This non-exhaustive study of threats to media freedom in the United States researched over 150 publicly reported incidents involving journalists. It uses the criteria developed for and employed by Mapping Media Freedom, Index on Censorship’s project launched in May 2014 that monitors the media landscape in 42 European and neighboring countries. This survey reviewed media freedom violations that occurred in the United States between June 30, 2016, and February 28, 2017.
Reports were submitted by a team of researchers. Each incident was then fact-checked by Index on Censorship against multiple sources.
Index on Censorship is a UK-based nonprofit that campaigns against censorship and promotes freedom of expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. Index promotes debate, monitors threats to free speech and supports individuals through its annual awards and fellowship program.
Acknowledgements
Author: Sally Gimson Editor: Sean Gallagher
Research: Hannah Machlin, Elise Thomas, Amanda James, Laura Stevens, Alex Gibson, Gary Dickson, Courtney Manning, Madeline Domenichella
Additional research/editing: Ryan McChrystal, Melody Patry, Atticus O’Brien-Pappalardo, Esther Egbeyemi, Samuele Volpe, Jemimah Steinfeld
Smears about the media made by US President Donald Trump have obscured a wider problem with press freedom in the United States: namely widespread and low-level animosity that feeds into the everyday working lives of the nation’s journalists, bloggers and media professionals. This study examines documented reports from across the country in the six months leading up to the presidential inauguration and the months after. It clearly shows that threats to US press freedom go well beyond the Oval Office.
“Animosity toward the press comes in many forms. Journalists are targeted in several ways: from social media trolling to harassment by law enforcement to over-the-top public criticism by those in the highest office. The negative atmosphere for journalists is damaging for the public and their right to information,” said Jodie Ginsberg, CEO at Index on Censorship, which documented the cases using an approach undertaken by the organization to monitor press freedom in Europe over the past three years.
The US study shows journalists have been on the receiving end of online and offline harassment, as well as being arrested and charged with criminal offenses just for doing their job.
Reporters traveling into the country have also been caught up in the move to tighten border security, a trend that began during President Barack Obama’s administration but gathered pace after the Trump inauguration on January 20, 2017. Without clear guidelines, journalists have found themselves at the mercy of Customs and Border Protection agents who have seized and searched their electronic devices.
The arrests and border searches come as states are introducing new legislation or interpreting older laws in ways likely to have a detrimental effect on reporting.
For citizen reporters and freelancers, who do not have the protection of media organizations, the climate was already hostile and is now becoming more so. As the experience of Gawker has shown, even large media websites can be driven out of business if they rile the rich and powerful.
“Attention on the media has focused on the very public spat between Donald Trump and major news outlets,” Melody Patry, head of advocacy at Index on Censorship, said. “But this survey shows that threats to media freedom are far more deep-rooted and affect local journalists, bloggers and investigative reporters across the country. This is a serious cause for concern in a country that prides itself on the First Amendment principles protecting a free press.”
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The arrest of journalists covering demonstrations poses one of the largest direct threats to the freedom of reporters performing their professional duties. Not only are they physically removed from the protests but they are also being charged with serious criminal offenses. Previously journalists may have been charged with misdemeanors – the most serious of which only carries a large fine or up to a year in prison. Now they are being charged with felonies, which can carry decades in jail.
“This trend towards treating reporters at protests as active participants is alarming. Although these charges are most often dropped, the continuing arrests could cause journalists to think twice about covering a demonstration or reporting on police abuses against participants,” Hannah Machlin, project officer for Index on Censorship’s Mapping Media Freedom, said.
This pattern did not begin with the election of Trump. These decisions were also taken during the Obama administration by local law enforcement agencies and state attorneys.
Six journalists who were covering protests at Trump’s inauguration were arrested in the capital and charged with felonies, the most severe punishment under Washington DC’s law against rioting.
They included two reporters, a documentary producer, a photojournalist, a live-streamer and a freelance reporter. However, charges against four of the journalists were dropped nine days later. Charges against videographer Shay Horse were dismissed on February 21. Only freelance reporter Aaron Cantu remains charged with felony rioting.
Other examples of reporters targeted during protests include those covering the Dakota Access Pipeline and Black Lives Matter demonstrations discussed in more detail below.
More incidents suggest law enforcement officers need training and directives to respect journalists’ rights to cover events – like the case of Chris Hayes, a Fox 2 St. Louis journalist, who on June 30, 2016, was handcuffed and shackled to a bench in Kinloch, Missouri. He was detained after objecting to being barred from a public meeting on uninsured and unregistered police cars, a story that Fox 2 had originally investigated. Hayes was issued a court summons for failure to comply and disorderly conduct.
North Dakota Access Pipeline (DAPL) and associated protests
Several journalists and documentary filmmakers covering protests against the controversial oil pipeline project have been arrested and charged with felonies.
Among journalists arrested and charged were Amy Goodman, host of the news program Democracy Now! She was taken into custody on September 3, 2016, after she filmed private security guards employed by Dakota Access LLC using dogs and pepper spray to disperse the protests against construction work. Her video has been viewed over 14 million times on Facebook. At first Goodman was charged with a misdemeanor offense of criminal trespass, but that was escalated by the state attorney to a rioting felony. A district judge finally dismissed the charges in October.
In another pipeline protest, documentary filmmaker Deia Schlosberg was detained while filming a demonstration on October 11, 2016, where climate change activists manually closed off the TransCanada Keystone Pipeline in Walhalla, North Dakota, which brings tar sands oil across the border from Canada. It was one of five similar demonstrations that day held by climate change activists as an act of solidarity with the campaign against the DAPL. Schlosberg was charged with three offenses which could have landed her in prison for 45 years: conspiracy to theft of property, conspiracy to theft of services and conspiracy to tampering with or damaging a public service. The charges were eventually suspended and will be formally dropped, but only if she commits no further crimes for six months. Schlosberg told The Guardian that she hasn’t covered a protest since October to avoid serious consequences were she to be arrested again, demonstrating the effect that such actions can have on journalism.
Though neither Grayzel nor Davis were on pipeline property, they were charged with second-degree burglary, criminal sabotage and assemblage of saboteurs, all felony cases which could lead to a 30-year prison sentence. The charges were ultimately dismissed, but Grayzel said the police still had her memory cards with footage on them, her phone and her notes.
The charges against other filmmakers, who also filmed activists on October 11, are still pending and they could still face prison sentences.
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TRACIE WILLIAMS
Tracie Williams is an experienced documentary photographer. She had been covering the main protest camp at Standing Rock for three weeks before she was arrested on February 23, 2017, during a police operation to evict protesters from the site. She says the police arrived at the camp with humvees, helicopters and automatic weapons. “I feared for the protesters’ safety and felt a duty to photograph their imminent arrests,” Williams said, recalling the photograph she made as members of the Morton County Sheriff’s Department advanced towards two men praying near the sacred fire with weapons aimed at them at point-blank range. Officers approached her from the side, without notice or warning, Williams said, and she was arrested while photographing the arrests. She was covering the protest for the National Press Photographers’ Association and told police she was a journalist, but they did not seem to care, she added.
Williams was handcuffed with zip ties and transported first to the Morton County Sheriff’s Department, where she, along with seven other women were held in chain-link cages in a drafty garage. They were asked to strip down to their base layers and all their belongings, including their jackets, were placed in clear plastic bags. They were then transferred to McLean County, where they were charged with “Obstruction of Gov. Function.” The plastic ties they used to handcuff her, she said, have caused her nerve damage. She now faces a class A misdemeanor charge, which carries a possible sentence of up to a year in prison and $3K in fines. All of her gear including her camera, phone, audio recorder and memory cards, were confiscated as evidence. Williams got the equipment back but not until she had harnessed help from two lawyers, several advocacy groups and a local senator. She is still facing charges in North Dakota.
Journalists at Black Lives Matter and similar demonstrations have been arrested by police, even though they clearly identified themselves as members of the press.
Kailath said of his experience: “I was transferred between six locations, searched naked, given an orange jumpsuit and a medical and mental health screening, and finally checked in to the East Baton Rouge Parish Prison. In the morning, we were given the local paper, The Advocate. It was only when an inmate paging through it looked up at me and said: ‘Hey, you’re in here!’ that I learned I was being charged with simple obstruction of a highway.” Within the week all charges against him had been dropped.
I was transferred between six locations, searched naked, given an orange jumpsuit and a medical and mental health screening, and finally checked in to the East Baton Rouge Parish Prison
Two black reporters were briefly handcuffed by police in Rochester, New York during similar protests over the shooting of black men. Carlet Cleare and Justin Carter of WHAM-TV were detained in the early hours of July 9, 2016, for a short time before being released with a public apology from the mayor and chief of police.
On November 9, 2016, two reporters, Jason Silverstein and EJ Fox, were arrested while covering protests outside Trump Tower in New York. Silverstein said in an article for the Daily News, New York that he was handcuffed with plastic ties by a police officer who accused him of blocking the sidewalk. He was charged with disorderly conduct and refusing an order to disperse. Fox said he was held from 9pm until 2am and considered himself lucky, but hoped that the behavior of the NYPD had not been affected by the Trump presidency.
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US border detentions
Many journalists have found themselves detained at the US border. Over the period covered by the survey, there were several reports of journalists being stopped by US Customs and Border Protection agents, detained and asked to hand over equipment and notes. Some of these incidents occurred before Trump was elected and before he signed an executive order for a travel ban. According to NBC News, data provided by the Department of Homeland Security shows that searches of all travelers’ phones by border agents has grown fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016. DHS officials told the network that 2017 would be a “blockbuster” year. Some 5,000 devices were searched in February 2017 alone, as many as in all of 2015.
Customs and Border Protection officials should respect the right of journalists to protect confidential information, and refrain from demanding access to people’s devices and passwords
In one incident, a Wall Street Journal Middle East correspondent and US citizen, Maria Abi-Habib, was detained on July 14, 2016, by border control officers at Los Angeles International Airport and asked for access to her two phones. She recounted in a Facebook post how she managed to hold them off by threatening to call WSJ lawyers because the phones were the property of her employer. Another journalist, Kim Badawi, was held at Miami International Airport for 10 hours when he flew in from Rio for Thanksgiving. A US citizen who works for Le Monde in Rio, Badawi was questioned by Customs and Border Protection agents about his passport stamps for Middle Eastern countries, his political views and his religious affiliation. His baggage was searched and he was forced to surrender the password of his phone so agents could go through all of his contacts, photos and messages, including confidential WhatsApp messages from Syrian refugees. Badawi wrote a first-person account of his experience for the Huffington Post.
After the travel ban was imposed in January, more journalists found themselves detained. BBC journalist Ali Hamedani, a British citizen born in Iran, live tweeted his detention. He was held for two hours on January 29, 2017, and said he was subjected to “invasive checks” after he had flown into Chicago. Hamedani said he was forced to hand over his phone and its password. Sama Dizayee, a Washington-based Iraqi journalist who planned to fly to London in February 2017, told NPR she was afraid to travel because of her belief that she might not be allowed back in the country. Although she has a green card, she said, she had no certainty that her rights to live in the USA would be guaranteed if she left and tried to come back into the country. Meanwhile, senior CNN editor Mohammed Tawfeeq filed a lawsuit against the travel ban after being detained at Atlanta’s airport over the weekend of January 28 and 29, the days following Trump’s signing of the travel ban executive order. He is an Iraqi citizen with a US green card. The lawsuit argued that officials have used Trump’s executive order “to subject returning residents like Mr. Tawfeeq to inappropriate exercises of discretion with regard to their right to return to the United States, and to lengthy delays and interrogations at ports of entry”.
“Officials should respect the right of journalists to protect confidential information and refrain from demanding access to people’s devices, online accounts and passwords. Journalists must be aware of possible requests by border agents, which may compromise their security and that of their sources,” Mapping Media Freedom’s Machlin said.
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ED OU
Ed Ou, an award-winning Canadian photojournalist, tried to cross the US-Canadian border to cover the Dakota Access Pipeline protests on October 1, 2016. He found himself detained for six hours, had his phone searched, his journal photocopied and was then refused entry. Border security was not interested in Ou’s concerns about protecting his sources. In a letter to Customs and Border Protection and Homeland Security, American Civil Liberties Union attorney Hugh Handeyside wrote: “[W]e believe that CBP took advantage of Mr. Ou’s application for admission to engage in an opportunistic fishing expedition for sensitive and confidential information that Mr. Ou had gathered through his newsgathering activities in Turkey, Somalia, Iraq and elsewhere.”
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On October 18, 2016, in North Dakota, activists at the Sacred Stone Camp were accused of assaulting journalist Phelim McAleer, who was making a documentary called FrackNation in favor of fracking. His microphone was taken away and he was assaulted after he asked DAPL protesters about their use of fossil fuels. When McAleer and colleagues went back to their car, a group of about 30 individuals surrounded the vehicle and the journalists were forced to call the police for help.
During separate protests in north Baltimore on the evening of November 9, Fox45 reporter Keith Daniels and photographer Ruth Morton had to be moved to safety by police. An angry crowd had surrounded them and ordered them to leave the scene. The end of the encounter was broadcast live on Fox45. Daniels reported that this had never happened to him before. The crowd had told him they did not believe that he would put the “correct narrative” on his coverage.
“Journalist safety must be taken extremely seriously by law enforcement. Whether the perpetrators of violence are police officers or private citizens, violence against journalists, cases of robbery or harassment must be investigated vigorously and charges filed promptly to ensure that a culture of impunity is unable to take root,” Mapping Media Freedom’s Machlin said.
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DALTON BENNETT
Dalton Bennett, a video reporter for the Washington Post, has experience covering demonstrations all over the world, from Greece to the Arab Spring. He was filming demonstrators on inauguration day when he was pushed over and grabbed by a police officer. Most of the protesters were peaceful, he said, but a smaller group of black bloc protesters were causing trouble, which was unusual for Washington DC. At one point during the protest “all hell was breaking loose” and the police began using pepper spray and stun grenades before kettling the protesters.
“In the process of getting kettled, we’re filming it, which is what a video reporter is supposed to be doing, and a police officer felt that I was too close, and decided to get me away from the situation and so pushed me,” Bennett said. “My backpack was being grabbed and I was pushed by another guy and fell to the ground in the process. I wouldn’t say it was a concerted effort to prevent us from capturing the moment, there were a lot of journalists there. I think it was, more than anything, just a police officer, just authorities generally caught up in this ebb and flow of the demonstration. I mean I don’t think it was done out of malice, or to prevent us reporting. That being said, I don’t think it was necessary at all, it definitely wasn’t necessary, and the city itself has issued a report saying some of its tactics weren’t exactly kosher.”
Bennett doesn’t believe the right to film protests is under threat in the USA, but he said: “Inevitably as more and more protests happen across the country, this is a question which is going to continue to arise. I think the only solution is a greater awareness of both media organizations and police departments on the role that the media plays in covering these protests and better practice among media organizations, [understanding] how demonstrations work, how to keep safe covering the protest.”
However, current US libel laws have already led to one news organization, Gawker, closing after a lawsuit alleging the site had invaded the privacy of a celebrity.
Most criminal charges against media professionals have been related to journalists caught up in protests, which we have detailed above.
However, there is another worrying case of a publisher from Blue Ridge, Georgia, and his attorney, who were arrested on June 24, 2016, for requesting public records. They were charged with three felonies – identity fraud, attempted identity fraud and making a false statement on an open records request – which carries up to 20 years in prison. Fannin Focus publisher, Mark Thomason, said he was held for two days before being granted bail, but only after a $10,000 bond had been posted. An outcry in the national press led to the charges being dismissed three weeks later. Thomason and attorney Russell Stookey were charged in part because they requested copies of checks written on the operating accounts of the judge’s office, which were “cashed illegally”. Chief Judge Brenda Weaver, who presides in the three-county Appalachian Judicial Circuit, had urged the district attorney to seek an indictment. Weaver, who was in control of one of those accounts, told The Atlanta Journal-Constitution she pushed for the case because “I don’t react well when my honesty is questioned.” She was eventually forced to resign.
“US libel law has long been a model for the rest of the world. Lowering the burden of proof or otherwise loosening restrictions on lawsuits would pose a serious threat to press freedom in the country. At the same time, the misuse of the criminal justice system to silence journalists is a common occurrence in some European countries. This is not something that journalists in the USA should be exposed to,” Index’s Patry said.
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What laws are passed and how the law is interpreted can have an impact on journalists’ ability to report. Even when laws are not intended to restrict access to public information, they can be used to do so.
For instance, the so-called Marsy’s Law, which protects victims’ rights, has been enacted by some states. Although not its original intention, the law is being used by police forces in Sioux Falls, South Dakota, to justify withholding all information about crime locations, car accidents and crash victims in the area from journalists, according to a report in the Argus Leader on December 4, 2016. Journalists and others argue the law states that information should only be withheld “on request of the victim” and so a blanket ban on information is not justified. Similar laws have now been passed in North Dakota and Montana.
“Even well-intentioned laws can have a deleterious effect on journalists. In the case of Utah, the proposed legislation could penalize reporters doing investigative pieces around animal welfare and food safety. Even the Humane Society of the United States has expressed reservations about the draft bill,” Index’s Patry said.
The other pattern that is emerging concerns journalists who, all over the country, are being asked to hand over unpublished documents they have used in investigations, potentially compromising key sources. State “shield” laws should give legal protections for journalists, but this principle is being increasingly challenged. In Nashville, Tennessee, television reporter Phil Williams, who reported on the district attorney Glen Funk, was told by a judge on February 2, 2017, to hand over key documents. To add further pressure Funk has filed a $200 million defamation suit against the journalist and his employer, News Channel 5. The channel has condemned the actions as “an attempt by an elected public official to silence and intimidate a journalist and news organization that has accurately reported on questionable conduct and judgment by that official”.
“Politically independent public broadcasters are a vital segment of the media landscape at a time of increased propaganda. We’ve documented a series of moves by European governments to nationalize the public media in ways that make it more likely to toe the ruling party’s line,” Index’s Ginsberg said.
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There is little information about works censored during the period we examined. This may well be because journalists tend not to report these kinds of incidents out of fear of negative repercussions for their career or because the pressure is more subtle. The case study below, however, is taken from a New York Times article from February 17, 2017.
On university campuses, there were more published examples of censored works. A report entitled Threats to the Independence of Student Media, published in October 2016 by the American Association of University Professors and others, explains how “college and university officials threatened retaliation against students and [media] advisers not only for coverage critical of the administration but also for otherwise frivolous coverage that the administrators believed placed the institution in an unflattering light.” The document details particular cases, including when “California’s Southwest College mounted a campaign of intimidation and bullying of student journalists – including freezing the newspaper’s printing budget, cutting the adviser’s salary and even threatening staff members with arrest – as part of an effort to conceal high-level wrongdoing.” There are many other examples given in the report of censorship and intimidation on campus, and of media advisers who have lost their jobs or been demoted as a result of not exercising enough censorship.
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RICK CASEY
Rick Casey is the host of a show called Texas Week for San Antonio television station KLRM. At the end of every show he presents a short commentary. On this occasion, Republican representative from Texas, Lamar Smith, was on his agenda for giving a speech on January 24, 2017, about the unfair way he believed the media covered Trump. Smith suggested the only way of getting the truth was from the president himself. Casey was so outraged that he ended his commentary: “Smith’s proposal is quite innovative for America. We’ve never really tried getting all our news from our top elected official. It has been tried elsewhere, however. North Korea comes to mind.” Some 40 minutes before the show, the president of the station, Arthur Rojas Emerson, called Casey to tell him the commentary had been pulled. Emerson said he was worried that the commentary could affect the financing of the station, which is publicly funded by the Corporation for Public Broadcasting. It was also the case, as The New York Times reported, that Emerson had left journalism for several years to work in advertising and Smith had been a client. After the affair was publicized in a local newspaper column, another prominent local journalist took Casey’s censored commentary up with the PBS board and Emerson finally agreed to run the clip. He admitted to the Times it was a “mistake”, but he only had 20 minutes to make a decision. Casey is 70 years old and said that he was more ready to push back because of his age. He said he didn’t know whether he would have acted differently at 45, when it could have affected his career.
Blocking access to events, places and – more crucially – information is a way of government, lawmakers and others preventing journalists in the USA from covering their activities.
“Mapping Media Freedom has documented a growing list of incidents from across Europe and neighboring countries where journalists have been barred from reporting in the public interest. Though this survey looked at a small number of cases in the context of the American media market, we expect there were many more cases during the same period that were not reported by the media or located by our researchers,” Mapping Media Freedom’s Machlin said.
Reporters have recently been blocked from covering the airport protests over the travel ban in January 2017. Time journalist Charlotte Alter tweeted early on January 28, 2017, that reporters were asked to move from terminal 4 of JFK airport in New York because it was a “private space”.
“Having access to this information is important for journalists, because without knowing what cases are being scheduled, they cannot cover them. And without general access, plaintiff’s lawyers are then able to leak cases to friendly news outlets,” Machlin said.
“Imposing expensive fees to fulfill public records requests can deter investigative journalism, especially for publications already struggling for funding in a shifting media landscape,” Machlin said.
“Picking media outlets friendly to the country’s government is a tactic often deployed in illiberal democracies or by political parties on the far-right, like France’s Front National or Germany’s AfD. In the context of Mapping Media Freedom, the Trump administration and staffers have repeatedly and routinely threatened press freedom before and after the election,” Machlin said.
Intimidation is probably the most widely reported form of violation against press and media freedom. It takes various forms of offline and online harassment, including defamation, psychological abuse and sexual harassment.
“As we have seen increasingly in Europe, groundless, derogatory and corrosive comments by a country’s leaders – specifically in Hungary, Russia and the Balkans – have a tendency to permeate into law enforcement and local administrations, and undermine trust in media coverage among the general public. In addition, the use of pro-government media outlets to target journalists further undermines press freedom in some European countries. Though it remains to be seen whether this trend will continue at an alarming rate in the United States, it is certainly something for press freedom organizations to be alert to,” Index’s Patry said.
Much of the most prominent intimidation has come from both Trump and his aides during the presidential campaign, after his election and after his inauguration. This intimidation and harassment has also been mirrored by people who appear to be his supporters.
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During Trump’s election campaign, journalists were routinely jeered and intimidated.
His campaign rallies frequently became places where the media and journalists in general were accused of being part of a broad conspiracy against him and his supporters. During a weekend in mid-August 2016 when his poll numbers were dropping, Trump went on the offensive against media bias. On Friday August 12, at a rally in Erie, Pennsylvania, Trump called journalists the “lowest form of humanity”. At a rally the following day in Fairfield, Connecticut, he declared: “I am not running against crooked Hillary Clinton, I’m running against the crooked media.” On Sunday August 14, he issued a series of tweets including claims that the biased media was affecting his poll ratings and that The New York Times wrote fiction.
In October 2016, when reporters uncovered stories about Trump’s abusive behavior towards women, his public attacks on the “mainstream media” intensified.
After Trump’s election, intimidation of the media changed, in part because he was making the comments personally, often through Twitter, while holding the office of president. Trump devoted a whole press conference on February 17 to berating the media as “the enemy of the people”, a phrase news organizations reported is more commonly associated with Soviet leader Joseph Stalin and other dictators throughout history. Since his election, Trump’s official spokespeople, most notably Sean Spicer and Kellyanne Conway, have been brought more prominently into the frame. Both have repeatedly attacked journalists and defended lies told by the president. Conway has gone so far as to say in an interview with Fox News on January 27, 2017, that it was “dangerous for democracy” for journalists to accuse Donald Trump of lying.
Other Trump administration staffers have also threatened journalists. In February 2017, reporter April Ryan accused Trump staffer Omarosa Manigault of physically intimidating her. Ryan, a onetime friend of Manigault’s, also said the communications official made verbal threats, including the assertion that Ryan was among several journalists on whom Trump officials had collected “dossiers of negative information”.
“Collecting ‘dossiers’ about journalists is the type of tactic practiced in countries like Azerbaijan, which routinely targets anyone trying to hold the regime to account. The US executive branch should not be seeking to emulate the behaviors of some of the world’s most authoritarian regimes,” Index on Censorship CEO Jodie Ginsberg said.
“Alternative facts”, or the more frequently used “fake news”, have been the catchphrases of the Trump administration to describe news stories they do not like, or that challenge statements they have made. Trump also uses the phrase generally to discredit news organizations and claim they never report the truth. In one instance, Trump accused CNN on Twitter of cutting off Senator Bernie Sanders (D) because he was exposing the fact they reported fake news. Sanders was in fact doing the opposite, joking about Trump’s tendency to dismiss any negative reports as “fake news”.
In a series of tweets from his personal account, Trump has called some of the USA’s major news organizations “failing” and purveyors of “fake news”, including the Washington Post, The New York Times, NBC news, CNN and ABC.
The other way that Trump and people speaking on his behalf have tried to intimidate the media is to call for the sacking of individual journalists. The most prominent calls have come from members of congress and Trump aides.
On January 31, Rosa Brooks, a professor of law at Georgetown University, wrote in Foreign Policy magazine about threats Trump poses to the US Constitution, and what would happen if he arbitrarily decided to carry out some form of military action. Two days later she was accused by Trump-friendly Infowars of inciting a military coup. Although Brooks said that she had concerns about the way executive power was used under Obama, the intimidation she has received – including death threats – for suggesting the dangers under Trump, went far beyond anything that had happened before. She wrote: “Here’s the other thing that’s different now: The alt-right has long occupied the internet’s darker corners, but with the elevation of Bannon to the Trump White House and National Security Council, it’s now occupying the White House itself.”
Some of the most virulent harassment cases have been against conservatives like Kelly who did not support Trump. On October 26, 2016, David French, who writes for the conservative publication National Review, told National Public Radio program Fresh Air how he was targeted. He wrote an article about the alt-right movement being white nationalist in its tone and tenor and found himself and his wife bombarded with hateful tweets and messages, including an image of his seven-year-old child, who was adopted from Ethiopia, in a gas chamber. He said it was his linking of Trump and the alt-right that specifically led to his family being subjected to anti-Semitic, racist and pornographic abuse.
French received anti-Semitic abuse despite not being Jewish. The abuse against Jewish journalists has been more systematic.
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ANTI-SEMITISM
In October 2016, the Anti-Defamation League published a report entitled The Anti-Semitic Targeting of Journalists During the 2016 Presidential Campaign. One of its key findings was that 800 journalists received anti-Semitic tweets with an estimated reach of 45 million. The top 10 most targeted journalists (all of whom were Jewish) received 83% of those anti-Semitic tweets. The report found the abuse got worse as the presidential campaign intensified in the period between January and July 2016. The words most frequently used in anti-Semitic tweets directed at journalists included “kike”, “Israel” and “Zionist”. A majority of tweets (60%) were in reply to tweets by journalists. Writer and former Breitbart reporter Ben Shapiro, who was on the receiving end of vast amounts of abuse for launching the #NeverTrump campaign, told ADL: “It’s amazing what’s been unleashed. I honestly didn’t realize they were out there. It’s every day, every single day.” Despite Shapiro’s efforts to shield his family from the abuse, his wife and child were targeted as well. “When my child was born there were lots of anti-Semitic responses talking about cockroaches.”
Though our review of incidents represents just a short period of time, it points to areas that journalists and law enforcement, as well as the country’s political establishment, need to improve
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Frontline police services – as well as journalists – should be clear on the rights of protesters and those covering demonstrations, rallies and other public events and receive regular training in this area. It is also vital that journalists are aware of these rights when covering such events.
Police forces must adhere to Freedom of Information laws. All levels of government should work to minimize fees associated with FOI requests.
Customs and Border Protection officials should respect the rights of journalists to protect confidential information and cease immediately the invasive examination of people’s online activity at the border.
States need to enact strong shield laws to protect journalists from having to reveal sources. This is vital especially in cases involving whistleblowing in the public interest.
State lawmakers need to ensure that that new or revised legislation does not encroach on the First Amendment rights of journalists. Where necessary, laws should have a public interest clause that could be used by journalists.
Harassment and crimes against journalists that go beyond protections offered by the First Amendment – whether online or off – must be investigated and prosecuted vigorously to prevent the establishment of a culture of impunity.
Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are recent reports that give us cause for concern.
According to a document published on the state-run website of legal information, on 28 March, Vladimir Putin signed a new law that restricts coverage of court sessions. The law forbids taking photos and recording video during hearings, as well as any other form of recording without a judge’s permission. Streaming from pre-trial procedures is also forbidden.
If there is a recording of the hearing of any kind, a note regarding that fact along with the names of all media involved must be included in the minutes of said hearing. Prior to the law, journalists were not required to seek permission to film and take photos at open court hearings. The same applied for pre-trial live streaming.
The 2012 Resolution of the Supreme Court, which guaranteed journalists the right to publish live text updates, will not be changed by the new law.
On 3 April, press agency Beta reported that Serbian Prime Minister Aleksandar Vucic was accused of controlling the mainstream media during his presidential election campaign. Critics are accusing the prime minister of rigging the elections by keeping a strong grip on the media in the country.
Vucic, who was elected President on Sunday, April 2nd, was also accused of orchestrating a smear campaign against his competitors. Nedim Sejdinovic, the president of the Independent Journalist Association of Vojvodina, said the elections were irregular due to a “media blackout”.
“When the government dominates the media with the lynching of political opponents, it has nothing to do with free elections and democracy,” said Sejdinovic. “But only with totalitarianism.”
On 30 March, a staff member for Ozgur Toplum magazine by the name of Fahrettin Kilic was formally arrested on charges of “membership of a terrorist organisation”, reported pro-Kurdish news agency Dihaber.
Kilic was detained on March 28th along with two other journalists who have since been released on probation terms. The charges were merely based on a photograph featuring Kilic in a regional Kurdish outfit, stated the report.
According to independent Azadliq Radio, The Azerbaijan Service for Radio Free Europe, publishing house E-Q was shut down following tax inspections on 1 April.
The director of the publishing house, Akif Guliyev, said the decision was made after a series of unsubstantiated tax inspections along with various other inspections as well. E-Q was known for publishing Azadliq newspaper, which it stopped printing in August of 2016.
Vladimir Stolyarov, the owner and editor of the infotainment website gagster.ru, was detained at his home on March 26th, reported Stolyarov’s brother on the website.
“Today, at around 4pm police officers came into my brother’s flat with a detention warrant,” said the editor’s brother. “They have accused him of extremism and detained him because he posted a link to the live stream of the protests and set up streaming on his website.”
Later that day, Vladimir Stolyarov was released, also made known on the website by his brother. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1491562871372-fe072c87-7117-6″ taxonomies=”6564″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]We, the undersigned members of the Civic Solidarity Platform (CSP), a coalition of human rights NGOs from Europe, the former Soviet Union region and North America, and other non-governmental organisations decry the mass detentions of peaceful demonstrators, journalists and human rights defenders, as well as the use of violence and abusive treatment targeting them in Belarus on 25-26 March 2017. These events were the culmination of a series of repressive measures taken by the authorities of the country since the beginning of March to stifle the public expression of grievances. Given the severity of this human rights crisis of unprecedented scale since December 2010, it is crucial that the international community takes resolute action to push for an end to the crackdown in Belarus and justice for those targeted by it.
We condemn the gross violations of the right to peaceful assembly, freedom of expression, freedom from arbitrary detention, and the right to fair trial in Belarus in connection with the recent peaceful protests, and call on the international community to use all available means to put pressure on the Belarusian authorities to immediately end these violations.
Such measures by the authorities should include:
immediately releasing those currently behind bars because of their involvement in the peaceful protests or their efforts to monitor them;
dropping charges against all those prosecuted on these grounds;
carrying out prompt, thorough and impartial investigations into all allegations of arbitrary detention, ill-treatment and other violations of the rights of protesters, passers-by, journalists, human rights defenders and political activists in connection with the protests; and
bringing those responsible for violations to justice.
We call in particular for the following concrete actions by international community in response to the current crackdown in Belarus:
To the OSCE:
The OSCE participating States should initiate and support the renewal of the Moscow Mechanism in relation to Belarus and the appointment of a new rapporteur for this process, in view of the fact that the current developments mirror those on the grounds of which this mechanism was invoked in 2011;
The OSCE Chairmanship should appoint a Special Representative on Belarus, whose mandate should include investigating the recent violations;
The Office of Democratic Institutions and Human Rights should monitor the trials of those facing charges because of their participation in the recent peaceful protests, or their efforts to monitor and report on them;
The OSCE Parliamentary Assembly should reconsider holding its annual session in Minsk in July 2017 and identify another host country and city for this event.
To the Council of Europe:
The Parliamentary Assembly of the Council of Europe should replace its current rapporteur on the situation in Belarus, ensuring that the individual holding this position forcefully speaks out against human rights violations in the country.
To the UN:
Members of the Human Rights Council should extend the mandate of the Special Rapporteur on the human rights situation in Belarus, continue urging the Belarusian authorities to allow the Special Rapporteur to visit the country, and adopt a strong resolution on the human rights situation in Belarus at the next session of the Council;
High Commissioner on Human Rights should publicly condemn the crackdown in Belarus and engage in direct contact with the Belarusian authorities on this matter.
To international financial institutions:
International financial institutions should apply strong human rights conditionality in the implementation of their programs in Belarus and refrain from allocating funding to government projects until the human rights situation in the country has substantially improved. Specifically, the European Bank for Reconstruction and Development should reinstate its calibrated strategy on Belarus.
To the EU:
The EU member states and institutions should apply stronger and more consistent human rights conditionality to the development of its relations with Belarus and consider the prospects of reinstating sanctions similar to those applied in 2011-12 for widespread human rights violations.
To the USA:
The US government should consider reinstating the sanctions against Belarus that it suspended in 2015-16.
Background information, based on reports from the ground:
In the afternoon of 25 March 2017, people took to the streets in the Belarusian capital of Minsk for planned peaceful protests on the occasion of the Day of Freedom, which commemorates the Belarusian declaration of independence in 1918. There was as a heavy police and security presence in the city, the downtown area where protests were due to be held was cordoned off, and traffic was blocked on the main Independence Avenue. Local and international human rights monitors representing the CSP member organisations documented the use of heavy-handed tactics by the law enforcement and security authorities to prevent the peaceful protests, for which authorities had not given advance permission as required by Belarusian law and in violation of international standards. At least 700 people were detained on 25 March, including elderly and passers-by. As can be seen on available photos and footage, police forcefully rounded up and beat protesters with batons, although these made no resistance. More than 30 journalists and photographers from both Belarusian and international media outlets were detained; cameras and other equipment of some of them were damaged by police. Toward the evening, police started releasing detainees from the detention facilities, in many cases without charge. However, others remain in detention, and dozens of individuals are expected to stand trial starting Monday 27 March on charges relating to their participation in the peaceful protests.
The following episode requires particular attention: At 12.45 pm local time on 25 March, about an hour before the start of the planned peaceful protest, anti-riot police raided the offices of the Human Rights Center Viasna and detained a total of 57 Belarusian and foreign human rights defenders and volunteers as well as journalists. Human rights defenders and volunteers had gathered there for a training on monitoring the protests and were planning to go to the streets of Minsk for observation of the assemblies. Among them were representatives of Viasna, the Belarusian Helsinki Committee, the Belarusian Documentation Center, Frontline Defenders, International Partnership for Human Rights and other organisations. The police shouted at all present, intimidated them, and ordered to lie down on the floor face down. 57 people were detained without any charges, packed in the buses and brought to the Pervomaisky district police station, where their belongings were searched and their personal information recorded. The detainees were held there for two and a half hours and were released afterwards without charges. One of the detained needed medical treatment because of injuries sustained when being beaten by police. The raid of the offices of Viasna and the detention of the monitors were clearly aimed at intimidating and preventing them from observing the peaceful assembly and documenting possible violations.
The crackdown continued on 26 March, with dozens of people being detained by police as they gathered at October Square in Minsk at noon to express solidarity with those detained the day before. Among the detained on 26 March were at least one human rights defender, one civil society activist and one journalist. Representatives of national and international human rights NGOs, including members of the CSP, continue to document violations perpetrated in connection with the events of the last few days.
The detentions on 25-26 March followed the earlier detention of about 300 people, including opposition members, journalists and human rights defenders in the last few weeks. These detentions have taken place against the background of a wave of peaceful demonstrations that were carried out across Belarus since mid-February 2017 to protest against so-called “social parasites” law which imposes a special tax on those who have worked for less than six months during the year without registering as unemployed. The legislation, which has affected hundreds of thousands of people in the economically struggling country, has caused widespread dismay. On 9 March, President Lukashenko suspended the implementation of the law but refused to withdraw it, resulting in further protests. Many of those detained have been fined or arrested for up to 15 days on administrative charges related to their participation in the peaceful protests. Over two dozen people are facing criminal charges on trumped-up charges of preparation to mass riots.
Signed by the following CSP members:
Analytical Center for Inter-Ethnic Cooperation and Consultations (Georgia)
Article 19 (United Kingdom)
Association UMDPL (Ukraine)
Bir Duino (Kyrgyzstan)
Bulgarian Helsinki Committee
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Committee against Torture (Russia)
Crude Accountability (USA)
Freedom Files (Russia/Poland)
German-Russian Exchange – DRA (Germany)
Helsinki Association of Armenia
Helsinki Citizens’ Assembly – Vanadzor (Armenia)
Helsinki Committee of Armenia
Helsinki Committee for Human Rights in Serbia
Helsinki Foundation for Human Rights (Poland)
Human Rights Center of Azerbaijan
Human Rights First (USA)
Human Rights House Foundation (Norway)
Human Rights Information Center (Ukraine)
Human Rights Monitoring Institute (Lithuania)
The institute for Reporters’ Freedom and Safety (Azerbaijan/Georgia/Switzerland)
Index on Censorship (United Kingdom)
Institute Respublica (Ukraine)
International Partnership for Human Rights (Belgium)
Kazakhstan International Bureau for Human Rights and Rule of Law
The Kosova Rehabilitation Center for Torture Victims
Macedonian Helsinki Committee
Moscow Helsinki Group (Russia)
The Netherlands Helsinki Committee
Norwegian Helsinki Committee
Office of Civil Freedoms (Tajikistan)
Promo-LEX (Moldova)
Protection of Rights without Borders (Armenia)
Public Association “Dignity” (Kazakhstan)
Public Alternative Foundation (Ukraine)
Public Foundation Golos Svobody (Kyrgyzstan)
Public Verdict Foundation (Russia)
Regional Center for Strategic Studies (Azerbaijan/ Georgia)
Serbian Helsinki Committee for Human Rights
SOLIDARUS e.V. (Germany)
The Swiss Helsinki Committee
Ukrainian Helsinki Human Rights Union
Women’s International League for Peace and Freedom
World Organisation against Torture (OMCT)
Other organisations who have joined the statement:
Belarus Free Theatre
Libereco – Partnership for Human Rights (Switzerland)
We, 48 undersigned organizations from 24 countries, strongly condemn the continuing wave of detentions and harassment of peaceful protesters, journalists, human rights defenders, civil society activists, anarchists and opposition party members in Belarus.
Most of the detentions and harassment are linked to participation in peaceful protests demanding the cancellation of Presidential Decree No. 3, the so-called “social parasite” legislation, which imposes a tax on unemployed people in Belarus. Decree No. 3 obligates citizens to work a specific number of days or pay a special duty to the State under threat of arrest. This is contrary to Art. 41 of the Belarusian Constitution and violates international human rights law.
According to reports from Belarusian and international human rights organizations, as of 22 March 2017 more than 250 people have been detained since 3 March 2017, including at least 31 journalists. At least 110 people have been sentenced to 3-15 days of administrative arrest. Many of them remain in detention, while others have been subject to different forms of harassment.
We strongly condemn the fact that several detentions of peaceful protesters at different places across Belarus have been carried out with the excessive use of force by Belarusian security officers.
Several Belarusian organizations have announced a demonstration that will take place in Minsk and in other cities in Belarus on 25 March 2017. We are deeply concerned about the physical and psychological integrity of the participants of these protest marches.
As the president of Belarus we urge you:
to respect the right to peaceful assembly and expression
to ensure that there are no obstructions to the exercising of these rights in Belarus, including in relation to the planned demonstration on 25 March 2017 in Minsk and in other cities across the country
to guarantee in all circumstances the physical and psychological integrity of all peaceful protesters at the demonstration on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
to refrain from the use of excessive force by security officers on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
to ensure that journalists are able to fully exercise their professional duties, including during peaceful demonstrations
to immediately and unconditionally release all protesters, journalists, human rights defenders, civil society activists and opposition members who have been detained in connection with the current wave of demonstrations solely for peacefully exercising their right to freedom of assembly and expression
to refrain from preventively detaining journalists, human rights defenders, civil society activists, anarchists and opposition activists
to immediately stop the persecution, harassment and intimidation of those who exercise their right to freedom of assembly, expression and association and ensure these rights to all Belarusian citizens
to abolish Presidential Decree No. 3 since it violates international human rights law
Signatories:
Albanian Helsinki Committee
Analytical Center for Interethnic Cooperation and Consultations (Georgia)
Article 19 (UK)
Association UMDPL (Ukraine)
Bir Duino (Kyrgyzstan)
Bulgarian Helsinki Committee
Center for Civil Liberties (Ukraine)
Center for the Development of Democracy and Human Rights (Russia)
Charity foundation “East-SOS” (Ukraine)
Civic Belarus (Czech Republic)
CIVICUS: World Alliance for Citizen Participation, Johannesburg
Committee to Protect Journalists (USA)
Crude Accountability (USA)
FIDH, Paris
Freedom Files (Russia/Poland)
German-Russian Exchange (Germany)
Helsinki Committee for Human Rights in Serbia
Helsinki Committee of Armenia
Helsinki Foundation for Human Rights (Poland)
Human Rights Center “Postup” (Ukraine)
Human Rights Center (Azerbaijan)
Human Rights Information Center (Ukraine)
Human Rights Monitoring Institute (Lithuania)
Humanrights.ch (Switzerland)
Index on Censorship (UK)
Institute Respublica (Ukraine)
International Partnership for Human Rights (Belgium)
IRFS (Azerbaijan)
JEF Europe: Young European Federalists, Brussels
Kazakhstan Interantional Bureau for Human Rights and the Rule of Law
Kharkiv Human Rights Protection Group (Ukraine)
KRF Public Alternative (Ukraine)
Libereco – Partnership for Human Rights (Switzerland/Germany)
Macedonian Helsinki Committee
Memorial International, Moscow
Menschenrechte in Belarus e.V. (Germany)
Moscow Helsinki Group (Russia)
NESEHNUTI – Independent Social Ecological Movement (Czech Republic)
Norwegian Helsinki Committee
Ostgruppen – Swedish Initiative for Democracy and Human Rights
Promo LEX (Moldova)
Protection of Rights without Borders NGO (Armenia)