Germany: A positive environment for free expression clouded by surveillance

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

The situation with regards to freedom of expression in Germany is largely positive. Freedom of expression is protected by the German Constitution and basic laws. There is room for improvement, with Germany’s hate speech and libel laws being particularly severe.

Germany’s biggest limits on freedom of expression are due to its strict hate speech legislation which criminalises incitement to violence or hatred. Germany has particularly strict laws on the promotion or glorification of Nazism, or Holocaust denial with paragraph 130(3) of the German Criminal Code stipulating that those who ‘publicly or in an assembly approve, deny, or trivialise’ the Holocaust are liable to up to five years in prison or a monetary fine. Hate speech also extends to insulting segments of the population or a national, racial or religious group, or one characterised by its ethnic customs.

Germany still has strict provisions in the criminal code providing penalties for defamation of the President, insulting the Federal Republic, its states, the flag, and the national anthem. However, in 2000, the Federal Constitutional Court stated that even harsh political criticism, however unjust, does not constitute insulting the Republic. The criminal code however remains in place.

Freedom of religious expression is compromised through anti-blasphemy laws criminalising ‘offences related to religion and ideology’. Paragraph 166 of the Criminal Code prohibits defamation against ‘a church or other religious or ideological association within Germany, or their institutions or customs’. While very few people (just 10) have been convicted under the blasphemy legislation since 1969, the impact of hate speech legislation is seen more frequently, in particular in the prosecution of religious offences. In 2006, a pensioner in the state of North Rhine-Westphalia was given a 1-year suspended sentence for printing ‘The Koran, the Holy Koran’ on toilet paper, and sending it to 22 Mosques and Muslim community centres. In 2011, nine of the 18 operators of the far right online radio programme ‘Resistance Radio’ were given between 21 months and three years in prison for inciting hatred.

Germany has also seen heated debate over a widespread ban on religious symbols in public workplaces, especially affecting Muslim women who wear headscarves, which limits, as a result, freedom of religious expression. Half of Germany’s 16 states have, to various extents, banned teachers and civil servants from wearing religious symbols at work. Yet this is not applied equally to all religions, five states have made exceptions for Christian religious symbols.

Media freedom

Government and political interference in the media sector continues to raise concerns for media independence, with several incidents of interventions by politicians attempting to influence editorial policy.  In 2009, chief editor of public service broadcaster ZDF, Nikolaus Brender saw his contract terminated by a board featuring several politicians from the ruling Christian Democratic Union. Reporters Without Borders labelled it a ‘blatant violation of the principle of independence of public broadcasters.’ In 2011, the editor of Bild, the country’s biggest newspaper, received a voicemail message from President Christian Wulff, who threatened ‘war’ on the tabloid which reported on unusual personal loan he received.

Media plurality is strong among regional newspapers though due to financial pressure, media plurality declined in 2009 and 2010. Germany has one of the most concentrated TV markets in Europe, with 82% of total TV advertising spend shared among just 2 main TV stations in Germany. This gives a significant amount of influence to just 2 broadcasters and the majority of Germans still receive their daily news from the television.

The legal framework for the media is generally positive with accessible public interest defences for journalists in the law of privacy and defamation. However, Germany still has criminal provisions in its defamation law, which although unused, remain in the penal code. Germany’s civil defamation law is medium to low cost in comparison with other European jurisdictions, places the burden of proof on the claimant (a protection to freedom of expression) and contains a responsible journalism defence, although not a broader public interest defence.

Digital

The digital sphere in Germany has remained relatively free with judicial oversight over content takedown, protections for online privacy and a high level of internet penetration (83% of Germans are online). Germany’s Federal Court of Justice has ruled that access to the internet is a basic right in modern society. Section 184b of the German Penal Code ‘states that it is a criminal offense to disseminate, publicly display, present or otherwise make accessible any pornographic material showing sexual activities performed by, on or in the presence of a child.’ Germany has also ratified and put into the law the Council of Europe’s Convention on Cyber Crimes from 2001. Mobile operators also signed up to a Code of Conduct in 2005, which includes a commitment to a dual system of identification and authentication to protect children from harmful content. This was reaffirmed and made binding in 2007.

There are concerns over the increased use of surveillance of online communications, especially since a new antiterrorism law took effect in 2009.

In 2011, German authorities acquired the license for a type of spyware called FinSpy, produced by the British Gamma Group. This spyware can bypass anti-virus software and can extract data from the device it is targeting. Two reports by the German Parliamentary Control Panel, from 2009 and 2010, stated that several German intelligence units had monitored emails with the amount of surveillance increasing from 7 million pieces items in 2009 to 37 million in 2010. However, Germany’s Constitutional Court ruled in February that intelligence agencies are only allowed to collect data secretly from suspects’ computers if there is evidence that human lives or state property are in danger and the authorities must get a court order before they secretly upload spyware to a suspect’s computer.

Germany’s tough hate speech legislation also chills free speech online. In January 2012, Twitter adopted a new global policy allowing the company to delete tweets if countries request it, meaning that tweets become subject to Germany’s hate speech laws. The latest Twitter transparency report states that German government agencies asked for just 2 items to be removed. In October 2012, Twitter also blocked the account of a far-right German group, Better Hannover, after a police investigation.

Artistic freedom

Artists can work relatively freely in Germany. Freedom of expression in arts is protected under the Constitution, and is largely respected, especially for satire or comedy. Yet, the freedom of expression of artists is chilled through strict hate speech and blasphemy laws.

The German authorities very rarely use blasphemy laws against artists[xiv]. However, there have been several examples of art being subjected to censorship due to religious offence. In 2012, at the exhibition ‘Caricatura VI – The Comic Art – analog, digital, international’ in Kassel, a cartoon created by cartoonist Mario Lars was removed after protests that it offended religious sensibilities.

There is persistent sensitivity around artistic works depicting the Nazi period. In April 2013, the German version of an Icelandic author’s book was ‘censored’ by its publisher, who cut 30 chapters from Hallgrímur Helga’s novel, ‘The woman at 1000°’. Key passages about Hitler, concentration camps and SS were censored to fit the German market.

Russia: Rolling back free expression

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

The situation for freedom of expression, freedom of assembly and association in Russia has deteriorated since the re-election of Vladimir Putin in March 2012. The main issues of concern are  repression against Russian NGOs, strict anti-blasphemy laws, increasing limits on digital freedom, the banning of “homosexual propaganda” and the re-criminalisation of libel.

Amendments to the law on Non-Governmental Organisations, adopted in July 2012, forced all NGOs that receive funds from abroad to register as “foreign agents” (a highly charged phrase, synonymous with “spy”) if they are involved in “political activities”, the latter term being very broadly defined. During March 2013, dozens of NGOs in Russia were inspected to determine whether their activities comply with current legislation. This potentially endangers the activities of NGOs in Russia including those working on freedom of expression and human rights groups.

Freedom of religious expression has been compromised through anti-extremism legislation that allows selective implementation of its ambiguous definitions. An anti-blasphemy law that provides for prison terms or fines for offending religious feeling was passed by Russia’s parliament in April 2013.

The attitude of the authorities to whistle-blowers has been highlighted through the authorities’ posthumously trial of lawyer Sergei Magnitsky. Magnitsky investigated cases of corruption among high-ranking Russian officials; he died in prison in 2009 in pre-trial detention and no one has ever been charged with his death.

Freedom of expression in the LGBT community has been restricted after the State Duma adopted a law prohibiting the promotion of homosexuality. Similar laws were previously introduced at the regional level in 11 administrative entities of the Russian Federation, including the second largest city St. Petersburg.

Media Freedom

Russia continues to be one of the most dangerous countries in the world for journalists. According to the Committee to Protect Journalists, 54 reporters have been killed in Russia since 1992, with 16 cases still unsolved. Impunity remains a significant problem for journalists: on-going threats of violence are rarely investigated properly by the authorities. The killers of Natalia Estemirova, Abdulmalik Akhmedilov, Khadzhimurad Kamalov and other prominent investigative reporters have never been prosecuted; nor have the organisers of Anna Politkovskaya’s murder.

In July 2012, criminal libel was reintroduced by the State Duma into the criminal code after being decriminalized in November 2011. Defamation laws are used to silence the press. Dmitry Muratov, the editor-in-chief of Novaya Gazeta, says courts are used as a censorship instrument in Russia. His newspaper lost three libel appeals in just one week in November 2011, all issued by the Department of Presidential Affairs after they published investigative journalism into federal budget spending.

Other legislative challenges to media freedom in Russia include a law on high treason that endangers Russian journalists who work for the international media, as it prohibits providing information to foreign countries, and a law that forbids the media from using obscene words. Another draft law will classify media outlets that receive more than 50 per cent of their revenues from abroad as “foreign agents”.

The genuine diversity of media ownership in Russia is questionable. Opinion polls by the Levada Centre show that 69 per cent of Russian citizens consider the three state-owned TV channels to be the primary source of their information. Most of the other national media outlets are either co-owned by the state, or belong to oligarchs who have relationships with the Kremlin. Several top managers and editors recently were fired or resigned from their positions in Kommersant and Gazeta.ru in protest against their owners’ intrusion into editorial policies. Several independent online publications critical of the authorities were closed down by their owners.

The lack of independent political and investigative reporting is not likely to be rectified by the launch of a new channel “Public Television of Russia”, scheduled for May 2013. While the new channel has been described as a public service broadcaster “equally independent from the state and advertising”, it will in fact rely on government funding. Furthermore, its CEO is appointed directly by the President of Russia, casting further doubts over its editorial independence.

Digital Freedom

As internet use grows in Russia, the authorities have introduced new restrictive laws that challenge free expression online and allow filtering and blocking of content. Federal Law No. 139-FZ, adopted in July 2012 created a blacklist of sites with “harmful” information under a pretext of child protection. The law suggested broad and ambiguous definitions that allow extrajudicial censorship of online content. Roskomnadzor, a dedicated state agency, compiles a black list of web-pages that contain child pornography, “extremist materials” and information on suicide or drug use. ISPs are obliged by the law to block all the blacklisted web-pages.

Extensive online censorship is accompanied by surveillance of Russians’ online activities. SORM, a nation-wide surveillance system, operated with Deep Packet Inspection (DPI) technology, allows the state security force not only to control, but even to intrude into the internet traffic of any internet user in Russia without any special permit or court decision.

There was a series of cyber-attacks on the websites of independent Russian media outlets, such as Kommersant, Ekho Moskvy, Bolshoi Gorod, Dozhd’ TV and Slon.ru, during the street protests in May 2012. No one has been prosecuted for these attacks.

Artistic Freedom

As the authorities of the country try to increase its electoral support among more conservative layers of society, they rely more on support of the Russian Orthodox Church. Increasingly close political relationships between  the state and the church account for much of the  persecution of artists and censorship of arts on grounds of “protecting of traditional values”. One of the recent draft laws, adopted by the parliament in the first reading, provides for five years in prison for “insulting believers’ feelings”. Reports talk about increasing self-censorship among artists; several cases of prosecution were noted as well.

In August 2012 Nadezhda Tolokonnikova, Maria Alekhina, and Ekaterina Samutsevich, members of punk group Pussy Riot, were each sentenced to two years imprisonment for organising a “punk prayer” in the Cathedral of Christ the Saviour in Moscow. Despite the group claiming their performance was an artistic act of political protest against President Putin’s regime, they were found guilty of “hooliganism motivated by religious hatred.” In October 2012, Samutsevich was released on probation, but sentences against the other two members of the band were upheld.

Anti-extremist laws and articles of the Criminal Code relating to incitement to religious hatred have long been used for censorship of art in Russia. In July 2010 art curators Andrei Erofeev and Yuri Samodurov were fined for organising the Forbidden Art 2006 exhibition in Moscow, after several of the works were claimed by prosecutors to “incite hatred” and “denigrate human dignity.” In December 2012, prosecutors in St Petersburg launched an investigation into an exhibition by British artists Jake and Dinos Chapman after visitors complained it was “blasphemous” and “extremist” for featuring images of a crucified Ronald McDonald and Nazi symbolism.

This article was originally published on 20 Aug, 2013 at indexoncensorship.org. Index on Censorship: The voice of free expression

A conversation with Boniface Mwangi, Kenyan activist and photographer

(Photo: Courtesy Boniface Mwangi)

(Photo: Courtesy Boniface Mwangi)

Boniface Mwangi is an award winning Kenyan photographer and activist.  During the 2007 post-election skirmishes he took thousands of photos. His coverage of those attacks entailed great danger as, more often than not, he had to falsify his ethnic identity. In 2009 he founded Picha Mtaani, the first-ever street exhibition in Kenya which was held in towns across the country, showcasing the post election violence photographs to a wider audience beyond Nairobi.

Mwangi has been recognized as a Magnum Photography Fellow, Acumen Fund East Africa Fellow, TED Fellow, and twice as the CNN Multichoice Africa Photojournalist of the Year, among other awards. He currently runs Pawa 254, a collaborative hub for creatives in Kenya. Mwangi recently received the Prince Claus Award 2012 and is now a senior TED fellow.

Mwangi was interviewed by Index on Censorship Head of Arts Julia Farrington at an arts event in Ethiopia in July.

Index: How would you describe Kenyan government’s position on freedom of expression?

Mwangi: Recently the president and deputy president had a media breakfast and invited all the top editors and bloggers, writers at the state house to a meeting.  This is unheard of, it has never happened before.  The new government is being advised by a British firm advising – it was actually the same firm that advised the US government on how to deal with insurgency in Afghanistan.  They are a very smart PR company, they know how to package lies and make it look like the truth, they know how to package crap and sell it to the electorate.   At the moment there is a communication bill that is going through parliament which goes against freedom of speech and when they met, the media said they want self-regulation, they don’t want to be regulated by the state.

But beyond this censorship in Kenya is by choice – it is because of the owner’s business interest; they don’t upset the system because they are going to lose business, lose money.  The biggest advertisers in the country are the government and the bigger corporations.   Editors know as long as they go on the path of truth, they won’t sell advertising space.  They spend so much money on advertising – so it is more self-censorship than anything else.

Kenyan journalists are poorly paid. They are paid by story and the money is very little which makes them easy to be bribed, corruptible.  If you work in the rural area you have no transport and to get around you rely on the local police to give you a ride or the local politician or drug lord and you get compromised in the process.  I worked for five years I know how it works there is a lot of brown envelopes exchanging hands, depending on who is who.  And sadly no-one talks about corruption in the media.

Index: You are saying media is compromised but it is essentially independent?

Mwangi: It is independent – there is very little government interference. It’s almost non-existent – they know the media is controlled by interest. Not a single journalist is in jail at the moment. In the previous government there were a lot of libel suits that were awarded to politicians, actually a ridiculous amount of money was involved, but that has stopped.

The other thing is the emergence of bloggers and citizen journalists who can write about anything, which is actually a good and a bad thing because they can write about rumours and attack people’s lives.  But sometimes they can become an alternative channel for communication. I have seen a lot of stories that have not made it into the mainstream media, but if you go on line or if you buy the tabloids, it may be exaggerated but there may be some truth in it.

Index: How would you describe the Kenyan’s people’s appetite for freedom of expression?

Mwangi: Kenyan people do not want to fight for their freedoms, they want activists to do it for them, so it is only a minority who are fighting for these rights.  There is this wait and see approach on these issues, and it hurts the whole country.  Kenyans have all grown up with parents who told them, don’t protest you are going to get arrested, and that fear has been carried out to this generation.  There is the lock in the mind of Kenyan people that says we can’t do this, it isn’t possible it is too scary, too daring and dangerous to do it.  If you don’t overcome that fear it is going to be passed on to my kids and my kids’ kids so that is what we are trying to do, to give people courage.  Our acts of courage are trying to get the people to protest and resist injustices with confidence that nothing bad will happen to them.

Index: You believe doing very extreme, provocative actions is the right way?

Mwangi: We are always going for the shock effect.  The shock effect says that if they can do that then other people can do some smaller than that.  It has an influence – if I can do it you can do it.

Index: You don’t think it alienates?  People could say those guys are crazy?

Mwangi: I don’t think many people think we are crazy – maybe some upper class people and some politicians.  But the people understand where we are coming from and they understand our anger and given the chance they would also do extreme things, but they are actually afraid.

Index: Do you think that part of what you need to do is to test the boundaries of the law especially in the context  of the new constitution?

Mwangi: We need to do that for Kenyans because we have some over-zealous police officers who arrest and charging people using non-existent laws . So it is important that people understand their rights. And the police should be educated on the bill of rights so that they don’t infringe on Kenyan’s rights.

Index: Some say freedom is a luxury, let’s get people housed and educated first and then let’s turn our minds to freedom of expression.  What do you think?

Mwangi: Education is a term that is used very loosely.   Many Kenyans are very full of wisdom and they have never been to school.  So when you are talking about education you are talking about western standards of how people get educated – more education in what they call the ‘good life’ that isn’t going to change anything.

Freedom is good – it gives human beings dignity, with freedom you can do what you want – it means you can challenge authority, you can give feedback to the government about how you feel.  So if you look at a dictatorship most of them stagnate because there is only one thinker amongst a population of many people. That one thinker cannot be omnipresent then you find that there is a shortage of ideas and a want of thinking.  So freedom of expression is key to life and to democracy. It has to be there at the start  – it is like life.

Index: This space which you have created – is it for a planning space for activists?  Or it’s a public space? Or it’s both.

Mwangi: It is a space for creatives where we people share plan events, protest, a place where people discuss.  So it’s a place where you can come in any time and discuss, read a book, come in anytime and do a grafitti or just chill or read a book. It’s called PAWA 254.  Creatives, activists, journalists and film-makers, guys and women who are like minded who have a real job or a real career but they want a place where they can come and meet like-minded people and discuss.

It is open every day, we plan for it to be open 24 hours per day. And the debate nights are every Tuesday and other days we have different activities where we train activists, photographers, animators or cartoonists – different trainings going on at any given time.

Index: The authorities know you are there.  Do they let you get on with it?

Mwangi: The thing is we have a very progressive constitution if you come to my property they need to have a search warrant or a warrant for my arrest.  They can’t just come and ask questions.  They have to read me my rights.  That is actually something that doesn’t happen in this continent but Kenya has a very progressive constitution, which if everything was working could make it a beacon of democracy and human rights.

South Africa: Confronting choices about free expression

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Though the shackles of apartheid and the public role of Nelson Mandela have faded, South Africa is confronting questions about government surveillance in the digital era, media regulation and artistic censorship.

Apartheid in South Africa (1948-1994) was partially kept in place with restrictions on the flow of information. The state attempted to draw a veil of secrecy over the intensification of repression through detention without trial, house arrests and the torture and killing of opponents from the 1960s onwards. Music and literature were among the modes of anti-apartheid resistance from the 1960s onwards. Literature and music supportive of political opposition or that was deemed sexually permissive was banned. Some journalists, authors and musicians left the country to escape prosecution while many who stayed were persecuted. Television was only allowed in the country in the mid-1970s and only when the then ruling National Party was convinced it could control the medium.

The transition to democracy in the 1990s under Mandela marked a radical departure, with openness and transparency declared primary aims. Clause 16 of the Bill of Rights in the South African Constitution of 1996 guarantees that “everyone has the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.” However, this right is not absolute. The same clause warns that it “does not extend to propaganda for war, incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.” Clause 14 (d) of the Bill of Rights safeguards the right to privacy, including the right not to have the privacy of communications infringed.

South Africa’s adoption of the right to freedom of expression in its Constitution is reflected in a lively national debate as democracy takes root. However, as pundits claim the space to hold to account the government and, less frequently, business, the past five years have seen worrying moves against free expression. These range from verbal threats to legislative measures to the irregular arrest of a journalist. Protesters have also targeted journalists at community-level demonstrations about socio-economic rights.

Media Freedom

Four large corporations dominate South Africa’s print media sector, which limits diversity in opinion. While the sector has been battling plunging circulation figures, as elsewhere in the world, it has still managed to invest in investigative journalism, which remains vibrant. Art and related types of journalism have however suffered from a lack of resources. The media stand at the centre of vehement political debates in the country, with newspaper leaks common in the infighting between factions of the ruling African National Congress (ANC). The combination of political and investigative exposures has led to ANC threats of appointing a “media tribunal” to replace the system of self-regulation. In response, the media funded a public consultation process, and a new system has been instituted which remains self-regulatory but includes more mechanisms to allow greater accountability of the press to the public. However, the ANC has decided that the country’s parliament should still investigate the creation of a media tribunal “that is empowered to impose sanctions without the loss of any constitutional rights”.

The Protection of State Information Bill was adopted by parliament this year, despite concerted resistance from a wide range of organisations and individuals. The bill, driven by state security agencies, is expected to undermine access to state information and inhibit investigative journalism. Revisions did not address its draconian penalties of up to 25 years or the overly narrow scope of its belatedly included public interest clause. In a significant improvement, however, the bill no longer overrides the Protection of Access to Information Act or the Protected Disclosures Act, both passed in 2000.

Recent changes in print media ownership have seen the Independent Newspapers (former Argus) group returned by the Irish company Independent News and Media (INM) to South African control. While INM is generally regarded as having “harvested” the Independent Newspapers and thereby stunting its growth in South Africa, the acquisition by Sekunjalo has raised concerns about political control as business allies of the ruling party are involved in the deal.

Most South Africans remain dependent on television and especially radio for information. The state-owned South African Broadcasting Corporation (SABC) remains the dominant TV and radio outlet with its programming in all 11 languages. However, the SABC has been riddled with management battles and repeated allegations of political interference, which included the blacklisting of commentators critical of the government.

Digital Freedom

After a good start in the 1990s when Internet use was commercialised in South Africa, tardy and expensive broadband has slowed connectivity. Recent research suggests that 39 percent of adults, or 14 million people, access the Internet at least once a week. Another study found that a relatively high percentage of South Africans use mobile phone services (66 percent). According to the 2011 government census, half of those who use the Internet use their mobiles to do so, as only about 23 percent of households have a computer at home. Internet service providers believe this number would be higher if mobile broadband prices were more competitive. While mobile broadband is more affordable and faster than fixed-line services, prepaid mobile customers pay more than contract customers, which means poorer people have less access.

Regarding government measures, the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA) requires service providers to record and keep customer information, which can be requested by government agencies. The act disallows interception of communication, subject to judicial approval. Similarly, a judge has to grant permission before government agencies can access mobile phone records.

The Right2Know (R2K) civil society campaign in 2012 mobilised against the General Intelligence Laws Amendment Bill, which would have empowered state-security operatives to monitor e-mails and social media communication without permission from a judge. While this expansion of powers was avoided, R2K pointed out that the final version of the bill still did not provide clarity regarding the monitoring of electronic communication passing through a foreign server. The Mail and Guardian newspaper has reported on the illegal bugging of private citizens’ communication. Security agencies’ illegal monitoring of communications has become a weapon between factions in the ruling party. In the most notorious case, the ascendancy of the current president, Jacob Zuma, to the highest office was clinched with the withdrawal of corruption charges against him on the basis of “spy tapes”. These recordings, seemingly illegally made, allegedly showed a political plot against Zuma that involved the National Prosecuting Authority. Interceptions by the police’s crime intelligence divisions rose sharply between 2009 and 2010, including illegal bugging that led to the recent resignation of the head of the South African Revenue Services for attempting to recruit someone in return for sexual favours. Meanwhile, the implications are unclear of the National Cyber Security Policy that the ANC wants the government to adopt by 2014 to prevent the distribution of “harmful and anti-social” content.

Artistic Freedom

Artists have enjoyed unprecedented freedom to be creative in South Africa since the transition to democracy. However, political tensions have risen about art seen as ridiculing Zuma. In 2012, Brett Murray’s painting called “The Spear” was exhibited at a Johannesburg art gallery, depicting Zuma in a well-known pose of Communist leader Vladimir Lenin but with his genitals exposed. ANC leaders pressurised the gallery by leading a march of ANC supporters to its doors. Two men defaced the painting while on display.

An amendment in 2009 to the Film and Publications Act of 1996 that every unregistered print and online publication that contains sexual content be submitted for classification by the Film and Publications Board has since been declared unconstitutional by the High Court. The Constitutional Court still has to confirm the High Court’s decision. The board has been skittish about films depicting teenagers in sexual situations, whether consensual or forced. In 2008 it banned the Argentinian film “XXY” and this year it banned the South African film “Of Good Report” on the basis of being “child pornography”. Both bans have since been overturned.

This article was originally published on 7 Aug, 2013 at indexoncensorship.org. Index on Censorship: The voice of free expression

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