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[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]
[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]
[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]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special Report”][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In Focus”][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Index around the world”][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Endnote”][vc_column_text]
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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
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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.