Reflections six months on from 7 October

The 21st century has simultaneously brought the world closer together and driven communities further apart. Technological advancements have enabled us to be more aware of the gift humanity can bring to the globe and of our unshaking ability to wreak so much damage.

This dichotomy of hope and hate has been sharply placed into focus in the Middle East.

This weekend marks the six-month anniversary of the horrific 7 October attacks on Israel.

Every night we turn on our televisions and witness the pain and suffering of peoples who yearn for peace.

1,269 children, women and men were brutally murdered by Hamas, with hundreds more tortured and taken hostage. This barbarity ignited a conflict between Israel and Hamas which, as of 5 March, has claimed the lives of 30,228 Palestinians and 1,410 Israelis.

Each person behind these faceless numbers leaves behind a pit of grief for loved ones which will never be filled.

The pain and suffering inflicted by the 7 October attacks have reverberated throughout communities, both in the Middle East and in countries across the planet. The war is leaving behind a trail of devastation and despair. Lives have been lost, families shattered, and entire communities torn apart. The aftermath of such violence cannot be overstated, and the scars it leaves behind run deep.

While Index on Censorship typically centres its efforts on defending freedom of expression, we cannot turn a blind eye to the urgent humanitarian crisis which has unfurled before us. It is crucial that we acknowledge the human toll of such conflicts and recognise the need for immediate action to alleviate the suffering of those affected.

In times of crisis, it is essential that the international community comes together to provide support and assistance to those in need. We must renew our efforts to secure a lasting peace in the region and work towards addressing the root causes of conflict.

This means prioritising humanitarian aid, securing the release of the hostages and ensuring that those devastated by the 7 October attacks receive the assistance they so desperately need. It also means holding accountable those responsible for perpetrating violence and ensuring that justice is served for the victims.

But beyond immediate relief efforts, we must also work towards addressing the underlying issues that fuel such conflicts. This includes addressing issues of inequality, injustice, and discrimination, which often serve as breeding grounds for violence and extremism.

As we reflect on the six-month anniversary of the 7 October attacks, let us not forget the human faces behind the headlines – the families mourning loved ones, the children traumatised by violence, and the communities struggling to rebuild in the aftermath.

As we look ahead, let us honour the memory of those we have lost by working tirelessly towards a future where such senseless violence is but a distant memory. Together, we can create a world where freedom, dignity, and human rights are upheld for all.

Iran: do you want the good or the bad news?

A great privilege of working at Index is, and always has been, the amazing people we get to encounter, those who look tyranny in the face and don’t cower. Iranian musician Toomaj Salehi is one such person. This week, the 2023 Index Freedom of Expression arts award winner donated the £2500 cash prize to relief funds for those affected by the floods in Iran’s Sistan and Baluchistan province in an act of extreme generosity. We were informed of the donation by his family.

Salehi, whose music rails against corruption, state executions, poverty and the killing of protesters in Iran, has spent years in and out of jail. Today he is still not free – indeed he faces a court hearing on another new charge tomorrow. Our work with him doesn’t end with the award. But what solace to know that the money will make a tangible difference to the lives of many and that jail cannot stop Salehi from his mission to make Iran a more just country.

While Salehi, and others, confront the brutal face of censorship, those in the USA and the UK are this week dealing with the finer print – who owns what. The US House of Representatives passed a bill on Wednesday that will require TikTok owner ByteDance to sell the popular video-sharing app or face a total ban. This is challenging territory. TikTok is guilty of its charges, shaping content to suit the interests of Beijing and data harvesting being the most prominent. So too are other social media platforms. If it is sold (which is still an if) we could see a further concentration of influential apps in the hands of a few tech giants. Is that a positive outcome? And how does this match up against the treatment of USA-based X? The social media platform, formerly Twitter, has Saudi Arabia’s Kingdom Holding, the investment vehicle of Prince Alwaleed bin Talal, as its second largest investor. Is the US Government holding X to the same standards?

Meanwhile, the UK government (which has expanded the definition of extremism this week in a concerning way) plans to ban foreign governments from owning British media, effectively saying no to an Abu Dhabi-led takeover of the Telegraph. We have expressed our concerns about the buyout before and these concerns remain. Still, we’d like to see the final proposal before deciding whether it’s good news.

We’ve also spoken a lot this week about the decision by literary magazine Guernica to pull an article written by an Israeli (still available via the Wayback machine here) following a staff-walk out. We stand by everyone’s right to protest peacefully, of which walking out of your office is just that. But we are troubled by other aspects, specifically redacting an article post-publication and the seemingly low bar for such a redaction (and protest), which hinged on the identity of the author and a few sentences. We can argue about whether these sentences were inflammatory – I personally struggle to see them as such – and indeed we should, because if we can’t have these debates within the pages of a thoughtful magazine aimed at the erudite we’re in a bad place.

Speaking of a bad place, Russia goes to the “polls” today.

UK, USA continue attack of protest rights

After passing the Public Order Bill last year in the UK, which increased the powers of the police to restrict people’s fundamental rights to peaceful protest, the government is looking to restrict protest rights further. The new Criminal Justice Bill is currently being considered by parliament and contains measures designed to clamp down on protesters climbing on national monuments, hiding their face or carrying flares.

In their announcement of the new measures, the Home Office declared that the right to protest is “no longer an excuse for certain public order offences”. Additionally, attorney general Victoria Prentis KC is leading an attempt to outlaw the ‘consent’ defence for climate protesters, which argues that defendants have a lawful excuse for their actions due to their honest belief that those affected by their actions would consent to the damage had they understood the dangers of the climate emergency. This attack on what is one of the last remaining lawful defences available to climate activists has been described by environmental protest group Extinction Rebellion as “concerning”.

“The government would rather curtail our right to protest, and waste valuable court time and public money, than do what everyone agrees is necessary to protect us from the worst climate impacts and cut people’s energy bills,” a spokesperson for the group told Index.

“When political parties keep prioritising narrow private interests ahead of the lives, homes and security of its citizens the solution is to put people in charge through an emergency citizens’ assembly on the climate and nature emergencies.”

This is particularly alarming given the rise in environmental activists facing potential legal action. Hundreds of such campaigners in the UK have received legal threats, leading to claims that states and private companies are using the threat of costly legal action to silence critics.

Michel Forst, the UN special rapporteur on environmental defenders, has previously expressed concerns over the UK’s increasing intolerance of environmental protests, calling the new laws “regressive” and warning of the “chilling effect” they will have on free expression. This statement came in the aftermath of the infamous case of Just Stop Oil campaigners Morgan Trowland and Marcus Decker, who made history last year when they were handed the longest sentences for a peaceful climate protest in living memory. Both have been jailed for more than two and a half years after scaling a bridge on the Dartford Crossing, forcing its closure and causing gridlock for the traffic below.

The current ongoing conflict in the Middle East has increased concerns over protester safety. Since the outbreak of the Israel-Gaza war, weekly marches have taken place in the UK and have become a source of contention in the free expression world. Suella Braverman, for example, stated that waving a Palestinian flag “may not be legitimate” and encouraged a “strong police presence” in response. There have been hundreds of arrests during pro-Palestine protests since the conflict broke out, raising questions over the line between incitement and free speech. In December, nine people were arrested in London after displaying a pro-Palestine banner. Five people were arrested the month before for taking part in a peaceful sit-in at King’s Cross station after refusing to comply with an order to disperse.

This pattern of increasing police powers to clamp down on peaceful protest demonstrates a worrying break from usual democratic principles, which could have serious consequences for free expression in the state.

Anti-protest laws are not just gaining traction in the UK. Similar incidents have occurred in the USA, marking a worrying trend. Earlier this month, freelance journalist Reed Dunlea was arrested while covering pro-Palestine protests in New York. He was officially charged, confusingly, with resisting arrest, but no reason has been given as to why he was being arrested in the first place, particularly as his press pass and media equipment was on full display.

Freelance photographer Stephanie Keith told Index that she saw Dunlea’s arrest in progress as she was covering the protests, but that it wasn’t clear what he was arrested for.

“I was across the street documenting an earlier arrest when I saw a number of NYPD [officers] slamming a fairly large man onto the ground,” she said.

Keith has been covering the recent pro-Palestine protests in the USA and said she has noticed attitudes towards protesters changing in the last few months.

“The NYPD have been much more intolerant of the Palestinian protest in the last two months,” she said.  “Protesters used to be able to march in the streets and now if anyone sets foot in the streets, they are arrested.

“The police have a very different attitude towards the protesters now than they did at the end of last year.”

This incident was one of many to have occurred under New York Mayor Eric Adams, a pro-police candidate. During his term, misconduct complaints against the NYPD have risen to their highest levels in more than a decade.

Outside of New York, the police forces of other US cities have also displayed an increasingly hostile attitude towards protesters. Following the racial justice protests of 2020 that broke out after the murder of George Floyd, at least 19 US cities were made to pay settlements totalling more than $80m to protesters who sustained injuries as a result of law enforcement action.

If such a trend continues, the UK and US will have serious questions to answer over their treatment of protesters. One of the most fundamental concepts of any functioning democracy is the right to peacefully protest. The charge sheet of both the UK and the US is not looking good and we must make sure we don’t look the other way.

Sport faces growing censorship problem over the Israel-Gaza war

When Turkish football team Antalyaspor faced Trabzonspor in a Super Lig match earlier this month, few could have predicted the fall-out that would follow off the pitch. Israeli winger Sagiv Jehezkel scored the equaliser for Antalyaspor in the second half, and in celebration he revealed a message written on his wristband that said: “100 days, 7-10”. The words referenced the length of time that Israeli hostages had been held by Hamas since the group launched an attack on Israel on the 7 October, killing an estimated 1,200 people.

In Turkey, the backlash was fierce. Jehezkel was arrested and detained in Antalya on the charge of “incitement to hate”. After being released, he was sacked by Antalyaspor and returned home to Israel, landing in Tel Aviv the next day.

According to local media, Jehezkel has stated that he did not mean to provoke such a storm. He said: “I am not a pro-war person. I want the war to end. That’s why I showed the sign.” Antalyaspor did not respond to multiple requests for comment.

He is not the only footballer to lose his club for voicing an opinion on the conflict. When Israel began their retaliatory bombardment of Gaza, which has so far reportedly killed more than 26,000 people, Dutch international Anwar El Ghazi posted a message of support for Palestine on his Instagram story. After a back and forth with his club – German side FSV Mainz 05 – El Ghazi made a further statement on social media announcing that he had no regrets over the now-deleted post and reiterating his argument that he stands “for humanity and the oppressed” and against “the killing of all innocent civilians in Palestine and Israel”. Mainz were unhappy with El Ghazi’s stance, calling his position on the conflict “unacceptable”. A few days later, his contract was terminated.

Upon losing his club, El Ghazi posted once more. “Stand for what is right, even if it means standing alone. The loss of my livelihood is nothing when compared to the hell being unleashed on the innocent and vulnerable in Gaza,” he said.

The player is now suing Mainz for wrongful termination of his contract, while the club is making a counter claim as they seek financial compensation to help fund his replacement. The final hearing is set to be held in June.

Mainz told Index they were unable to comment on the incident as legal proceedings are ongoing.

These two cases sum up the uncomfortable relationship sport has with politics and free speech, and how this has been exacerbated by the Israel-Gaza war. Due to the divisive nature of the conflict, sporting bodies are struggling to navigate the line between freedom of expression and the potential to incite hatred and in doing so have fallen into a worrying trend of censorship. 

The reluctance or inability of those involved to comment on the incidents may also show the difficulties people have when talking about this topic, as they can’t, or won’t, speak up due to the potential backlash and further repercussions. This is fairly unsurprising given the experiences of those who have expressed an opinion on the conflict. In another case, footballer Karim Benzema was accused of having “notorious” links to Islamist group the Muslim Brotherhood by France’s Interior Minister, Gerald Darmanin. His crime? Posting a message of support for the inhabitants of Gaza on X (formerly Twitter). Benzema has filed for defamation against Darmanin; his lawyer Hugues Vigier told French news outlet RTL that the claims were “false” and accused the Interior Minister of “sowing division in France”. 

It is not just players who are facing the threat of censorship. Many of football’s national governing bodies, including England’s Premier League and EFL, have also banned supporters from displaying Palestine or Israel flags during games. As a result, there have been a number of accusations levelled at English clubs such as Liverpool and Manchester United of censoring fans who display any show of support for the Palestinian cause by removing them from stadiums. 

Other sports have also been caught up in the censorship storm. Former athlete Emilie Gomis, who clinched a silver medal in basketball for France at the London 2012 Olympics, recently stepped down from her role as an ambassador for the Paris 2024 Games after posting an anti-Israel video to her Instagram story. Elsewhere, in South Africa, cricketer David Teeger was stripped of his captaincy of the country’s under-19s side after dedicating an award he won at a Jewish community event to “the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora”, in a decision described as a “sinister” and “discriminatory” by the South African Jewish Board of Deputies.

Another cricketer, Australia’s Usman Khawaja, was charged by the International Cricket Council (ICC) for wearing a black armband during a test match against Pakistan in support of those in Gaza. ICC regulations do not allow players to display “messages of political, religious or racial causes”, and the player had previously been warned by the governing body after wearing shoes with the messages “all lives are equal” and “freedom is a human right” written on them. Khawaja argues that it is not a political statement but a “humanitarian appeal”.

Further debate over the right to free expression in regard to the conflict is inevitable with the growing calls to ban Israel from competing in sporting events. One post on X by The Palestinian Campaign for the Academic and Cultural Boycott of Israel called for “pressure” to be put on sporting bodies to ban Israel from international tournaments and games “until Israel ends its grave violations of international law”. The statement was reposted by the BBC’s Gary Lineker, who later deleted it.

Despite cries to keep politics out of sport, it is not possible to separate the two. Sport does not exist in an apolitical vacuum, and is impacted even on the front lines; the Palestinian Football Association says 88 top-tier athletes have been killed by Israeli forces during their military bombardment, 67 of whom are footballers. Just this month it was reported that the coach of Palestine’s Olympic football team Hani Al-Masdar was killed in an Israeli airstrike.

The attempts by governing bodies in sport to prevent athletes and fans from expressing a view on the conflict, while not necessarily malicious, pose a serious risk to free speech. While the cases of Sagiv Jehezkel and Anwar El Ghazi are extreme, they are the product of sport’s increasingly heavy-handed approach to political censorship, which makes having an opinion on the war in Gaza increasingly difficult. For people to feel unable to wade into the issue in fear of backlash is cause for concern in itself. Despite a long history of athletes being involved in political activism, sport still hasn’t found a way to ensure free expression for all is upheld.