest attempt at censorship.
An increase in censorship was also recorded in the arena of literature and non-fiction books, including in academia. In February 2014, Penguin, the publishers of The Hindus: An Alternative Histor, by the well-known Indologist Wendy Doniger, decided to pulp all remaining copies of the book in an out-of-court settlement with Shiksha Bachao Andolan (SBA), which had filed a civil suit against the publishers in 2011.
The organization, headed by Dinanath Batra, targeted other publishers and Orient Blackswan followed suit to withdraw ‘Communalism and Sexual Violence: Ahmedabad since 1969’ by Dr Megha Kumar. The same publisher also put under review Sekhar Bandyopadhyay’s book From Plassey to Partition: A History of Modern India.
In 2008, SBA was instrumental in filing a complaint before the Delhi High Court seeking the withdrawal of A. K. Ramanujam’s essay, Three Hundred Ramayanas: Five Examples and Three Thoughts on Translations, from Delhi University’s history syllabus. In July 2014, following the election victory of the BJP, six of Batra’s books were prescribed as compulsory reading as supplementary literature in the Gujarat state curriculum.
Hate speech
Over the last few years, hate speech and hate propaganda have tested the limits to free speech. The Free Speech Tracker has recorded two instances of hate speech in 2012 and ten in 2013. By 2014, the number of hate speech cases doubled, with an additional complaint of hate campaigning.
The death of an innocent software techie, Mohsin Sadiq Shaikh, 24, at the hands of members of a Hindu fundamentalist group, the Hindu Rashtra Sena in Pune on June 4, was a chilling reminder of the violent consequences of hate propaganda. A Facebook post with allegedly derogatory photographs of 17th century Maratha ruler Shivaji and the late Shiv Sena leader Bal Thackeray had triggered violence in Pune and a mob chanced upon Shaikh and his friend, returning home after offering namaz. Shaikh, who was identified as a Muslim by the skull cap he wore, was beaten to death. Later, seven members of the organization, including its leader, Dhananjay Desai, were arrested and charged with his murder.
Other hate speech cases were recorded throughout the year, beginning with the general election campaign and continuing to the end of the year with a lawyer from Mumbai being charged with posting allegedly inflammatory content on Facebook and BJP MP Sadhvi Niranjan Jyoti making offensive remarks on December 3.
Prominent leaders of political parties, including BJP President Amit Shah, were booked for hate speech. Other political leaders charged with hate speech included Pravin Togadia (VHP), Ramdas Kadam (Shiv Sena), Giriraj Singh, Baba Ramdev, Tapas Pal (Trinamool Congress), Azam Khan (Samajwadi Party), Pramod Mutalik (Sri Ram Sene), Imran Masood and Amaresh Mishra (Congress-I).
Contempt, privacy and surveillance
Contempt cases continued to come up and three instances were recorded, including one case that cited the archaic provision of ‘scandalising the court.
Instances of privacy also continued to figure on the Free Speech Tracker as business people and social activists cited privacy concerns to stall books and films based on their lives. In the latter category, Gulabi Gang founder Sampat Pal sought a stay on a Bollywood feature film based on her life on the grounds of privacy and copyright but settled out of court. And the Bombay High Court directed the makers of a film based on the Khairlanji massacre to apply for a fresh certificate from the Central Board of Film Certification.
Surveillance, a growing issue both globally and nationally, remained a concern as the new government reiterated its plans to go ahead with the UPA’s controversial UID scheme even as it quietly continued the roll out of the surveillance programmes of the previous regime.
For a detailed list of the instances from the Free Speech Tracker, please click here.
