How censorship wins

Januskevic Publishing House opened for business in Belarus in 2014 with the aim of publishing history books. The initial euphoria of launching a business passed very quickly.

At first, issues related to the publishing industry more broadly. It became clear that you can’t live in Belarus only publishing history books – diversification of production was required. So we diversified into e-books and then to the publication of fiction, translations from foreign languages and children’s books. We did have some good years. Between 2017 and 2022 we developed quickly. We even founded our own online bookshop. Our mission always was to make books that are interesting to the reader. We had a broad slogan: We make books that you want to read.

But after the re-election of long-time Belarus president Alyaksandr Lukashenka in 2020 and his subsequent violet crackdown on protests, and after Russia’s invasion of Ukraine in 2022, the troubles started. In literally three days we were kicked out of the office that had served us as a showroom and a pickup point for books. We were left without a home.

We soon managed to open a fully-fledged bookshop that would serve us as an office at the same time. Except the expulsion from our original office was not some spontaneous decision. It was a deliberate signal. On the day of the opening of the Knihauka bookshop on 16 May 2022, propagandists from state mass media outlets and officers from HUBAZiK (Main Directorate for Combating Organized Crime and Corruption) turned up. The HUBAZiK said that extremist literature was being sold in our bookshop and, with a prosecutor`s approval, they checked all the books in the shop and seized 15 items. Why these specific ones? I’m not entirely sure, although there was a certain theme through them. They were all by Belarusian authors, all history or nonfiction and some children’s books, like Iosif Brodsky’s book The Ballad of the Tugboat.

In an even worse twist bookshop employee Nasta Karnatskaya and I were arrested. I spent 28 days in jail – three terms for three court rulings – and Nasta spent 23 days in jail. This is the only case where somebody was apprehended and imprisoned for distributing books.

While it was challenging before, the radicalisation of the government’s actions against culture, and against the publishing business in particular, gained speed after Russia’s attack on Ukraine

After being released, I realised that the publishing house could no longer work as it had. There was the external pressure that manifested itself in these arrests, as well as other pressures: literally the day after the closing of the bookshop, for the first time in Belarus’ history, the celebrated fiction book The Dogs of Europe by Alhierd Bacharevič, which was published by us and turned into a play staged throughout the world, was deemed “extremist material”. This was a very bad sign. We were moving towards a point where the publishing house itself could be recognised as extremist. I knew then that it was dangerous to stay in Belarus. It was becoming too dangerous to make books. And so we left Belarus and opened up shop in Poland.

It was definitely the right decision. Our publishing license was revoked from us in early January 2023. This was carried out by a court for the first time in Belarus` history according to the provisions of the Law of the Republic of Belarus On Publishing, with the reason given that we had systematically published literature which later was included in the list of extremist materials. To date, four books by our publishing house have been recognised as extremist.

The treatment we received was part of a systemic attack against the independent publishing sector in Belarus. It was not only us who were targeted. Other Belarusian publishing houses were and are victims. Haliyafy, for example, was forced to initiate bankruptcy proceedings. Knihazbor, despite its attempt to remain on its feet and resume its activities, was also forced to close. Today it’s impossible to work freely and to define one’s own publishing policy in Belarus.

In January 2023, we were stripped of our publishing licence. Since then, we have been not allowed to publish books in Belarus.

Following this, on 20 January I set up a fully-fledged publishing house functioning as a Polish legal entity. Since then we have published more than 20 books in Belarusian and we mail books to Belarus. You could argue that our forced relocation from Belarus to Poland has been successful.

But while I still have a licence to distribute books in Belarus and I could sell those I published earlier, almost no one takes them for sale because I have a black mark. These are the consequences of total fear in a society.

Of those publishers who left Belarus, no others continue publishing. They’re now engaged in other businesses: some have switched to writing, for example.

New publishing houses have appeared in Belarus and are managed by new people. Those who remain in Belarus are not publishing books with any strong social implications. I see that when something appears it is “neutral” literature or aimed at children. Those who suffered repression have left their businesses because there are simply no opportunities for their activities in Belarus. Either you have to work in line with the government policy, or you just don’t work.

While it was challenging before, the radicalisation of the government’s actions against culture, and against the publishing business in particular, gained speed after Russia’s attack on Ukraine. Now all kinds of barriers have disappeared for Belarus authorities in the last year – they simply do what they want.

As for wholesale deliveries of foreign publishing houses to networks of booksellers in Belarus, there have been none at all from anywhere except Russia.

Indeed, since February 2022 Belarus has become part of the “Russian World”, a part of the cultural policy which turns Belarus into a Western province of Russia. The prospects for the development of Belarusian culture, the Belarusian language and the Belarusian book industry under Lukashenka are very grim. It will be an imitation, paint-by-numbers culture based on folklore and ethnography. Nothing more, I’m afraid.

A first English translation of a new short story, “Punitive Squad”, by Alhierd Bacharevič, is published in the winter edition of Index on Censorship. This article first appeared in The Bookseller.

From the Danube to the Baltic Sea, Germany takes an authoritarian turn

Since the Hamas’ 7 October terrorist attacks and the subsequent Israeli assault on Gaza, German authorities are using increasingly illiberal measures to curtail pro-Palestine activism. Under the guise of combatting Israel-related antisemitism, civic space for freedom of expression and assembly is shrinking.

The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists.

Stigmatisation of pro-Palestine activism

In her speech celebrating the 60th anniversary of the foundation of Israel in 2008, former chancellor Angela Merkel referred to the historical responsibility of Germany for the Shoah, including the security of Israel, as part of Germany’s “Staatsräson” (reason for existence). As Hamas has never credibly renounced its goal of destroying Israel, many German policymakers instinctively lean towards near unconditional support for Israel in the face of such adversaries. For them, the 7 October attacks only served to highlight that Germany cannot give an inch to critics of Israel.

There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.

While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians.

Against this background, advocacy for Palestinian political self-determination and human rights is cast as suspicious. In the liberal Die Zeit newspaper, journalist Petra Pinzler criticised the Swedish climate activist Greta Thunberg as she “sympathises more and more openly with the Palestinians and thus divides the climate movement.” Apparently sympathy with the Palestinians has become a cause for concern.

The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the Nakba (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.

Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.

While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.

Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.

In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”

These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.

Curtailing civic spaces

While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.

BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.

The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in SyriaVenezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.

The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.

Conversation stoppers

Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.

In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.

Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.

An end to the ‘desperate situation’ for Europe’s journalists?

Sofia Mandilara really likes her job. As a reporter for the Greek news agency Amna, she is “often at the forefront of important events”, she said. “Through us, people find out what is going on in our country.” But not all that goes on in Greece is reported. This is because Amna belongs to the Greek state and is subject to the office of Prime Minister Kyriakos Mitsotakis. Anyone who reports critically on his conservative government is censored, the 38-year-old said.

A similar situation exists at the Italian state broadcaster, Rai, which plays a major role in shaping public opinion. It is increasingly under the influence of Italy’s right-wing populist government. Immediately after taking office in October 2022, Prime Minister Giorgia Meloni filled all management positions with her followers. The two previous governments did the same, but none as radically as Meloni. Prominent reporters left and even high-profile journalist and anti-Mafia author Roberto Saviano’s show was cancelled after he tangled with Meloni. Positive reports about Meloni’s government, meanwhile, account for around 70% of all political news on Rai stations, according to the media research institute Osservatorio di Pavia.

Journalists at the Journal du Dimanche, France’s leading Sunday newspaper, have also suffered a radical change of regime. In the spring, Vivendi, owned by billionaire Vincent Bolloré, got the go-ahead to buy the publishing giant Lagardère, including the JDD. Bolloré publicly denies any political interest. But as with his acquisitions of CNews in 2016 and the magazine Paris Match last year, the buy-out was followed by a sharp turn in the editorial orientation of the JDD towards the far right.

State officials who demand censorship, party functionaries who misuse public broadcasters for their propaganda and billionaires who buy media to propagate their own political interests – what was long known only in Viktor Orbán’s Hungary – is spreading across Europe. The creeping decline in media freedom and pluralism has been documented for years by the Centre for Media Freedom at the European University of Florence, an EU-funded project. There is now “an alarming level of risk to media pluralism in all European countries”, researchers wrote in their annual report in June.

This puts Europe in a “desperate situation”, said Věra Jourová, the EU Commission vice-president for values and transparency. The Czech Commissioner has personal experience of life without a free press. “I lived under communism, that was uncontrolled power – and unchallengeable power. This should not happen in any EU member state,” she said in an interview with Investigate Europe, a co-operative of journalists from different European countries. Media are “the ones who keep politicians under control. If we want the media to fulfil its important role in democracy, we have to introduce a European safety net.” That is why she is pushing to implement a landmark EU law “to protect media pluralism and independence”, which would set legally binding standards to preserve press freedom in all EU member states.

She and her colleagues introduced the bill in September 2022. Among other things, it provides that: public service media must report “impartially” and their leadership positions must be “determined in a transparent, open and non-discriminatory procedure”; the allocation of state funds to media for advertising and other purposes must be made “according to transparent, objective, proportionate and non-discriminatory criteria”; governments and media companies must ensure that the responsible “editors are free to make individual editorial decisions”; owners and managers of media companies must disclose “actual or potential conflicts of interest” that could affect reporting; and the enforcement of journalists to reveal their sources, including through the use of spyware, must be prohibited.

All of this seems self-evident for democratic states and yet it met with massive resistance from not only Hungary and Poland, but also Austria and Germany. They argued the proposal is overreaching, “with reference to the cultural sovereignty of the member states”, according to minutes from the legislative negotiations in the EU Council, obtained by Investigate Europe. The four governments wanted a directive rather than a legally binding regulation, which would allow the governments to undermine the bill.

In Germany, media supervision is the task of regional states. On their behalf, Heike Raab from the state government of Rhineland-Palatinate, led the negotiations in the EU Council. The EU was acting as a “competence hoover in an area that was expressly reserved for the member states in the treaties”, Raab argued, saying the law would be an “encroachment on publishers’ freedom” in line with the respective lobby. If publishers are no longer allowed to dictate the content of their media alone, this would “destroy the freedom of the press”, the Federal Association of Newspaper Publishers declared. The European Publishers Association claimed that the EU proposal was in fact a “media unfreedom act”. However, Raab and the publishers’ lobby failed to present any practical proposals on how to stop the attacks on editorial freedom.

Such opposition has so far proved largely unsuccessful. Although several controversial amendments to the law have been put forward (most notably when a majority of EU governments backed a change to allow the possible use of spyware in the name of national security), the key proposals of Jourová and her colleagues were adopted in June by most EU governments. If, as expected, the parliament also gives its approval at the beginning of October, the law could come into force early next year – and trigger a small revolution in the European media system. At least that is what Jourová hopes.

The direct influence on public service media by way of appointment of politically affiliated managers, as seen in Greece and Italy, for example, would not be compatible with the new law. “The state must not interfere in editorial decisions,” Jourová said. If a member state does not comply, the Commission could open proceedings against the government for violation of the EU treaties. And if the violations continue, this could “lead to very serious financial penalties from the European Court of Justice.”

Journalists themselves could also sue governments or private media owners in national courts against censorship or surveillance on their part, the Commissioner explained.

It is questionable, however, whether this can help reverse the decline of media diversity in the right-wing populist-ruled countries. The Hungarian and Polish government are already accepting the blocking of billions in payments from EU funds because they violate the principles of the rule of law with their political control of the courts. So why should they fear further rulings by EU judges?

Viktor Orbán’s regime has for years engineered a “creeping economic strangulation” of independent media in Hungary, says journalist Zsolt Kerner of the online magazine 24.hu. The government withdrew all state advertising contracts for independent media and then pressured commercial advertisers to do the same. Today, advertising revenues only go to media loyal to the government. 24.hu survived only thanks to an economically strong and independent investor. The rest either had to close or were taken over by those connected to Orbán. This would all become illegal with the planned regulation because EU law trumps national legislation. But Kerner and his colleagues “doubt whether it will do any good in our country.” After all, the government has “many good lawyers”.

“Maybe Hungary is a bit immune now,” said Commissioner Jourová. But there, too, the government will “sooner or later feel the political impact”. An “independent European media board”, including media experts from all 27 EU states, is planned under the new regulation. While the board can decide by majority vote only on assessments without legal consequences, Jourová expects that countries “which the board certifies as restricting media freedom” will “lose their international reputation, for which most governments are very sensitive.”

This could well put pressure on the right-wing nationalists in Poland, thinks Roman Imielski, deputy head of Gazeta Wyborcza, the country’s last major independent newspaper. Prime Minister Mateusz Morawiecki’s government has also turned public television and the national news agency into “a Russian-style propaganda machine” that brands all critics as “traitors to the nation and conspirators”, Imielski said. But if Poland looks bad to the US government, for example, “that puts pressure on it”, as happened when the government tried to sell the government-critical TVN station, owned by a US group, to a Polish buyer. Under pressure from Washington, the Polish president vetoed the corresponding law in 2021.

When or even if Jourová’s grand plan actually becomes law is still unknown. After the parliamentary adoption scheduled for the beginning of October, its representatives still have to agree on a common text with the Council. As mentioned, most EU governments want to reverse the planned ban on the use of surveillance software against journalists and explicitly allow it in cases of danger “to national security”. Article six, which obliges media owners to respect “editorial freedom”, is also highly controversial. Member states, including Germany, want to weaken this provision considerably by only granting this freedom “within the editorial line” set by media owners. If successful, the law would fail at a crucial point.

“The problem is not media concentration in itself, the problem is that it gets into the wrong hands,” said Gad Lerner, a columnist at the still independent Il Fatto Quotidiano, who worked for La Repubblica until it was sold. “More and more entrepreneurs with a core business in other industries are buying newspapers, TV or radio to give visibility to the politicians on whom they depend for their real business.”

“Of course, we don’t want rich people to buy media to influence politics. But we are not here to micromanage how the newsrooms should be organised,” Jourová said, pointing to the need for civil society and journalists to help push for stronger editorial freedoms.

The Greek journalist Sofia Mandilara, who works at the state news agency, has already given a starting signal for this. With the help of the trade union, she filed a public complaint against the censorship of statements critical of the government in one of her articles and – to her surprise – was allowed to write another article on the subject. Since then, “at least they always ask me when they want to change my texts,” she said with a laugh.

This is a modified version of an article that first appeared on Investigate Europe here