Scottish Anti-SLAPP Summit

Scottish Anti-SLAPP Summit | Monday 26 February 2024Ensuring Scotland is not left behind in the fight against SLAPPs This conference hosted by Index on Censorship, the University of Glasgow and Justice for Journalists Foundation will bring together lawyers,...

From the Danube to the Baltic Sea, Germany takes an authoritarian turn

Since the Hamas’ 7 October terrorist attacks and the subsequent Israeli assault on Gaza, German authorities are using increasingly illiberal measures to curtail pro-Palestine activism. Under the guise of combatting Israel-related antisemitism, civic space for freedom of expression and assembly is shrinking.

The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists.

Stigmatisation of pro-Palestine activism

In her speech celebrating the 60th anniversary of the foundation of Israel in 2008, former chancellor Angela Merkel referred to the historical responsibility of Germany for the Shoah, including the security of Israel, as part of Germany’s “Staatsräson” (reason for existence). As Hamas has never credibly renounced its goal of destroying Israel, many German policymakers instinctively lean towards near unconditional support for Israel in the face of such adversaries. For them, the 7 October attacks only served to highlight that Germany cannot give an inch to critics of Israel.

There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.

While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians.

Against this background, advocacy for Palestinian political self-determination and human rights is cast as suspicious. In the liberal Die Zeit newspaper, journalist Petra Pinzler criticised the Swedish climate activist Greta Thunberg as she “sympathises more and more openly with the Palestinians and thus divides the climate movement.” Apparently sympathy with the Palestinians has become a cause for concern.

The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the Nakba (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.

Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.

While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.

Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.

In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”

These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.

Curtailing civic spaces

While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.

BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.

The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in SyriaVenezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.

The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.

Conversation stoppers

Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.

In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.

Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.

Hacking is far more than a security issue. It chills free speech

The British and US governments have just jointly sanctioned two Russian intelligence operatives for their attempts to derail the democratic process through a series of coordinated cyber attacks. The US State Department is also offering a reward of up to $10M for information on the Russian hackers responsible for the coordinated cyber espionage attack, which is international and spans several years. Targets even included the former MI6 director Richard Dearlove, and more recently scientists at several nuclear facilities in the United States. But what distinguishes this recent wave of Russian cyberattacks is that they are not just targeting governments or politicians.

Civil society became a significant target for Russia’s state backed hackers, including “universities, journalists, public sector, non-government organisations and other civil society organisations”. Paul Mason, a former BBC and Channel 4 journalist, has put out a statement confirming he was targeted by these hackers. At the time his private accounts were hacked, I had been helping Mason work on an article challenging Russian propaganda narratives that were spreading during the Bucha massacre in Ukraine. Overnight we were turned into the latest circulating ‘deep state’ conspiracy theory.

The Mason hack

As we worked, I received an urgent message from Mason saying his emails with me may have been compromised. He published a statement saying he had been “targeted by a Russian hack-and-leak operation”. I then received an email from a Grayzone writer who has also written for Russian state media (Sputnik/RT), saying, “Been going over various emails and DMs of yours. Very interesting…” The writer said he thought my employer and “the academics you’re trying to target are likely to be very unhappy indeed when they hear about all this. I think we’d better talk.”

The writer said the email was not a threat. But it was clear to me I was facing an impending reputational attack to harm my career and relationships. This email didn’t resemble the right to reply that journalists usually send posing questions prior to reporting, and it made no mention of an article or outlet.

Within hours the first article hit Grayzone, a website with a pro-Kremlin stance on world events. A series of stories followed linking me to activities of which I had no knowledge and suggested that Mason and I could be part of a nefarious plot to silence critics of NATO in Russia’s war on Ukraine.

I do not, of course, help any government produce lists of people to censor. My work regularly defends transparency and free expression – including that of those I disagree withIndeed my work often questions Western governments, but such questioning must be built on facts.

The author of the Grayzone articles apparently told Politico in 2022 that the emails at the centre of these claims were sent to the organisation anonymously via burner email accounts. The Grayzone has argued that “there is not even hard evidence that Russian hackers were the source of the leaks.”

But this week the UK and US governments issued sanctions against the individuals from hacking group Cold River (also known as Star Blizzard, SEABORGIUM, and the Callisto Group) which was reported to be behind this series of hacks. Cold River, they say, is operated by the Russian intelligence entity, the Federal Security Bureau (FSB), and “selectively leaked and amplified the release of information in line with Russian confrontation goals.”

Hacking freedom of expression

Hacking is normally discussed as a security issue. But this new form of cyber attack significantly threatens freedom of expression as I explain in my recent academic writing. Joe Burton, a professor at Lancaster University, has described this phenomenon as cyber intimidation, “a form of intentional bullying and intimidation that affects how individuals, groups and states act, including the things they do and the things they do not do. This includes the ability to express themselves free of fear of persecution or retribution.”

The UK Foreign Secretary David Cameron said the hackers had “failed”. But some impacts can be difficult to track rendering them invisible, particularly where they silence and suppress activism. And new research indicates cyberattacks cause “equally high levels of psychological distress as conventional terrorism and political violence,” driving political pressure that can escalate conflicts.

Today, aggressive cyber tools are increasingly available for authoritarian regimes wishing to target civil society actors. We ordinary people, not just governments are targeted with lawfare, spyware, social engineering and hacking. Russian hackers, for example, last year also reportedly doxed (malicious publication of personal information) those defending Ukraine. As Citizen Lab has shown, emails hacked from journalists and civil society are also often doctored before they are published, a phenomenon they called “tainted leaks”. Where it is hard for the Kremlin to defeat truth with lies, we see these chilling efforts deployed against researchers and journalists, eroding trust in those delivering any message counter to its interests. The ease at which this can now happen should terrify democracy defenders everywhere.

The hacking of journalists and their sources in particular undermines the ability to privately discuss, research and develop journalism. It also threatens free expression by closing down one side: Rather than contributing to debate, a pre-emptive hack against a journalist halts it.

In the case of Mason’s journalism and my efforts to contribute to it last year, the hack occurred before critical work on those defending Putin’s bloody invasion could occur. For the Kremlin’s hackers and their support alternative credible counter-perspectives cannot be allowed to rise on the left.

A crisis of trust

Conspiracy theories like these proliferate due to a deep crisis of trust in our media and political system. This has its roots in real injustices. But it is also exacerbated by the crisis facing traditional journalism that feeds a rising popularity of news ‘alternatives’. Social media’s engagement-based algorithms then tailor our feed of content to maximize popularity, which of course increases the politically divisive or fear-driven framing of content we see. This business model monetises the most misleading and toxic content, then social media companies are not consistent in responding to the content violating their policies against hacked material. Where cyberattacks are used to intimidate and silence civil society, victims may have limited power to respond. State-backed cyberattacks steal content that can be selectively used to create distrust in reliable journalists, researchers and NGO’s, or to drive anti-government conspiracy theories. Hacks also provoke government reactions that extend secrecy, roll back citizen rights or restrict vital journalism, which can be exploited by Russia to further fuel distrust of government and appetite for hacks – I call this a spiral of “secrecy hacking”. Ironically, increasing efforts by the British government to control information disclosure on national security have fed an information vacuum that provides fertile ground for misleading hacks to spread.

While I welcome sanctions against the Russian hackers, and urge all activists, journalists and scholars to be aware of their technical methods – in the long-term the solutions to Russian hacks lie in tackling our deepening crisis of trust.

UK’s hostile environment continues to silence already persecuted people

After the infamous “go home” vans, the Windrush scandal and a (failed) policy to push back people crossing the channel on boats, this week the UK government sharpened its latest tool in its hostile environment box: the Rwanda plan. UK Prime Minister Rishi Sunak threw a surprise press conference about the government’s Rwanda policy, now freshly emboldened with a new treaty following the Supreme Court’s declaration that Rwanda is not a safe country for UK asylum seekers. The prime minister said he would “finish the job” of getting his controversial deportation plan off the ground.

Questions from journalists to Sunak centred largely around what a vote on new legislation means for the state of the Conservative Party and Sunak’s position as leader. There are free speech implications here too and so I’d like to add a few questions to the list: how does the Rwanda plan impact people at risk? How will the UK keep safe persecuted people? And how will we make sure that people who have a legal right to seek asylum have a voice?

Of the latter, last summer, the BBC aired Sir Mo Farah’s documentary on his experience of being trafficked to the UK from Somaliland as a child, and how he was forced to work as a domestic servant. He was told, “If you ever want to see your family again, don’t say anything. If you say anything, they will take you away.”

His real name is Hussein Abdi Kahin. He was eventually helped in his claim for British citizenship through what was technically fraudulent means and, until the documentary aired, he had remained silent about his true identity, about what he had experienced as a child and really about everything that had weighed on his mind. He feared speaking up and so he stayed silent.

As a much-loved public figure, perhaps Farah knew he would have some modicum of protection if he revealed the truth, which it turns out he did. For others who are victims of trafficking, asking for help can be another story. The only option of escaping exploitation might be going to the authorities and seeking asylum, but this is not the most appealing, or even easy, route. Aberystwyth University’s Gillian McFayden described the Home Office’s “culture of disbelief” in 2018, and how in interviews “inconsistencies will be held against the asylum seeker and they will then be viewed as lacking in credibility.” Trauma is difficult to recount in a consistent way – and this is effectively used against people.

When I last visited Calais and spoke to people planning to cross to the UK (and where they frequently reported violence from French police), there was also a severe lack of clear information about what life in the UK would be like and how the system works. Rumours abounded, amid patchy access to data and language barriers. With a landscape ripe for misinformation and policies that are already unclear amongst the UK public, the confusion that comes from a complicated and hostile environment only leaves people making the journey to the UK more susceptible to exploitation.

Then there is Rwanda itself, hardly known for its robust human rights record. Sile Reynolds, head of asylum advocacy at Freedom from Torture, told me today: “We know from our own clients – survivors of torture who’ve fled the most unimaginable horrors and encountered further trauma on their journeys to find safety – the awful toll that this policy has taken on them. Clinicians have reported that some of our clients are so terrified of being shipped off thousands of miles away to Rwanda that they’d contemplate committing suicide if they were ever served with a removal notice. The stakes really could not be any higher.”

On Rwanda, let’s pause for a moment on its rights record. There is widespread evidence of the abuse of LGBTQ+ people, as just one example. Grassroots asylum support charity African Rainbow Family launched a petition earlier this year to stop the deportation of LGBTQ+ people to the country. On a poster for their No Pride in Deportation campaign, they wrote, “One of our service users was just granted her freedom by the Home Office. She was forced to flee her home in Rwanda due to the persecution she faced as an LGBTIQ+ person. Even the Home Office recognises that Rwanda is unsafe for LGBTIQ+ people.”

They said of LGBTQ+ people: “Deporting them back to these hostile environments can risk condemning them to continued suffering, exile, physical harm, emotional trauma, abuse, isolation, torture and death.”

On the UK government’s own foreign travel advice page for Rwanda it says: “LGBT individuals can experience discrimination and abuse, including from local authorities.” Should we be sending people to a country where they can’t freely express their identity, where doing so could even lead to death?

With the strengthening of the hostile environment comes the lack of something else: safe routes. It’s not just people already in the UK being impacted by this asylum policy, but persecuted people looking to the UK for help. Take the Afghan journalists we work with who fled to Pakistan only to find more danger awaiting them, and little opportunity to earn a living. Some told us they had considered selling a kidney to afford food, which, horrifyingly, others have indeed done. And after Pakistan forced Afghan refugees to leave at the beginning of November, the situation may have become even more dangerous. Women in Afghanistan have no voice. There is no room for dissent or criticism.

Thankfully, some of the Afghan journalists we work with have found sanctuary in France, after the UK failed to make good on promises of refuge. There are still many more Afghans at risk who should be offered safety in the UK, but instead the focus is on deterrents over safe routes and compassion.

Reynolds accused the government of the “demonisation and scapegoating of refugees” and called policies like the Rwanda scheme and Bibby Stockholm “performative cruelty.” For people seeking refuge in this environment, fear breeds silence. For persecuted people who are still looking for safe routes, there are few options left but more danger.

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