The harassment of Chinese-Australian artist, political cartoonist and activist Badiucao must end

The undersigned organisations condemn the harassment of artist, political cartoonist and activist Badiucao, which has taken place via email, in the media, and on social media in the last week. The harassment began as Badiucao was preparing to publish a statement criticising the human rights situation in Hong Kong. The statement was providing context to his artwork – a short video – that was being exhibited in the city. Like much of Badiucao’s work, the video sought to champion the right to freedom of expression and challenge authoritarianism.

Badiucao was one of more than a dozen artists featured in the three-minute video compilation put together by the Milan-based digital gallery, Art Innovation, on billboards during the Art Basel fair in Hong Kong last week. The 4-second clip, entitled “Here and Now”, showed Badiucao silently mouthing the words “you must take part in revolution” – the title of his newly-published graphic novel and a Mao Zedong quote. It was broadcast hourly between 28 March and 2 April.

On 1 April, Badiucao contacted several media organisations to let them know he would be publishing a statement about the artwork later that evening. Some of them then contacted Art Innovation for comment. Shortly thereafter, Badiucao received an email from the gallery warning him not to publish his statement. They told him that legal action would “definitely” follow if content “against the Chinese government is published”. The gallery later responded to media requests saying that the exhibition “had nothing to do with political messages”.

Badiucao went on to publish his statement. In it, he said: “This art action underscores the absurdity of Hong Kong’s current civil liberties and legal environment. And it would remind everyone that art is dead when it offers no meaning.” The exhibition was removed from the billboards the following morning, despite having been scheduled to be displayed until 3 April.

In a second email to Badiucao, Art Innovation said that his actions had already resulted in financial implications, as well as legal actions, “which will be directed against you”. They demanded that he immediately remove all posts from his personal social media accounts related to the exhibition and claimed that failure to comply could “result in further legal consequences”. They said their lawyers were already working to “initiate appropriate legal action” against him.

On 3 April, Art Innovation publicly accused Badiucao of having provided them with false information and of having violated the contract he signed by submitting political content. “[W]e can consider it a crime,” they wrote on social media. Badiucao said he had submitted the artwork under the pseudonym Andy Chou because the video clip was to be shown in Hong Kong, where the authorities had previously shut down his exhibition. He said he never concealed his identity from the gallery and that they knew that he was behind the artwork.

Art Innovation would also have been aware of the distinctly political nature of Badiucao’s artwork given that they first contacted him via social media, where he regularly shares his artwork with his more than 100k followers, in 2022. They invited him to collaborate on a billboard exhibition during Art Basel in Miami that year, to which he contributed a satirical image of Chinese president Xi Jinping.

“We are appalled at the behaviour of this Italian gallery, which claims to ‘love everything that is outside the rules’ and ‘love the freedom of artists’ and yet harasses and tries to silence an artist that stands for exactly those principles,” the undersigned organisations said. “Badiucao must be applauded for his efforts to creatively challenge censorship and authoritarianism in such a repressive regime. Art Innovation should immediately withdraw their legal threats, issue a public apology to Badiucao, and refrain from further harassment of the artist.”

Signed:

Index on Censorship

Alliance for Citizens Rights

Art for Human Rights

ARTICLE 19

Australian Cartoonists Association

Australia Hong Kong Link

Befria Hongkong

Blueprint for Free speech

Civil Liberties Union for Europe

Cartooning for Peace

Cartoonists Rights Network International

The Committee for Freedom in Hong Kong Foundation

DOX Centre for Contemporary Art

European Federation of Journalists

Foundation Atelier for Community Transformation ACT

Freemuse

Freedom Cartoonists

Freiheit für Hongkong

Hong Kong Committee in Norway

Hong Kong Forum, Los Angeles

Hong Kong Watch (HKW)

Hongkongers in Britain (HKB)

Hong Kongers in San Diego

Hong Kongers in San Francisco Bay Area

Human Rights in China (HRIC)

Human Rights Foundation (HRF)

Humanitarian China

IFEX

Lady Liberty Hong Kong

NGO DEI

NY4HK

Osservatorio Balcani Caucaso Transeuropa (OBCT)

Croatian Journalists’ Association (HND)

Trade Union of Croatian Journalists

PEN America

PEN International

Reporters Without Borders (RSF)

Richardson Institute – Lancaster University

The Rights Practice

Safeguard Defenders

StraLi for Strategic Litigation

Stand with Hong Kong EU

Toronto Association for Democracy in China 多倫多支聯會

Uyghur Human Rights Project (UHRP)

Washingtonians Supporting Hong Kong (DC4HK)

Notes:

  • The day after Badiucao published his statement, Hong Kong’s new chief of police warned that, despite Hong Kong’s return to stability following the 2019-20 protests, there continued to be “soft resistance” to the regime through arts and culture. He did not name Badiucao or Art Innovation specifically.
  • On 8 April, the South China Morning Post reported that Hong Kong’s Culture, Sports, and Tourism Bureau had confirmed that they had not requested the removal of the video.
  • The Security Bureau of the Hong Kong government had told South China Morning Post that: “[The] freedom of literary and artistic creation and other cultural activities are protected by law. As long as they do not violate the law, the above-mentioned freedoms will not be restricted.”

Football can’t escape the free speech debate

Following the controversy of the 2022 World Cup when organising body FIFA faced major criticism over the decision to hold one of the biggest sporting events on the planet in Qatar, a state with a terrible record on human rights, governing body UEFA have attempted to steer clear of any politics whatsoever at this summer’s European Championships.

This year’s competition – which is currently ongoing – has stressed a message of unity, togetherness and inclusion, with UEFA being determined to avoid the negative press garnered by FIFA two years ago by remaining tight-lipped on political issues.

However, no matter how hard you try, politics cannot be removed from football. A number of issues related to freedom of speech have given UEFA headaches during the tournament, showing that censorship can be experienced anywhere, even when you try to avoid it.

One of the most significant examples of free speech being curtailed at the Euro 2024 was the case of Kosovan journalist Arlind Sadiku, who was barred by UEFA from reporting on the remainder of the tournament after he aimed an Albanian eagle sign towards Serbia fans during a broadcast.

Kosovo, Sadiku’s home state, has a population made up of 93% ethnic Albanians and the countries have a strong connection. Serbia does not recognise the independence of Kosovo and there is a history of conflict between the two nations, with relations remaining tense since the end of the brutal Kosovo War in 1999. The eagle symbol made by Sadiku represents the one on Albania’s flag and was deemed by UEFA to be provocative.

Sadiku told the Guardian: “People don’t know how I was feeling in that moment because I have trauma from the war. My house was bombed in the middle of the night when I was a child.

“I know it was unprofessional from a journalist’s perspective, but seeing my family in that situation was traumatic for me and I can’t forget it.”

The conflict between Serbia and Kosovo has caused free speech issues in sport before. In 2021, a Kosovan boxing team was denied entry to Serbia for the AIBA Men’s World Boxing Championships. It was a similar story at the European Under-21 Table Tennis Championships in 2022, which were held in Belgrade, as Kosovo athletes were once again not permitted to participate by Serbian authorities.

Even in football this has been a long-standing issue. At the 2018 World Cup, Swiss duo Xherdan Shaqiri and Granit Xhaka were charged by FIFA for each making the eagle salute after scoring against Serbia for Switzerland. They were each fined £7,600 for their celebrations.

Granit Xhaka’s father spent more than three years as a political prisoner in Yugoslavia due to his support for Kosovan independence and Xherdan Shaqiri came to Switzerland as a refugee and couldn’t go back to visit his family due to the war. Such context was again not enough to mitigate the players’ actions according to FIFA.

Of course, there is an argument to be made that the symbol made by Sadiku, Shaqiri and Xhaka was incendiary and risked provoking aggravation among fans, which could potentially be a safety hazard. However, if those who have personally experienced persecution are then punished when making a peaceful protest, then there is surely no room for any dissent in sport at all.

Many of the other conversations around free speech at Euro 2024 have been centred around nations in the Balkans.

Jovan Surbatovic, general secretary of the Football Association of Serbia, suggested that the country may withdraw from the tournament completely due to hate chants he claimed were made by Croatia and Albania fans. Serbia themselves have been the subject of a number of complaints – they were charged by UEFA after supporters unveiled a banner with a “provocative message unfit for a sports event”, while the Kosovo Football Federation also lodged a complaint about their fans spreading “political, chauvinistic, and racist messages” declaring their supremacy to Kosovo. One Albanian player, Mirlind Daku, was banned for two games for joining in with fans’ anti-Serbia chants after their draw with Croatia.

When nations have such complex relationships and history outside of football it can easily spill out on the pitch. The heightened emotion and passion of sport makes for a compelling watch, but can also increase tensions between nations. In such a convoluted context it is sometimes difficult to know where to draw the line between the right to free speech and the protections against hate speech.

Global conflicts have thrown up more sticking points – when calls were made for Israel to be barred from competing at Euro 2024 due to their ongoing bombardment of Gaza – which has killed more than 37,000 Palestinians –  in response to the 7 October attacks by Hamas, UEFA refused. Niv Goldstein, chief executive of the Israel Football Association, told Sky News: “I am trusting Fifa not to involve politics in football. We are against involving politicians in football and being involved in political matters in the sport in general.”

This doesn’t quite match up with the fact that UEFA banned Russia from the competition soon after their invasion of Ukraine, demonstrating the difficulties in finding where to draw the line when attempting to regulate political speech and expression in football. UEFA were spared the headache of dealing with further protest at the tournament after Israel failed to qualify.

Similar issues were raised when German authorities ruled that only flags of participating teams would be allowed into stadiums, which was widely seen as an attempt to avoid potential conflict over Palestine and Israel flags being displayed, but which raised concerns that it would limit support for Ukraine. Blanket bans are often difficult to reconcile with the idea of free speech.

Football can’t ever be fully separated from politics. Just look at the case of Georgian MP Beka Davituliani, who weaponised the country’s shock victory against Portugal in his attempt to roll back on human rights, stating that the country needed defending from so-called LGBTQ+ propaganda like Giorgi Mamardashvili defended his goal. For the most part, fans and players have been able to express themselves freely, but we have a duty to highlight any issues when they arise – and unfortunately, at this summer’s tournament, they have.

Has Russian disinformation caused Europe’s lurch to the right?

While the outcome of the 2024 election is yet to be finalised, results at the time of writing show that Eurosceptic conservatives are on course to win an extra 14 seats (taking them to 83), while right-wing nationalists will gain nine seats (to 58). Overall, the right, including centre-right politicians of the European People’s Party grouping, has done well, largely at the expense of the liberal and green party groupings. With just five nations out of 27, including Italy and Estonia, remaining to publish their final results, the overall picture is unlikely to change dramatically.

The move to the far right is evident across Europe. France, which elects 81 members to the European Parliament (EP), was perhaps where this was most evident. Marine Le Pen’s far-right National Rally party is projected to receive around 31-32% of the vote, against President Macron’s centrist party, which is estimated to reach around 15% of the vote. Macron was so concerned about his party’s poor showing that he has called an election in the country. Belgium’s prime minister also handed in his resignation after the nationalist New Flemish Alliance emerged as the big winner after regional, national and European Parliament elections were held in the country on Super Sunday.

In Germany, Eurosceptic parties are projected to secure over 16% of the EP vote. The AfD tripled its support from voters under 24 from 5% in 2019 to 16% and gains six seats to reach 15. The Greens lost nine seats from 21 last time around. Austria’s far-right Freedom Party gained nearly 26% of the vote, gaining three seats, while in the Netherlands, Geert Wilders’s anti-immigration Party for Freedom gained six seats with 17% of the vote. A similar story played out in Poland, Spain, Greece, Bulgaria and Croatia.

But what is driving Europe’s veer to the right?

There is some evidence that the success of the far right comes from millennial and Gen Z voters shifting towards these parties. A third of French voters under 34 and 22% of young German voters favour their country’s far right, while in the Netherlands, the Party for Freedom has become the largest party among under-34s.

Young Europeans, mainly those aged 18-29, overwhelmingly rely on social media for daily news consumption. In Italy and Denmark, nearly three-quarters of young adults use social media for news daily (74% and 75%). A recent German youth study found that 57% of youth prefer social media for news and political updates.

There is growing concern that external actors, particularly from Russia, may have influenced the elections.

Media reports reveal that EU leaders were so concerned about foreign interference in the elections that they set up rapid alert teams to manage any serious incidents. Officials told the Guardian that disinformation has reached “tsunami levels.”

The evidence points to Russia.

Last December, France’s VIGINUM group, which is tasked with protecting France and its interests against foreign digital interference, published a report revealing a network of nearly 200 websites with addresses of the form pravda-xx.com or xx.news-pravda.com, where xx is the country identifier.

The sites, which generate little new content themselves, instead amplify existing pro-Russian content from state sources and social media, including posts from military blogger Mikhail Zvinchuk. Pro-Russian content relating to the Ukraine war is a particular favourite.

Thirty-four fact-checking organisations in Europe, showed that the Pravda network had spread to at least 19 EU countries. Fact-checking organisation Greece Fact Check, in cooperation with Pagella Politica and Facta news, has since noticed that the Pravda network has been attempting to convey large amounts of disinformation and pro-Russia propaganda to sway EU public opinion.

The organisation said that “minor pro-Russian politicians who run for the elections are quoted by state media such as Ria and then further amplified by the Pravda network, in what seems an attempt to magnify their relevance”.

A report by EDMO on EU-related disinformation ahead of the elections found that it was at its highest ever level in May 2024. Ministers for European affairs from France, Germany, and Poland cautioned about efforts to manipulate information and mislead voters. Across the EU, authorities observed a resurgence in coordinated operations spreading anti-EU and Ukraine narratives through fake news websites and on social media platforms Facebook and X.

Among the false stories that emerged and covered were reports that EU President Ursula Von der Leyen had links to Nazism and had been arrested in the European Parliament.

In Germany, there were stories circulating that the country’s vote was being manipulated, ballot papers with holes or corners cut were invalid and that anyone voting for the far-right party AfD would follow stricter rules. Other stories attempted to trick voters into multiple voting or signing their ballot papers, practices that would invalidate their votes.

The report also noted that around 4% of such disinformation articles have been created using AI tools.

The tsunami of disinformation looks unlikely to fade away any time soon. The Guardian says that the EU’s rapid alert teams have been asked to continue their work for weeks after the election.

A senior official told the paper, “The expectation is that it is around election day that we will see this interruption of narratives questioning the legitimacy of the European elections, and in the weeks around it.”

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What is the Index Index? The Index Index is a pilot project that uses innovative machine learning techniques to map the free expression landscape across the globe to gain a clearer country-by-country view of the state of free expression across academic, digital and...
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