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[vc_row][vc_column][vc_column_text]Governments are using the Covid-19 crisis to change freedom of information laws and, unless we are very careful, important stories could get unreported. Since the beginning of the crisis, governments from Brazil to Scotland have made changes to their FOI laws; some of the changes are rooted in pragmatism at this unprecedented time; others may be inspired by more sinister motives.
FOI laws are a vital part of the toolkit of the free media and form a strong pillar that supports the functioning of open societies.
According to a 2019 report by Unesco – published some two and a half centuries after the first such law was introduced in Sweden – 126 countries around the world now have freedom of information laws. These typically allow journalists and the general public the right to request information relating to decisions made by public bodies and insight into administration of those public bodies.
US president Thomas Jefferson once wrote: “Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights.”
Now in this time of crisis, freedom of information processes are being shut down, denied unless they relate specifically to the crisis or the deadlines for responses are being extended.
When the Covid-19 crisis first erupted, we made a decision to monitor attacks on media freedom. It wasn’t just a random idea; we know that in similar times of crisis, repressive governments often attack the work that journalists do – sometimes the journalists themselves – or introduce new legislation they have wanted to do for some time and now see a time of crisis as an opportunity to do so without proper scrutiny.
Since the start of the crisis, we have been collecting reports on attacks on media freedom through an innovative, interactive map. More than 125 incidents have been reported by our readers, our network of international correspondents, our staff in the UK and our partners at the Justice for Journalists Foundation. Many relate to changes to FOI legislation.
Let us be clear there can be legitimate reasons for amending legislation in times of international crisis. With many public officials forced to work from home, many do not have access to the information they need or the colleagues they need to consult to be able to answer journalists’ requests. Others need more time to be able to put together an informed response.
Yet both restrictions and delays are worrying. They allow politicians and public bodies to sweep information that should be freely available and subject to wider scrutiny under the carpet of coronavirus. News that is three months old is, very often, no longer news.
In its Coronavirus (Scotland) Bill, the Scottish government has agreed temporary changes to the Freedom of Information (Scotland) Act 2002 that extend the deadlines for getting response to information requests from 20 to 60 working days. The initial draft wording sought to allow some agencies to extend this deadline by a further 40 days “where an authority was not able to respond to a request due to the volume and complexity of the information request or the overall number of requests being dealt with by the authority”. However, this was removed during the reading of the bill following concerns raised by the Scottish information commissioner.
The bill was passed unanimously on 1 April and became law on 6 April. As it stands the new regulations remain in force until 30 September 2020 but can be extended twice by a further six months.
In Brazil, President Jair Bolsonaro has issued a provisional measure which means that the government no longer has to answer freedom of information requests within the usual deadline. Marcelo Träsel of the Brazilian Association of Investigative Journalism says the measure is “dangerous” as it gives scope for discretion in responding to requests.
The decree compelled 70 organisations to sign a statement requesting the government not to make the requested changes, saying “we will only win the pandemic with transparency”.
Romania and El Salvador are among the other countries which have stopped FOI requests or extended deadlines. By contrast, countries such as New Zealand have reocgnised the importance of FOI even in a crisis. The NZ minister of justice Andrew Little tweeted: “The Official Information Act remains important for holding power to account during this extraordinary time.”
FOI law changes are not the only trends we have noticed.
Index’s deputy editor Jemimah Steinfeld has noted how world leaders are ducking questions on coronavirus while editorial assistant Orna Herr has written about how the crisis is providing pretext for Indian prime minister Narendra Modi to increase attacks on the press and Muslims.
If you are a journalist facing unreasonable delays in receiving information from public bodies at this time, do report it to us at bit.ly/reportcorona.[/vc_column_text][/vc_column][/vc_row]
[vc_row][vc_column][vc_single_image image=”113057″ img_size=”full” add_caption=”yes”][vc_column_text]Donald Trump tells a US reporter that her questioning is “horrid”, Jair Bolsonaro dismisses Covid-19 as a media conspiracy and the Spanish prime minister is petitioned by over 400 journalists to answer more questions. These incidents from leaders of the USA, Brazil and Spain are part of an emerging trend we are tracking on the Index on Censorship global map monitoring media freedom violations during the coronavirus pandemic. The map has been put together by our staff, our contributors and readers as well as our partners at the Justice for Journalists Foundation.
Several leaders around the globe are finessing the art of question evasion during this critical time, as highlighted by the map. In fact, some leaders have gone as far as supporting this kind of behaviour with legislation. Brazil’s President Jair Bolsonaro has issued a provisional measure which means that the government no longer has to answer freedom of information requests within the usual deadline. Marcelo Träsel of the Brazilian Association of Investigative Journalism has called the measure “dangerous” as it gives scope for discretion in responding to requests.
The measure comes after weeks of Bolsonaro being questioned about his own health following a visit to the USA in which more than 20 people in his entourage tested positive for coronavirus after. When pressed on whether he too has it, he has made claims that he has had two negative tests, but refuses to show the results of either. To this day Brazilians don’t know whether he has the virus or not. Bolsonaro has also repeatedly dismissed coronavirus as “just a little flu”, “a bit of a cold” and as a media trick.
US President Trump has his own distraction technique when it comes to journalist questions – defensiveness and lashing out. Just this week, when asked about testing failures by Fox News reporter Kristen Fisher he responded: “You should say ‘congratulations, great job,’ instead of being so horrid in the way you ask a question.”
He’d employed similar words a few weeks earlier when NBC News journalist Peter Alexander asked: “What do you say to Americans, who are watching you right now, who are scared?”
“I say that you’re a terrible reporter. That’s what I say. I think it’s a very nasty question and I think it’s a very bad signal that you’re putting out to the American people,” he replied.
Another way of dodging the question is simply to deny coronavirus’ existence. Turkmenistan is excelling here. Reports have swirled around the internet that the word “coronavirus” is forbidden in Turkmenistan. Upon investigating, Index have not found sufficient evidence of this. What we have found evidence of though are credible reports that the virus is indeed in the country and has taken lives. A well-known writer from Turkmenistan has told Index that while the word coronavirus is not forbidden (and indeed is occasionally used by President Gurbanguly Berdymukhamedov himself on television), “the Turkmen government completely denies that coronavirus is present in the country”.
“At the same time, according to alternative information from the inside, in Turkmenistan, dozens of people die from the coronavirus daily since mid-March. However, everyone who dies of coronavirus gets another devised diagnosis, e.g. influenza, high blood pressure, food poisoning and so on,” he said.
This trend is deeply troubling. Knowing as much about a deadly, incredibly contagious virus that is spreading in your country is essential information. Journalists have every right to ask questions about it and should be receiving honest, accurate information in return. When these leaders withhold and barriers are put up, the situation is exacerbated and more people’s lives are put at risk.
Of course when it comes to some of the leaders and governments, their reluctance to engage with the media is nothing new. Bolsonaro has appeared on Facebook raging against journalists several times in the year he has been in power, while Trump has famously kicked media out of the room. But coronavirus has given a new lease of life to these tactics – with consequences that will become more devastating as the days pass.
Fortunately, there has been pushback. In Spain, politicians’ refusal to engage with media has led to an open letter being signed by over 400 Spanish journalists. They asked the government to revise the new policy which demands questions to be sent to the press secretary, who can chose to ask them, or not, thereby impacting journalists’ ability to hold power to account. And MEPs in Europe have said they will keep an eye on legislation that is being passed in EU member states in the name of coronavirus to ensure that it is proportionate, justified and doesn’t hamper human rights.
We hope these measures are effective at curtailing this trend. There is no good time to shut out and attack the media, not least during a global pandemic. In the meantime, we’ll continue to map.
If you know of any incidents of attacks against the media as a result of coronavirus, please report them to our map here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]
[vc_row][vc_column][vc_custom_heading text=”In the winter 2019 issue of Index on Censorship magazine, editor-in-chief Rachael Jolley argues that a new generation of democratic leaders is actively eroding essential freedoms, including free speech” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]
[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column_inner][vc_column_inner width=”3/4″][vc_custom_heading text=”And that’s the lesson for media everywhere. Don’t let them divide and rule you” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column_inner][/vc_row_inner][vc_column_text]
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[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”How macho leaders hide their weakness by stifling dissent, debate and democracy” font_container=”tag:h3|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2019%2F12%2Fmagazine-big-noise-how-macho-leaders-hide-weakness%2F|||”][vc_column_text]The winter 2019 Index on Censorship magazine looks at how male leaders around the world are using masculinity against our freedoms[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner][vc_single_image image=”111045″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2019/09/magazine-border-forces-how-barriers-to-free-thought-got-tough/”][/vc_column_inner][/vc_row_inner][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Subscribe” font_container=”tag:h3|text_align:left”][vc_row_inner][vc_column_inner][vc_column_text]In print, online. In your mailbox, on your iPad.
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Venice is drowning, Brazil is burning, the ice caps are melting. With these stark realities, the age of climate change denial might finally be coming to a close. But don’t rejoice just yet. The climate conversation still has a way to go. At the recent COP25 meeting in Madrid, Brazil and Saudi Arabia tried to block the words “climate urgency” being used in the UN. But censorship is just the bluntest of many tools being employed to silence climate activists…