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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.”
As Taiwan gears up for the presidential and legislative election on 13 January, the Chinese government is also ramping up its efforts to interfere. From sponsored trips to China for local leaders, economic coercion, fake opinion polls, and disinformation campaigns, some analysts say the wide-ranging tactics that Beijing has unleashed will have an impact on the election’s outcome.
In recent weeks, Taiwanese authorities have launched investigations into several cases of individuals attempting to sway voters by inviting local borough chiefs and village leaders on group tours to China. These trips are partially sponsored by local Chinese authorities.
During the trips, participants were allegedly encouraged by officials from China’s propaganda department to vote for political parties and candidates favoured by Beijing. At least one man has been indicted while several others are facing ongoing investigations.
Apart from sponsored trips, Beijing also rolled out coercive economic measures to pressure Taiwan, suspending tariff relief on imports of 12 Taiwanese petrochemical products, and blaming it on the trade barriers enacted by Taiwan’s ruling Democratic Progressive Party.
“Since 2023 is a major year of cross-strait exchange for China, Chinese authorities have devoted a lot of resources to facilitate influence campaigns against Taiwan,” Puma Shen, chairperson of Taipei-based research group Doublethink Lab, told Index on Censorship. “They want to make sure that Taiwanese people feel threatened but also are not too afraid of the influence campaigns from China.”
The most recent example of China’s influence campaign is an investigation into alleged lip-sync by popular Taiwanese rock band Mayday, a practice that is banned for live musicians in China. A Taiwanese security agency internal memo claims the investigation is Beijing’s attempt to pressure the rock band into publicly supporting the position that Taiwan is a part of China.
Shen from Doublethink Lab said Taiwanese people who have huge financial stakes in China, such as artists and businessmen, often become targets of China’s influence campaign. “Even though they are earning money in China, they are more like victims,” he said.
Multi-pronged cognitive warfare
In addition to economic coercion and influencing local politicians, some experts say China has also launched multi-pronged cognitive warfare against Taiwan ahead of the election, amplifying narratives criticising the ruling party through state media outlets and initiating disinformation campaigns on social media platforms, including TikTok, YouTube and Facebook.
Over the last few months, China’s state-run media outlets have repeated the narrative that the ruling Democratic Progressive Party (DPP) is pushing Taiwan to the brink of war with its efforts to pursue “Taiwan independence”. The narrative resonates with criticisms against the DPP by opposition candidates in Taiwan, who have repeatedly accused DPP’s presidential candidate, Lai Ching-te, of being “the golden child of Taiwan independence.”
There are also signs that Chinese state media and online troll groups are amplifying narratives aimed at damaging the image and credibility of the Taiwanese government, including controversial domestic issues such as the de-sinicization of Taiwan’s curriculum and scepticism toward the Taiwanese government’s deepened relations with the USA.
According to Taiwan AI Labs, online troll groups have mirrored narratives promoted by Chinese state media, including the People’s Daily, Haiwainet, Xinhua News Agency, Global Times, and China Central Television (CCTV). While there is no direct evidence to prove that China is behind all online troll groups, Taiwan AI Labs said their behaviours fit the criteria of autocratic countries’ interference in democratic elections.
“Since the online troll groups promote narratives about Taiwanese domestic issues and U.S. President Joe Biden and there is a high similarity between the narratives they promote and the narratives preferred by Chinese state media, we can conclude that it fits the methods that autocratic countries use to interfere in democratic elections,” Ethan Tu, the founder of Taiwan AI Labs, said.
Compared to China’s efforts to interfere in previous Taiwan elections, it is becoming harder to determine whether disinformation targeting the upcoming Taiwanese election originates from China or not.
“This time around, it’s very difficult to determine whether the disinformation originates from China or is created by actors within Taiwan,” Chiaoning Su, an associate professor in communication, journalism, and public relations at Oakland University, told Index on Censorship.
In her view, China has built up a better understanding of public opinion in Taiwan and they realise that for efforts of election interference to work, the narratives they amplify need to match the trend in Taiwan’s public opinion.
“The way that China is amplifying social economic issues such as the controversy of lack of eggs or the debate about reducing the amount of ancient Chinese literature in the curriculum shows that their efforts to initiate disinformation campaign are becoming more localised and harder to trace,” Su said.
Shen from Doublethink Lab said one of the main goals of China’s disinformation campaign is to denigrate democracy. “They want to show the Taiwanese public that Taiwan’s democracy is a mess and that while the DPP claims to protect democracy and freedom, in the end, it is not democratic and free at all,” he told Index on Censorship.
Since Taiwan is a democracy that values freedom of speech, Shen thinks Taiwanese authorities need to deal with the threats that come with China’s election interference through ways that will safeguard Taiwanese people’s freedom of expression, by specifically identifying remarks which originate from sources external to Taiwan.
“Otherwise, they will fall into China’s trap,” he said.
The Winter 2023 issue of Index looks at how comedians are being targeted by oppressive regimes around the world in order to crack down on dissent. In this issue, we attempt to uncover the extent of the threat to comedy worldwide, highlighting examples of comedians being harassed, threatened or silenced by those wishing to censor them.
The writers in this issue report on example of comedians being targeted all over the globe, from Russia to Uganda to Brazil. Laughter is often the best medicine in dark times, making comedy a vital tool of dissent. When the state places restrictions on what people can joke about and suppresses those who breach their strict rules, it's no laughing matter.
Still laughing, just, by Jemimah Steinfeld: When free speech becomes a laughing matter.
The Index, by Mark Frary: The latest in the world of free expression, from Russian elections to a memorable gardener
Silent Palestinians, by Samir El-Youssef: Voices of reason are being stamped out.
Soundtrack for a siege, by JP O'Malley: Bosnia’s story of underground music, resistance and Bono.
Libraries turned into Arsenals, by Sasha Dovzhyk: Once silent spaces in Ukraine are pivotal in times of war.
Shot by both sides, by Martin Bright: The Russian writers being cancelled.
A sinister news cycle, by Winthrop Rodgers: A journalist speaks out from behind bars in Iraqi Kurdistan.
Smoke, fire and a media storm, by John Lewinski: Can respect for a local culture and media scrutiny co-exist? The aftermath of disaster in Hawaii has put this to the test.
Message marches into lives and homes, by Anmol Irfan: How Pakistan's history of demonising women's movements is still at large today.
A snake devouring its own tail, by JS Tennant: A Cuban journalist faces civic death, then forced emigration.
A 'seasoned dissident' speaks up, by Martin Bright: Writing against Russian authority has come full circle for Gennady Katsov.
And God created laughter (so fuck off), by Shalom Auslander: On failing to be serious, and trading rabbis for Kafka.
The jokes that are made - and banned - in China, by Jemimah Steinfeld: Journalist turned comedian Vicky Xu is under threat after exposing Beijing’s crimes but in comedy she finds a refuge.
Giving Putin the finger, by John Sweeney: Reflecting on a comedy festival that tells Putin to “fuck off”.
Meet the Iranian cartoonist who had to flee his country, by Daisy Ruddock: Kianoush Ramezani is laughing in the face of the Ayatollah.
The SLAPP stickers, by Rosie Holt and Charlie Holt: Sometimes it’s not the autocrats, or the audience, that comedians fear, it’s the lawyers.
This great stage of fools, by Danson Kahyana: A comedy troupe in Uganda pushes the line on acceptable speech.
Joke's on Lukashenka speaking rubbish Belarusian. Or is it?, by Maria Sorensen: Comedy under an authoritarian regime could be hilarious, it it was allowed.
Laughing matters, by Daisy Ruddock: Knock knock. Who's there? The comedy police.
Taliban takeover jokes, by Spozhmai Maani and Rizwan Sharif: In Afghanistan, the Taliban can never by the punchline.
Turkey's standups sit down, by Kaya Genç: Turkey loses its sense of humour over a joke deemed offensive.
An unfunny double act, by Thiện Việt: A gold-plated steak and a maternal slap lead to problems for two comedians in Vietnam.
Dragged down, by Tilewa Kazeem: Nigeria's queens refuse to be dethroned.
Turning sorrow into satire, by Zahra Hankir: A lesson from Lebanon: even terrible times need comedic release.
'Hatred has won, the artist has lost', by Salil Tripathi: Hindu nationalism and cries of blasphemy are causing jokes to land badly in India.
Did you hear the one about...? No, you won't have, by Alexandra Domenech: Putin has strangled comedy in Russia, but that doesn't stop Russian voices.
Of Conservatives, cancel culture and comics, by Simone Marques: In Brazil, a comedy gay Jesus was met with Molotov cocktails.
Standing up for Indigenous culture, by Katie Dancey-Downs: Comedian Janelle Niles deals in the uncomfortable, even when she'd rather not.
Your truth or mine, by Bobby Duffy: Debate: Is there a free speech crisis on UK campuses?
All the books that might not get written, by Andrew Lownie: Freedom of information faces a right royal problem.
An image or a thousand words?, by Ruth Anderson: When to look at an image and when to look away.
Lukashenka's horror dream, by Alhierd Bacharevič and Mark Frary: The Belarusian author’s new collection of short stories is an act of resistance. We publish one for the first time in English.
Lost in time and memory, by Xue Tiwei: In a new short story, a man finds himself haunted by the ghosts of executions.
The hunger games, by Stephen Komarnyckyj and Mykola Khvylovy: The lesson of a Ukrainian writer’s death must be remembered today.
The woman who stopped Malta's mafia taking over, by Paul Caruana Galizia: Daphne Caruana Galizia’s son reckons with his mother’s assassination.
2023 has been a year with more news than days. Every corner of the world is a cacophony of broadcasts describing horror, injustice, sorrow and pain. There are times when you just want to cover your ears, close your eyes and hope for peace in all senses of the word. But in this barrage of bulletins dictators thrive.
Whilst the United Nations scrutinises the Israel-Hamas war, the United States Congress holds crunch talks over the future of funding for Ukraine in its defence and Beijing gears up for the trial of Jimmy Lai, Putin lurks in the shadows. His nefarious and nihilistic plots continue their march to his single goal of power at all costs. This week Vladimir Putin announced that he will be seeking yet another term as President of the Russian Federation. He boasts that he will hold polls in the occupied territories he illegally invaded in Ukraine and brushes over the matter he is riding roughshod over the Russian constitution once again.
However, Putin’s determination to cling to power can only happen when he oppresses and silences dissidents. The latest victim of the Russian President’s tyranny is Russian-American journalist Masha Gessen. The trumped-up charges from the Kremlin are “spreading false information about the Russian army”. This is the latest crackdown on dissent being undertaken by the Russian state.
This week we also heard that lawyers for Alexei Navalny have been unable to contact the Russian opposition leader. His legal team have made two attempts to reach the two penal colonies where they believe Navalny is being held. Neither of the colonies have responded to the requests for information. Only last week the jailed Russian opposition leader fell ill within prison and was due to appear in court again this week.
Another thorn in the side of Putin, the former member of a Moscow municipal council Alexei Gorinov, has grown ill whilst incarcerated for seven years in prison. Gorinov no longer has the strength to sit up or even speak.
Gessen, Navalny and Gorinov all reflect the autocratic approach by Putin to his critics: imprisonment, abuse, and hunting down those who are able to escape. Whether you are a journalist, politician or member of the public in Putin’s Russia you are at risk of the whims of a man who yearns only for more control.
Whilst war rages in Ukraine it is easy to lose sight of the dissidents saying loudly that the Russian state doesn’t act in their name. During turbulent times it’s all too easy for us to be deafened by events and for dissidents' voices to be muffled. We cannot allow that to happen and as long as Index on Censorship exists we will give a megaphone to those fighting for freedom of expression to ensure you can hear what they are saying.
To finish - as we reach the end of 2023 - the only thing I can really promise you is that the team at Index will be required to keep fighting for dissidents in 2024 - and that will do our job with the dedication and commitment that you expect from us.
So from the team at Index - we wish you well over the holidays and hope for a much better 2024.