14 Sep 23 | News and features, United Kingdom, United States
Julian Assange’s fight against extradition to the USA is entering its final stages. Speaking to Index on Censorship, Assange’s wife Stella says that “this really is the endgame”.
Her concern that time is running out follows the June decision by British High Court judge Jonathan Swift that her husband’s case should not be allowed to go to appeal, a decision she calls extraordinary.
The USA has been seeking to extradite Assange, the founder of WikiLeaks, to face charges relating to the leaking of hundreds of thousands of documents to international media in 2010 and 2011 about the Afghanistan and Iraq wars, detainees in Guantanamo Bay and diplomatic cables. The documents had been sent to him by the US army whistleblower Chelsea Manning.
The story took a new twist when Assange, an Australian citizen, entered the Ecuadorian embassy in London in 2012 to avoid extradition to Sweden to face rape and sexual assault allegations. Ecuador’s then president Rafael Correa granted him asylum. The Swedish cases were eventually dropped. In 2019, Assange was evicted by the Ecuadorian government.
It has since been revealed that Assange was illegally monitored while in the embassy and that senior CIA officials in the Trump administration discussed options to kidnap and even assassinate Assange.
After Assange’s arrest on leaving the embassy, purportedly for breaching his bail conditions, the US government began extradition proceedings.
In January 2021, district judge Vanessa Baraitser ruled against his extradition on the grounds that “the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America,” a decision that the US government appealed. That December 2021, the High Court ruled that Assange could be extradited after US authorities made assurances over how he would be treated in prison. In June 2022, the UK’s then home secretary Priti Patel approved the extradition.
Assange appealed to the High Court but Swift turned down the appeals saying it was “no more than an attempt to re-run the extensive arguments made to and rejected by the district judge”.
“Julian has only one option left now which is to ask two Court of Appeal judges to reconsider Swift’s decision,” said Stella Assange. “The good news, if you can call it that, is that this time the decision will not be issued behind closed doors. There will be a public hearing. If the two judges affirm Swift’s position, Julian will not be able to go to the Supreme Court. It will be the end of the road in the UK.”
The date of the public hearing is likely to be announced this week.
With time running out, Assange’s supporters have launched the Day X campaign to encourage supporters to protest at the hearing.
“On Day X, I am asking everyone who can to come to the High Court to support not only Julian but also press freedom and the public’s right to receive truthful information, which are being trampled on,” said Stella Assange.
If he is extradited, Assange faces charges under the Espionage Act, for which there is no public interest defence.
“The outcome is a foregone conclusion, particularly as the US has already argued before the British extradition judge that Julian will not ‘enjoy’ Constitutional protections for free speech under the First Amendment because he is not a US citizen and he was not in the US at the time of the receipt and publication of the information,” said Stella Assange.
Meanwhile, the Australian government is ramping up its efforts to get the US government to drop the extradition request. The current Australian government opposes his imprisonment, often citing the four and a half years he has been imprisoned to date without conviction. This week, it was revealed that 63 members of Australia’s House of Representatives and Senate had called on the US government to drop the extradition request. In a letter of support, the politicians said they were “resolutely of the view that the prosecution and incarceration of the Australian citizen Julian Assange must end”.
“Other Australian lawmakers cite the fact that he is accused of nothing other than acts of press freedom that are being recast as crimes (receiving, possessing and communicating information to the public). They also highlight that the source of said information, Chelsea Manning, is free whereas the publisher, Julian, remains imprisoned. There is a disconnect that sits very badly with the Australian temperament, where fairness matters a great deal,” said Stella Assange.
The US Ambassador to Australia Caroline Kennedy has made comments on Assange’s case which have led to speculation that there may be scope for a plea deal. If so, this would be announced when the country’s Prime Minister Anthony Albanese makes an official visit to the USA in late October. Some are suggesting that the comments may have been made to placate the Australian public, who are strongly supportive of the campaign to drop the extradition request.
“No offer has been made by the United States. Julian has won awards for his extraordinary contribution to journalism so if the United States government considers journalism to be a crime then he is guilty and has many more press and integrity awards to show it,” said Stella Assange.
With the US elections on the horizon, the window of opportunity is closing for Julian Assange and his supporters
“Under Biden, under the guise of continuing an initiated indictment, the administration has reached a new catastrophic low by creating a new normal by failing to undo the political prosecution of the previous administration and keeping a journalist imprisoned for years and years. Julian’s role in exposing corrupt and illegal practices committed by his jailers has lowered the bar for political prosecutions targeting the press the world over. There simply is no moral high ground anymore,” said Stella Assange.
She argues that her husband’s situation is used as justification by authoritarian regimes that imprison journalists.
“It is undeniable that the intrinsics of Julian’s case are so shocking it is something one would expect from the worst dictatorships. A thin patina of ‘process’ cannot obscure the fact that he is facing 175 years for groundbreaking journalism, that the only agencies who will decide on the conditions and degree of isolation that he will be held in if he is sent to a US prison, pre- and post-trial, are the same agencies that were elaborating plans to kill him while he had political asylum at the embassy, that is to say, the CIA,“ she said.
Despite the road rapidly running out, Stella Assange still feels that her husband can avoid extradition. She said:
“The fact that this is a political case gives me hope that individual agency, on the streets, through press freedom groups and those who have the ear and the conscience of those in power, will come together to end this. Julian needs to come home and all that needs to happen is for people to individually and collectively live up to our principles. A society cannot be free, open and democratic without a free press, and press freedom is incompatible with imprisoning Julian Assange.”
21 Jul 23 | News and features, Opinion, Ruth's blog, Spain
Threats to freedom of speech can come from a variety of places. Sometimes it is tyrants seeking to crush dissent. But it can also come from well-meaning attempts to improve society, that come with unintended consequences. The European Union is currently discussing ways of regulating online political advertising and is in danger of creating mechanisms which will have a chilling effect on freedom of speech.
So as Spain assumes the rotating presidency of the EU, now is the time to take stock, reflect on debates so far and recommit the European Union as an ally of freedom of expression. I’ve written to the Prime Minister of Spain urging a rethink.
Dear Senor Sanchez,
With Spain having assumed the Presidency of the Council of the European Union, it is an opportune moment for the European Union to reflect on the draft Political Advertising regulations.
Index on Censorship has raised a series of concerns about the impact that the proposals will have on free speech and the power that it places in the hands of tech companies to arbitrate on what is and what isn’t legitimate free expression.
We know that countering disinformation and bringing transparency to political processes is good for democracy. We support that activity around the world where dissidents are using their voice to stand up against totalitarian regimes.
Unfortunately, the draft proposals which are currently being considered in trialogue have the potential to have a chilling effect on free speech across the European Union.
We have welcomed the recognition by the European Union that any new rules governing political advertising in the digital sphere should only apply to content promoted through paid-for political advertising services.
The original “catch-all” proposals would have wrongly sought to impose restrictions on journalists, individual citizens expressing their own point of view and/or civil society campaigns seeking to promote a cause or policy.
It would have seen unacceptable interference into free speech and free expression with the work of journalists, reporting on elections or referendums, subject to state-determined censorship administered by algorithms within big tech corporations.
Imagine if, in your own upcoming general election, a citizen wishing to express how they intend to vote via their own social media had to be regulated? It would reduce the citizen’s right to speak their mind.
However, while some advancement has been made on the scope of the proposals, we still have serious concerns about the processes for flagging content, how that should be regulated and how the proposals will safeguard against bad faith actors.
Platforms are risk adverse and when faced with new rules requiring them to consider concerns raised about content or face fines themselves, bad faith actors will overwhelm those systems and subsequently content will be removed while it is assessed.
Misuse and these unintended consequences will be the tools of censorship for those seeking to silence dissent and close down campaigns and campaigners they disagree with.
As you assess your priorities for the Spanish Presidency of the Council of the European Union, I would urge you to be an ally for freedom of expression.
Yours sincerely
Ruth Anderson
02 Mar 23 | News and features, Statements, Sweden, United Kingdom
In January 2023, Swedish business and finance publication Realtid confirmed that they had reached a settlement with businessman Svante Kumlin over a legal action Kumlin had taken as a result of articles published in late 2020. Under the terms of the settlement, while Kumlin will pay part of Realtid’s legal fees, Realtid is obliged to share a clarification and apology on its website on three of its articles about Kumlin and his company Eco Energy World (EEW).
The settlement comes more than two years after the legal action against Realtid and their journalists was initiated, and seven months after a judge ruled that the courts of England and Wales did not have jurisdiction over ten of the thirteen defamation claims EEW and Kumlin had initially brought.
Dozens of human rights and media freedom organisations had repeatedly expressed solidarity with Realtid due to the case having been deemed a strategic lawsuit against public participation (SLAPP) from the outset. SLAPPs seek to put pressure on public watchdogs by draining them of time, money, and energy in a bid to silence them.
“Overall, we welcome the fact that Realtid’s SLAPP has come to an end and that their articles will remain online in an unamended format,” the organisations said. “Nonetheless, Realtid and their journalists have paid dearly to defend their public interest reporting, not only financially, but in time and energy also. They will never be made whole.”
“We believe that, once again, this case emphasises the urgent need for concrete action to be taken, including the enactment of robust anti-SLAPP legislation in the UK. It is difficult to imagine a case like this getting this far if more robust protections were in place,” the organisations said. “We need to ensure that public watchdogs are empowered to carry out their work, which is so crucial to our democracy.”
Signed:
Index on Censorship
RSF Sweden
Justice for Journalists Foundation
ARTICLE 19
Blueprint for Free Speech
Society of Authors
National Union of Journalists
The Daphne Caruana Galizia Foundation
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Global Witness
Free Press Unlimited (FPU)
Organized Crime and Corruption Reporting Project (OCCRP)
Media Law Resource Center
Xnet, Spain
Spotlight on Corruption
European Federation of Journalists (EFJ)
Association Justice and Environment, z.s.
Swedish Union of Journalists
PEN International
English PEN
16 Nov 22 | BannedByBeijing, China, News and features
Twenty-three years after writing his best known work, Red Star Over China, Edgar Snow returned to China in 1960 to investigate claims that a radical agrarian reform programme had resulted in devastating famine. “I diligently searched, without success, for starving people or beggars to photograph … I do not believe there is famine in China,” Snow wrote.
Snow was wrong. The famine in China was both real and devastating. It is estimated as many as 30 million died in it. Snow’s bias lens had ghostly echoes with Walter Duranty’s reporting from Ukraine, during the Holodomor, the mass famines engineered by Stalin. Only when faced with overwhelming evidence did he eventually concede that the genocide occurred, “to put it brutally – you can’t make an omelette without breaking a few eggs” he said.
In information vacuums, common during times of conflict such as the civil conflict in Syria, as well as in areas controlled by authoritarian regimes, reporting from independent journalists can quickly define or redefine the public’s perception of a regime or situation. While journalists can play a powerful role in challenging censorship and propaganda from the state, they can also act as the state’s servants. Such was the case for both Snow and Duranty, whose rose-tinted views of the countries impacted global perceptions. Herein lies the point – those who claim to be independent reporters can be incredibly useful to the state, sometimes more so than those working within state media, because the notion that they are independent carries with it a level of authority and weight.
The use of “junket journalism” to obscure reporting on crimes against humanity has only grown in prominence and sophistication. Nowhere has this been more evident than in China where the government has co-opted a range of journalists and social media influencers to help strengthen the CCP’s control over its narrative and obscure legitimate scrutiny of a number of important issues, most notably the genocide of the Uyghur population. Recent party documents and officials have emphasised the need to bolster the CCP political line, and inject positivity into the CCP and China’s image. Current President Xi Jinping said, “Wherever the readers are, wherever the viewers are, that is where propaganda reports must extend their new tentacles”.
A recent International Federation of Journalists (IFJ) survey confirmed that “China is conducting a media outreach campaign in almost every continent” with the 31 developed and 27 developing countries that participated in the survey similarly targeted. The researchers told the Guardian, “China is also wooing journalists from around the world with all-expenses-paid tours and, perhaps most ambitiously of all, free graduate degrees in communication, training scores of foreign reporters each year to ‘tell China’s story well’”.
While many other countries, including established democracies, have sought to influence and shape independent reporting through tours, capacity building opportunities and other tactics, the CCP’s overt prioritisation of journalism that “depends upon a narrative discipline that precludes all but the party-approved version of events” raises significant concerns as to its intentions.
In this effort to shape global news, the CCP is advantaged by its huge pockets. It has spent around $6.6 billion since 2009 on strengthening its global media presence, supposedly investing over $2.8 billion alone in media and adverts. Sarah Cook, NED reporter and researcher, emphasised that “no country is immune”.
This ambition is best summarised by the Belt and Road News Network (BRNN), which includes 182 media organisations from 86 countries as members, and a Council, which includes 26 countries, including Spain, France, Russia, Netherlands and the UK. The launch of the BRNN was announced in a paid advertorial in The Telegraph produced by People’s Daily. In September 2019, BRNN hosted a workshop for international journalists in Beijing as part of the 70th anniversary celebrations of the People’s Republic of China, which was organised in partnership with the State Council Information Office of China. It included a visit to the offices of People’s Daily, Xinhua News Agency and other “central media units”, as well as trips to “Shaanxi, Zhejiang, Guizhou and Guangdong provinces for interviews and researches in order to personally experience China’s unremitting efforts and fruitful results in poverty alleviation, ecological civilization, big data industry, urban planning, and independent intellectual property rights.”
While the workshop was attended by representatives from 46 mainstream media outlets from 26 Latin American and African countries, it would be overly simplistic to suggest that China is only focusing on countries from the global south. Since 2009, the China-United States Exchange Foundation (CUSEF) has taken 127 US journalists from 40 US outlets to China. This foundation has been identified as working with China’s United Front as highlighted by US Senator Ted Cruz, in a letter to the President of the University of Texas at Austin, who stated that “[t]oday, CUSEF and the united front are the external face of the CCP’s internal authoritarianism”.
The IFJ report notes that “the Chinese Embassy has sought out journalists working for Islamic media, organising special media trips to showcase Xinjiang as a travel destination and an economic success story.” Xinjiang and the treatment of Uyghur communities is a prominent area in which the CCP has focused its efforts. After a visit to Xinjiang, Harald Brüning, author and director of the Macau Post Daily, stated that “the anti-China forces’ allegations of genocide are preposterous judging by what the Macao journalists, most of whom had not visited the region before, saw and heard in Xinjiang.” In his piece, Brüning did not disguise the genesis of his trip, exclaiming in the third paragraph “[t]he extraordinarily well-organised tour took place at the invitation of the Office of the Commissioner of the Foreign Ministry of the People’s Republic of China in the Macao Special Administrative Region.” The piece is heavily framed around rebutting existing reporting – labelled in the piece as lies – including the use of forced labour in the cotton fields of Xinjiang, as well as decrying the “brutality the religious extremists and separatists [have] resorted to”.
However an all-expenses paid junket does not guarantee full control of a journalist’s coverage. Olsi Jazexhi (below), a Muslim Canadian-Albanian journalist and historian sought a way to travel to Xinjiang because he was sceptical of the dominant narrative in the West that Muslims were being oppressed in China. He approached the Chinese embassy in Albania who invited him on a trip to Xinjiang with other “China-friendly journalists”. Once in Xinjiang, Jazexhi was shocked by the detainees’ testimonies of having been jailed for simple expressions of their religious identity, such as reading the Quran or encouraging others to pray. In Urumqi, he was lectured by state officials who equated Islam with terrorism and was shocked by the number of empty mosques or those repurposed into stores.
Olsi Jazexhi (right) listens to a handler during a tour of a mosque in Aksu city, Xinjiang in August 2019. Photo: Provided by Olsi Jazexhi
Other journalists who have tried to move away from the organised tours have faced a number of difficulties. When journalists have attempted to film camps that the government has not previously cleared for access, they have been turned away by local authorities. Road works or car crashes suddenly block their way and when the journalists attempt to return the next day, the roadworks suddenly reappear again. Members of a Reuters crew reported being tailed by a rotating cast of plain-clothed minders and “within an hour of the reporters leaving their hotel in the city of Kashgar through a back gate, barbed wire was erected across the exit and fire escapes on their floor were locked.”
While influencing journalists can sometimes be difficult, the expansion of blogging and social media influencing has opened up another avenue for state intervention. Travel vloggers who visit authoritarian countries say they just want to educate their viewers and avoid politics. Irish travel vlogger Janet Newenham told Al Jazeera after a controversial visit to Syria that “every country deserves to be shown in a different way and in a positive light even if most stuff about there has always been negative”. However, what can seem innocuous can take on more explicit political implications. “A lot of these vloggers are saying they’re apolitical in this and I’m sure that they are but the issue is, when you’re entering a conflict zone, your direct presence there becomes political,” researcher and adjunct professor, Sophie Kathyrn Fullerton told Al Jazeera.
A similar trend is increasingly evident in China. “I’m here because lots of people, right now, outside of China, want to know what Xinjiang is like,” says British vlogger, The China Traveller, at the start of a video, which focuses on him sampling a variety of local food while Uyghur women appeared to spontaneously dance behind him. Videos of this genre can be seen as part of what has been labelled the CCP’s project to “Disneyfy” Xinjiang. Uyghur culture has been co-opted by the state and amplified as a tourist attraction to change the narrative and drown out reports of genocide against the Uyghur community. In another video, The China Traveller praises the central government for rebuilding sections of the city, while failing to address the government’s other influence on the Xinjiang skyline: the mass demolition of religious institutions.
While Chinese culture is celebrated by The China Traveller and other vloggers in Xinjiang, French photographer Andrew Wack had a different experience when he returned to the region in 2019. Speaking to Wired a year after his trip, Wack commented on the stark absence of “men aged 20 to 60, many of whom had likely been rounded up and herded into indoctrination camps”. Throughout his visit, he was followed by plain-clothes police officers “and at checkpoints he was sometimes asked to show his photographs. On one occasion, he was asked to delete images”.
Many vloggers and journalists obscure any coordination or funding from Chinese bodies, or underplay how it may affect their coverage. Lee Barrett, a British vlogger, states in a video, “we go on some sponsored trips to places … our accommodation is paid for, our travel is paid for … nobody tells us what to say, nobody tells us what to film”. Due to the opaque nature of these relationships, it is impossible to interrogate the influence this type of support has on the vloggers’ reporting. However at times this veil is lifted. In a number of popular videos, minders sent by the Chinese state to monitor another vloggers’ trip can be clearly seen monitoring their behaviour.
When the BBC’s lead China reporter, John Sudworth, was invited into Xinjiang’s ‘re-education’ camps, he was presented with a highly choreographed and Disneyfied presentation of Xinjiang culture, which apparently even moved the Chinese officials accompanying the BBC crew to tears. However, Sudworth’s commitment to “peer beneath the official messaging and hold it up to as much scrutiny as we could” led him to scrutinise everything, including scraps of graffiti written in Uyghur and Chinese. This approach has had lasting consequences; he now reports on China from abroad, having had his visa revoked.
In modern day China, independent reporting from foreigners is one of the few avenues left in order to scrutinise power beyond the dominant state narrative. However, through the funding and coordination of junkets, training opportunities and other tactics, the Chinese state has followed in the footsteps of Assad’s Syria to try and control the message these foreigners send out into the world. This turns the principles of journalism against itself and manipulates the free expression environment in favour of the state.
Edgar Snow remains venerated in China. In 2021, the Foreign Ministry spokesperson Hua Chunying proclaimed on Twitter: “China hopes to see and welcome more Edgar Snows of this new era among foreign journalists”. John Sudworth provides a powerful counterweight, reminding us that we must “peer beneath the official messaging and hold it up to as much scrutiny as we could”.
- The authors approached The China Traveller and Lee Barrett for comment for this article. No response had been received by the time of going to press.
