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[vc_row][vc_column][vc_column_text]Index on Censorship condemns the sentence handed down to Amal Fathy – an Egyptian woman who made a video about her experience of sexual harassment.
Fathy, an actor and former activist, was given a suspended sentence of two years in prison and fined on charges of “spreading false news” after uploading a video to her Facebook account describing how she was sexually harassed during a visit to her bank.
Two days after the post, Egyptian security forces raided her home and arrested Fathy along with her husband and young son.
Fathy, whose husband Mohamed Lotfy is co-founder of the Egyptian Commission for Rights and Freedoms (ECRF), faces a second trial in which she is accused of being a member of a terrorist organisation.
“This sends a terrifying message to young women in Egypt: speak about abuse and you’ll be the one imprisoned, not your abuser,” said Index on Censorship chief executive Jodie Ginsberg. “Index, along with international human rights lawyers Doughty Street Chambers and ECRF – the 2018 Index on Censorship Freedom of Expression Awards fellow for campaigning – have lodged complaints about Amal Fathy’s treatment with the UN rapporteurs on freedom of expression and human rights defenders, as well as the UN working group on arbitrary detention.”[/vc_column_text][vc_basic_grid post_type=”post” max_items=”12″ element_width=”6″ grid_id=”vc_gid:1538397460495-cbacd412-d443-9″ taxonomies=”147, 25926, 24135″][/vc_column][/vc_row]
[vc_row][vc_column][vc_single_image image=”99932″ img_size=”full” add_caption=”yes”][vc_column_text]There was never any illusion that Egypt’s 2018 election would either be free or fair. The result was always going to mean a return to power for President Abdel Fattah el-Sisi. And with a Sisi emboldened by victory, the human rights violations that followed were equally as predictable.
“It’s a lot more difficult these days,” Ahmad Abdallah, head of the board of trustees of the Cairo-based Egyptian Commission for Rights and Freedoms, winner of the 2018 Index on Censorship Freedom of Expression Award for Campaigning, tells Index. “Since the election we’ve seen a lot of arrests of political activists and human rights defenders, along with bloggers and journalists.”
On 21 May Haytham Mohamadeen, a lawyer and labour rights defender, who offers pro-bono legal aid to workers, was arrested pending investigation on charges of “aiding a terrorist organisation” and “calling for illegal protests”. Members of the opposition were arrested, including former diplomat Maasoum Marzouk, who, along with six other opposition figures, was arrested in Cairo ahead of planned anti-government protests. They were accused of “aiding a terrorist group” and “participating in a criminal agreement with the purpose of committing a terrorist crime”.
“Lots of people are now being detained who wouldn’t have previously been detained, including former supporters of Sisi,” Abdallah says.
The arrests have also hit quite close to home for ECRF. In May Amal Fathy, an activist and wife of a co-founder of the organisation, Mohamed Lotfy, was arrested along with her husband and two-year-old son in the middle of the night for a video she posted to Facebook criticising sexual harassment, of which she herself is a victim.
While Lofty and their son were soon released, Fathy was charged with crimes that include membership in a terrorist organisation, calling for terrorist acts and spreading false news that “damages the public order and harms national security”.
“Amal was ill even before jail, but her imprisonment has only made her medical situation worse,” Abdallah says. “We cannot provide her with the medications she needs while in jail, so day after day her situation is getting worse. And for what? She has done nothing — nothing at all. She simply expressed herself, and we are now unfortunately seeing what happens when someone speaks out.”
Abdallah can see firsthand that Lofty and their son are suffering also. “Lofty is usually the most active person, a spark of hope for everyone, but you can see how Amal’s detention has affected him because they are soul mates,” he says. “But Lofty is strong — he will get through this dark period.”
Index, in partnership with Doughty Street Chambers, have helped with Fathy’s case and have filed complaints to the United Nations Working Group on Arbitrary Detention and to the UN rapporteurs on freedom of expression and human rights defenders, which Abdallah says has been very helpful.
“We’ve expected a lot from Doughty Street and they have done a lot,” he says. “They’ve been absolutely great in their work for Amal, and she is happy with it; even though they don’t know her personally, it gives her hope and strength in prison.”
On Saturday 29 September, a court gave Fathy a two-year-suspended sentence and a fine for “spreading fake news”. The court also fined her 10,000 Egyptian pounds (£430). According to Reuters, her lawyer said she would appeal the verdict.
The Egyptian activist Haitham Mohamedeen, who works as a lawyer with ECRF, was also arrested in May in the wave of arrests targeting activists, but Abdallah explains this had more to do with his campaigning as a revolutionary socialists. Many ordinary citizens have also been caught up in the arrests, but these can receive much less attention as they don’t involve someone with an already high profile.
“We have even seen cases from non-Egyptians, one of whom is Lebanese citizen Mona el-Mazboh, who made a video criticising sexual harassment in Egypt,” Abdallah says. “She’s not an activist, she’s not connected to Egyptian activists, whether political or human rights defenders, and she’s been sentenced for several years.”
El-Mazboh was subsequently released after she was given a one-year suspended sentence.
In July Egypt’s parliament passed new a law giving the state powers to block social media accounts. Social media sites with more than 5,000 users are now classified as media outlets and users can be penalised for spreading fake news or incitement to break the law. The vague law, which Sisi says is designed to uphold freedom of expression, also prohibits journalists from filming in certain places.
“Unfortunately, in a legal framework, what the government is doing is illegal,” Abdallah says. “People are being hunted because of what they say on social media.”
ECRF has recorded 1,520 cases of enforced disappearances between 2013 until August 2018. Virtually all those who reappeared have been tortured in total impunity. Abdallah explains how these shocking numbers alone aren’t always enough to pique the interest of other members of society. “People are actually paying more attention now because the economic situation is getting worse, which is affecting their everyday life,” he says. “They are coming at it from the perspective of social and economic grievances — which of course we don’t have — not from a concern for human rights.”
With subsidies being lifted and wages stagnating, ordinary people are suffering. “Even those Egyptians with no interest in politics can see the situation is not going well,” Abdallah says.
Getting the attention of the international community is an even greater challenge. “This is because so few human rights defenders are free to speak to the press, and many have been detained,” he explains “Self-censorship is a problem among a lot of activists because everyone who is willing to speak ends up in jail.”
For Abdallah, international solidarity is a must because the situation Egypt finds itself in is identical to so many around the world. “All human rights violations affects us,” he says. “Look at the crisis in Syria, which led to a wave of migration to Europe, which has led to more restrictions — it’s all interconnected.”
“It’s very important to be connected to these activists, and learn from their experiences. It provides a seed for future work, so we can help each other.”[/vc_column_text][vc_raw_html]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[/vc_raw_html][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text]
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Through the fellowships, Index seeks to maximise the impact and sustainability of voices at the forefront of pushing back censorship worldwide.
Learn more about the Freedom of Expression Awards Fellowship.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1538379443908-9f9e78a4-e26d-2″ taxonomies=”24135″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]We, the undersigned, call for the immediate repeal of the Anti-Cyber and Information Technology Crimes Law (“The Cybercrime Law”), as well as the review and reform of articles on internet surveillance and blocking of websites in the law on the regulation of the press and media (“The Media Regulation Law”).
The Cybercrime Law and the Media Regulation Law are only the latest steps in the Egyptian government’s attempt to impose full control over the flow of information online, as part of an effort to close the space for public debate and prevent the exercise of the fundamental right to freedom of expression. These actions must be opposed in order to defend Egyptians’ human rights.
Background
On 18 August, 2018, President Sisi ratified the Anti-Cyber and Information Technology Crimes Law (Cybercrime Law). The Egyptian parliament had already approved the law on 5 July, granting the government new powers to restrict digital rights and interfere with activists’ freedoms online. Only last month, the parliament also passed another dangerous law (the Media Regulation Law) that would place under government regulation and supervision as member of the media anyone with a social media account that has more than 5,000 followers.
Egyptian authorities have a recent history of escalating attempts to restrict online freedoms. On 24 May 2017, Egypt began to block websites, mostly media related, on a mass scale; the number of blocked websites so far totals more than 500. Apart from an order to block 33 websites issued by the government committee that appraised and seized the funds of members of a banned Muslim Brotherhood group, it is unclear on what basis the other websites have been blocked. No decision has been published, whether by the courts or government departments, and no reasons have been provided as to why those websites ought to be blocked. Numerous attempts have been made to get the government to disclose the legal basis for blocking, and a number of lawsuits have been filed before the administrative judiciary.
Now, the ratification of the Cybercrime Law appears to be an attempt by the government to legalize the repressive steps it took more than a year ago, providing full authority for internet censorship.
The Cybercrime Law also authorizes the mass surveillance of communications in Egypt. Under the law, ISPs are required to keep and store customer usage data for a period of 180 days, including data that enables user identification, data regarding content of the information system, and data related to the equipment used. This means that ISPs have the data related to all user activities, including phone calls and text messages, websites visited, and applications used on smartphones and computers. The National Telecommunications Regulatory Authority (NTRA) can also issue an administrative decision obliging telecommunications companies to save “other data” without specifying what it is, and without stipulating it in the law.
National security entities (defined by the law as: Presidency, Armed Forces, Ministry of the Interior, General Intelligence, and Administrative Control Authority) were also granted the right to access and review the data referred to in the preceding paragraph. ISPs are also obliged to provide the “technical capabilities” to those entities.
This approach to impose mass surveillance on all users in Egypt is contrary to Article 57 of the Egyptian Constitution, which states: “Private life is inviolable, safeguarded and may not be infringed upon. Telegraph, postal, and electronic correspondence, telephone calls, and other forms of communication are inviolable, their confidentiality is guaranteed, and they may only be confiscated, examined or monitored by causal judicial order, for a limited period, and in cases specified by the law.” Egypt has also signed and ratified the International Covenant on Civil and Political Rights (ICCPR), and must follow the guidance of the Human Rights Committee, the only official body charged with interpreting the treaty.
In addition, the law regulating the work of the press and media, the Media Regulation Law, which the President ratified on September 1, 2018, expands the power to censor individuals’ personal accounts on social media, if the account has at least 5,000 followers. The Supreme Media Regulatory Council has the right to block those accounts if it believes that they publish or broadcast false news, incite a violation of the law, violence or hatred, discriminate between citizens, or advocate racism or intolerance.
Call to action
The Cybercrime Law and the Media Regulation Law threaten the fundamental rights of Egyptians. They are overbroad, disproportionate attempts to give the government full control over cyberspace. Therefore, to protect Egyptians’ human rights, preserve the public domain, and keep open any space for exercising freedom of expression, the undersigned call on the Egyptian government to immediately repeal the Cybercrime Law and reform the Media Regulation Law.
Signed, a coalition of some of the world’s leading human rights and digital rights organisations from 25 countries,
7amleh – Arab Center for Social Media Advancement
7iber
Access Now
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Article 19
Association for Freedom of Thought and Expression (AFTE)
Association for Progressive Communications (APC)
Bahrain Centre for Human Rights
Cairo Institute for Human Rights Studies (CIHRS)
Community Media Solutions
Committee to Protect Journalists (CPJ)
Democratic Transition and Human Rights Support Center (DAAM)
Derechos Digitales
Digital Rights Foundation
Electronic Frontier Foundation
Electronic Frontier Finland
Epicenter.works
Euromed Rights
Fight for the Future
Global Voices Advox
Gulf Centre for Human Rights
Humano Derecho Radio Estación
I’lam – Arab Center for Media Freedom Development and Research
i freedom Uganda Network
Index on Censorship
Internet Sans Frontieres
Kenya ICT Action Network
Fundación Karisma
Maharat Foundation
Majal.org
Motoon.org
DDHH Redes Ayuda
Open Media
Point of View India
REPORTERS SANS FRONTIÈRES / REPORTERS WITHOUT BORDERS
Social Media Exchange (SMEX)
Syrian Center for Media and Freedom of Expression
Software Freedom Law Center (SFLC)
Turkey Blocks
The Syrian Archive
Visualizing Impact
WITNESS
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The below signatories express grave concern for the status of free speech and expression in Egypt. The authorities continue to openly silence anyone who is critical of the Egyptian government and of the state of affairs in Egypt. The arrest of Lebanese tourist Mona el-Mazbouh last month is yet another episode in President Abdel Fattah al-Sisi’s continued crackdown on rights and freedoms. We call for the immediate and unconditional release of Mona el-Mazbouh, who was sentenced to eight years in prison earlier this month.
Background
Lebanese Mona el-Mazbouh, 24, posted a 10-minute video to her Facebook account in May after she was allegedly sexually harassed, a lived reality that is experienced on a daily basis by most women in Egypt. The video included profanity against Egypt and Egyptians. Mona was stopped and arrested on 31 May at Cairo airport before leaving Egypt, after her video went viral on social media. Egyptian lawyer Amr Abdelsalam had filed a report against her with the general prosecution, accusing her of insulting the Egyptian people and the president. Abdelsalam has asked that she be added to the scores of Egyptians barred from leaving the country while her case remains open and until her sentence is completed, and to later permanently prevent her from entering the country.
The Egyptian attorney general ordered the immediate referral of Mona to an expedited criminal trial on 3 June for insulting the Egyptian people on social media. The prosecution accused Mona of “spreading false rumours that aim to harm society and defame religions, as well as creating inappropriate content and displaying it through her Facebook page”.
A Cairo misdemeanours court sentenced Mona to eight years in prison on 7 July for publishing a video with indecent content, defaming religion, insulting the Egyptian people and insulting the president. She was also fined EGP10,700 (around $598 USD).
Draconian laws that curtail free expression in Egypt
Accusations such as insulting the Egyptian people or the president are a serious transgression of the right to freedom of expression, which is guaranteed and protected by the Egyptian constitution and international human rights law. Over the past two years, there have been rapid and disturbing developments concerning the closure of physical and digital public spaces in Egypt, and an increased surveillance of social media and digital content.
A few weeks before Mona’s arrest, on 11 May, Egyptian activist Amal Fathy was arrested two days after she posted a video on Facebook condemning sexual harassment and disapproving of the government’s negligence on the issue. Fathy was charged with “disseminating a video on social media to publicly incite overthrowing the government”, “publishing a video that includes false news that could harm public peace”, and “misusing telecommunication tools”.
In addition, the Egyptian government continues to draft and approve laws that significantly curtail freedom of expression online, while heightening surveillance and censorship of social media users. On 5 June, Parliament approved the final draft of the new Cybercrime Law, titled “the Law on Combating Cybercrimes” that legalises broad censorship of the internet and facilitates comprehensive surveillance of communications.
Most recently, Parliament also approved a final reading a bill allowing authorities to monitor social media users and combat “fake news”, whereby individuals whose social media accounts have more than 5,000 followers could be placed under the supervision of Egypt’s Supreme Council for Media Regulations.
These developments reinforce the troubling and ongoing trend in Egypt of silencing public discourse and shrinking civic space that has now led to Mona’s arrest and detention.
Urgent action required
Before her arrest, Mona published a second video addressing the public response she received for the first. In her second video, Mona apologised for the content of the first, and clarified that she was not making a political statement and did not mention the Egyptian President at all in her initial video.
She was initially sentenced to 11 years in prison, however, her sentence was reduced to eight years after her lawyer provided the court with evidence that she “underwent a surgery in 2006 to remove a blood clot from her brain, which has impaired her ability to control anger”. Mona awaits her appeal date set for 29 July.
The below signatories believe that Mona el-Mazbouh’s arrest is a violation of her basic rights and freedoms, and connotes an even bigger threat to the general state of free expression in Egypt. We demand the immediate and unconditional release of Mona el-Mazbouh, and request that all charges be dropped allowing Mona to leave and enter Egypt freely.
Signed,
Association for Freedom of Thought and Expression (AFTE)
7amleh – Arab Center for the Advancement of Social Media
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Article 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies (CIHRS)
Cartoonists Rights Network International (CRNI)
Electronic Frontier Foundation (EFF)
Freedom Forum
Human Rights Network for Journalists – Uganda (HRNJ-Uganda)
I’lam Arab Center for Media Freedom Development and Research
Independent Journalism Center (IJC)
Index on Censorship
Maharat Foundation
March
Mediacentar Sarajevo
Media Institute of Southern Africa (MISA)
Pacific Islands News Association (PINA)
Pen American Center
Pen Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
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