Landmark report finds China using arts “to silence critics and drive censorship”

A new report from Index on Censorship published today (Thursday, December 1st) has laid bare the shocking extent to which Chinese Communist Party (CCP) activity is driving a new era of artistic censorship across Europe.

The report – Whom to Serve? How the CCP censors art in Europe – builds on in-depth interviews with more than 40 leading artists, curators, academics and experts from across Europe, and the findings of more than 35 Freedom of Information requests. It paints a worrying picture of the coordinated campaign by the CCP to undermine artistic freedoms.

Key findings include:

  • Ruthless CCP techniques to limit the spread of critical art, including diplomatic pressure, direct threats to individuals and the propagation of pro-state art.
  • A concerted drive to impose self-censorship on artists working in Europe, including surveillance, interrogations, graffiti and physical attacks.
  • Threats made to those with family in China, Hong Kong and Taiwan.
  • The spread of CCP soft power from visual arts into fine art, sculpture, graphic art, film, fashion and theatre.
  • A murky network of extensive financial and non-financial ties between Chinese companies and state bodies, and European art institutions, the full scale of which is almost impossible to ascertain.

Jemimah Steinfeld, editor-in-chief at Index, said:

“With the kidnapping of a Hong Kong bookseller in Thailand nine years ago, we have long known that the CCP’s police state stretches beyond its own borders. But what this report shows in startling detail is just how far it stretches and how common aggressive tactics are.

“The scale of the CCP’s reach across the arts world is as staggering as its nature is coordinated. This is not a fringe pursuit or some dabbling at the margins – it is a new and growing weapon in China’s arsenal to burnish its image abroad, control how people both view it and discuss it, and to ruthlessly target those who create or curate art they class as dangerous.

“European art galleries and museums are relentlessly targeted by the CCP using a variety of tools. From diplomatic pressure aimed at European artistic institutions to cancel or forcibly change exhibitions, to the championing of a counter-narrative through artistic work that amplifies state propaganda, there is a battle being fought in institutions across Europe.

“With the recent re-entrenchment of Xi Jinping’s leadership and the growth of China as the 2nd largest art market, there are no signs of the CCP stopping.”

The report shows how the CCP targets dissident artists with overt censorship to prevent critical artwork from being made public, and self-censorship to dissuade artists and institutions from taking the risk of criticising both the party and the country. Fear of reprisals against both themselves and their family pushes many artists, even those living in Europe, to avoid sensitive topics.

While large-scale and coordinated, the report shows the CCP’s efforts to be only partially successful. While self-censorship is rife, attempts to pressure European governments to censor artists has largely failed, even in the face of financial hits to both private galleries or museums.

Nik Williams, policy and campaigns officer, Index on Censorship, added:

“With China one of the world’s largest and most rapidly expanding markets for contemporary art, there are also increasing connections between European art institutions and Chinese state linked firms or individuals sympathetic to the CCP.

“The difficulties we faced in tracking and tracing these connections, murky in their nature and opaque in their arrangements, is concerning in itself.  We remain fearful of how these relationships could inform how institutions engage with dissident artists or sensitive topics.”

ENDS

NOTES TO EDITORS

  • You can read the full report, “Whom to Serve?: How the CCP censors art in Europe”, here
  • The report includes exclusive artwork from leading dissident artist, Badiucao, as well as pieces from Lumli Lumlong, Jens Galschiøt and Yang Weidong.

For press and broadcast interview requests, or for further information, please contact:

Luke Holland // [email protected] // +44 7447 008098

Letter to Justice Secretary: Adoption of a UK Anti-SLAPP Law

29 November 2022

To the Rt. Hon. Dominic Raab MP

Deputy Prime Minister and Lord Chancellor and Secretary of State for Justice       

Copies sent to: 

Rt. Hon. Dominic Raab, Deputy Prime Minister and Lord Chancellor and Secretary of State for Justice

Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom 

Rt. Hon. Michelle Donelan MP, Secretary of State for Digital, Culture, Media and Sport

Rt. Hon. James Cleverly MP, Secretary of State for Foreign, Commonwealth and Development Affairs

Mr. Steve Reed MP, Shadow Labour Secretary of State for Justice

Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern Ireland

Ms. Anne McLaughlin MP, Shadow SNP Spokesperson (Justice)

Mr. John Penrose MP, UK Government Anti Corruption Champion

Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority

Mr. Mark Neale, Director-General, The Bar Standards Board

Ms. Dunja Mijatović, Council of Europe Commissioner for Human Rights 

Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe, Representative on Freedom of the Media

Ms. Irene Khan, United Nations Special Rapporteur on on the Promotion and Protection of the Right to Freedom of Opinion and Expression

Re: Adoption of a UK Anti-SLAPP Law

As a group of leading editors, journalists, publishers, lawyers and other experts, we are writing to express our support for the Model UK Anti-SLAPP Law launched this November by the UK Anti-SLAPP Coalition – and to urge you to move swiftly to enshrine these proposals in law.

Events over the past year have shone a light on the use of abusive lawsuits and legal threats to shut down public interest speech. This is a problem that has long been endemic in newsrooms, publishing houses, and civil society organisations. In an age of increasing financial vulnerability in the news industry, it is all too easy for such abusive legal tactics to shut down investigations and block accountability. 

We welcome your commitment to bring in reforms to address Strategic Lawsuits Against Public Participation (SLAPPs), as you said on 20 July 2022, in order to “uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” High-profile cases – such as those targeting Catherine Belton, Tom Burgis, Elliot Higgins, and more recently openDemocracy and The Bureau of Investigative Journalism – are just the most visible manifestation of a much broader problem which has affected newspapers across Fleet Street and the wider UK media industry for many years. 

The public interest reporting targeted by SLAPPs is vital for the health of democratic societies, including law enforcement’s ability to investigate wrongdoing promptly and effectively. This is of acute importance in the UK, which journalistic investigations have repeatedly shown to be a hub for illicit finance from kleptocratic elites. As of April 2022, the National Crime Agency (NCA) has estimated the scale of money laundering impacting the UK is in excess of £100bn a year.

Journalism has a huge role to play in tackling this problem. For example, investigations by the Organized Crime and Corruption Reporting Project (OCCRP) into the ‘Azerbaijani Laundromat’ scandal supported the NCA in seizing millions in corrupt funds from a number of individuals, including £5.6 million from members of one Azerbaijani MP’s family.  Prior to the NCA’s seizure, the same MP had spent two years pursuing Paul Radu, co-founder of OCCRP through London’s libel courts. The inequality of arms in such cases is clear. As Radu notes: “The people suing journalists in the UK rely on these huge legal bills being so intimidating that the journalists won’t even try to defend themselves.” 

In March 2022, at the launch of the Government consultation on SLAPPs, you stressed that “The Government will not tolerate Russian oligarchs and other corrupt elites abusing British courts to muzzle those who shine a light on their wrongdoing.” The findings of the consultation, published in July, clearly stated that “the type of activity identified as SLAPPs and the aim of preventing exposure of matters that are in the public interest go beyond the parameters of ordinary litigation and pose a threat to freedom of speech and the freedom of the press.

Fortunately, there is an oven-ready solution to this problem. The Model Anti-SLAPP Law, drafted by the UK Anti-SLAPP Coalition in consultation with leading media lawyers and industry experts, would provide robust protection against SLAPPs, building on the framework proposed by the Ministry of Justice in JulyKey features include:

  1. A filter mechanism that empowers courts to swiftly dispose of SLAPPs without the need for a subjective enquiry into the state of mind of the SLAPP filer. This mechanism should subject claims that exhibit features of abuse to a higher merits threshold.
  2. Penalties that are sufficient to deter the use of SLAPPs and provide full compensation to those targeted. Such penalties should take into account the harm caused to the defendant and the conduct of and the resources available to the claimant.
  3. Protective measures for SLAPP victims including cost protections, safeguards, and measures to reduce the ability of SLAPP claimants to weaponise the litigation process against public watchdogs. 

The need could not be more urgent. Research by the Foreign Policy Centre and other members of the UK Anti-SLAPP Coalition has found that SLAPPs are on the rise and that the UK is the number one originator of abusive legal actions. In fact, the UK has been identified as the leading source of SLAPPs, almost as frequent a source as all European Union countries and the United States combined. 

The EU has already taken steps, with a proposed Anti-SLAPP Directive announced in April. In the US, 34 US states already have anti-SLAPPs laws in place, and this year Congress has introduced the first federal SLAPP Protection Act. Moreover, the US has also launched the Defamation Defense Fund, recognising the impact SLAPP actions have on journalists, as they “are designed to deter them from doing their work.”

You have made clear your commitment to strengthening legal protections against these legal tactics. It is crucial momentum is not lost. We encourage you to put forward, in the earliest possible time frame, legislation in line with the model UK Anti-SLAPP Law, to ensure that the UK can keep pace and contribute to this global movement to protect against SLAPPs.

Yours,

John Witherow, Chairman, Times Media

Emma Tucker, Editor, The Sunday Times

Tony Gallagher, Editor, The Times

Victoria Newton, Editor-in-Chief, The Sun

Paul Dacre, Editor-in-Chief, DMG media

Ted Verity, Editor, The Daily Mail

Katharine Viner, Editor-in-Chief, The Guardian

Paul Webster, Editor, The Observer

Alison Phillips, Editor, The Mirror 

Oliver Duff, Editor-in-Chief, i

Roula Khalaf, Editor, The Financial Times

Chris Evans, Editor, The Telegraph

Alan Rusbridger, Editor, Prospect Magazine

Ian Hislop, Editor, Private Eye

Zanny Minton Beddoes, Editor-in-Chief, The Economist

Alessandra Galloni, Editor-in-Chief, Reuters News Agency

John Micklethwait, Editor-in-Chief, Bloomberg

Drew Sullivan, Co-founder and Publisher, Organised Crime and Corruption Reporting Project (OCCRP)

Paul Radu, Co-founder and Chief of Innovation, OCCRP

Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)

Peter Geoghegan, Editor-in-Chief and CEO, openDemocracy

Nick Mathiason, Co-founder and Co-director, Finance Uncovered

Gerard Ryle, Director of the International Consortium of Investigative Journalists (ICIJ)

David Kaplan, Executive Director, Global Investigative Journalism Network (GIJN)

Michelle Stanistreet, General Secretary, National Union of Journalists (NUJ)

Dawn Alford, Executive Director, Society of Editors

Sayra Tekin, Director of Legal, News Media Association (NMA)

Sarah Baxter, Director, Marie Colvin Center for International Reporting

Paul Murphy, Head of Investigations, Financial Times

Rachel Oldroyd, Deputy Investigations Editor, The Guardian

Carole Cadwalladr, journalist, The Observer

Catherine Belton, journalist and author of the book, Putin’s People: How the KGB took back Russia and then took on the west

Tom Burgis, reporter and author of the book, Kleptopia: How dirty money is conquering the world

Oliver Bullough, Journalist and author

Clare Rewcastle Brown, investigative journalist and founder of The Sarawak Report

Richard Brooks, journalist, Private Eye

Matthew Caruana Galizia, Director of The Daphne Caruana Galizia Foundation

Mark Stephens CBE, Partner at Howard Kennedy LLP

Caroline Kean, Consultant Partner, Wiggin

Matthew Jury, Managing Partner, McCue Jury and Partners

David Price KC

Rupert Cowper-Coles, Partner at RPC

Conor McCarthy, Barrister, Monckton Chambers

Pia Sarma, Editorial Legal Director, Times Newspapers Ltd

Gill Phillips, Director of Editorial Legal Services, Guardian News & Media

Lisa Webb, Senior Lawyer, Which?

Juliette Garside, Deputy Business Editor, The Guardian and The Observer 

Alexander Papachristou, Executive Director of the Cyrus R. Vance Center for International Justice

José Borghino, Secretary General, International Publishers Association

Dan Conway, CEO, Publishers Association

Arabella Pike, Publishing Director, HarperCollins Publishers

Joanna Prior, CEO of Macmillan Publishers International Limited

Meirion Jones, Editor, TBIJ

Emily Wilson, Bureau Local Editor, TBIJ

James Ball, Global Editor, TBIJ

Franz Wild, Enablers Editor, TBIJ

James Lee, Chair of the Board, TBIJ

Stewart Kirkpatrick, Head of Impact, openDemocracy

Moira Sleight, Editor, the Methodist Recorder

Paul Caruana Galizia, reporter, Tortoise

Tom Bergin, journalist and author

James Nixey, Director, Russia and Eurasia Programme, Chatham House

Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)

Sean O’Neill, Senior Writer, The Times

Dr Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham

Alex Wilson, Partner at RPC

George Greenwood, Investigations Reporter, The Times

Simon Bowers, Investigations Editor, Finance Uncovered

John Heathershaw, Professor of International Relations, University of Exeter 

Tena Prelec, Research Fellow, DPIR, University of Oxford

Thomas Mayne, Research Fellow, DPIR, University of Oxford

Jodie Ginsberg, President, Committee to Protect Journalists

Dr Julie Macfarlane, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs

Zelda Perkins, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs

Banned by Beijing: Artistic Freedom and CCP Censorship in Europe

“How to protect the freedom of the individual, including that of the artist, when the limits of government power are ever expanding, is a question for the whole world.”

Chiang Seeta, exiled Chinese artist living in France

Despite the strong focus on artistic freedom in many European countries, artists based in Europe are reporting attempts at censorship by the Chinese Communist Party (CCP). The CCP has deployed extensive diplomatic pressure in an attempt to censor artwork and exhibitions. We have also identified endemic self-censorship within dissident artist communities, alongside extensive ties between Chinese companies and European museums and galleries. To investigate the current state of artistic freedom in Europe, and whether and how the CCP attempts to undermine it, Index on Censorship conducted interviews with more than 40 artists, curators, academics and experts from 10 European countries.

Join Index on Censorship as we launch our latest report titled Whom to Serve?: How the CCP censors art in Europe. We will discuss the challenges faced by artistic communities in Europe. Is art a tool for dissidents to rally around and critique authoritarianism or a soft power tool for the CCP to control the narrative? What challenges do artists based in Europe face? How can local institutions and organisations support dissident art? And what do these attempts at censorship mean for artistic freedoms in Europe more broadly?

MEET THE SPEAKERS

  • Lumli Lumlong – Hong Kong painter duo living in exile in London
  • Michaela Šilpochová – curator at the DOX Center for Contemporary Art in Prague
  • Jens Galschiøt – International artist and sculptor
  • Iverson NG – Experienced Hong Kong curator and policy advocate
  • Dr Janet Marstine – Honorary Fellow, Research Centre for Museums and Galleries, University of Leicester UK
  • Chair: Nik Williams – Policy and Campaigns Officer, Index on Censorship

When: Thursday 1  December 2022, 5.30-7pm

Where: Online

Tickets: Free, advance booking essential