Ireland notified by Council of Europe over legal action against media outlet

[vc_row][vc_column][vc_column_text]Index on Censorship has filed an alert to the Council of Europe about a defamation action that is being taken against the Dublin Inquirer, its co-founder Sam Tranum and reporter Laoise Neylon. The Council of Europe has formally notified Ireland of the legal action.

The alert is the first media freedom alert on Ireland since the Council of Europe’s alert platform was launched in 2015. The platform catalogues threats to media freedom in the Council of Europe’s 47 member states.

On the back of the alert, Index on Censorship and seven other media freedom organisations have also written to justice minister, Helen McEntee, and foreign affairs minister, Simon Coveney, to express their concerns over the lawsuit.

“We believe that this legal action is a Strategic Lawsuit against Public Participation (Slapp), intended to intimidate and silence an independent media outlet that is reporting in the public interest,” they wrote.

“The aim of a Slapp is not to succeed in court, but to drain their targets of money, time, and energy in an effort to discourage them from reporting further on a particular person or issue,” the letter explains.

The organisations urge the government to pursue reform of Irish defamation law and to support the creation of anti-Slapps legislation at EU level. “We call on you to get behind such measures in order to bring about concrete protections – including an anti-Slapps directive – for freedom of expression, access to information, and ultimately our democracies.”

Click here to read our report on the rise of Slapps.

Read below the letter to McEntee and Coveney in full:

 

8 September 2020

Dear Minister Helen McEntee TD, Minister for Justice

Dear Minister Simon Coveney TD, Minister for Foreign Affairs and Trade

Cc: Permanent Representation of Ireland to the EU

Index on Censorship, alongside the undersigned press freedom organisations, are writing to raise our concern about legal action that is being taken against the independent news outlet, the Dublin Inquirer, its co-founder Sam Tranum, and its reporter Laoise Neylon.

As outlined in the media freedom alert that was issued by the Council of Europe today, the Dublin Inquirer is facing a defamation lawsuit for an article it published on its website on 26 August, which reported on an eviction that had taken place in Glasnevin the previous week. Tranum, Neylon, and the Dublin Inquirer, were served with summons on 31 August.

We believe that this legal action is a Strategic Lawsuit against Public Participation (SLAPP), intended to intimidate and silence an independent media outlet that is reporting in the public interest. The aim of a SLAPP is not to succeed in court, but to drain their targets of money, time, and energy in an effort to discourage them from reporting further on a particular person or issue.

The SLAPP that the Dublin Inquirer is facing is just one example of a phenomenon that has become widespread in Europe in recent years: at the time of her death in 2017, Maltese journalist Daphne Caruana Galizia had 47 vexatious lawsuits filed against her. This year, the Council of Europe Platform for the Protection of Journalism and Safety of Journalists has recorded SLAPPs in Belgium, Malta, France, Bulgaria, Poland, and Romania – and we have reason to believe that these are just the tip of the iceberg.

The lengthy process and extremely high costs associated with defending a defamation case means that Ireland’s draconian defamation laws are an ideal tool with which to threaten and intimidate. Because of the arduousness of exhausting domestic measures, the European Court of Human Rights provides little practical protection to Irish journalists and media outlets. This means that small media outlets, like the Dublin Inquirer, could face closure when targeted with such legal threats and actions.

We therefore urge you, not only to pursue the long overdue reform of Irish defamation law, but to support the creation of robust anti-SLAPPs legislation at EU level. The European Commission has committed to considering suitable anti-SLAPP measures as part of its upcoming European Democracy Action Plan. We call on you to get behind such measures in order to bring about concrete protections – including an anti-SLAPPs directive – for freedom of expression, access to information, and ultimately our democracies.

Thank you in advance for your consideration of our concerns. We look forward to your response and would be glad to schedule a meeting to discuss in more detail. 

Kind regards,

Index on Censorship

European Centre for Press and Media Freedom (ECPMF)

The Daphne Caruana Galizia Foundation

Irish Council for Civil Liberties (ICCL)

Free Press Unlimited (FPU)

Article 19

Reporters Without Borders (RSF)

Committee to Protect Journalists (CPJ)[/vc_column_text][/vc_column][/vc_row]

Freedom on UK campuses is threatened. We need to discuss how to protect it

[vc_row][vc_column][vc_single_image image=”103857″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Just 37% of UK academics have said they would feel comfortable sitting next to someone who, in relation to transgender rights, advocates gender-critical feminist views, a new report on academic freedom in the UK has revealed. The report by Policy Exchange, released today, is one of the largest representative samples of UK- based academics carried out in recent years. It explores the concern that strongly-held political attitudes are restricting the freedom of those who disagree to research and teach on contested subjects. The report also proposes what might be done, in the form of legislation and other measures, to ensure that universities support intellectual dissent and all lawful speech is protected on campus.

Protecting academic freedoms was one of the founding principles of Index in 1971 and continues to be an area that we are concerned about, so we very much welcome the debate inspired by this report and look forward to hearing from other voices.

Read Index CEO Ruth Smeeth’s foreword for the report:

“It was recently suggested to me that I might have been a target of a little too much free speech in recent years, so it could be viewed as strange that I am so passionate about protecting our collective rights to free speech. But honestly, I have a romantic view of one of our most important human rights.

Free speech should be challenging; it should drive debate and ultimately force all of us to continually reflect on our own views. Free speech should manifest in different ways in different forums. In literature, it should drive our intellectual curiosity about the world around us. In journalism, it should shine a light on the powerful and ensure that the world is informed. And in academia, it should drive debate about the status quo demanding that we continually evolve as a society. It’s only by the guarantee of this core human right that we can ensure that we are the best that we can be, that our arguments are robust and that they can sustain criticism. Simply put, debate makes us better as individuals and as a society, it also makes our arguments more rounded and demands of us the intellectual rigour that drives positive change.

That’s why this publication is so important. Throughout our history, we’ve seen a cyclical approach towards academic freedom, but the reality is that only when our centres of learning are truly independent have we thrived as a society. This research isn’t about determining who is right or wrong, or whose voice is more valuable on any given issue but rather the proposals are designed to ensure that there is still a free and fair debate on our campuses. That the academic freedom that we all should cherish is given the protections it needs. It does the country no good if our educators, our academics, our scholars and most importantly our students feel that they can’t speak or engage without fear of retribution.

We all know that legislation is not a panacea to the chilling effect of what is happening in our public space for anyone that challenges the status quo. It can’t and won’t change the culture on campus but what it can do and what this document squarely aims to do is inform, engage and start a debate about what should be important to us. As a society, we need to have our own national conversation about our core human rights and how they should manifest in the twenty-first century. We need to decide collectively where the lines should be between hate speech and free speech, between academic inquiry and ‘research’ designed to incite, between journalism and purveyors of fake news. This research is an important part of that conversation.”

Please read the report in full here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

Contents – Private lives: What happens when our every thought goes public

[vc_row][vc_column][vc_custom_heading text=”With contributions from Katherine Parkinson, David Hare, Marina Lalovic, Geoff White and Timandra Harkness”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The Summer 2020 issue of Index on Censorship magazine looks at just how much of our privacy we are giving away right now. Covid-19 has occurred at a time when tech giants and autocrats have already been chipping away at our freedoms. Just how much privacy is left and how much will we now lose? This is a question people in Turkey are really concerned about, as many feel the home was the last refuge for them for privacy, but now contact tracing apps might rid them of that. It’s a similar case for those in China, and the journalist Tianyu M Fang speaks about his own, haphazard experience of using a contact tracing app there. We also have an article from Uganda on the government spies that are everywhere, plus tech experts talking about just how much power apps like Zoom and tech like drones have.

In our In Focus section, we interview journalists in Serbia, Hungary and Kashmir who are trying to report the truth in places where the truth can be as dangerous, if not more, than Covid-19. And we have an interview with and poet from the playwright David Hare.

We have a very special culture section in this issue. Three playwrights have written short plays for the magazine around the theme of pandemics. V (formerly Eve Ensler), the author of The Vagina Monologues, takes you to the aftermath of a nuclear disaster; Katherine Parkinson of The IT Crowd writes about online dating during quarantine; Lebanese playwright Lucien Bourjeily is inspired by recent events in his country in his chilling look at protest right now.

Buy a copy of the magazine from our online store here.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special Report”][vc_column_text]

Virus masks a different threat by Hannah Leung and Jemimah Steinfeld: China is using Covid-19 responses and Hong Kong’s new security law to reduce freedoms in the city state

Back-up plan by Timandra Harkness: Don’t blindly give away more freedoms than you sign up for in the name of tackling the epidemic. They’re hard to reclaim

The eyes of the storm by Issa Sikiti da Silva: Spies are on the streets of Uganda making sure everyone abides by Covid-19 rules. They’re spying on political opposition too. A dispatch from Kampala

Generation app by Silvia Nortes, Steven Borowiec and Laura Silvia Battaglia: How do different generations feel about sharing personal data in order to tackle Covid-19? We ask people in South Korea, Spain and Italy

Zooming in on privacy concerns by Adam Aiken: Video app Zoom is surging in popularity. In our rush to stay connected, we need to make security checks and not reveal more than we think

Seeing what’s around the corner by Richard Wingfield: Facial recognition technology may be used to create immunity “passports” and other ways of tracking our health status. Are we watching?

Don’t just drone on by Geoff White: If drones are being used to spy on people breaking quarantine rules, what else could they be used for? We investigate

Sending a red signal by Tianyu M Fang: When a contact tracing app went wrong a journalist was forced to stay in their home in China

The not so secret garden by Tom Hodgkinson: Better think twice before bathing naked in the backyard. It’s not just your neighbours that might be watching you. Where next for privacy?

Hackers paradise by Stephen Woodman: Hackers across Latin America are taking advantage of the current crisis to access people’s personal data. If not protected it could spell disaster

Italy’s bad internet connection by Alessio Perrone: Italians have one of the lowest levels of digital skills in Europe and are struggling to understand implications of the new pandemic world

Stripsearch by Martin Rowson: Ping! Don’t forget we’re watching you… everywhere

Less than social media by Stefano Pozzebon: El Salvador’s new leader takes a leaf out of the Trump playbook to use Twitter to crush freedoms

Nowhere left to hide by Kaya Genç: Privacy has been eroded in Turkey for many years now. People fear that tackling Covid-19 might take away their last private free space

Open book? by Somak Ghoshal: In India, where people are forced to download a tracking app to get paid, journalists are worried about it also being used to access their contacts

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In Focus”][vc_column_text]

Knife-edge politics by Marina Lalovic: An interview with Serbian journalist Ana Lalic, who forced the Serbian government to do a U-Turn

Stage right (and wrong) by Jemimah Steinfeld: The playwright David Hare talks to Index about a very 21st century form of censorship on the stage. Plus a poem of Hare’s published for the first time

Inside story: Hungary’s media silence by Viktória Serdült: What’s it like working as a journalist under the new rules introduced by Hungary’s Viktor Orbán? How hard is it to report?

Life under lockdown: A Kashmiri Journalist by Bilal Hussain: A Kashmiri journalist speaks about the difficulties – personal and professional – of living in the state with an internet shutdown during lockdown

The truth will out by John Lloyd: Journalists need to challenge themselves and fight for media freedoms that are being eroded by autocrats and tech companies

Extremists use virus to curb opposition by Laura Silvia Battaglia: Covid-19 is being used by religious militia as a recruitment tool in Yemen and Iraq. Speaking out as a secular voice is even more challenging

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][vc_column_text]

Masking the truth by V: The writer of The Vagina Monologues (formerly known as Eve Ensler) speaks to Index about attacks on the truth. Plus a new version of her play about living in a nuclear wasteland

Time out by Katherine Parkinson: The star of The IT Crowd discusses online dating and introduces her new play, written for Index, that looks at love and deception online

Life in action by Lucien Bourjeily: The Lebanese director talks to Index about how police brutality has increased in his country and how that informed the story of his new play, published here for the first time

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Index around the world”][vc_column_text]

Putting abuse on the map by Orna Herr: The coronavirus crisis has seen a huge rise in media attacks. Index has launched a map to track these

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Endnote”][vc_column_text]

Forced out of the closet by Jemimah Steinfeld: As people live out more of their lives online right now, our report highlights how LGBTQ dating apps can put people’s lives at risk

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”Subscribe”][vc_column_text]In print, online, in your mailbox, on your iPad.

Subscription options from £18 or just £1.49 in the App Store for a digital issue.

Every subscriber helps support Index on Censorship’s projects around the world.

SUBSCRIBE NOW[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Read”][vc_column_text]The playwright Arthur Miller wrote an essay for Index in 1978 entitled The Sin of Power. We reproduce it for the first time on our website and theatre director Nicholas Hytner responds to it in the magazine

READ HERE[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Listen”][vc_column_text]In the Index on Censorship autumn 2019 podcast, we focus on how travel restrictions at borders are limiting the flow of free thought and ideas. Lewis Jennings and Sally Gimson talk to trans woman and activist Peppermint; San Diego photojournalist Ariana Drehsler and Index’s South Korean correspondent Steven Borowiec

LISTEN HERE[/vc_column_text][/vc_column][/vc_row]

Governments using virus as cover to restrict newspapers

Jordan, the UAE, Oman, Morocco, Yemen and Iran. It is the sort of list that Index might compile for any number of attacks on freedom of expression. In this instance they are all countries that have chosen to ban the printing of newspapers and other media during the current Covid-19 crisis, ostensibly to contain the spread of the virus.

This trend of governments using this pandemic to close down newsprint is one of a series of trends that we have identified in compiling Index’s mapping project . The map, created in conjunction with Justice for Journalists Foundation, tracks media violations during the coronavirus crisis.

On 17 March, the Jordanian Council of Ministers ordered newspapers to stop producing print editions for two weeks in a bid to stop the spread of the coronavirus. Minister of state for media affairs Amjad Adaileh said at a press conference that the decision was “because they help the transmission of the pandemic”. On 21 March, the UAE’s National Media Council announced a temporary ban on printing all newspapers and magazines except for regular subscribers of the publications and large outlets in shopping centres.

The council said the decision was “in line with the precautionary measures taken to contain the spread of the virus. Several people touching the same printed material has the potential to disseminate the virus.”

Over the next week, Morocco, the Sultanate of Oman, Yemen and Iran all followed suit, forcing publishers to produce copies online. In April, the Indian state of Maharashtra did things differently; it didn’t ban print publications but banned their delivery to people’s doors.

In early April, a number of Tunisian publishers suspended printing a number of daily and weekly publications.

Yet there is mounting evidence that there is little or no risk of catching the virus from newspapers, which has led Index to suspect that Covid-19 is being used as an excuse.

The World Health Organisation is reported to have said that the risk of contracting the virus from newsprint is “infinitely small”.

Professor George Lomonossoff, a virologist at the John Innes Centre said in a TV interview: “Newspapers are pretty sterile because of the way they are printed and the process they’ve been through. Traditionally, people have eaten fish and chips out of them for that very reason. So all of the ink and the print makes them actually quite sterile. The chances of that are infinitesimal.”

Former director general of the Indian Council of Medical Research N K Ganguly told the Deccan Herald: “It is more of a perception than reality that COVID-19 virus spreads through newspapers.

The risk of catching the virus from newsprint seems remote but some say the fear of it spreading that way is causing people not to buy print newspapers.

Vincent Peyrègne, CEO of the World Association of News Publishers, (WAN-IFRA) said:

“Today, modern newspaper production is fully automated from end to end. There is hardly human intervention until the last mile distribution point. The ink and solvent used in newspaper printing act as a disinfectant to a large extent and there is no evidence to show that newspapers are carriers of the virus. The rumours that the virus can spread through newspapers is also having a disastrous effect, and newspaper as a source of transmission of the virus is very remote.”

It is perhaps telling that the countries which appear high on various rankings of press freedom have not joined in with banning newsprint.

Peyrègne said these countries “banned print newspapers with the fallacious, or misleading argument that they needed to protect the health of citizens”.

“Any banning of media or placing of restrictions on journalists or media organisations is not only an attack on the freedom to inform and to be informed, but it also carries serious consequences in terms of responsibility for contributing to one of the most serious humanitarian and economic crises we have experienced in the last one hundred years. Nevertheless, many authoritarian countries feel that the crisis is the perfect excuse to crack down on free speech, silence their critics and accelerate repressive measures,” said Peyrègne.

The ban on print editions of newspapers and magazines has contributed to a devastating effect on circulations.

Peyrègne said: “The month of April hit the circulation of the daily press hard, due to confinement, the closure of sales outlets and the shutdown of transport. Generally speaking, readership and subscription surged dramatically during the lockdown. Some segments were obviously more affected than others.”

In the UK, the auditing body ABC has told publishers they no longer have to reveal their print circulations, a move which media trade journal Press Gazette says may mean we “never get the full picture of the impact of coronavirus on newspaper sales”. It says that News UK is the only major publisher to say it will not provide the figures so far.

The crisis has also seen a dramatic acceleration in the move of local newspapers away from print. Many local newspapers rely on advertising from their communities and most of these businesses have been forced to close during the crisis, sucking revenues from the publishers.

News Corp Australia announced at the end of May that 76 of its local and regional newspapers would become digital only while 36 others would cease publication permanently.

In the UK, JPIMedia said it was temporarily stopping the print publication of a dozen of its titles, including the MK Citizen in Milton Keynes and the News Guardian in North Tyneside.

In Egypt, Sawt Al-Azhar, Veto, Al-Youm Al-Gadid and Iskan Misr have all temporarily stopped producing print editions.

It is good to see that some countries, including Morocco, Tunisia and Jordan have reversed their bans but such incidents represent just a small part of wider crackdowns on media freedom that we are witnessing at this time of crisis and which we are reporting on our interactive map.

Newspapers play a vital role in informing communities, particularly at times of crisis, and the combination of misguided bans and the poor financial viability of some titles will be a loss that will be keenly felt.

Read more about Index’s mapping media freedom during Covid-19 project.