Football can’t escape the free speech debate

Following the controversy of the 2022 World Cup when organising body FIFA faced major criticism over the decision to hold one of the biggest sporting events on the planet in Qatar, a state with a terrible record on human rights, governing body UEFA have attempted to steer clear of any politics whatsoever at this summer’s European Championships.

This year’s competition – which is currently ongoing – has stressed a message of unity, togetherness and inclusion, with UEFA being determined to avoid the negative press garnered by FIFA two years ago by remaining tight-lipped on political issues.

However, no matter how hard you try, politics cannot be removed from football. A number of issues related to freedom of speech have given UEFA headaches during the tournament, showing that censorship can be experienced anywhere, even when you try to avoid it.

One of the most significant examples of free speech being curtailed at the Euro 2024 was the case of Kosovan journalist Arlind Sadiku, who was barred by UEFA from reporting on the remainder of the tournament after he aimed an Albanian eagle sign towards Serbia fans during a broadcast.

Kosovo, Sadiku’s home state, has a population made up of 93% ethnic Albanians and the countries have a strong connection. Serbia does not recognise the independence of Kosovo and there is a history of conflict between the two nations, with relations remaining tense since the end of the brutal Kosovo War in 1999. The eagle symbol made by Sadiku represents the one on Albania’s flag and was deemed by UEFA to be provocative.

Sadiku told the Guardian: “People don’t know how I was feeling in that moment because I have trauma from the war. My house was bombed in the middle of the night when I was a child.

“I know it was unprofessional from a journalist’s perspective, but seeing my family in that situation was traumatic for me and I can’t forget it.”

The conflict between Serbia and Kosovo has caused free speech issues in sport before. In 2021, a Kosovan boxing team was denied entry to Serbia for the AIBA Men’s World Boxing Championships. It was a similar story at the European Under-21 Table Tennis Championships in 2022, which were held in Belgrade, as Kosovo athletes were once again not permitted to participate by Serbian authorities.

Even in football this has been a long-standing issue. At the 2018 World Cup, Swiss duo Xherdan Shaqiri and Granit Xhaka were charged by FIFA for each making the eagle salute after scoring against Serbia for Switzerland. They were each fined £7,600 for their celebrations.

Granit Xhaka’s father spent more than three years as a political prisoner in Yugoslavia due to his support for Kosovan independence and Xherdan Shaqiri came to Switzerland as a refugee and couldn’t go back to visit his family due to the war. Such context was again not enough to mitigate the players’ actions according to FIFA.

Of course, there is an argument to be made that the symbol made by Sadiku, Shaqiri and Xhaka was incendiary and risked provoking aggravation among fans, which could potentially be a safety hazard. However, if those who have personally experienced persecution are then punished when making a peaceful protest, then there is surely no room for any dissent in sport at all.

Many of the other conversations around free speech at Euro 2024 have been centred around nations in the Balkans.

Jovan Surbatovic, general secretary of the Football Association of Serbia, suggested that the country may withdraw from the tournament completely due to hate chants he claimed were made by Croatia and Albania fans. Serbia themselves have been the subject of a number of complaints – they were charged by UEFA after supporters unveiled a banner with a “provocative message unfit for a sports event”, while the Kosovo Football Federation also lodged a complaint about their fans spreading “political, chauvinistic, and racist messages” declaring their supremacy to Kosovo. One Albanian player, Mirlind Daku, was banned for two games for joining in with fans’ anti-Serbia chants after their draw with Croatia.

When nations have such complex relationships and history outside of football it can easily spill out on the pitch. The heightened emotion and passion of sport makes for a compelling watch, but can also increase tensions between nations. In such a convoluted context it is sometimes difficult to know where to draw the line between the right to free speech and the protections against hate speech.

Global conflicts have thrown up more sticking points – when calls were made for Israel to be barred from competing at Euro 2024 due to their ongoing bombardment of Gaza – which has killed more than 37,000 Palestinians –  in response to the 7 October attacks by Hamas, UEFA refused. Niv Goldstein, chief executive of the Israel Football Association, told Sky News: “I am trusting Fifa not to involve politics in football. We are against involving politicians in football and being involved in political matters in the sport in general.”

This doesn’t quite match up with the fact that UEFA banned Russia from the competition soon after their invasion of Ukraine, demonstrating the difficulties in finding where to draw the line when attempting to regulate political speech and expression in football. UEFA were spared the headache of dealing with further protest at the tournament after Israel failed to qualify.

Similar issues were raised when German authorities ruled that only flags of participating teams would be allowed into stadiums, which was widely seen as an attempt to avoid potential conflict over Palestine and Israel flags being displayed, but which raised concerns that it would limit support for Ukraine. Blanket bans are often difficult to reconcile with the idea of free speech.

Football can’t ever be fully separated from politics. Just look at the case of Georgian MP Beka Davituliani, who weaponised the country’s shock victory against Portugal in his attempt to roll back on human rights, stating that the country needed defending from so-called LGBTQ+ propaganda like Giorgi Mamardashvili defended his goal. For the most part, fans and players have been able to express themselves freely, but we have a duty to highlight any issues when they arise – and unfortunately, at this summer’s tournament, they have.

Julian Assange released: What now?

Index on Censorship has had a close relationship with Julian Assange since he picked up our new media award in 2008 for his work with Wikileaks due to our shared concern for freedom of expression. We were therefore pleased to hear the news that he was finally able to be reunited with his family in Australia after five years in London’s Belmarsh Prison and seven years in hiding at the Ecuadorian embassy (pictured above). At a court in the US Pacific island territory of Saipan, Assange pleaded guilty to a single charge of violating the US Espionage Act. He admitted conspiring to obtain and disclose classified defence documents. Time will tell what chilling effect the deal struck between Assange’s lawyers and the American government will have on journalists attempting to expose future wrongdoing by the US military and intelligence services.

The British courts may have played a decisive role by insisting that Assange’s free expression rights be taken into account during the extradition hearings. But there was a sense that by the end of the proceedings that both sides were exhausted. As Chief Judge Ramona V. Manglona said as she announced the agreement: “I hope there will be some peace restored.” For free expression organisations such as Index, the dominant emotion is relief that this saga is finally over.

The unstinting support of our colleagues at Reporters Without Borders has been instrumental in keeping the case in the public eye. But the wider Free Assange campaign has, at times, been a huge distraction. The campaign allowed a whole range of wider questions to arise which were nothing to do with free speech. Was the Wikileaks founder a journalist, an activist or a publisher, for example?

Julian Assange has established his place in history as one of the most significant figures in 21st century journalism. The sheer scale of the leak of US diplomatic cables he helped facilitate forced rival journalists to work together. But it also made governments determined to stop it happening again. New measures in the UK’s new National Security Act, for example, were specifically designed to “modernise” official secrecy legislation in response to Wikileaks-style data dumps. At the same time, authoritarian regimes could always hold up Assange as an example of western hypocrisy when challenged on their human rights records.

The reality is that although the Assange campaign has redefined the way the free speech world works, it has also sucked lots of the air out of it. Julian and Stella Assange have asked for the space to build a life for themselves and their children in Australia. This is their victory. But let us hope that for those of us who care about free expression, the focus can now switch fully to other egregious cases around the world.

In a terrible coincidence, the release of Assange coincided with the beginning of the espionage trial of Evan Gershkovich, the Wall Street Journal reporter arrested in March 2023 shortly after the Russian invasion of Ukraine. It also coincided with the case of Hong Kong publisher Jimmy Lai reaching the highest court of appeal. Lai stands accused of joining an illegal protest in 2019. Next month his trial resumes under separate national security charges.

While we’ve poured energy into campaigning for the release of Assange, there has been a race to the bottom elsewhere in the world. Reporters accused of subversion are held without trial in China’s “black jails”, while hundreds of Uyghur journalists have been imprisoned in the re-education camps of Xinjiang. Russia’s independent media has been eviscerated and President Lukashenka has rounded up any opposition voices in Belarus. The use of anti-terrorist or national security legislation to control journalists has become commonplace in Turkey, in Egypt, in India and across the former Soviet republics of Central Asia.

It would be good to think that the energy of the Free Assange campaign could now be harnessed in support of Gershkovich, Lai and the many brave journalists around the world held as spies or subversives whose names we don’t even know.

Has Russian disinformation caused Europe’s lurch to the right?

While the outcome of the 2024 election is yet to be finalised, results at the time of writing show that Eurosceptic conservatives are on course to win an extra 14 seats (taking them to 83), while right-wing nationalists will gain nine seats (to 58). Overall, the right, including centre-right politicians of the European People’s Party grouping, has done well, largely at the expense of the liberal and green party groupings. With just five nations out of 27, including Italy and Estonia, remaining to publish their final results, the overall picture is unlikely to change dramatically.

The move to the far right is evident across Europe. France, which elects 81 members to the European Parliament (EP), was perhaps where this was most evident. Marine Le Pen’s far-right National Rally party is projected to receive around 31-32% of the vote, against President Macron’s centrist party, which is estimated to reach around 15% of the vote. Macron was so concerned about his party’s poor showing that he has called an election in the country. Belgium’s prime minister also handed in his resignation after the nationalist New Flemish Alliance emerged as the big winner after regional, national and European Parliament elections were held in the country on Super Sunday.

In Germany, Eurosceptic parties are projected to secure over 16% of the EP vote. The AfD tripled its support from voters under 24 from 5% in 2019 to 16% and gains six seats to reach 15. The Greens lost nine seats from 21 last time around. Austria’s far-right Freedom Party gained nearly 26% of the vote, gaining three seats, while in the Netherlands, Geert Wilders’s anti-immigration Party for Freedom gained six seats with 17% of the vote. A similar story played out in Poland, Spain, Greece, Bulgaria and Croatia.

But what is driving Europe’s veer to the right?

There is some evidence that the success of the far right comes from millennial and Gen Z voters shifting towards these parties. A third of French voters under 34 and 22% of young German voters favour their country’s far right, while in the Netherlands, the Party for Freedom has become the largest party among under-34s.

Young Europeans, mainly those aged 18-29, overwhelmingly rely on social media for daily news consumption. In Italy and Denmark, nearly three-quarters of young adults use social media for news daily (74% and 75%). A recent German youth study found that 57% of youth prefer social media for news and political updates.

There is growing concern that external actors, particularly from Russia, may have influenced the elections.

Media reports reveal that EU leaders were so concerned about foreign interference in the elections that they set up rapid alert teams to manage any serious incidents. Officials told the Guardian that disinformation has reached “tsunami levels.”

The evidence points to Russia.

Last December, France’s VIGINUM group, which is tasked with protecting France and its interests against foreign digital interference, published a report revealing a network of nearly 200 websites with addresses of the form pravda-xx.com or xx.news-pravda.com, where xx is the country identifier.

The sites, which generate little new content themselves, instead amplify existing pro-Russian content from state sources and social media, including posts from military blogger Mikhail Zvinchuk. Pro-Russian content relating to the Ukraine war is a particular favourite.

Thirty-four fact-checking organisations in Europe, showed that the Pravda network had spread to at least 19 EU countries. Fact-checking organisation Greece Fact Check, in cooperation with Pagella Politica and Facta news, has since noticed that the Pravda network has been attempting to convey large amounts of disinformation and pro-Russia propaganda to sway EU public opinion.

The organisation said that “minor pro-Russian politicians who run for the elections are quoted by state media such as Ria and then further amplified by the Pravda network, in what seems an attempt to magnify their relevance”.

A report by EDMO on EU-related disinformation ahead of the elections found that it was at its highest ever level in May 2024. Ministers for European affairs from France, Germany, and Poland cautioned about efforts to manipulate information and mislead voters. Across the EU, authorities observed a resurgence in coordinated operations spreading anti-EU and Ukraine narratives through fake news websites and on social media platforms Facebook and X.

Among the false stories that emerged and covered were reports that EU President Ursula Von der Leyen had links to Nazism and had been arrested in the European Parliament.

In Germany, there were stories circulating that the country’s vote was being manipulated, ballot papers with holes or corners cut were invalid and that anyone voting for the far-right party AfD would follow stricter rules. Other stories attempted to trick voters into multiple voting or signing their ballot papers, practices that would invalidate their votes.

The report also noted that around 4% of such disinformation articles have been created using AI tools.

The tsunami of disinformation looks unlikely to fade away any time soon. The Guardian says that the EU’s rapid alert teams have been asked to continue their work for weeks after the election.

A senior official told the paper, “The expectation is that it is around election day that we will see this interruption of narratives questioning the legitimacy of the European elections, and in the weeks around it.”

The silencing of media in times of war

Israel’s High Court of Justice this week heard a petition challenging new legislation allowing a ban on foreign broadcasters deemed a threat to national security.

Known as the Al Jazeera law, in honour of its inaugural target, this allows the communications minister, with the consent of the prime minister and the committee of national security, to impose far-reaching sanctions.

“There is no doubt that there is a violation of freedom of expression here,” the High Court panel’s head, Justice Yitzhak Amit, told the hearing.

Yet Israel’s May shuttering of Al Jazeera – described as a “terror channel” by Prime Minister Benjamin Netanyahu – passed without much domestic concern.

Any outrage was limited to Israel’s small liberal left wing, even though in banning Al Jazeera, Israel joins the august ranks of countries including Saudi Arabia, Egypt and Bahrain.

The issue is, of course, rife with politicisation. Al Jazeera is headquartered in Qatar, as is part of the Hamas leadership, and is hardly free from bias. Nonetheless, this law can be used in the future to ban other foreign broadcasters that are deemed to pose an amorphous “threat to national security”.

And crucially, it includes an “override clause” that even Israel’s high court cannot overturn.

It’s important to note that countries often introduce special legislation affecting media in times of war and crisis, amid legitimate national security considerations.

Ukraine is an obvious case in point, not least because it faces such a particularly sharp threat from Russian disinformation.

A year before Russia’s full-scale invasion in February 2022, President Volodymyr Zelensky moved to shut down three pro-Russian TV channels judged to effectively be weapons in Russia’s information war.

Immediately after the full-scale invasion, all national news channels were united into a 24-hour broadcast, and a subsequent newly revised media law was intended to be muscular enough to withstand Russian malign influence.

Yet while criticism of the government in times of war – especially one being fought with a citizen’s army – is not easy, Ukrainian journalists have quite effectively held their leaders to account.

Reporting on corruption in the defence ministry, for instance, heralded the minister’s resignation of defence minister Oleskiy Reznikov and government pledges for greater transparency.

And critically, the Government’s moves in the information sphere have not gone unchallenged. Ukraine, with its history of authoritarian government and a media scene under the sway of oligarchs and political interests, knows all too well how fragile free expression can be.

While officials made clear that the telethon would be completely free of government intervention, not all outlets were included, and critics note that some of those excluded such as Espresso, Channel 5, and Priamyi, had often criticised Zelensky and to varying degrees were associated with his predecessor Petro Poroshenko.

And there was widespread criticism of the March 2023 media law for handing too much power to government intervention, with the same measures to counter Russian disinformation all too easily abused to limit critical voices.

In neighbouring Moldova, scores of pro-Russian outlets were banned under the state of emergency declared immediately after Russia’s full-scale invasion of Ukraine.  More than two years later, the TV channels and websites remain blocked despite the end of the state of emergency, and many critics would argue that the country remains as vulnerable as ever to Russian propaganda.

What is needed to ensure that national security considerations do not become a tool to control free expression is a robust civil society push back and an ongoing debate on the boundary between freedom of speech and the fight against fake news.

In Israel, where the national narrative has become an inextricable part of the conflict itself, the public appears increasingly supine in the face of the official version of events.

Israel has long championed its diverse and outspoken media sector as a sign of a vibrant democracy, alongside robust laws that purport to protect free expression. But civil society and media are now experiencing repression from both official and non-state sources, with Palestinian citizens of Israel bearing the brunt.

Anti-war protests have been curtailed and violently repressed; Jewish and Arab teachers fired over left-wing posts on social media, while students have faced disciplinary actions for simply supporting a ceasefire.

Dissenting voices and journalists are being directly targeted and doxxed. Just after 7 October, Communications Minister Shlomo Karhi suggested police be empowered to arrest those accused of spreading information that could harm morale or fuel enemy propaganda.

Haaretz journalist Rogel Alpher this week noted a column in Yisrael Hayom which called for articles in the penal law that mandate execution or life imprisonment enforced on those disseminating “defeatist propaganda” or “abetting the enemy”.

Of course, Israel is not about to start executing journalists. The vast majority of extreme proposals do not make it into law, just as most anti-war arrests do not lead to indictments. Even bans on specific outlets are not total; Al Jazeera can still be accessed with absolute ease online.

But this all helps create a chilling atmosphere, serving to normalise such actions and increasing self-censorship.

Israel’s Hebrew-language media has chosen to self-censor to such a large extent that Jewish Israelis experience what Esther Solomon, editor-in-chief of Haaretz English, describes as a  “cognitive gap” between the content they consume and what the rest of the world sees.

This means that anything confronting the profoundly uncomfortable reality of war and contradicting the accepted IDF narrative is seen as traitorous and a threat to national security.

The public acceptance of vaguely worded censorious media laws seems to fit all too well with the ongoing slow and creeping deterioration of Israel’s democracy.