Journalists have a “right to life”

Hello, readers. This is Sarah Dawood here, editor of Index on Censorship. Every week, we bring the most pertinent global free speech stories to your inbox.

I must confess that today’s newsletter is very bleak, so I won’t be offended if you click away in search of a more optimistic end to your week. We’re reflecting on how journalists are increasingly being silenced globally, not only with the threat of legal retribution or imprisonment, but with death – often with little or no repercussions for those responsible.

This week marked the seven-year anniversary of the murder of Maltese investigative journalist Daphne Caruana Galizia, who was killed in a car bomb attack on 16 October 2017. She reported extensively on corruption in Malta, as well as on international scandals such as the Panama Papers (the historic data leak exposing how the rich exploit secret offshore tax regimes).

Two hitmen were convicted for her murder in 2022, but criminal proceedings are still ongoing against three more suspects, including the alleged mastermind of the assassination and the alleged bomb suppliers. This week, free speech organisations signed an open letter to Malta’s prime minister calling on him to promptly implement robust, internationally-sound legal reform to keep journalists safe in future. The letter pointed to a public inquiry into her death, which found it was both “predictable and preventable”, and highlighted “the failure of the authorities to take measures to protect her”.

The start of this month marked another grim milestone – six years since the death of prominent Saudi journalist Jamal Ahmad Khashoggi. He was a regular contributor to major news outlets like Middle East Eye and The Washington Post, as well as editor-in-chief at the former Bahrain-based Al-Arab News Channel. A vocal critic of his government, he was assassinated at a Saudi consulate in Istanbul, Turkey.

Such attacks on free speech continue. We were appalled, for instance, to learn of the death of the 27-year-old Ukrainian journalist Victoria Roshchyna last week, a reporter from the front-line of the Russia-Ukraine war who had written for Index about her experiences. The circumstances around her death are still unknown, but we know she died in Russian detention.

Increasingly, governments or powerful individuals act with impunity – whereby their human rights violations are exempt from punishment – willfully ignoring international law that states journalists are civilians and have a “right to life”. For many victims, the course of justice is either delayed, as in Caruana Galizia’s case, or the circumstances around their deaths are obfuscated and murky, as in Roshchyna’s. Question marks remain over who is ultimately responsible, or how it happened, creating a cycle of censorship whereby it’s not only the journalists and their reporting that are silenced, but their deaths.

This impunity has been shown in plain sight throughout the Israel-Hamas war. To date, 123 Palestinian journalists have been killed in Gaza by Israeli forces, with the Committee to Protect Journalists concluding that at least five were intentionally targeted. The Israel Defense Forces (IDF) deny these claims, yet an Al Jazeera documentary recently revealed that journalists live in fear of their lives, and their families’. One of the most high-profile cases of a targeted attack was that of Hamza al-Dahdouh, the son of Al Jazeera Gaza bureau chief and veteran journalist Wael al-Dahdouh, whose wife and another two children were also previously killed in Israeli airstrikes. Two Israeli and three Lebanese journalists have also been killed in the conflict, with the International Criminal Court seeking arrest warrant applications for both Israeli and Hamas leaders for war crimes.

All these cases show a growing disregard for journalists’ lives, but also for the very essence of journalism itself. When not threatened with death or physical violence, media personnel are threatened with imprisonment, the closing of legitimate news offices, internet blackouts, and psychological and financial abuse. SLAPPs – strategic lawsuits against public participation – for instance, are being increasingly used globally by powerful and wealthy people as an abusive legal tool to threaten journalists into silence with eye-watering fines. How can “the fourth estate” truly hold power to account, when those in power can so easily dismantle and destroy their means of doing so?

At a time of devastating global conflict, the ability for journalists to report on stories free from the threat of harm, imprisonment, lawsuits or death has never been more important. To protect journalism itself, international and national law must work harder to protect the individuals most at risk. Without the threat of retribution for powerful individuals, the cycle of censorship will only continue.

 

Contents – Having the last laugh: The comedians who won’t be silenced

Contents

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.

Up Front

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

Features

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.

Special Report: Having the last laugh - The comedians who won't be silenced

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 Ge: 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.

Comment

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.

Culture

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.

Media freedom groups call for justice for Daphne Caruana Galizia

On the sixth anniversary of the murder of Maltese investigative journalist Daphne Caruana Galizia, we, the undersigned organisations, renew our calls for Maltese authorities to bring to justice all those responsible for her killing and to implement in full the recommendations of the public inquiry into her assassination.

Caruana Galizia, who rose to prominence through her anti-corruption investigations and blogs, was killed by a car bomb in Malta on October 16, 2017. Three men have been convicted for the journalist’s murder and three other suspects await trial.

After pressure from the Caruana Galizia family and civil society, a public inquiry was set up in 2019 to investigate the circumstances that led to her death.

In its 2021 report, the public inquiry found the state had to “shoulder responsibility” for Caruana Galizia’s murder because it had created an “atmosphere of impunity” and failed to take reasonable steps to protect her. It found that the journalist’s assassination was predictable and preventable due to the collapse of the rule of law in Malta and made detailed recommendations for the authorities, including to create a safer environment for journalists.

For the last two years, our organizations have repeatedly drawn attention to the lack of progress in implementing the public inquiry’s recommendations to safeguard the media and improve journalists’ safety.

The Daphne Caruana Galizia Foundation has also repeatedly denounced the failure of Maltese authorities to address the corruption and abuse of power exposed by Caruana Galizia and other investigative journalists, which still contribute to an environment of insecurity that puts reporters at risk.

Yet again, we call for the strengthening of three proposed laws aimed at improving media safety so as to meet international standards on the protection of journalists, including the government’s watered-down anti-SLAPP legislation.

Maltese authorities should mark the sixth anniversary of Caruana Galizia’s death by making unequivocal statements in support of full justice for her murder, committing to implement the public inquiry’s recommendations, and guaranteeing a transparent consultation on pending legislation with the involvement of international media experts and civil society.

Signed:

ARTICLE 19 Europe

Association of European Journalists

Committee to Protect Journalists

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists

IFEX

Index on Censorship

International Federation of Journalists

International Press Institute

OBC Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Transparency International EU

 

“Where is the sense of urgency?”

Daphne Caruana Galizia

Daphne Caruana Galizia

Five years ago today, investigative reporter Daphne Caruana Galizia was brutally assassinated in a car bomb attack in Malta. Our thoughts are with her family, friends and colleagues. Together with them, we continue to fight for justice. 

It is deeply saddening that we have issued a similar statement every year since Caruana Galizia’s murder. Today should be a day to remember and celebrate her fearless journalism, the far-reaching impact of her incisive writing on financial crime, abuses of power and deep-seated corruption, and her unwavering commitment to uncovering the truth and serving the public’s right to information. 

Instead, we must yet again note that progress in criminal investigations and prosecutions has been minimal and intolerably slow. Impunity serves to embolden those who use violence to silence critical journalism and it ends only when all those responsible for the heinous murder have been prosecuted to the full extent of the law: the assassins, intermediaries and the mastermind must be brought to justice without further delay. 

Similarly, we must point out the unacceptable lack of implementation of the recommendations made by the landmark Public Inquiry into Caruana Galizia’s assassination and the exclusion of structured public consultation, including with our organisations, on proposed legal amendments relating to the safety of journalists and SLAPPs, which in the latter case fail to meet international standards. The process provides a historic opportunity for the Government of Malta to implement its obligations under international and European legal and policy frameworks to create an enabling environment for journalism and to protect journalists. 

The lack of political will to initiate the effective and systemic reform that is needed casts doubt on whether Malta’s political class has drawn any lessons from Caruana Galizia’s assassination. Where is the sense of urgency to fix the rotten power structures and dangerous conditions for journalists who report on them, violently exposed by the blast five years ago? 

Signed by:

  1. Access Info Europe
  2. Access to Information Programme (AIP)
  3. ARTICLE 19 Europe 
  4. Association of European Journalists-Belgium
  5. Civic Alliance (CA) Montenegro
  6. Civil Liberties Union for Europe (Liberties)
  7. Committee to Protect Journalists (CPJ)
  8. Corporate Europe Observatory
  9. English PEN
  10. European Centre for Press and Media Freedom (ECPMF)
  11. European Federation of Journalists (EFJ)
  12. European Integrity Academy - AntiCorruption Youth Greece
  13. Free Press Unlimited (FPU)
  14. Global Forum for Media Development (GFMD)
  15. IFEX
  16. Index on Censorship
  17. International Federation of Journalists (IFJ)
  18. International Institute for Regional Media and Information (IRMI) Ukraine
  19. International Media Support (IMS)
  20. International Press Institute (IPI)
  21. Irish PEN/PEN na hÉireann
  22. Kosova Democratic Institute 
  23. Legal Human Academy
  24. Media Diversity Institute 
  25. OBC Transeuropa (OBCT)
  26. Oživení, z.s. (CZ)
  27. Partners Albania for Change and Development
  28. PEN International 
  29. PEN Malta
  30. Reporters Without Borders (RSF)
  31. Scottish PEN
  32. Society of Journalists, Warsaw
  33. South East Europe Media Organisation (SEEMO)
  34. Syri i Vizionit
  35. Transparency International EU
  36. Wales PEN Cymru