Turkey’s deteriorating freedom of expression and media freedom

JOINT ORAL STATEMENT ON THE DETERIORATION OF FREEDOM OF EXPRESSION AND MEDIA FREEDOM IN TURKEY

UN Human Rights Council 34th Special Session

Item 4: Human rights situations that require the Council’s attention

15 March 2017

Mr President,

Index on Censorship, PEN International, ARTICLE 19 and 65 organisations are deeply concerned by the continuous deterioration of freedom of expression and media freedom in Turkey following the violent and contemptible coup attempt on 15 July 2016.

Over 180 news outlets have been shut down under laws passed by presidential decree following the imposition of a state of emergency.  There are now at least 148 writers, journalists and media workers in prison, including Ahmet Şık, Kadri Gürsel, Ahmet and Mehmet Altan, Ayşe Nazlı Ilıcak and İnan Kızılkaya, making Turkey the biggest jailer of journalists in the world.  The Turkish authorities are abusing the state of emergency by severely restricting fundamental rights and freedoms, stifling criticism and limiting the diversity of views and opinions available in the public sphere.   

Restrictions have reached new heights in the lead up to a crucial referendum on constitutional reforms, which would significantly increase executive powers, set for 16 April 2017. The Turkish authorities’ campaign has been marred by threats, arrests and prosecutions of those who have voiced criticism of the proposed amendments.  Several members of the opposition have been arrested on terror charges. Thousands of public employees, including hundreds of academics and opponents to the constitutional reforms, were dismissed in February. Outspoken “No” campaigners have been detained, adding to the overall climate of suspicion and fear. The rights to freedom of expression and information, essential to fair and free elections, are in jeopardy.

In the run-up to the referendum, the need for media pluralism is more important than ever.  Voters have the right to be duly informed and to be provided with comprehensive information on all views, including dissenting voices, in sufficient time. The prevailing atmosphere should be one of respect for human rights and fundamental freedoms. There should be no fear of reprisals.

We urge this Council, its members and observer states, to call on the Turkish authorities to:

  • Guarantee equal broadcasting time for all parties and allow for the dissemination of all information to the maximum extent possible in order to ensure that voters are fully informed;
  • Put an end to the climate of suspicion and fear by:
    • Immediately releasing all those held in prison for exercising their rights to freedom of opinion and expression;  
    • Ending the prosecutions and detention of journalists simply on the basis of the content of their journalism or alleged affiliations;
    • Halting executive interference with independent news organisations including in relation to editorial decisions, dismissals of journalists and editors, pressure and intimidation against critical news outlets and journalists;
    • Revoke the excessively broad provisions under the state of emergency, the application of which, in practice, are incompatible with Turkey’s human rights obligations.

Thank you Mr. President

ActiveWatch – Media Monitoring Agency

Adil Soz – International Foundation for Protection of Freedom of Speech

Albanian Media Institute

Americans for Democracy & Human Rights in Bahrain

ARTICLE 19

Association of European Journalists

Basque PEN

Brazilian Association for Investigative Journalism

Canadian Journalists for Free Expression

Cartoonists Rights Network International

Center for Independent Journalism – Hungary

Croatian PEN centre

Danish PEN

Digital Rights Foundation

English PEN

European Centre for Press and Media Freedom

European Federation of Journalists

Finnish PEN

Foro de Periodismo Argentino

German PEN

Global Editors Network

Gulf Centre for Human Rights

Human rights watch

Icelandic PEN

Independent Chinese PEN Center

Independent Journalism Center – Moldova

Index on Censorship

Institute for Media and Society

International Press Institute

International Publishers Association

Journaliste en danger

Media Foundation for West Africa

Media Institute of Southern Africa

Media Watch

MYMEDIA

Nigeria PEN Centre

Norwegian PEN

Pacific Islands News Association

Pakistan Press Foundation

Palestine PEN

PEN American Center

PEN Austria

PEN Canada

PEN Català

PEN Centre in Bosnia and Herzegovina

PEN Centre of German-Speaking Writers Abroad

PEN Eritrea in exile

PEN Esperanto

PEN Estonia

PEN France

PEN International

PEN Melbourne

PEN Myanmar

PEN Romania

PEN Suisse Romand

PEN Trieste

Portuguese PEN Centre

Punto24

Reporters Without Borders

Russian PEN Centre

San Miguel PEN

Serbian PEN Centre

Social Media Exchange – SMEX

South East Europe Media Organisation (SEEMO)

South East European Network for Professionalization of Media

Vigilance pour la Démocratie et l’État Civique

Wales PEN Cymru

World Association of Newspapers and News Publishers (WANIFRA)

Jacob Mchangama: Denmark’s revived blasphemy ban

[vc_row][vc_column][vc_column_text]Few people take religion less seriously than the Danes.

Only 19% consider religion to be an important factor in their day to day lives. While some 76% remain members of the state church, that figure is down from 83% in 2006, and more than 24,000 people left the institution last year. Church going remains popular at Christmas, weddings and baptisms, but many churches are almost empty on any given Sunday. Long gone are the days when criticising the doctrines of Lutheranism or the Lutheran state church would land you in prison (or on the scaffold). So it created quite a stir when in February a local prosecutor announced that a Danish man was being charged for violating Denmark’s blasphemy law, which has been dormant since 1971 and last resulted in a conviction in 1946. A move approved by Denmark’s chief prosecutor.

How was a dead letter such as the Danish blasphemy ban suddenly revived?

The first step was taken by the Danish Criminal Law Council, an expert body advising the Ministry of Justice. In 2015 it released a lengthy statement on the blasphemy ban arguing that the burning of holy books would still be punishable, despite the decades-long practice of emphasising the importance of free speech over religious feelings. However, suspiciously, the expert body omitted any reference to a case from 1997 in which a Danish artist burned the Bible on national television.

Back then a number of complaints from the public were dismissed by the chief prosecutor emphasising among other things the importance of freedom of expression. It is difficult to understand why this seemingly clear precedent was disregarded by the expert body. But it was this questionable interpretation that paved the way for bringing back from the dead a ban thought of as antiquated and incompatible with a secular liberal democracy by most Danes, and indeed by most Europeans, since only five EU-member states still have blasphemy bans on the books.

One of the reasons cited by the expert body for punishing the burning of holy books is the need to prevent religious extremists – at home and abroad – from instigating riots and violence as a result of having their religious feelings insulted. This is a deeply problematic argument in and of itself, but even more so in the context of Danish newspaper Jyllands-Posten having been the target of at least four foiled terrorist attacks since publishing cartoons of the prophet Muhammad in 2005, the murderous attack on Charlie Hebdo in 2015 and the killings of atheists and free thinkers in Bangladesh. A blasphemy ban indirectly legitimizes the Jihadist’s Veto, rather than confronting it. It is not punishable – nor should it be – to burn the Danish flag as has happened repeatedly in protests against the cartoons both in Denmark and abroad. No one would dream of arguing that it should be a crime to burn the Communist manifesto, Burke’s Reflection on the French Revolution, or Adam Smith’s The Wealth of Nations even though communists, conservatives and classical liberals might view these works as essential to their identities and deeply held beliefs. In all likelihood one of the most frequently burned book of the 20th century was Salman Rushdie’s Satanic Verses, which went up in flames all over the world as offended Muslims took to the streets. Offended Muslims were free to do so, while Rushdie had to spend years living underground.

While burning books is certainly a crude and primitive practice with deeply troublesome historical connotations, it is nonetheless a peaceful symbolic expression, that should be protected free speech, whether the content of the scorched paper is secular or religious. By solely protecting religious books against such desecration the Danish blasphemy ban not only violates free speech and equality before the law, it is also tantamount to victim blaming and a dereliction of duty on the part of a liberal society which in no uncertain terms should make clear to religious fundamentalists that they cannot hope to have democracies impose their religious red lines on the rest of society through threats, intimidation and violence.

This was a point made clear by both Norway and Iceland whose parliaments chose to abolish these countries’ respective blasphemy bans as a direct consequence of the attack against Charlie Hebdo.

It would be wrong however, to suggest that Denmark has succumbed to the will of Islamists in particular, rather than to a loss of faith in free speech in general. Last year Parliament adopted a bill prohibiting “religious teachings” that “expressly condone” certain punishable acts and allows the government to maintain a dynamic list of “hate preachers” barred from entering Denmark. These initiatives were the direct consequence of a documentary exposing radical imams in Danish mosques preaching that the punishment for adultery and apostasy is stoning. And the current government has also presented a bill that would criminalize the mere sharing of “terrorist propaganda” online and allow the police to block access to websites containing criminal material such as terrorist propaganda or racist content. These developments signal a marked shift in the Danish approach to free speech.

In the post-World War II era Denmark has with a few exceptions been a liberal democracy committed to the idea that freedom of expression was an essential tool in defeating extremism and totalitarian ideologies. But Denmark is turning towards a model of militant democracy where free speech is often seen as the problem rather than the solution, and as a hindrance rather than the foundation of social peace. The revival of the Danish blasphemy ban should therefore be seen in the wider context of a world where respect for freedom of expression is at its lowest level in 12 years, a development that has now affected even one of the global bastions and beacons of free speech.

Jacob Mchangama is director of Justicia, a Copenhagen think tank focusing on human rights and the rule of law[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1489139072253-6b7daeee-fe12-8″ taxonomies=”53″][/vc_column][/vc_row]

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Reporters working to share the truth are being harassed, intimidated and prosecuted – across the globe.

Index on Censorship is a nonprofit fighting against these corrosive attacks on press freedom.

Index documents threats to media freedom in Europe via a monitoring project and campaigns against laws that stifle journalists’ work.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][staff name=”Mapping Media Freedom” title=”Documenting threats to the press in Europe and neighbouring countries” profile_image=”85817″]Mapping Media Freedom – a major Index on Censorship project and a joint undertaking with the European Federation of Journalists, partially funded by the European Commission – covers 42 countries, including all EU member states, plus Bosnia, Iceland, Kosovo, Macedonia, Montenegro, Norway, Serbia, Turkey, Albania along with Ukraine, Belarus, Russia, and Azerbaijan. The platform was launched in May 2014 and has recorded over 3,900 incidents threatening media freedom.

“The precarious state of press freedom across the globe is underlined by the volume of verified incidents added to Mapping Media Freedom in 2017. The spectrum of threats is growing, the pressure on journalists increasing and the public right to transparent information is under assault. People who are simply trying to do their job are being targeted like never before. These trends do not bode well for 2018.” — Joy Hyvarinen, Index on Censorship head of advocacy[/staff][/vc_column][vc_column width=”1/3″][staff name=”Changes to the Official Secrets Act” title=”Proposals to update spy laws a threat to journalism” profile_image=”81191″]Proposed legislation that could see journalists and whistleblowers sentenced up to 14 years for leaking official documents has no place in a democracy. The proposals were drawn up by the Law Commission as part of a review of the Official Secrets Act and would cover any data that affects the UK’s national and international interests, including economic interests. The public’s right to know about the Brexit negotiations, for instance, could be put into jeopardy if these proposals were brought into force.

“It is unthinkable that whistle blowers and those to whom they reveal their information should face jail for leaking and receiving information that is in the public interest. It is shocking that so few organisations were consulted on these proposed changes.” — Jodie Ginsberg, CEO, Index on Censorship[/staff][/vc_column][vc_column width=”1/3″][staff name=”Section 40, Crime and Courts Act” title=”Section 40 would allow the corrupt to silence investigative journalists” profile_image=”85827″]Section 40 is part of the Crime and Courts Act 2013, which deals with a whole range of issues but also implemented some of the recommendations contained in the Leveson Report into phone hacking by newspapers. Index on Censorship strongly opposes the introduction of section 40.

Section 40 addresses the awarding of costs in a case where someone makes a legal claim against a publisher of “news-related material”. The provision means that any publisher who is not a member of an approved regulator at the time of the claim can be forced to pay both sides’ cost in a court case — even if they win.

“If such laws were introduced in another country, British politicians would be speaking out against such shocking media censorship.” — Rachael Jolley, editor, Index on Censorship magazine[/staff][/vc_column][/vc_row][vc_row equal_height=”yes” css=”.vc_custom_1474531377622{margin-right: -15px !important;margin-left: -15px !important;}”][vc_column width=”1/3″ el_class=”text_white” css=”.vc_custom_1487957370833{margin-right: 15px !important;margin-bottom: 15px !important;margin-left: 15px !important;background-color: #f21400 !important;}”][vc_column_text]

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Journalists in jeopardy: new report launches media freedom campaign

Freedom of expression campaign group Index on Censorship launches Media Freedom Month in March with the release of its annual report into media freedom in Europe. The report shows journalists face regular harassment, legal sanctions and even jail for doing their job – even in supposed democracies. Index’s Media Freedom Month aims to raise awareness of and funding for its work campaigning on press freedom.

“Right now, journalists and journalism are threatened from all directions: UK journalists who travel to the US are being told they need to hand over their mobile phone contacts and Facebook passwords. US journalists are being labelled as peddlers of ‘fake news’ over any articles the President dislikes and reporters across Europe face a host of laws that hamper their ability to work,” said Index chief executive Jodie Ginsberg.

Media Freedom Month will begin with the launch on Tuesday of the latest Mapping Media Freedom report on Europe and will end with an exclusive study of media freedom in the United States that goes well beyond the current focus on Donald Trump and his relationship with the press.

“A country without a free media is not a free country: Journalism provides a vital check on corruption and abuse of power and we must fight to protect it,” said Ginsberg.

Between 1 January and 31 December 2016, Mapping Media Freedom’s network of correspondents, partners and other journalists submitted a total of 1,387 verified threats to press freedom in 42 European countries.

“The precarious state of press freedom across the globe is underlined by the volume of verified incidents added to Mapping Media Freedom in 2016. The spectrum of threats is growing, the pressure on journalists increasing and the public right to transparent information is under assault. People who are simply trying to do their job are being targeted like never before. These trends do not bode well for 2017,” Hannah Machlin, Mapping Media Freedom project officer, said.

Some of the major themes in the data – and which journalists should be wary of in 2017 – include:

  • Violence from right-wing groups
  • Dangers faced when reporting on protests and demonstrations organised across the political spectrum
  • Impunity: Physical attacks on journalists not properly investigated; government officials intimidating reporters without fear of punishment
  • Difficulties reporting on refugees, including being denied access and violence
  • Silencing journalists by arresting them on ties to terrorist or extremist groups
  • Criminalised libel laws subjecting media outlets to high fines
  • Economic difficulties leading to the closure or restructuring media outlets and buyouts by wealthy businesspeople, often leading to job cuts and dismissals
  • State of emergency laws being used to detain journalists without charge
  • Death threats and smear campaigns disseminated online

The 2016 report is available in web and pdf format at https://mappingmediafreedom.org/plus/

For more information, please contact Hannah Machlin, Mapping Media Freedom project officer at [email protected]

About Mapping Media Freedom

Mapping Media Freedom – a major Index on Censorship project and a joint undertaking with the European Federation of Journalists and Reporters Without Borders, partially funded by the European Commission – covers 42 countries, including all EU member states, plus Bosnia, Iceland, Kosovo, Macedonia, Montenegro, Norway, Serbia, Turkey, Albania along with Ukraine, Belarus and Russia in (added in April 2015), and Azerbaijan (added in February 2016). The platform was launched in May 2014 and has recorded over 2,700 incidents threatening media freedom.

About Index on Censorship

Index on Censorship is a freedom of expression charity that campaigns against censorship and promotes free expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. It also has published some of the greatest campaigning writers from Vaclav Havel to Elif Shafak.