In trying to protect us online, legislators risk silencing us

I regularly start my weekly blog with the exclamation “there is just too much news!” Too much horror and heartbreak and this week the assertion is all too true.

Russia has invaded a sovereign country and daily we are seeing evidence of war crimes on the continent of Europe; China is arresting yet more democracy activists on the flimsiest of excuses; there have been bombings targeting schools in Afghanistan; a neo-fascist is, yet again, in the final run-off in the French Presidential elections; there are riots in Sweden against the far-right with dozens hurt; people are starving in Shanghai under Covid-19 restrictions; there is active conflict again in Jerusalem, with over 150 Palestinians hurt in clashes after a series of terror attacks targeting Israelis in recent weeks; another video of a black man being fatally shot by the police has emerged in the US – Patrick Lyoya was killed, while being held on the ground, defenceless, on 14 April and riots have followed in Michigan.

Our team at Index is working on every one of these news stories. We work with people on the ground, and we commission dissidents and writers, in country, to give us a first-hand account. In the twenty-first century we can speak to people in every corner of the globe, as events are happening, because of the internet and the social media platforms which afford us all a level of protection because of end-to-end encryption. We work with people on the ground who would be arrested, tortured, or even killed because they want to share their experiences with the world. They want the world to know what is happening to them and to their communities. They are on the frontline in the perpetual fight for our democratic right to freedom of expression. They are vulnerable because of who they are and what they want to share with us, whether that’s their writings, their opinions or their art.

They are brave and inspirational and determined to stand up for what is right. For as long as they want to tell their stories there is a moral onus for us to listen to them.

Which brings me to the current proposals to regulate our online lives currently being progressed in the European Union and in the United Kingdom. In Europe, today (Friday) the final negotiations on the substance of the Digital Services Act are underway and, in the UK, the Online Safety Bill began its parliamentary journey on Tuesday.  Index is working actively with partners to try and mitigate the worst aspects of both pieces of legislation and we were in Brussels this week to make the case for additional protections for freedom of speech. Our overriding goal is to make sure that our access to those brave dissidents is protected and that our rights to discuss the detail of these horrors are protected. To make sure that while legislators are trying to ‘protect’ us online they don’t end up inadvertently silencing us.

Index advocates for free expression within the protections afforded to us by the European Convention on Human Rights. There is no right not be offended. There is no right not to see things online, or in real life, that will upset you. Of course, we all want to protect each other from seeing the worst aspects of human life – that’s an admirable aspiration but it isn’t the grounds for making new law. In fact, it’s the exact opposite – legally we have protected freedom of expression, it’s a fundamental right. I have written before about our concerns regarding online regulation and in the coming months I’ll be writing extensively on it – but we start with the basic principle – what is legal to say should be legal to type. And that should be the case whatever any new legislation seeks to amend.

The free speech Euros: Group F

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A protester with a pride flag confronts the Hungarian national team before their Euro 2020 match with Germany. Jvºrgen Fromme/DPA/PA Images

In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?

It’s simple, the worst is ranked first.

We round up the last of the groups today with Group F, which played the deciding matches on Wednesday.

1st Hungary

The recent Group F fixture between Germany and Hungary drew attention to Hungary’s poor record on free speech and censorship, when a protester carrying a pride flag ran on to the pitch. Hungary’s recent law, passed in June 2021, bans “the depiction or promotion of homosexuality to those under 18”. This includes teaching in schools and portrayals on television.

Prime Minister Victor Orbán was elected in 2010 and changed the constitution to take control of independent government institutions and initiated government policies to limit operations of opposition groups, journalists, and universities. According to non-profit Freedom House, the judiciary is unstable and controlled by the Prime Minister’s office, making it unusable in the struggle for free speech in Hungary. Reporters Without Borders (RSF) credit these policies for inspiring other European countries including Poland and Slovenia to institute similar restrictions on journalists.

Hungary’s coronavirus legislation gave the government almost unlimited power to handle the pandemic, a crisis which solidified Hungary as an information police-state where the prime minister can rule by decree without parliamentary oversight. Anti-scaremongering policies, meant to stop anyone “blocking the government’s anti-pandemic effort,” were used by Orbán to intimidate government critics and also temporarily suspended data protection policies. This fits with other incidents of government officials using their authority to suppress stories for their convenience.

Journalists who are caught conducting routine drone investigations in properties without express permission could get up to three years in prison under section 422 of the Hungarian criminal code, which focusses specifically on “illicit” data collection. Two journalists, Gabriella Horn and Balázs Gulyás, were threatened with this when investigating why military vehicles were present on land owned by businessman and friend of Orbán, Lőrinc Mészáros. It is a policy that shows the extent the government will go to, to side with government officials and oligarchs over journalists.

In May, journalist Júlia Halász appealed criminal charges of defamation and illegal recording for her publications after reporting on the harassment she endured while covering Hungarian diplomat, László Szabó.

Many journalists from the media company Magyar Hang reported government officials and their supporters harassing them for opposing Orbán’s reelection in 2018, and since the pandemic legislation, the head of the company, Csaba Lukács told the Committee to Protect Journalists, “reporting has become increasingly dangerous. This new legislation is a clear threat.”

In addition to government oppression, media publications face economic barriers in Hungary. Hungary’s government media council’s decisions have been criticised for being politicised because they prevented the consolidation of independent media companies while encouraging pro-government media outlets. Hungary’s largest independent newspaper closed in 2016, and the government oversaw the merger of hundreds of small media outlets in a major blow to Hungary’s media diversity.

2nd France

France may have placed at the top of the group on Wednesday, but their free speech record is mediocre. Generally, France has an independent judiciary, fair and free elections, and free and independent media that protect free speech rights in France.

In recent years, political turmoil has given France a bad record of violence against journalists. RSF described it as an overall “hostile environment for reporters.” Anti-immigrant and anti-Muslim demonstrations in France have been increasingly violent, and while covering them, journalists are often arbitrarily detained with their equipment seized or subjected to teargas grenades, flashbangs, and baton beating. At least two journalists in 2020 were called before French police and claimed to have experienced harassment under questioning. Policies implemented in 2010 make it possible for the government to claim “overriding public interest” to force journalists to break source confidentiality.

Journalists are targets of police violence during the recent large-scale protests over France’s “Global Security Law”, which makes it illegal to “maliciously share”  images that may lead to the identification of a police officer. The police response to the Gilets Jaunes – or “Yellow Vests” – movement has been widely criticised for putting bystanders and journalists in harm’s way.

Journalists were the target of the worst terrorist attacks in France. Nine Journalists were killed in 2015 during the Charlie Hebdo shooting which was an attack on the satirical publication Charlie Hebdo. The gunmen identified themselves as members of the Islamist group, Al-Qaeda, and five years later, a second stabbing attack outside Charlie Hebdo is also suspect to have an Islamist terrorist motive.

In April of 2021, French Journalist Nadiya Lazzouni received a death threat with sexist and anti-Muslim slurs and proof that the sender had been watching her. She filed a complaint with the Paris prosecutor’s office but has not heard anything in response as of 15 April. For some journalists in France, both extremists and the police can be a threat to their safety.

3rd Germany

An active effort with constitutional safeguards to avoid repeating the country’s past has made Germany a stable democracy with well-protected civil liberties and political rights. Recent challenges with immigration have given a new rise to right-wing extremism and has created a more volatile environment for journalists. RSF’s 2021 report on Germany states “an independent judiciary ensures a favourable environment for journalists in Germany.” In recent years, the judiciary has been vital in preventing government policies that are harmful to journalists.

Despite the balanced government structure, Germany can still be a dangerous place for journalists. Extremists, mostly from the far right with some leftists, often use journalists as targets for violent attacks, and, especially during the Covid-19 pandemic, some politicians encouraged distrust in media outlets to promote populist agendas. In July of 2021, demonstrators protesting the Covid-19 lockdown physically blocked reporter’s cameras with their fists and shoved journalists while threatening them not to report on their protests. In May of 2021, Pro-Palestine demonstrators threw rocks and firecrackers at news crews in Berlin, and police used excessive force to prevent journalists from covering controversial evictions in October of 2020.

The Network Enforcement Act, a controversial law enacted in 2018, was brought in to regulate online hate speech and led to media companies deleting posts that would not have been considered hate speech. A majority of Germans, according to Freedom House, stated they are careful what they post online for fear of repercussions as a result.

Several government policies in response to extremism have been criticised for having unfair restrictions on journalism. In May of June 2021, their federal court ruled a law that was used to force journalists to reveal their sources was unconstitutional. Most recently in June 2021, a new law increased government surveillance and hacking power while removing judicial oversight and protections for Journalists during terrorism investigations, sparking concerns around protecting journalist sources from government retaliation.

4th Portugal

Portugal has a long history of restricting press freedom, but following the Portuguese Constitution guaranteeing freedom of expression in 1978, it has grown to be ranked ninth-best in RSF’s World Press Freedom Index of 2021. Despite a vocal minority that criticises the extent to which freedom of expression is allowed, Portugal now has a decent free speech record, but journalists are hindered by the economic downturn’s effect on their media industry. With a near-perfect score from Freedom House, Portugal earned a 96/100 for its effective political system and balanced judiciary Portuguese media outlets struggled with funding during the pandemic, and in response, Prime Minister António Costa advanced what the state planned to pay in government advertising to support the industry. Generally, public broadcasters have and struggle against commercial television outlets, which gives diverse viewpoints but some risk of populism.

Wrongful surveillance of journalists by police has been an issue. In January 2021, police were allegedly surveilling journalists illegally, without a court order, attempting to uncover their sources, and the Lisbon prosecutor’s office was exposed using electronic surveillance on two journalists in an attempt to reveal their sources in 2018. If charged for “breaching judicial secrets”, the two journalists could face up to two years in prison.

Another challenge Portugal has been facing is recent corruption scandals. In September of 2020, 17 people, including three judges, were charged with corruption. Portuguese authorities, complying with the international effort identified those involved and froze their assets, but some concerns remain around the poor resources provided to investigators and the ineffective anti-corruption and whistleblower protection legislation passed in 2019.

Other groups

Group A

Group B

Group C

Group D

Group E[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”8996″][/vc_column][/vc_row]

2020: One for the history books

[vc_row][vc_column][vc_single_image image=”115942″ img_size=”full” add_caption=”yes”][vc_column_text]2020 will undoubtedly be a year studied for generations, a year dominated by Covid-19.

A year in which 1.77 million people have died (as of this week) from a virus none of us had heard 12 months ago.

We have all lived in various stages of lockdown, some of our core human rights restricted, even in the most liberal of societies, in order to save lives.

A global recession, levels of government debt which have never been seen in peacetime in any nation.

Our lives lived more online than in the real world. If we’ve been lucky a year dominated by Netflix and boredom; if we weren’t so lucky a year dominated by the death of loved ones and the impact of long Covid.

Rather than being a year of hope this has been a year of fear. Fear of the unknown and of an illness, not an enemy.

Understandably little else has broken through the news agenda as we have followed every scientific briefing on the illness, its spread, the impact on our health services, the treatments, the vaccines, the new virus variants and the competence of our governments as they try to keep us safe.

But behind the headlines, there have been the stories of people’s actual lives. How Covid-19 changed them in every conceivable way. How some governments have used the pandemic as an opportunity to bring in new repressive measures to undermine the basic freedoms of their citizens. Of the closure of local newspapers – due to public health concerns as well as mass redundancies of journalists due to a sharp fall in revenue.

2020 wasn’t just about the pandemic though.

We saw worldwide protests as people responded under the universal banner of Black Lives Matter to the egregious murder of George Floyd.

In Hong Kong, the CCP enacted the National Security Law as a death knell to democracy and we saw protestors arrested and books removed from the public libraries – all under the guise of “security”.

The world witnessed more evidence of genocidal acts in Xinjiang province as the CCP Government continues to target the Muslim Uighur community.

In France, the world looked on in horror as Samuel Party was brutally murdered for teaching free speech to his students.

Genuine election fraud in Belarus led to mass protests, on many occasions led by women – as they sought free and fair elections rather than the sham they experienced this year.

In America, we lived and breathed the Presidential Election and witnessed the decisive victory of a new President – as Donald Trump continued to undermine the First Amendment, the free press and free and fair democracy.

In Thailand, we saw mass protests and the launch of the Milk Tea Alliance against the governments of Hong Kong, Thailand and Taiwan, seeking democracy in Southeast Asia.

In Egypt, the world witnessed the arrest of the staff of the EIPR for daring to brief international diplomats on the number of political prisoners currently held in Egyptian jails.

Ruhollah Zam was executed by his government for being a journalist and a human rights activist in Iran.

This is by no means an exhaustive list. From Kashmir to Tanzania to the Philippines we’ve heard report after report of horrendous attacks on our collective basic human rights. 72 years after United Nations adopted the Universal Declaration of Human Rights we still face daily breaches in every corner of the planet.

While Index cannot support every victim or target, we can highlight those who embody the current scale of the attacks on our basic right to free expression.

Nearly everybody has experienced some form of loneliness or isolation this year. But even so we cannot imagine what it must be like to be incarcerated by your government for daring to be different, for being brave enough to use your voice, for investigating the actions of ruling party or even for studying history.

So, as we come to the end of this fateful year I urge you to send a message to one of our free speech heroes:

  • Aasif Sultan, who was arrested in Kashmir after writing about the death of Buhran Waniand has been under illegal detention without charge for more than 800 days;
  • Golrokh Emrahimi Iraee, jailed for writing about the practice of stoning in Iran;
  • Hatice Duman, the former editor of the banned socialist newspaper Atılım, who has been in jail in Turkey since 2002;
  • Khaled Drareni, the founder of the Casbah Tribune, jailed in Algeria for two years in September for ‘incitement to unarmed gathering’ simply for covering the weekly Hirak protests calling for political reform in the country;
  • Loujain al-Hathloul, a women’s rights activist known for her attempts to raise awareness of the ban on women driving in Saudi Arabia;
  • Yuri Dmitriev, a historian being silenced by Putin in Russia for creating a memorial to the victims of Stalinist terror and facing fabricated sexual assault charges.

Visit http://www.indexoncensorship.org/JailedNotForgotten to leave them a message.

Happy Christmas to you and yours and here’s to a more positive 2021.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”41669″][/vc_column][/vc_row]

Ruhollah Zam: 27 July 1978 – 12 December 2020

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On Saturday 12 December, the founder of the Telegram news channel Amadnews, Ruhollah Zam, was hanged in Tehran’s notorious Evin prison.

Zam was born in Shahr-e-Rey, just outside Tehran, in 1978. He first came to prominence in 2009 after the re-election of President Mahmoud Ahmadinejad when he was jailed for voicing his opposition.

In 2011, after his release from prison, Zam, together with his wife and young daughter Niaz fled the country and were granted asylum in France, living initially in Paris before moving to a small town near Toulouse after he received threats.

Two and a half years ago, Zam co-founded the Amadnews channel on Telegram, which is hugely popular in Iran – it has 50 million users there and was reported at one point to account for 60% of the country’s entire internet usage.

Amadnews became popular for its criticism of Iran’s leaders and informed descriptions on the 2017 protests, which started as a protest against the economic policies of the government before developing into wider protests against Iran’s leaders. Twenty-five people died during the nationwide protests.

The channel grew quickly to have a million subscribers but at the end of 2017 Telegram shut it down saying the channel had called for armed uprisings. The channel reappeared under a new same, Sedaiemardom (voice of the people), just a few months later.

The story of how he even came to be in Iran again is mysterious.

In 2019, it is believed that he was lured to Iraq from his exile in France to meet the grand Ayatollah Sistani, the spiritual leader of the Iraqi Shia Muslims. While there, he was captured by agents of the Islamic Revolution Guards Corps which issued a statement saying he had been detained “in a complicated operation”.

The statement said: “Despite being under the guidance of the French intelligence service and the support of the US and Zionist intelligence services…, and being guarded round the clock by various means and covers, he fell into a trap laid by… the IRGC’s Intelligence Organization.”

He was thrown into Evin prison and tortured for months and forced to make televised confessions of his ‘crimes’.

In June this year, Zam was tried in front of the Islamic Revolutionary Court in Tehran, presided over by Judge Abolqasem Salav and convicted on 13 counts of “spreading corruption on earth”. He was sentenced to death.

Despite going to appeal, on 8 December, the supreme court announced it had upheld the death sentence.

Zam’s father, the moderate cleric Mohammad Ali Zam, has revealed on Instagram what happened after the sentence was confirmed.

Last Friday, he was telephoned by an Iranian intelligence agent who said he could come and visit his son in the notorious Evin prison but not to tell him that the sentence for execution had been confirmed. His father reports that during the visit the family started to cry and the agent was afraid that Ruhollah might find out why and told him.

“Don’t worry Ruhollah. These are happy tears from visiting you. Even if the execution is confirmed, the process would take a while to be carried out and we will inform you of the whole process.”

On Saturday 12 December at 8am French time, his eldest daughter Niaz received a WhatsApp call from a number she didn’t recognise. It was her father.

They talked about her studies and getting her diploma but after five minutes the call had to end and her father said goodbye. There was a finality in his tone and Niaz knew this would be the last time they would speak.

Just a few hours later, Zam was paraded in front of television cameras and hanged.

There has been widespread condemnation of his execution.

United States Secretary of State Mike Pompeo said in a statement, “The international community must continue to hold the regime accountable for its unconscionable actions…The Iranian people deserve a free and diverse media, not censorship, arrests, and the execution of journalists.”

The European Union said it “condemns this act in the strongest terms and recalls once again its irrevocable opposition to the use of capital punishment under any circumstances. It is also imperative for the Iranian authorities to uphold the due process rights of accused individuals and to cease the practice of using televised confessions to establish and promote their guilt.”

Masih Alinejad, author of The Wind in My Hair: My Fight for Freedom in Modern Iran and who had campaigned to prevent the execution of young Iranian wrestler Navid Afkari, told Index, “By killing Zam, the Islamic Republic has shown that it is not interested in diplomacy. It is ironic that Zam was named after Rohallah Khomeini, the founder of the Islamic Republic, an evil system that is not willing to tolerate dissent from journalists.  Zam was a media pioneer who created the most influential news channel in recent memory.”

Javaid Rehman, UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran and Agnes Callamard, UN Special Rapporteur on extrajudicial, summary or arbitrary executions, said: “The conviction and execution of Mr Zam are unconscionable. The reports of his arrest, his treatment in detention, and the process of his trial, as well as the reasons for his targeting by the Iranian authorities, are a serious violation of Iran’s obligations under the International Covenant on Civil and Political Rights, including the right to freedom of opinion and expression and the right to life.

“It is clear that Ruhollah Zam was executed for expressing opinions and providing information on AmadNews that dissented from the official views of the Iranian Government.”

Index on Censorship’s CEO Ruth Smeeth has written a letter to the UN Secretary General condemning Zam’s murder.

She wrote: “Press freedom is a pillar of democracy. When journalists are targeted, all of society pays the price. Article 19 of the Universal Declaration of Human Rights guarantees the right to freedom of opinion and expression to all…As a journalist, as a human rights activist, as a global citizen Ruhollah Zam should have been protected by the state of his birth, not murdered by them.”

Ruhollah Zam is survived by his wife Mahsa Razani and their two daughters.

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