Opinions are protected by the right to freedom of expression

The arrest of French comedian Dieudonné today appears to be connected to a Facebook comment he posted after Sunday’s march in Paris in which he said he felt he “finally returned home… I feel like Charlie Coulibaly” – remarks that have been interpreted as condoning the action of one of the terrorists involved in the killings of 17 people in Paris last week.

It is important to be clear that while incitement to terrorism is a crime, commentary or jokes about terrorism – no matter how offensive or tasteless – are not. Opinions are protected by the right to freedom of expression.

“You cannot address bigoted and offensive ideas by banning them. To do so simply drives them underground,” said Index CEO Jodie Ginsberg. “The attacks on Charlie Hebdo should be a spur to every one of us to defend ever more vigorously free speech in all forms – even and especially when it represents opinions we find abhorrent or disagree with – so that all views are represented and can be challenged.”

The full text of the Dieudonne remark, later deleted, is as follows: “After this historic march what do I say…Legendary. Instant magic equal to the Big Bang  that created the universe. To a lesser extent (more local) comparable to the coronation of Vercingétorix, I finally returned home. You know that tonight as far as I’m concerned I feel like Charlie Coulibaly”.

As Article 19 points out in a statement today, publicly condoning (faire publiquement l’apologie) acts of terrorism is a crime under Article 421-2-5 of the French Criminal Code.

The offence is punishable with up to five years’ imprisonment, and a fine of €75,000. Harsher penalties for the offence are available when it is committed online, allowing up to seven years’ imprisonment and a fine of €100,000.

“International standards are clear that terrorism offences should not be so broad or vague as to encompass expression where there is no actual intent to encourage or incite terrorist acts,” Article 19 said. “To impose criminal sanctions, there must be a direct and immediate connection between the expression at issue, and the likelihood or occurrence of such violence.”

Targeted cartoonists show support for Charlie Hebdo

In October, Turkish cartoonist Musa Kart was the subject of a global solidarity campaign from his fellow artists. Kart was facing nine years in jail for insulting President Recep Tayyip Erodgan through a caricature for Cumhuriyet, where he commented on Erdogan’s alleged hand in covering up a high-profile corruption scandal. In response, his colleagues from around the world rallied in support of Kart, publishing their own #ErdoganCaricature on Twitter, and he was acquitted of the charges. This time, Kart is joining cartoonists in standing with Charlie Hebdo.

Editorial cartoon courtesy Musa Kart

Cartoon courtesy Musa Kart

Kart told Index he feels “so sorry” and he has “lost his brothers” in last Wednesday’s brutal attack on the French satirical magazine’s offices, where 12 people — including cartoonists Stéphane Charbonnier aka Charb, Jean Cabut aka Cabu, Georges Wolinski and Bernard Verlhac aka Tignous — were killed.

Kart also ran into trouble with Turkish authorities back in 2005, when he was fined 5,000 Turkish lira for drawing then-Prime Minister Erdogan as a cat entangled in yarn. Kart puts the spotlight on Erdogan’s chequered history with cartoonists rights in a second piece, where the president declares that: “I condemn the attack. Ten years prison would have been enough for the cartoonists.”

musa- 9 OCAK

TV: “Massacre in Paris. Twelve dead.” President Erdogan: “I condemn the attack. 10 years prison would have been enough for the cartoonists.”

Erdogan condemned the “heinous terrorist attack” and Turkey’s Prime Minister Ahmet Davutoglu joined last Sunday’s march for unity in Paris. Much has been made of the apparent hypocrisy of world leaders who have suppressed free speech at home, taking part in what many considered a defiant show of support for that very right.

As Index CEO Jodie Ginsberg pointed out, Turkey imprisons more journalists than any other country in the world. Index’s media freedom map has received 72 reports of press freedom violations from Turkey since May 2014 alone. In the wake of the attacks in Paris, other Turkish cartoonists have been threatened by pro-government social media users. Police also raided the printing press of Cumhuriyet, as it prepared to publish selections from today’s issue of Charlie Hebdo.

Ecuadorian cartoonist Xavier Bonilla — known as Bonil — has also been targeted for his work.  In 2013, the country got a new communications law which allows the government to fine and prosecute the media. After drawing a cartoon for El Universo, based on a raid on the home of a journalist and opposition advisor, Bonil became a victim of the new legislation. President Rafael Correa — who has been known to personally file lawsuits against critical journalists — ordered that a case be opened against the cartoonist. It found that his piece had invited social unrest and should be “rectified”, while El Universo was fined $92,000.

“I believe that humour is the best antidote to fear and the best defence against abuses of power. I have been drawing for 30 years, and I am not going to back down,” he wrote in an article in the current issue of Index on Censorship magazine.

Below are his cartoons in support of Charlie Hebdo.

CHARLIE-HEBDO

Cartoon courtesy of Bonil

EXTREMISMO-1

“New ‘religion’: extremism”

CHARLIE-HEBDO-1

#IAmCharlieHebdo

This article was posted on 14 January 2015 at indexoncensorship.org

How cartoonists responded to the attack on Charlie Hebdo

JE-SUIS-CHARLIE

Cartoonist Charley-Kai John reflects on the attack.

JE-SUIS-CHARLIE

They Are Charlie: a tribute to cartoonists Bernard Verlhac aka Tignous, Jean Cabut aka Cabu, Stéphane Charbonnier aka Charb and Georges Wolinski by French artist Bib’z.

Armed men attacked the offices of French satirical magazine Charlie Hebdo on Wednesday. They killed two police officers and ten members of the magazine’s staff, including cartoonists Stéphane Charbonnier aka Charb, Jean Cabut aka Cabu, Georges Wolinski and Bernard Verlhac aka Tignous. The magazine has been targeted in the past over its controversial cartoons, including ones featuring the Prophet Mohammed. In 2011, the office was firebombed.

Index has condemned the appalling attack, saying there is nothing that could justify it. “The ability to express ourselves freely is fundamental to a free society. This includes the freedom to publish, to satirise, to joke, to criticise, even when that might cause offence to others. Those who wish to silence free speech must never be allowed to prevail,” added Index CEO Jodie Ginsberg.

Throughout the day, people from across the world have showed solidarity using the hashtag #JeSuisCharlie, while many cartoonists have supported the magazine through their art.

“Cartoonists are among the first people targeted by extremists and fundamentalists for poking fun at the sacred cows of our societies. Humour and satire are tools that close minded extremists have little defence against except by the use of weapons and murder,” Dr. Robert Russell, executive director of Cartoonists Rights Network International said in a statement.

Cartoonist shows solidarity with Charlie Hebdo

Indian cartoonist Kanika Mishra showing solidarity with Charlie Hebdo

“I feel very sad, horrified and hopeless after hearing this news,” Indian cartoonist Kanika Mishra, who drew the piece above, told Index. “One year ago, I was facing such threats when I made cartoons on [charismatic guru] godman Asaram but I never took those threats seriously. I never knew some blind followers and extremists can go to such extent. Whole world should be united against such horrific attacks on freedom of speech and its high time that we should start talking about a global policy for protecting the rights of every artist in the world.”

Martin Rowson, cartoonist for The Guardian, The Independent and Index among others, added that “we need above all else to laugh these blood-stained clowns back into the dustbin of history, and urgently.”

Below is a selection of the cartoons being shared on social media.

This article was published on 7 January and updated on 8 January 2015 at indexoncensorship.org

Changes at France Culture bring accusations of censorship

 

The decision not to air the last episode of Du Jour au Lendermain and recent budget cuts have critics up in arms over changes to the cultural arm of Radio France.

Alain Veinstein, a French writer and poet has been hosting the radio programme called Du jour au lendemain for 29 years on France Culture, a French public station dedicated to culture.

Olivier Poivre d’Arvor, director of France Culture, decided not to air Veinstein’s last show, dating from 4 July, unhappy that the host had decided to interview himself and not a writer, and to talk about what the end of his show meant to him. A programme dating from November was re-aired instead. Veinstein denounced “a rare case of censorship on the radio” while talking to Le Monde.

In the end, the director of France Culture decided to make the programme available online. In a 35 minute-long monologue, Veinstein explained he had learned by email that same morning that his programme would be discontinued.

“It would have been fine for him to say farewell for 3 minutes, even to express negative views on the fact his programme was discontinued. But my job is to make sure that the radio is not taken hostage. There was something obscene in explaining that after him it would be chaos”, Poivre d’Arvor told Libération.

“A public radio station is not a private one, nor a place to do a pro domo speech, not for Alain Veinstein or any of us. (…) Ensuring the renewal of generations on the radio is to strenghten France Culture’s future”, he continued.

Several personalities who have been working for Radio France for a long time – David Mermet, Ivan Levaï – have been dismissed recently, in a move that seems to show the new management of Radio France wants to appeal to a youth audience by employing younger presenters.

On the listeners forum, there were some very hostile reactions to Poivre d’Arvor’s decision.

“From someone who’s constantly reduced the importance of culture on France Culture radio to reinforce news, tacky sensationalism, while adding a dose of mediocre tourism, it’s a bit much to say this programme didn’t fit in”, wrote one commenter. Another listener added: “Why is Poivre d’Arvor deciding instead of the programme’s producer what is going to be of interest to the audience?”

In February, the Conseil national de l’audiovisuel (CSA), an institution whose role is to regulate the various electronic media in France, such as radio and television, named 37 year-old Mathieu Gallet as the new head of Radio France. Under the Sarkozy presidency, Gallet is known to have helped writing a law that enabled the French president to name the heads of public television. This power has now been returned to the CSA.

At the end of June, the management of France Culture announced a 7.5 per cent cut in the budget for all shows except news broadcasts. In a joint release, the society of producers of France Culture, France Inter and France Musique denounced the fragility of radio hosts, who are not France Culture employees but “intermittents du spectacle”. Veinstein discussed the “intermittent” status in his last programme.

Under French law, some 250,000 workers in the film, theatre, television and festival industry, known as intermittents, benefit from a system that pays them during periods when they do not work. Many of them have been keeping the pressure on during summer festivals, and went out on strke, as they are unhappy with a deal reached between some unions, employers and the government in March which would increase their payroll taxes.

As Veinstein put it in his Le Monde interview: “Night has fallen for good. Don’t ask me what tomorrow will be made of. Tomorrow is today without tomorrow (…) It’s been a beautiful day, all the same. Du jour au lendemain is entering the past.’

Recent reports from France via mediafreedom.ushahidi.com:

Accused of collecting data on journalists, Front National threatens them

Reporters Without Borders accuse businessman Bernard Tapie of interfering with the editorial content of his newly purchased newspaper, La Provence


This article was posted on July 14, 2014 at indexoncensorship.org