15 Mar 24 | Iran, Israel, News and features, Newsletters, Palestine, Russia
A great privilege of working at Index is, and always has been, the amazing people we get to encounter, those who look tyranny in the face and don’t cower. Iranian musician Toomaj Salehi is one such person. This week, the 2023 Index Freedom of Expression arts award winner donated the £2500 cash prize to relief funds for those affected by the floods in Iran’s Sistan and Baluchistan province in an act of extreme generosity. We were informed of the donation by his family.
Salehi, whose music rails against corruption, state executions, poverty and the killing of protesters in Iran, has spent years in and out of jail. Today he is still not free – indeed he faces a court hearing on another new charge tomorrow. Our work with him doesn’t end with the award. But what solace to know that the money will make a tangible difference to the lives of many and that jail cannot stop Salehi from his mission to make Iran a more just country.
While Salehi, and others, confront the brutal face of censorship, those in the USA and the UK are this week dealing with the finer print – who owns what. The US House of Representatives passed a bill on Wednesday that will require TikTok owner ByteDance to sell the popular video-sharing app or face a total ban. This is challenging territory. TikTok is guilty of its charges, shaping content to suit the interests of Beijing and data harvesting being the most prominent. So too are other social media platforms. If it is sold (which is still an if) we could see a further concentration of influential apps in the hands of a few tech giants. Is that a positive outcome? And how does this match up against the treatment of USA-based X? The social media platform, formerly Twitter, has Saudi Arabia’s Kingdom Holding, the investment vehicle of Prince Alwaleed bin Talal, as its second largest investor. Is the US Government holding X to the same standards?
Meanwhile, the UK government (which has expanded the definition of extremism this week in a concerning way) plans to ban foreign governments from owning British media, effectively saying no to an Abu Dhabi-led takeover of the Telegraph. We have expressed our concerns about the buyout before and these concerns remain. Still, we’d like to see the final proposal before deciding whether it’s good news.
We’ve also spoken a lot this week about the decision by literary magazine Guernica to pull an article written by an Israeli (still available via the Wayback machine here) following a staff-walk out. We stand by everyone’s right to protest peacefully, of which walking out of your office is just that. But we are troubled by other aspects, specifically redacting an article post-publication and the seemingly low bar for such a redaction (and protest), which hinged on the identity of the author and a few sentences. We can argue about whether these sentences were inflammatory – I personally struggle to see them as such – and indeed we should, because if we can’t have these debates within the pages of a thoughtful magazine aimed at the erudite we’re in a bad place.
Speaking of a bad place, Russia goes to the “polls” today.
04 Jan 24 | Asia and Pacific, Hong Kong, News and features
The desperation with which the Hong Kong authorities and, by extension, the Chinese Communist Party are trying to stifle criticism has reached new levels this week, with fresh developments in the trial of publisher Jimmy Lai.
The 76-year-old Hong Kong-British businessman and publisher has been detained since December 2020. His assets were frozen in May 2021 and his publication Apple Daily was forced to close in June the same year. He has been in prison ever since.
On 18 December 2023, Lai’s long-delayed trial on charges of sedition and collusion with foreign forces began. Lai pleaded not guilty.
Earlier this week, the prosecution presented a list of people they termed as Lai’s co-conspirators.
Among Lai’s alleged co-conspirators are Bill Browder, founder of the Global Magnitsky Justice Campaign and Benedict Rogers, founder of Hong Kong Watch, along with James Cunningham, former US consul general in Hong Kong and chairman of the Committee for Freedom in Hong Kong Foundation and Luke de Pulford, executive director of the Inter-Parliamentary Alliance on China (IPAC).
Browder and Rogers have dismissed the allegations against them.
Browder told Index this week, “I have never met or spoken to Jimmy Lai and for them to accuse me of being a co-conspirator with him or him with me is a total fabrication. It is just an indication of how illegitimate and trumped up the changes are against Jimmy Lai.”
Browder said that the charges are an indication of how China is “trying to take its authoritarian oppression international by going after people like me who have not set foot in China for 35 years”.
Benedict Rogers told Index that Lai is being punished for “daring to publish stories and opinions which Beijing dislikes; the crime of conspiracy to talk about politics to politicians; and conspiracy to raise human rights concerns with human rights organisations”.
He said, “Jimmy Lai is, as the head of his international legal team Caoilfhionn Gallagher KC puts it so brilliantly, charged with the crime of conspiracy to commit journalism.”
Rogers said his supposed conspiracy with Lai is nothing more than journalism.
“Citing a message from Mr Lai to me, requesting me to ask whether the last governor of Hong Kong Lord Patten would provide a comment to journalists from his newspaper, as evidence of a crime signals that the normal, legitimate, day-to-day work of journalists in Hong Kong is no longer possible. Journalism is not a crime, but in Hong Kong it now is,” he said.
Despite the flimsy nature of the charges against the alleged co-conspirators, Browder said his naming along with others in the court case is “a very real threat”.
“The Hong Kong authorities have come up with the national security law and are saying that Jimmy Lai has conspired with others to violate that law and there are criminal punishments. I can imagine a scenario in which the authorities decide to issue Interpol Red Notices against me, Benedict Rogers, Luke de Pulford and others and request assistance. This is what dictators and authoritarian governments do,” he said.
Browder is no stranger to being singled out by authoritarian regimes abusing the Interpol system.
Browder, through his Hermitage Capital Management fund, was once the largest foreign investor in Russia. In 2005, Browder was denied entry to the country and labelled as a threat to national security for exposing corruption in Russia.
Three years later, Browder’s lawyer Sergei Magnitsky uncovered a $230 million fraud involving government officials and was arrested, thrown in jail without trial and kept in horrendous conditions. A year later, Magnitsky died.
Browder has since led the Global Magnitsky Justice Campaign which seeks to impose targeted visa bans and asset freezes on human rights abusers and highly corrupt officials.
In the time since, Russia has called on Interpol eight times to issue red notices against Browder.
“Interpol has for a long time been the long arm of dictators to pursue their critics and opposition politicians. I have been a poster child of that in relation to Russia. We know that China and other countries, such as Iran and Saudi Arabia, regularly abuse Interpol and Interpol doesn’t seem to have the controls and mechanisms in place for weeding out these illegitimate red notices,” he said.
As a result of Russia’s use of Interpol’s red notices, Browder said that it has closed off 95% of the world for him and that little will change if Hong Kong goes down the same route.
“It won’t change anything for me but will change things for all other people who have been named,” he said.
Browder said the case against Lai is abusive and he should be released immediately, adding: “This needs a robust response from the British Government. You can’t have a bunch of British citizens being threatened for nothing other than expressing their political opinions.”
Before Christmas, the recently appointed foreign secretary and former prime minister David Cameron called on Hong Kong to release Lai. Cameron said in a statement, “Hong Kong’s national security law is a clear breach of the Sino-British joint declaration. Its continued existence and use is a demonstration of China breaking its international commitments.”
Asked whether the new foreign secretary, who has a record of striving for a closer relationship with China from his previous time in office, would be the person to provide that robust response, Browder said: “I think we are living in a different world vis a vis China and I am confident he will do the right thing here.”
14 Nov 23 | News and features, Northern Ireland, Scotland, United Kingdom, Wales
Over seven years after he left office, former UK Prime Minister David Cameron, now Lord Cameron, has returned to frontline British politics after being appointed Foreign Secretary by current Prime Minster Rishi Sunak. As prime minister, Cameron often overlooked human rights issues. He hosted Egyptian President General Abdel Fattah el-Sisi less than two years after Sisi’s forces, as defence minister, killed 800 unarmed protesters at Rabaa al-Adawiya square in Cairo. He was also accused of secret vote-trading deals with Saudi Arabia so both states would be elected to the UN Human Rights Council. At home, Cameron angered civil rights groups by vowing to scrap the Human Rights Act. And he rolled out the red carpet when Chinese leader Xi Jinping came to the UK, even enjoying a pint and fish and chips with Xi. That was in 2015, just days after Gui Minhai, a Hong Kong bookseller, disappeared in Thailand only to later appear in a Chinese prison.
But let’s not look back. Let’s look forward. Below are some of the key areas, from a free speech perspective, that Index hope Cameron will urgently address:
Call China out on all violations
From a self-described “golden era” of ties with China during his premiership to accepting a role as vice-president of a £1 billion China-UK investment fund after his resignation, Cameron’s relationship with the country has long been close. As recently as September, Cameron spoke at two glitzy events in support of Colombo Port City, a Chinese-funded, multibillion-dollar project to build a metropolis in the Indo-Pacific which critics fear could become a Chinese military outpost. With these links in mind, questions may be raised about Cameron’s suitability in dealing with the Chinese government as Britain’s top diplomat – all of which is very worrying as China’s human rights record goes from bad to worse. Within the country, millions of Uyghurs have disappeared into a network of prisons and camps. Scores of feminist activists, journalists and human rights defenders also reside in jail. Then there is Hong Kong, where the erosion of human rights has been staggering in scope and pace. And as illustrated by our Banned by Beijing reports, China’s long arm is reaching into Europe and the UK where a number of Hong Kong, pro-democracy activists reside. These activists currently have arrest warrants issued against them by the Hong Kong Police Force which have been described as a “Chinese Fatwa”.
A cross-party group of MPs urged the government to block a planned visit to the UK by a senior Chinese official accused of overseeing the violations in Xinjiang in February and we think Cameron should push further by directly pressuring the Chinese authorities. Let’s not trade in human rights for, well, trade.
Specifically mention Jimmy Lai
Jimmy Lai is a Chinese-born, pro-democracy newspaper publisher and activist who is also a British citizen. Currently imprisoned in Hong Kong and in solitary confinement, Lai was charged with violating Hong Kong’s National Security Law for colluding with foreign forces. He was also charged with fraud, sedition and organising and participating in an unlawful assembly and is still awaiting trial for serious national security charges. His case exemplary of the crackdown on free speech and assembly in Hong Kong and his imprisonment has been condemned by human rights group around the world. This summer James Cleverly, the former Foreign Secretary, had brought up Lai’s case when he met with China’s Vice President. We urge Cameron to continue pushing for Lai’s release.
Also mention Alaa Abdel Fattah
Another activist who is currently imprisoned abroad, like Lai Egyptian Alaa Abdel Fattah is a British citizen. Abdel Fattah went on hunger strike in prison in Egypt in 2022 in protest at the conditions he is being held in. A blogger and pro-democracy activist, he is one of the best known of Egypt’s 60,000 political prisoners and is currently serving a five-year-prison sentence for allegedly “spreading false news”, a charge which human rights groups worldwide have condemned as false. The Egyptian authorities continually refuse to recognise Abdel Fattah’s British citizenship and allow embassy officials to see him, something which Index believes Cameron should raise immediately.
No more camping trips with Saudi Arabia
As recently as 2018, just months after the murder of journalist Jamal Khashoggi in Istanbul by Saudi-sanctioned assassins, Cameron was pictured with Saudi Crown Prince Mohammed bin Salman on a camping trip in the Saudi Arabian desert. With Saudi Arabia’s Specialised Criminal Court (SCC) handing extremely harsh prison and death sentences to human rights defenders, and indigenous tribes being displaced from their settlements, imprisoned and even killed, Cameron needs to put aside this personal relationship to challenge Saudi Arabia on its human rights record and treatment of human rights defenders.
Like China, Saudi Arabia has also been accused of transnational repression on UK soil. Take Ghanem al Masarir as an example. A prominent satirist and regime critic, al Masarir is suing Saudi Arabia in the UK. At the centre of his case are allegations that he was physically assaulted by agents of the kingdom in London in 2018 and that Saudi Arabia ordered the hacking of his phone. The outcome of the case will have profound implications for individuals targeted by spyware in the UK and likely the UK’s relationship with Saudi Arabia.
Press for press freedom in Israel-Hamas conflict
With the devastating conflict between Israel-Hamas still relatively new, Cameron will understandably have a lot to deal with. Index urges him to keep a close eye on the free speech situation there, such as the potential closure of the local bureau of Al Jazeera in Israel, which the country has indicated it will hold off from, and the broader media freedom landscape in both Israel and Gaza. We’ve outlined other free speech challenges here and again we hope Cameron doesn’t shy away from those that fall within his remit.
Avoid Trump cards
Assuming Cameron remains in place for more than a year, which is a big assumption given the current turnover within the Conservative Party (not to mention a potential UK general election), he’ll be in place for the next US election. The battle is already heating up and former US President Donald Trump is doing what he does best – firing verbal missiles at his opposition and critics. On Saturday at a rally in New Hampshire, Trump said he’d “root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections,” once again repeating his false claim of election fraud depriving him of a win in 2020. It’s hard to forget that incredibly awkward handshake between Trump and the late Queen Elizabeth II and the Trump era certainly tested the UK and USA’s “special relationship”. So what will our special relationship look like if Trump is voted back in?
13 Oct 23 | Israel, News and features, Palestine
The events of the last week have been horrific. We won’t rehash them here — the videos, photos and details coming out of the Middle East are everywhere you look. For an organisation that campaigns for free speech, we have struggled to find words to respond to the mounting loss of life and the horrendous accounts that emerge every day. But at Index our job is not to report on all of this. Instead our job is to uphold free expression, and to alert the world to the instances where this has been curtailed. So that’s what we’ll do. Here are the free speech issues we are most concerned about:
Killed and missing journalists
Amid the deaths of civilians, journalists are losing their lives. While there’s nothing to suggest that the journalists are being specifically targeted, their lack of protection is of huge concern, both for them and for the knock-on effect for media freedom more broadly. The Committee to Protect Journalists has reported that at least 10 journalists have been killed so far. The first was Yaniv Zohar, an Israeli photographer working for the Israeli Hebrew-language daily newspaper Israel Hayom, who was killed alongside his wife and two daughters during the Hamas attack on Kibbutz Nahal Oz in southern Israel on 7 October. Israel Hayom’s editor-in-chief has said that Yaniv was working that day. Nine Palestinian journalists have also been confirmed dead as of yesterday and one Israeli journalist is reported missing.
Protest bans
Across the world, buildings are being lit up with blue and white, while green, white, black and red flags are being held aloft in protest. While these vigils and protests are being enacted, so too are calls to shut them down. In the UK, home secretary Suella Braverman suggested waving Palestinian flags might be a criminal act (depending on the context) and told police chiefs to be on “alert and ready to respond to any potential offences”. In France, the interior minister yesterday announced a systematic ban on pro-Palestinian demonstrations. Police have also warned against pro-Palestine rallies in Sydney, after some people chanted antisemitic slogans at a previous demonstration. The Sydney event organisers have distanced themselves from those people and said: “This behaviour has no place at these rallies.” Meanwhile, police in Sydney placed restrictions on Jewish people by warning them to stay at home while that first rally went ahead, and even arrested a man who was carrying an Israeli flag for “breach of the peace”.
There are certain areas that fall into “grey free speech” areas. Protest is usually not one of them. Only sometimes it is. The office was divided, for example, on whether there should be restrictions on protest outside abortion clinics. Today we are similarly divided. The Times argues here that some protests are making the leap from a peaceful right to expression to hate crimes. The Daily Beast argues the opposite and that these bans would erode our free speech rights.
Internet interruptions
This week we’ve heard reports of social media accounts being suspended or blocked. NetBlocks, a former Index award-winner which maps media freedom, has also reported on declining internet connectivity in areas of both Israel and Palestine, after attacks and counter-attacks. In Gaza, a total blackout is anticipated if further internet infrastructure is damaged, making access to social media all but impossible before the apps are even opened. As we reported when Erdogan cut off access to social media following the Turkey earthquakes, access to the internet and these platforms is crucial during times of disaster and war. It can be a lifeline, connecting people to aid as well as to their loved ones.
Misinformation multiplied
On Wednesday, Bellingcat founder Eliot Higgins called out a video seemingly from the BBC being circulated by Russian social media users, which claimed Ukraine was smuggling weapons to Hamas. The video was entirely fake. Others have highlighted video after video claiming to be footage of Israel bombing Gaza or Hamas airstrikes on Israel, which are in fact a combination of Assad airstrikes in Syria, fireworks in Algeria and even video game footage. Both faked and reappropriated content are running rampant on X (formerly Twitter), which is not necessarily anything new. But a Wired report suggests that the scale of the problem is new. Boosted posts from premium subscribers take precedence over once-verified news providers and hordes of fired misinformation researchers now spend their time updating their CVs rather than fighting fake news on the platform. And in an added twist fake news to smear both Muslims and Jews is also running rampant behind China’s Great Firewall on Sina Weibo.
Fair journalism
Getting news from on the ground is a huge challenge in this conflict, and it’s in that vacuum that the kind of misinformation we just outlined takes hold. So it’s all the more concerning that Israel’s public broadcaster Kan News reported that the Israeli cabinet is planning emergency legislation to ban Al Jazeera, which does have a presence on the ground in Gaza. This is not the first time Israel has announced a ban on the network. Back in 2017 Israel looked set to join a boycott by Jordan, Egypt, the United Arab Emirates and Saudi Arabia, which all accused the network of sponsoring terrorism. Relationships between Al Jazeera and Israel have also been very strained since the May 2022 killing of Al Jazeera correspondent Shireen Abu Akleh. But if Al Jazeera is banned, one of the few media outlets reporting from within Gaza will go silent.
We know that conflicts can deal a blow to free expression. At Index we are here to ensure that doesn’t happen, or at least if it does happen that it doesn’t go unnoticed. We will continue to monitor the situation closely.
