Index on Censorship condemns cumulative attacks on media freedom in the UK

Free speech organisation Index on Censorship condemns the cumulative attacks on media freedom in the UK, following whistleblower Edward Snowden’s revelations about mass surveillance by the NSA and GCHQ. These include the recent detention of David Miranda at Heathrow and the destruction of materials held by the Guardian on the Snowden case.

Index opposes the mass surveillance of individuals’ private communications, which chills our free speech and invades our privacy. How free speech and security can reinforce each other, and the extent to which limited restrictions on free speech for security reasons may be allowable in a democracy, are matters of public interest and need open debate. But mass surveillance in a democracy can and should never be justified. Index calls on the government to stop mass surveillance and to respect and support media freedom in the UK.

The detention this week of David Miranda under schedule 7 of the Terrorism Act looks like a direct attempt to intimidate those journalists and others who are investigating and exposing issues of such critical public and democratic concern. The chilling sight of destroyed discs in the Guardian’s offices, their destruction overseen by GCHQ staff, is an affront to our democracy and to media freedom in the UK.

Index on Censorship CEO, Kirsty Hughes said:
‘Legal threats and terrorism laws should not be used to attack investigative journalism. Our safety cannot be secured at the expense of basic human rights that protect the freedom of the press and our right to privacy.’

Terrorism Act should not be used to intimidate journalists

On Sunday, David Miranda, the partner of Guardian journalist Glenn Greenwald who has been instrumental in revealing mass surveillance programmes run by the US, was detained at London Heathrow. He was held for almost nine hours and questioned under Schedule 7 of the Terrorism Act 2000, the law which allows the police to stop, detain and question any individuals at airports and other border areas.

According to the New York Times, Brazilian citizen Miranda was travelling between Berlin and Rio De Janeiro, where he lives with Greenwald. Miranda had met journalist Laura Poitras in Germany, apparently in order to exchange documents. Greenwald said that the Guardian had paid for Miranda’s trip.

The broad powers that the Terrorism Act 2000 has given to the police were supposed to be used to clamp down on terrorism. However, as the example of David Miranda shows when such powers are not controlled they can be easily abused. The Terrorism Act creates a situation in which all of us, whenever we are at airports or other border areas can become potential terrorism suspects. As a result the most crucial human rights that all people have are put into question.

Under the Terrorism Act people detained or questioned are not automatically allowed to have access to a lawyer. If they exercise their right to remain silent to avoid self-incrimination they may be charged with a separate offence for refusing to cooperate with the police. The detention of David Miranda makes it difficult to escape the conclusion that the Terrorism Act allows the authorities to target journalists and others such as human rights defenders.

Index Chief Executive Kirsty Hughes commented: “The Terrorism Act should not be used to directly or indirectly intimidate journalists. If David Miranda was detained because of his association with Glenn Greenwald, it is not only a misuse of the Terrorism Act but a direct challenge to free speech in this country and internationally.”

Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

ANGOLIA
Analysis: Angola illustrates the dangers of criminal defamation laws
South African media reacted nervously when a former Sowetan journalist was found guilty this week of criminal defamation. This was not an over-reaction, if the example of Angola is anything to go by. Do we really want to be taking media management lessons from José Eduardo dos Santos?
(Daily Maverick)

AUSTRALIA
Public servants and free speech
On Monday, August 13, Canberra public servant Michaela Banerji lost a case in the Federal Circuit Court before Judge Neville, which has paved the way for her possible dismissal from the Department of Immigration.
(The Conversation)

BAHRAIN
Bahrain activists to test demo ban at U.S. embassy
Bahraini opposition activists, inspired by the success of street protests in Egypt, plan to demonstrate near the U.S. embassy on Wednesday in defiance of a government ban.
(The Daily Star)

BRAZIL
U.S.-Brazil relations face ‘challenge’ under dark cloud of NSA leaks
The United States pledged on Tuesday that Brazil and other allies will get answers about American communications surveillance aimed at thwarting terrorism, but gave no indication it would change the way it gathers such information.
(The Globe and Mail)

EGYPT
Press Freedom at Risk in Egypt
Hopes for press freedom were high after the 2011 revolution ousted Hosni Mubarak, led to an explosion of private media outlets, and set the country on a path to a landmark presidential election. But more than two years later, a deeply polarized Egyptian press has been battered by an array of repressive tactics, from the legal and physical intimidation of Mohamed Morsi’s tenure to the wide censorship of the new military-backed government. A CPJ special report by Sherif Mansour with reporting by Shaimaa Abu Elkhir from Cairo
(CPJ)

FRANCE
Twitter in hot water again in France – this time, for Homophobic Hashtags
The problem with giving into the requests of the government is that, well, you have to follow through. After an altercation with a few advocacy groups and the French government over some anti-Semitic trending hashtags earlier this year, Twitter promised to provide a streamlined access for users ( & the government) to signal inappropriate content. They also suggested that they would be turning over account information of users who use hate speech on the social network so that the French government can pursue those users for violating France’s free speech laws.
(Rude Baguette)

RUSSIA
In Russia only tyrants’ names change
The news out of Russia never seems to be new. The names change, not the essence. Nor does the reaction of Russia-watchers: a deep, hopeless, wordless sigh. As if to say: What’s to be said? Ah, Russia!
(Boston Herald)

Olympic athletes who promote ‘non-traditional sexuality’ will be arrested
Athletes at the Winter Olympics will be arrested if they breach Russia’s controversial ‘gay propaganda’ laws, the country’s interior ministry has confirmed.
(Metro)


Previous Free Expression in the News posts
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Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

CANADA
Censorship Can’t be Our Default Internet Setting
Who should decide what websites you can access online? The answer is obvious: You.
(Huffington Post)

CHINA
What a murder mystery reveals about Chinese censorship
At first glance, the only thing out of place in the photograph of a dim, dingy bedroom in Kabul, Afghanistan, released last week by Xinhua, China’s state-controlled news agency, is the giant fluorescent bulb hanging inexplicably below a gilded, five-branch chandelier. It is not: the room is a crime scene, the place where, this past Thursday, an attack left three Chinese nationals dead and two more people missing.
(The New Yorker)

How Censorship Hurts Chinese Internet Companies
Beijing’s block of Facebook, YouTube, and Twitter has allowed domestic equivalents to grow. But by shunning global markets, their long-term outlook is uncertain.
(The Atlantic)

INDIA
Indian court orders Facebook, Google to offer plans for protecting children
The New Delhi High Court has given Facebook and Google one month to submit suggestions on how minors can be protected online in India.
(Index on Censorship)

Freedom of Expression: Indians are Becoming Increasingly Intolerant
Instead of nurturing the spirit of debate, we have become aggressive, bigoted and abusive
(Forbes India)

TAIWAN
Censorship quietly flourishes amid outrage
Taiwan’s once-famously freewheeling press is becoming more reliant on China as cross-strait cultural and media exchanges grow
(Index on Censorship)

UKRAINE
TVA channel still off the air, censorship suspected
Nearly three weeks after local TVA channel was forced to suspend its broadcast, a group of 28 deputies from local councils of Chernivtsi Oblast asked the National Council on Television and Radio Broadcasting to intervene.
(Kyiv Post)

UNITED KINGDOM
Artificially inadequate: we should never let machines rule on censorship
One of the great irritations about freedom of speech is that the people who demand it most are the ones who deserve it least. The very worst, I reckon, are the oxygen thieves who demand complete freedom for themselves but try to silence others.
(TechRadar)

UNITED STATES
The Business of Financing Hate Groups: Legal to Censor, but Unwise
It’s so tempting to go for the easy answer. Credit card companies are private businesses. They generally have the right, including possibly the First Amendment right, to refuse to deal with anyone. (Exceptions might include a collusive financial blockade of any group, which could violate antitrust law, and of course there are anti-discrimination laws.) That should apply all the more to bigots, right?
(ACLU)

Strip Club Owner Brings Epic Free Speech Fight To The US Supreme Court
The owner of an Albany, N.Y. strip club called Nite Moves has hired one of America’s best free speech lawyers to help him convince the Supreme Court that taxes on lap dances should be illegal, The Daily Gazette reports.
(Business Insider)


Previous Free Expression in the News posts
Aug 12 |Aug 9 |Aug 7 |
Aug 6 | Aug 5 | Aug 2 | Aug 1 | July 31 | July 30 | July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19 | July 18 | July 17