Cybercrime law adopted in Saint Vincent and Grenadines is fundamentally flawed

We the undersigned organisations defending freedom of the press and access to information are deeply concerned by the cybercrime law adopted today in Saint Vincent and the Grenadines. Several provisions of this bill pose a serious threat to freedom of the press, the free flow of online information, and public debate.

Defamation in print, written and broadcast media is punishable by up to two years’ imprisonment under Saint Vincent’s penal code, pre-dating the adoption of the Cybercrime Law, but the new legislation extends criminal defamation to online content.

In addition to broadening criminal defamation to include online expression, the law also introduces worryingly vague and subjective definitions of cyber-harassment and cyber-bullying, both of which are punishable by imprisonment.

The negative value and chilling effect that criminal defamation places on freedom of expression and of the press have been well noted at the local, regional and international level, and states have been repeatedly called on to abolish criminal defamation laws. The issue of criminal defamation has particular importance in the Caribbean, where a similar law was adopted in Grenada in 2013 and subsequently amended after international outcry. Trinidad and Tobago and Guyana are currently considering similar legislation now under critical review by national, regional, and international stakeholders.

The steps taken today in Saint Vincent and the Grenadines to strengthen criminal defamation laws and stifle online dissent and discussion could reverse the positive legislative trend in the Caribbean and serve as a negative example for Saint Vincent’s regional neighbors. It is therefore our view that the law as adopted today must be revised and criminal defamation must be abolished, and we urge the government of Saint Vincent and the Grenadines to do so as soon as possible.

Signed,

Association of Caribbean Media Workers
Committee to Protect Journalists
International Press Institute
Reporters Without Borders
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility
Electronic Frontier Foundation
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Human Rights Network for Journalists – Uganda
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
Media, Entertainment and Arts Alliance
Media Rights Agenda
Media Watch
Pacific Freedom Forum
Pacific Islands News Association
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Vigilance pour la Démocratie et l’État Civique

Europe after the Berlin Wall: Latest issue

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As Europe prepares for the anniversary of the wall’s demolition in November, Index on Censorship looks at how the continent has changed. Author Irena Maryniak explores the idea of a new divide that has formed further east. Polish journalist Konstanty Gebert looks at how Poland’s media came out from the underground and lost its voice.

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Award-winning German writer Regula Venske shows how Germany has tackled its identity issues through crime fiction; and Helen Womack reports from Moscow on the fears of a new Cold War. We also give voice to “Generation Wall”  – the young people who have grown up in a free eastern Europe.

When the wall came down in 1989, there were discussions in the Index office about whether our battles were over. Sadly, we all know there was no universal end to censorship on that day. This issue also shares stories of the continuing fight for free expression worldwide, from a scheme to fund investigative journalism in Tanzania to an ambitious crowdsourcing project in Syria.

Also in this issue:

• Dame Janet Suzman looks at censorship of South African theatre on the 20th anniversary of South African democracy

• Jim Al-Khalili shares his thoughts on threats to science research and debate

• Ex BBC World Service boss Richard Sambrook goes head-to-head with Bruno Torturra, from Brazil’s Mídia Ninja, to debate the future of big media

Plus:

• Two new short stories – exclusive to Index – from Costa first novel winner Christie Watson and Turkish novelist Kaya Genç

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Freedom 25 years after the fall

Editorial: Europe’s past is being rewritten, says Rachael Jolley

Going overground: Konstanty Gebert on Poland’s underground media

Generation Wall:  Under 25 year olds speak out on Europe now and then – Tymoteusz Chajdas, Milana Knezevic, Ivett Korosi and Victoria Pavlova

Enemies of the people: Matthias Biskupek on book censorship in East Germany

Judging Prague’s democratic difficulties: Jiri Pehe explores the quality of Czech democracy

Stripsearch cartoon: Martin Rowson conveys swapping communism for capitalism

The new divide: Thomas Rothschild believes the world didn’t get better after the fall

The other wall: Irena Maryniak on why Europe’s dividing line shifted

Mystery of regional identity: Regula Venske looks at how crime fiction shaped Germany

Empire line: Helen Womack on Russia’s retreating ideology

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Bordering isolation: Kate Maltby explores attitudes to minorities in Turkey

Pakistan at a crossroads: Haroon Ullah looks the power of landlords and their influence on voting

Spying on the censors: Roger Highfield on how metadata could expose regimes

Going in deep:  The risks facing Tanzania’s journalists, by Jess McCabe and Erick Kabendera

Open books: Susanne Metz on the vital role of libraries in exchanging ideas

Legal divisions: Dominique Mondoloni compares French and English libel laws

Cape crusader: Natasha Joseph interviews retiring South African politician Ben Turok

Syria’s inside track: Vicky Baker looks at crowdsourcing news in conflict 

Mapped out: Guyana’s indigenous mapmakers, by Vicky Baker

When one door closes: Kaya Genç looks at whether Turkey should turns east or west

LA story: Ed Fuentes on lifting the graffiti ban in Los Angeles

Secrets and lives: Tarashea Nesbit tells the story of the wives at Los Alamos

Marching on: Nicole Mezzasalma looks at Brazil’s unprecedented protests

History revision: Saurav Datta on why India’s colonial laws haven’t changed

Brain unboxed: Rachael Jolley interviews scientist Jim Al-Khalili

Future imperfect: Jason Daponte explores online copying, control and protection

Degree of inequality: Jemimah Steinfeld reveals how China’s education system discriminates against women

Head to head: Richard Sambrook and Bruno Torturra debate whether big or small media have the control

On the ground in Argentina: Adrian Bono on the president’s love of one-way communication

On the ground in South Korea: Sybil Jones shares first-hand knowledge and looks at how news slips out

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Stage directions in South Africa: Actor and director Janet Suzman on post-apartheid theatre

Big men, big decisions: Christie Watson’s new short story, based in Nigeria

“The exiled poet, free once more”: Robert Chandler translates Lev Ozerov’s poetry

Ghost of Turkey’s past: Kaya Genç’s exclusive short story on Turkish feminist Halide Edip Adivar

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”COLUMNS” css=”.vc_custom_1481732124093{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-top: 15px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]

Global view: Index’s new CEO Jodie Ginsberg on fighting censorship on and offline

Index around the world: Alice Kirkland’s update on news from Index’s global work

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”END NOTE” css=”.vc_custom_1481880278935{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-top: 15px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]

Campus clampdown: Taylor Walker looks at free speech zones at US universities

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”SUBSCRIBE” css=”.vc_custom_1481736449684{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]Index on Censorship magazine was started in 1972 and remains the only global magazine dedicated to free expression. Past contributors include Samuel Beckett, Gabriel García Marquéz, Nadine Gordimer, Arthur Miller, Salman Rushdie, Margaret Atwood, and many more.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/2″][vc_single_image image=”76572″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]In print or online. Order a print edition here or take out a digital subscription via Exact Editions.

Copies are also available at the BFI, the Serpentine Gallery, MagCulture, (London), News from Nowhere (Liverpool), Home (Manchester), Calton Books (Glasgow) and on Amazon. Each magazine sale helps Index on Censorship continue its fight for free expression worldwide.

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French magazine raises specter of racism and press freedoms

French Minister of Justice, Christiane Taubira makes a speech about penal reform in the lecture hall of the Political Science University in Paris. (Photo: Davide Del Giudice / Demotix)

French Minister of Justice, Christiane Taubira makes a speech about penal reform in the lecture hall of the Political Science University in Paris. (Photo: Davide Del Giudice / Demotix)

An obscure 16 page-long far-right magazine recently put France’s black justice minister Christiane Taubira on its cover, comparing her to a monkey. The storm of indignation that followed gave unexpected visibility to the magazine and members of the government expressed their desire to sue the magazine or to block the distribution of the infamous issue. Was this an attack on the freedom of the press? Or rather, an occasion for French politicians to look good and to make everyone forget about their own track record?

“Crafty as a monkey, Taubira gets her banana back”, said Minute’s cover, next to a photo of Taubira looking unhappy. The title used a common French phrase (“avoir la banane” means “to be in good form” in French).

Following the outrage caused by this cover, Jean-Marc Ayrault, France’s prime minister, asked prosecutors to investigate whether any law had been broken. The prosecutors decided it had and opened an investigation for “injure publique à caractère racial” (racist public slur). The interior minister, Manuel Valls, announced he was examining whether it was legally possible to block the distribution of the magazine. This, however, has not been followed by any measures.

Taubira, 61, was born in French Guyana, where she started her political career as a supporter of independence for the ex-colony. She has been the driving force behind the 2001 law that recognises the Atlantic trade and slavery as a crime against humanity and a strong advocate of the law  allowing same-sex marriage passed this year.

As such, she has suffered an escalation of racist abuse from the opponents to same sex-marriage. Last month, Anne-Sophie Leclere, a Front National municipal election candidate, was dismissed by her party after comparing Taubira to a monkey on her Facebook page and on TV. “I prefer to see her swinging from the branches of a tree than in the governement”, she told a reporter. The FN subsequently sued Taubira for having insulted the party.

During a recent visit to Angers, the minister faced kids from the “Manif pour tous” waving a banana at her and chanting: “Who’s the banana for? For the monkey!” The abuse is reminiscent to what Cécile Kyenge, minister of integration in the current Italian governement, has been facing in Italy and rife with references to colonisation: In an October demonstration of the extremist Catholic Civitas Institute, a priest was heard shouting: “Y’a bon Banania, y’a pas bon Taubira” – a reference to the old advert for Banania chocolate powder which featured a Senegalese infantry man speaking in pidgin French, an advert which is seen as a symbol of French colonialism.

Minute’s words “deny that I belong to the human race”, said Taubira, who refused to prosecute the magazine.

Created by supporters of French colonisation in Algeria in 1962, Minute backed the Front National party in the 1970’s and has been struggling over the past years. Its publishing company went into administration last March and the magazine currently counts only three employees. For the magazine, the infamous front page has been a success: “We wanted free publicity. We got more than we could have dreamed of”, said one of their journalists. Hélène Valette, spokeperson for Minute added: “We take responsibility for this cover. It’s satirical. No one takes offense at the covers of Charlie Hebdo.”

Satirical publication Charlie Hebdo responded to this statement saying:  “Some people have actually taken offense at the covers of Charlie Hebdo, among which the Catholic far-right which has sued us 12 times in 20 years (…) Minute does not defend the freedom of the press. It prepares the ground for future racist crimes.”

The law against racist public slur was added in 1972 to the 1881 Law on Press Freedom. France has some of the toughest hate speech laws in the EU. Minute’s editor is risking up to six months in jail and a 22,500 euros fee.

For French politicians and for the press, the racist abuse against Taubira has actually provided an occasion to express unanimous indignation and to push under the carpet their own recourse to racist rhetorics. As Julien Salingue wrote in Acrimed (an independent organisation criticising the media) some of the media coverage of the abuse looked like an investigation led by suspects. “Has France become racist?” recently asked the Parisien newspaper on its front page, forgetting previous covers demonising migrants. The pattern was shared by Le Point and L’Express magazines, known for their sensationalistic Islamophobic covers.

At the launch of the Front National municipal campaign, a journalist from France Inter radio deemed fit to give a platform to 85 year-old Jean-Marie Le Pen and ask him for his opinion of Christiane Taubira. Always predictable, Le Pen said that because Taubira had been independentist she was against France and had been chosen because the colour of her skin could serve as a shield when proposing unacceptable laws.

Interior minister Manuel Valls has used the attacks on Taubira to his political advantage and has been very prompt in saying he wanted to ban the circulation of Minute – which seemed at best useless, as the damage had been done, at worst, counterproductive:  it would insure more publicity for Minute and allow the publication to portray itself as a defendant of the freedom of the press. Valls happens to be well-known for its anti-immigrants and anti-Roma policies and rhetorics. France’s national union for undocumented migrants, which is planning a protest in front of the Parti Socialiste headquarters on 27 November, argues that “the liberation of racist speech is a result of the policy of successive governments which have agreed to the idea that “immigration is a problem” and stigmatised Roma people, Muslims and all foreigners, especially undocumented people.”

Henri Maler, one of Acrimed founders, tweeted: “Fighting racism exclusively by outraged declarations and legal action = emptying the ocean with a tea spoon.”

This article was originally posted on 25 Nov 2013 at indexoncensorship.org