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.

Letter from Palestine: “I am either dead or I am muted”

[vc_row][vc_column][vc_single_image image=”116823″ img_size=”full” add_caption=”yes”][vc_column_text]I can’t remember the first time I heard the slogan “No voice is louder than the voice of the intifada”.

I was born at the peak of the intifada (uprising) in which this slogan first appeared, in 1988. I became more aware of it during the second uprising, at the start of the millennium when the slogan re-emerged.

When I chose the topic of my dissertation in sociology on the impact of a prevalent ideology in determining the options of sociological research in Palestinian universities, I found that the slogan summarised how the existent national ideology works against critical visions in social sciences and tries to silence them. After research, I found that the slogan was a modification to a slogan that existed during phases of tyranny in Arab countries in the last century, namely “No voice is louder than the voice of the battle.”

Ever since I was born, I’ve been living through the “battle” in which no other voice should prevail. This is what happens when you live in a conflict that has not been resolved for more than 70 years. I live in Ramallah in the West Bank, an area that is subject to Israeli military occupation according to the UN since 1967.

There have been national movements that worked towards ending the occupation but these were transformed into an authority that signed a peace agreement with Israel and that hasn’t led to peace. Instead, there were understandings reached that resulted in administrative and security coordination.

At various times, this led to calm periods full of economic opportunities and cultural activity that were supported internationally. It seemed as if the battle’s voice receded or faded away. Yet the national authority maintained the battle discourse, which must remain above all others.

Years ago, on the wall of an oil press, in the village of my maternal grandparents, I read a slogan that shocked me: “You are either a mine that explodes under the feet of the enemy or you shut up.” Underneath was the signature of a leftist faction. I realised that I faced two choices: I am either dead –because I am a mine that explodes under the enemy’s feet – or I am muted.

In 2016, when I wrote my novel A Crime in Ramallah, I was subject to a dual-pronged attack.

The first manifested itself legally through the public prosecutor and the Palestinian Authority (PA), who confiscated my novel from bookstores and libraries, issued an arrest warrant against me and detained the distributor of the novel.

The second was of a popular dimension in social media, which fed on the prevalent ideology and its logic. This incident highlighted the reality relating to freedom of speech in the areas controlled by the PA, through legal tools on the one hand and national tools connected to the prevalent ideology on the other. Accusations were hurled against me regarding public morals in the current law, along with charges of treason and insulting national symbols that are prevalent in the discourse of the “battle”.

The current laws in force in PA areas remain a topic of legal argument. These include the penal code of 1960, which is a regressive law with an abundance of violations to freedom of expression and speech in addition to violations of political freedoms, freedom of sexual orientation and freedom of women.

Further, the law is vague and can be maliciously misinterpreted. The arrest warrant was issued against me on this basis. Efforts to amend the law or enact a contemporary law that allows for even minimal freedom of expression have all failed.

In 2018, the electronic crimes law was issued which violated freedom of the press and online expression and statement. It included harsh penalties that had an impact on writers, journalists, artists and everyday people who have become hesitant to merely criticise the authorities with a post or tweet on social media.

Recently, and at an unprecedented level, major social media outlets have started censoring Palestinian content. Accordingly, I cannot write anything about the occupation and its practices in Arabic without the threat of my account being restricted or removed.

Due to the weak algorithms of these sites in the Arabic language, the context thus becomes irrelevant. So merely mentioning certain words might result in the restriction or cancellation of my account. Two options here remind me of the graffiti on the wall I previously mentioned: I either shut up or become non-existent in this cyberspace.

Today as I write these words, I am unable to freely express my thoughts on both sides of the “battle.” I fear that many began surrendering indeed to the truth that there is no voice above its voice, and I worry that I am one of them.

 

[/vc_column_text][/vc_column][/vc_row]

Stop holding Jews collectively responsible for the actions of Israel

[vc_row][vc_column][vc_single_image image=”116776″ img_size=”full” add_caption=”yes”][vc_column_text]Here’s an experiment. When you read about the systematic persecution of the Uyghurs in China, what’s your reaction? Do you think it’s acceptable to tweet that the Chinese, as a people, are Nazis? And when you read about the treatment of the Rohingya in Myanmar, do you believe it’s a legitimate response to comment on social media that the Burmese, as a people, are genocidal racists? We don’t see Buddhist temples daubed with swastikas in Europe as a reaction to discrimination against the Rohingya (although Buddhist temples have been attacked in racist incidents believed to be triggered by coronavirus). But we are seeing synagogues in Europe (including a synagogue in Norwich) defaced and attacked following the current violence in Israel and Palestine. It is the Jews, as a people, who are considered guilty. Not just Jews in Israel, Jews everywhere.

Israel is an ethnic state. Zionism was a nationalist movement, its claim to Palestine based on the historical roots of the Jewish people. The creation of the state of Israel in 1948 resulted in the dispossession of hundreds of thousands of Arab Palestinians. Since the Six Day War, Israel has occupied territory illegally; since Oslo, it has expanded settlements and ensured that a two-state solution is unviable. The international community (Arab states as well as the US and Europe) has, shamefully, allowed this to happen. But is it acceptable for the actions of a state (currently resulting in the deaths of innocent men, women and children) to lead to racist abuse against a people?

Not all Jews are Zionists. And there are Zionists, too, who want equality for Palestinians. If you read the Israeli newspaper Ha’aretz, you will regularly find vociferous condemnation and criticism of the state (from Palestinian as well as Israeli writers). When Netanyahu was moving towards annexation of the West Bank last year, public figures from the left and the centre in Israel signed a petition published in Ha’aretz condemning the action as apartheid. The Israeli human rights organisation B’Tselem declared Israel’s actions to be apartheid months before Human Rights Watch did the same. There are Jewish grassroots movements inside and outside Israel fighting for justice for the Palestinian people.

Yet it is Jews as a people who are guilty. Israel’s actions regularly trigger familiar antisemitic tropes: cartoons of hook-nosed Israeli soldiers dripping with blood who look like Nazi caricatures or claims of a Zionist conspiracy that echo the old accusation that the Jews are seeking to control the world. This kind of expression is not political commentary on the abuses of the Israeli state and not speech that should be protected – it is a racist attack on all Jews. Four men were arrested at the weekend, following an incident in London where antisemitic abuse that incited violence was broadcast from a convoy of cars emblazoned with Palestinian flags (the image at the top of this article is from a video of the incident). According to the Community Security Trust, there has been a fourfold increase in antisemitic incidents since the escalation of the current conflict.

It is a reservoir of prejudice that runs deep. European antisemitism has repeatedly cast the Jews, victims of racism throughout the history of modern Europe, as victimisers – a group that seeks to cause harm and is secretly plotting to do so. It is a chilling inversion of victimhood that characterises much of antisemitism. The Israeli state’s actions play into this narrative, confirming the now ancient prejudice of Jews as oppressors.

We are currently witnessing supremacist nationalism in Israel and a prime minister clinging on to power who has cosied up to the most extreme elements in society. Let’s call it what it is – without resorting to racist abuse. It’s high time for the Palestinians to have their own state and it’s also time for Europeans to let go of a prejudice that rots political discourse and endangers Jews.[/vc_column_text][/vc_column][/vc_row]

#IndexAwards20: Online ceremony reveals Freedom of Expression Awards winners

[vc_row][vc_column][vc_single_image image=”113272″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/indexawards20live/”][vc_column_text]A Russian artist currently under house arrest for her work on gender and sexual equality and one of the first free investigative journalism and fact-checking websites in Poland are among the winners of the 2020 Index on Censorship Freedom of Expression Awards. The winners, who were announced today on Twitter as part of a digital gala hosted by BBC presenter Timandra Harkness, also include a prominent lawyer fighting for the release of activists and journalists unlawfully detained in Turkey, a Bahraini activist living in exile in the UK and an Arab non-profit promoting digital rights of Palestinians. 

Awards were presented in four categories: arts, campaigning, digital activism and journalism. The winners are: Russian artist Yulia Tsvetkova (arts); Turkish lawyer Veysel Ok and Bahraini activist Sayed Ahmed Alwadaei (campaigning); Arab Center for the Advancement of Social Media, also known as 7amleh (digital activism); and OKO Press (journalism).

Selected from hundreds of nominations from across the globe – a list of some of the most inspiring and courageous individuals and organisations operating today – the winners of the awards represent those who have had a significant impact fighting censorship. Now celebrating their twentieth year, previous recipients of the awards include activist Malala Yousafzai, Chinese author Ma Jian and journalists Anna Politkovskaya, Rafael Marques de Morais and Mimi Mefo.

“Today we acknowledge the winners of the Index 2020 awards as amazing people who do amazing things, while overcoming incredible challenges in difficult times. They fight for freedom of expression when others can’t,” said Rachael Jolley and Matt Townsend from Index on Censorship. 

“This is the 20th year of the Index on Censorship awards, and we would also like to mark the  winners of the previous ceremonies here today. It’s a highly unusual ceremony this year. We were forced to move online at the last minute, but it has meant that people from across the globe can join us today in noting the work that our winners 7amleh, Veysel Ok, Sayed Ahmed Alwadaei, Yulia Tsvetkova and OKO Press have done,” they added. 

Each winner is now part of a year-long fellowship, which involves them working closely with Index who offer long-term, structured support. The goal is to help winners maximise their impact, broaden their support and ensure they can continue to excel at fighting censorship and free expression threats on the ground. 

This year’s panel of judges included New York-based artist Molly Crabapple, award-winning Guardian journalist Amelia Gentleman and Cindy Gallop, founder of social sex video platform MakeLoveNotPorn. Speaking on the awards, Gallop said: 

“I am in awe of all of the candidates we were asked to review for these awards and just blown away by what they are doing around the world. And I am thrilled that the Freedom of Expression Awards exist to celebrate that courage and those triumphs at a time when the need could not be greater.”

All of the winners spoke of how the awards had given them hope.

“It shows that our work has found support from the international community,” Ok said, while Nadim Nashif of 7amleh said the award would motivate them “to work more to advance digital rights and to achieve our vision of a safe, fair and free digital world”.

“The award pretty much reminds me that not everything is that bad. That there are still people who believe that [what I do] is important. For me, it changes pretty much everything. So thank you,” said Tsvetkova, who explained that over the last year she had received death threats and found it hard to focus on why what she was doing was important.

They also spoke about the greater challenges posed as a result of the coronavirus crisis. Alwadaei said:

“During the coronavirus crisis, I would like to pay tribute to those imprisoned in Bahrain for speaking out against the regime. This award is very special to me because my dear friend, Nabeel Rajab, was awarded this prize in 2012. Nabeel is currently serving 5 years in prison for criticising the government on Twitter.”

He added: “In these difficult times, it is more important than ever that freedom of speech is protected and that independent, critical voices are heard.”

But looking ahead OKO Press sounded a note of optimism:

We believe the danger will wane, both epidemic and political. We will wake up in a healthier world.”[/vc_column_text][vc_single_image image=”113163″ img_size=”full” add_caption=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Winning in the Arts category was Yulia Tsvetkova, a Russian artist and activist promoting women’s well-being and LGBTQ awareness. Her work has brought about positive change in discussions towards body positivity and gender stereotypes in Russia. But this acclaim has also made her a target. In 2018 she began a campaign promoting body positivity which resulted in her being named a suspect in a criminal pornography distribution case. Tsvetkova, currently under house arrest, could face up to six years in prison if convicted. In March 2019, her youth arts festival was cancelled after officials accused Tsvetkova of illegally trying to hold a gay pride event under the guise of a youth theatre festival. 

The award for Campaigning went to two individuals. The first is Veysel Ok. Ok is a prominent Turkish lawyer providing pro-bono legal support to journalists, activists and academics who have been subjected to intimidation, surveillance, smear campaigns and harassment. His work has been instrumental in the release of several unlawfully detained journalists and writers. Ok is one of the first to challenge the Turkish laws of accreditation which determine whether a journalist meets official requirements to do their job. As part of his work, he received a five month suspended sentence for criticising the independence of the Turkish judiciary. He has been subject to surveillance and harassment ever since.

The second winner in the Campaigning category is Sayed Ahmed Alwadaei, a Bahraini activist currently living in exile in the UK. He was forced to flee Bahrain in 2011 after being arrested for taking part in anti-government protests. The Bahraini government revoked his citizenship and launched a smear campaign labelling him a terrorist. As the director of advocacy at the Bahrain Institute for Rights and Democracy, his work has become a vital resource for international media and NGOs. One such case was the discovery that institutions supported by UK taxpayers have been implicated in torture and other human rights abuses. Despite the danger faced by him and his family, Alwadaei continues his work as a prominent critic of the Bahraini government.

The Journalism award and Digital Activism award both went to organisations doing invaluable work in the digital sphere. One of the first free investigative journalism and fact-checking websites in Poland, OKO Press picked up the journalism award. OKO investigate and evaluate statements made by politicians, monitor public spending and fight for access to public information. In so doing they’ve paved the way for other news sources to follow suit. This has contributed to a safer and stronger public sphere, fighting for immunity from government propaganda. 

Their work also supports grassroots activism; crucial in Poland, a country which is sliding further and further into authoritarianism and censorship. Indeed, the environment in which they work is becoming increasingly hostile. Political polarisation, lack of transparency, suspicion, threats and withholding of information are common. In the face of this, OKO Press shows resilience and determination. As they said in their acceptance speech:

“We are honoured to receive the award, but also humbled but the fact that other nominees, from Hong Kong, Venezuela and Burundi are acting in much harder circumstances. Friends, we admire your courage, determination and quality of work. 

Kaczyński is no Maduro, Nkurunziza, Putin, or Erdogan, but apparently he takes his inspiration from them. We are not a dictatorship yet, though we are close to the so-called electoral authoritarianism, where all forms of public scrutiny, besides the elections, are being suppressed.

Finally, the Digital Activism award went to the Arab Center for the Advancement of Social Media, or 7amleh as they’re known, a non-profit organisation focused on protecting the human rights of Palestinians in the online space. As Israel increases online monitoring, Palestinians are taking to social media to express disdain. 7amleh’s work protecting online safety and digital rights has been crucial. Through capacity building, research, advocacy and campaigning, 7amleh works to ensure that policies and companies are complying with human rights and are working towards greater accountability. Their campaign work with NGOs has seen huge numbers of participants. They’ve worked towards amendments in the Palestinian Authority’s Cybercrimes Law, the development of the first Arabic Digital Security Manual and digital training being implemented into the Palestinian education system.

If you believe in the work Index do please think about donating. For more information on how to donate click here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]