Is jail time for Just Stop Oil protesters justified?

Today two young British activists, Phoebe Plummer and Anna Holland, have been sentenced to prison after being found guilty of criminal damage following a stunt at London’s National Gallery. The pair, part of Just Stop Oil (JSO), famously threw Heinz tomato soup at Vincent Van Gogh’s Sunflowers back in October 2022. At Southwark Crown Court, Judge Christopher Hehir sentenced Plummer to two years in prison while Holland was jailed for 20 months. Judge Hehir said the pair “couldn’t have cared less” if the painting had been damaged. But please note no person or painting was harmed in the making of this protest. The iconic painting’s frame, however, was (hence the charges). Should they be punished for the damage caused? Perhaps. But surely a simple fine, a suspended sentence, or community service would do? Jail time (and quite significant jail time at that) is problematic to say the least and follows a pattern of climate protesters being punished harshly in a way that makes it harder for others to join their cause and chorus.

Under the last government a series of legislation was introduced (the Policing, Crime, Sentencing and Courts Act 2022, the Public Order Act 2023 and Serious Disruption Prevention Orders), each with the aim of restricting peoples’ right to protest and increasing the punishment for those who fall foul of the new laws. Their scale was evidenced earlier this summer when other JSO protesters were sentenced to four and five years’ imprisonment respectively for planning protests on the M25. Commenting at the time of the sentences Michel Forst, the UN’s special rapporteur on environmental defenders, said they should “put all of us on high alert on the state of civic rights and freedoms in the United Kingdom.”

It’s not just in the UK that the rights of non-violent protesters are being threatened. As Mackenzie Argent reports for Index here, it’s happening throughout Europe, Australia and North America. And while Argent’s article argues that it’s most pronounced in the UK, if the current Italian government gets its way the UK won’t be the worst for long. There, a new security bill proposes outlawing hunger strikes, one of the most powerful forms of protest open to a political prisoner, amongst other measures. All of the countries cited above claim to be democracies and yet these actions make the label look more decorative than substantive. It’s the same story in Israel. Last weekend soldiers marched into the Al Jazeera office in Ramallah, confiscated equipment and closed it for an initial 45 days. Israel’s military said a legal opinion and intelligence assessment determined the offices were being used “to incite terror” and “support terrorist activities”, and that the Qatari-owned channel’s broadcasts endanger Israel’s security. The Israel Defense Forces (IDF) has been pressed on these points by organisations like the Committee to Protect Journalists (CPJ) but has not responded (and indeed when the IDF has made similar accusations in the past, it has provided little evidence to hold them up to scrutiny. See the BBC report here for example). So it simply looks like another attack on media freedom, a way to silence an outlet that can (and should) report to the world what is happening in the West Bank.

People need to be able to protest and they need to be able to report the news. When these two essential pillars are shut down in countries like the UK, the USA, Israel and Italy, the dividing line between democracies and autocracies becomes thinner and the former’s ability to call out the latter on their human rights violations becomes weaker.

ODEE and Fishrot: Index signs letter in support of artistic freedom

We are writing to bring attention to the case of the visual and performance artist and master’s student, ODEE, who is being sued for damages (including legal fees likely upwards of £500,000) in the High Court in London on the 25 and 26 September 2024. The  lawsuit has been brought against ODEE by Samherji, one of Europe’s largest fishing companies based in Iceland, for the unauthorised use of its website and brand.  

ODEE’s art piece centres around the concept of corporate responsibility through a fictional apology – via a website he created and a mural at the Reykjavík Art Gallery – for the alleged corruption committed by Samherji to secure fishing quotas in Namibia revealed in 2019 by the whistleblower, Jóhannes Stefansson, and which quickly became known as the #Fishrot Scandal.  

Samherji has exercised its rights to challenge ODEE by issuing an interim injunction to require him to take down the website with the spoof apology, and he did so in May 2023.  The court will need to decide whether to vary or discharge the injunction, and whether the artist should be liable for Samerjhi’s legal costs and alleged damages. However, the question remains as to whether such action is proportionate, or an attempt to  silence those who speak out against corruption. 

The alleged corruption is currently the focus of a high-profile trial in Namibia in which 10 suspects have been charged including the former Ministers of Justice and Fisheries – the majority of whom have been held in custody since 2019, and who may face even longer jail terms if convicted. Investigations into Samherji’s activities are continuing in Iceland.

Ensuring that whistleblowers can disclose information about wrongdoing in the public interest is vital for democratic accountability – so that proper investigations can occur, and those responsible are held to account. Protecting whistleblowers safeguards the  public’s right to know, an essential element of the right to freedom of expression. 

Artistic freedom of expression – through film, theatre, literature, painting and conceptual art, among many other media – is also vital to a healthy democracy and to public discourse and the development of ideas. Artistic expression allows individuals, communities and societies to consider and examine moral and ethical choices, as well as how power works and affects us, whether it is political, social or economic.

Freedom of expression links whistleblowers and artists – individuals must be protected from the powerful who wish to stop them speaking up. Jóhannes Stefansson and ODEE deserve our support. In today’s world, where we face existential challenges to protect  our natural resources, environment and climate systems, we can ill afford to let these voices be silenced. 

We, the undersigned, therefore, urge Samherji to drop its disproportionate case against the artist, ODEE. 

SIGNED BY: 

African Centre for Media & Information Literacy (Nigeria) 

Artistic Freedom Initiative (International) 

Blueprint for Free Speech (International)  

Daphne Caruana Galizia Foundation (Malta) 

Disruption Network Lab e.V. (Germany) 

Centre for Free Expression (Canada) 

Civil Liberties Union for Europe 

Citizens Network Watchdog Poland 

Climate Whistleblowers (France) 

GlobaLeaks (Italy) 

Government Accountability Project (USA) 

Index on Censorship (UK) 

Institute for Public Policy Research (Namibia) 

Justice and Environment (EU) 

Oživení (Czech Republic) 

Pištaljka (Serbia) 

Platform to Protect Whistleblowers in Africa (PPLAAF) 

Pro Publico (International) 

Protect (UK) 

Shadow World Investigations (UK) 

Spotlight on Corruption (UK) 

The Whistleblower House (South Africa) 

Transparency International Ireland 

Transparency International Italy 

Whistleblowers-Netzwerk e.V. (Germany) 

Whistleblower Chile 

Whistleblowing International Network 

* Protect is a registered Charity in England and Wales No.1025557 

** WIN is a Scottish Charitable Incorporated Organisation No. SC048595

Report pinpoints role of likely Russian troll networks in European election disinformation

A network of accounts flooded social media with disinformation in the run-up to the European Parliamentary elections a new report has found.

The report was commissioned by the Social Democrats in the European Parliament (S&D) grouping together with the Dutch delegation GroenLinks-PvdA and produced by disinformation specialisists Trollrensics.

It reveals that organised networks of thousands of accounts, which the researchers believe are of likely Russian origin, actively influenced public opinion on X in France and Germany during the elections while voters in the Netherlands, Italy and the English-speaking public were also affected by the troll networks

Trollrensics’ data analysis showed that at least 20% of all tweets about the French far-right politician Zemour came from this troll network, for example. However, the research company estimated the actual percentage is significantly higher as the networks manipulated the X algorithm to amplify specific themes.

The research also found that German political party AfD received a huge boost thanks to the troll army. At least 10.7% of the tweets about the AfD came from the disinformation network.

The network focused mainly on spreading pro-Russian propaganda, messages about anti-vaxxers with anti-vaccination narratives and anti-LGBTIQ+ messages.

Thijs Reuten, an MEP for the S&D, said, “We commissioned this independent study as we were curious about the extent of online foreign interference and how measurable it is – especially because this sometimes seems so hard to ascertain. This study has shown that significant influence took place during the European elections. Troll armies managed to make topics trend and at the same time make certain news reports less visible.”

Reuten added, “This clearly shows our democracy is vulnerable and that foreign powers are willing to spend a lot of money and effort to sow division in our population. We need to defend ourselves better against such organised attempts of foreign interference. I expect the European Commission and the intelligence services to be on top of this. Our open society is in danger if troll armies are able to manipulate social media and, therefore, the public debate”.

The report confirms concerns from European groups that large-scale troll networks from Russia were attempting to influence the outcome of the elections.

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.”