07 Aug 13 | Africa, Digital Freedom, Index Reports, News and features, Politics and Society, Religion and Culture, South Africa
(Photo illustration: Shutterstock)
Though the shackles of apartheid and the public role of Nelson Mandela have faded, South Africa is confronting questions about government surveillance in the digital era, media regulation and artistic censorship.
Apartheid in South Africa (1948-1994) was partially kept in place with restrictions on the flow of information. The state attempted to draw a veil of secrecy over the intensification of repression through detention without trial, house arrests and the torture and killing of opponents from the 1960s onwards. Music and literature were among the modes of anti-apartheid resistance from the 1960s onwards. Literature and music supportive of political opposition or that was deemed sexually permissive was banned. Some journalists, authors and musicians left the country to escape prosecution while many who stayed were persecuted. Television was only allowed in the country in the mid-1970s and only when the then ruling National Party was convinced it could control the medium.
The transition to democracy in the 1990s under Mandela marked a radical departure, with openness and transparency declared primary aims. Clause 16 of the Bill of Rights in the South African Constitution of 1996 guarantees that “everyone has the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.” However, this right is not absolute. The same clause warns that it “does not extend to propaganda for war, incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.” Clause 14 (d) of the Bill of Rights safeguards the right to privacy, including the right not to have the privacy of communications infringed.
South Africa’s adoption of the right to freedom of expression in its Constitution is reflected in a lively national debate as democracy takes root. However, as pundits claim the space to hold to account the government and, less frequently, business, the past five years have seen worrying moves against free expression. These range from verbal threats to legislative measures to the irregular arrest of a journalist. Protesters have also targeted journalists at community-level demonstrations about socio-economic rights.
Media Freedom
Four large corporations dominate South Africa’s print media sector, which limits diversity in opinion. While the sector has been battling plunging circulation figures, as elsewhere in the world, it has still managed to invest in investigative journalism, which remains vibrant. Art and related types of journalism have however suffered from a lack of resources. The media stand at the centre of vehement political debates in the country, with newspaper leaks common in the infighting between factions of the ruling African National Congress (ANC). The combination of political and investigative exposures has led to ANC threats of appointing a “media tribunal” to replace the system of self-regulation. In response, the media funded a public consultation process, and a new system has been instituted which remains self-regulatory but includes more mechanisms to allow greater accountability of the press to the public. However, the ANC has decided that the country’s parliament should still investigate the creation of a media tribunal “that is empowered to impose sanctions without the loss of any constitutional rights”.
The Protection of State Information Bill was adopted by parliament this year, despite concerted resistance from a wide range of organisations and individuals. The bill, driven by state security agencies, is expected to undermine access to state information and inhibit investigative journalism. Revisions did not address its draconian penalties of up to 25 years or the overly narrow scope of its belatedly included public interest clause. In a significant improvement, however, the bill no longer overrides the Protection of Access to Information Act or the Protected Disclosures Act, both passed in 2000.
Recent changes in print media ownership have seen the Independent Newspapers (former Argus) group returned by the Irish company Independent News and Media (INM) to South African control. While INM is generally regarded as having “harvested” the Independent Newspapers and thereby stunting its growth in South Africa, the acquisition by Sekunjalo has raised concerns about political control as business allies of the ruling party are involved in the deal.
Most South Africans remain dependent on television and especially radio for information. The state-owned South African Broadcasting Corporation (SABC) remains the dominant TV and radio outlet with its programming in all 11 languages. However, the SABC has been riddled with management battles and repeated allegations of political interference, which included the blacklisting of commentators critical of the government.
Digital Freedom
After a good start in the 1990s when Internet use was commercialised in South Africa, tardy and expensive broadband has slowed connectivity. Recent research suggests that 39 percent of adults, or 14 million people, access the Internet at least once a week. Another study found that a relatively high percentage of South Africans use mobile phone services (66 percent). According to the 2011 government census, half of those who use the Internet use their mobiles to do so, as only about 23 percent of households have a computer at home. Internet service providers believe this number would be higher if mobile broadband prices were more competitive. While mobile broadband is more affordable and faster than fixed-line services, prepaid mobile customers pay more than contract customers, which means poorer people have less access.
Regarding government measures, the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA) requires service providers to record and keep customer information, which can be requested by government agencies. The act disallows interception of communication, subject to judicial approval. Similarly, a judge has to grant permission before government agencies can access mobile phone records.
The Right2Know (R2K) civil society campaign in 2012 mobilised against the General Intelligence Laws Amendment Bill, which would have empowered state-security operatives to monitor e-mails and social media communication without permission from a judge. While this expansion of powers was avoided, R2K pointed out that the final version of the bill still did not provide clarity regarding the monitoring of electronic communication passing through a foreign server. The Mail and Guardian newspaper has reported on the illegal bugging of private citizens’ communication. Security agencies’ illegal monitoring of communications has become a weapon between factions in the ruling party. In the most notorious case, the ascendancy of the current president, Jacob Zuma, to the highest office was clinched with the withdrawal of corruption charges against him on the basis of “spy tapes”. These recordings, seemingly illegally made, allegedly showed a political plot against Zuma that involved the National Prosecuting Authority. Interceptions by the police’s crime intelligence divisions rose sharply between 2009 and 2010, including illegal bugging that led to the recent resignation of the head of the South African Revenue Services for attempting to recruit someone in return for sexual favours. Meanwhile, the implications are unclear of the National Cyber Security Policy that the ANC wants the government to adopt by 2014 to prevent the distribution of “harmful and anti-social” content.
Artistic Freedom
Artists have enjoyed unprecedented freedom to be creative in South Africa since the transition to democracy. However, political tensions have risen about art seen as ridiculing Zuma. In 2012, Brett Murray’s painting called “The Spear” was exhibited at a Johannesburg art gallery, depicting Zuma in a well-known pose of Communist leader Vladimir Lenin but with his genitals exposed. ANC leaders pressurised the gallery by leading a march of ANC supporters to its doors. Two men defaced the painting while on display.
An amendment in 2009 to the Film and Publications Act of 1996 that every unregistered print and online publication that contains sexual content be submitted for classification by the Film and Publications Board has since been declared unconstitutional by the High Court. The Constitutional Court still has to confirm the High Court’s decision. The board has been skittish about films depicting teenagers in sexual situations, whether consensual or forced. In 2008 it banned the Argentinian film “XXY” and this year it banned the South African film “Of Good Report” on the basis of being “child pornography”. Both bans have since been overturned.
This article was originally published on 7 Aug, 2013 at indexoncensorship.org. Index on Censorship: The voice of free expression
30 Apr 13 | authoritarian, Russia, Uncategorized
In March the Russian authorities turned their attentions to online social networks — and the Kremlin proved adept at getting major international companies to comply with its directives: on 15 March Twitter blocked an account that promoted drugs and on 29 March Facebook took down a page called “Suicide School” rather than see its entire network blacklisted.
On 25 March, reports surfaced that the ministry of Communications and Mass Media planned to transfer maintenance of the Registry of Banned Sites from communications regulator Roskomnadzor to a third party selected by Roskomnadzor. The ministry proposed changes to the registry; to maintain website owners’ information on the register but deny sites owners — as well as hosting and Internet providers — access to the entire registry. Internet service providers will also be obliged to restore access to sites that have been removed from the register within 24 hours.
Education and schools
ISPs win small victory on child protection
Reports from 1 March stated that Vladimir Putin agreed a change to the Russian administrative code exempting internet service providers from responsibility for preventing availability to children of harmful materials from publicly accessible internet services. Responsibility now rests with all “persons who provide access to information distributed via telecommunication networks in places accessible to children” rather than ISPs.
Saratov demands better filtering
On 13 March the Saratov regional prosecutor reported that the Bazarno-Karabulaksky district prosecutor had discovered that pornographic websites were accessible from computers in the village school of Alekseevka. Similar violations were discovered in schools of Maksimovka, Vyazovka and Sukhoi Karabulak. The schools were told to upgrade their content filtering.
Tyva schools ordered to improve content filtering
On 27 March it was reported that the Tandinsky district court in the Tyva Republic had accepted a district prosecutor’s demand that Kochetovo village school enhance its content filtering. An inspection had found that students could access websites providing instructions on manufacturing smoking blends and explosives, as well as publications included on the Federal List of Extremist Materials.
Neryungri prosecutor demands filtering
It was reported on 27 March that the Neryungri prosecutor had discovered that computers in several schools and a college allowed access to undesirable websites. Educational managers were fined for their negligence and content filters are currently being installed.
Pskov clamps down on porn
On 29 March it was reported that the Dnovsky district prosecutor in Pskov had discovered that students in a secondary school in the town of Dno were able to freely access pornographic websites and sites promoting the use of illegal drugs. The school was told to stop allowing such access.
Bashkortostan targets cannabis site
The Meleuzovsky prosecutor in Bashkortostan discovered that banned websites were accessible in several Meleuz educational institutions. Students in one school could access a website containing information on manufacturing hashish. The prosecutor demanded that the schools restrict access.
Extremism
Extremism “discovered in burger bar”
On 28 February an inspection by the counter-propaganda department of the Karachay-Cherkess Republic ministry of the interior’s anti-extremism unit found an extremist website on the Federal List of Extremist Materials, made publicly accessible from a computer in the Momento Burger internet cafe in Cherkessk. The case is now being considered by the local prosecutor.
Syktyvkar assault on ‘extremist materials’
It was reported on 15 March that the Syktyvkar city court had accepted its prosecutor’s writ demanding that access to 20 sites be restricted by the ISP ParmaTel for featuring extremist materials.
Vologda blocks Islamist website
On 18 March it was reported that the Sokolsky prosecutor had issued a request to an ISP to block access to radical Islamist websites including an article included on the Federal List of Extremist Materials.
Samara clamps down
On 19 March the Kirovsky district court of Samara granted the prosecutor’s office claim against an Internet provider for providing access to a website that contained the book The Gardens of the Righteous by Imam Abu Zakaria Mohiuddin Yahya. The book is included on the Federal List of Extremist Materials.
Moscow prosecutor restricts access
On 19 March it was reported that Gagarinsky prosecutor in in Moscow had filed a writ with Gagarinsky district court against the ISP Niko-2001, demanding restrictions on access to five websites containing publications on the Federal List of Extremist Materials. The ISP complied and the case was dropped.
Nazis suppressed in Lipetsk
Reports from 19 March stated that the Sovetsky district prosecutor in Lipetsk had successfully demanded that the White Resistance (Beloie Soprotivleniie) website be recognised as extremist because it contained Aryan supremacy propaganda, including Adolf Hitler’s Mein Kampf.
Ulyanovsk goes for Islamists
On 21 March the Ulyanovsk regional prosecutor stated that the Inzensky district prosecutor had found a number of publicly accessible websites containing extremist materials, including the Letter of the Autonomous Mujahideen Group of Vilayata KBK IK, which is on the Federal List of Extremist Materials. The district prosecutor has served a writ against the local branch of the ISP Rostelekom demanding that access be blocked.
Saratov upholds ban
On 22 March it was reported that the civil law panel of the Saratov regionial court had upheld a lower court’s decision to order the ISPs COMSTAR-Regions and Altura to restrict access to websites containing extremist materials.
Saratov prosecutor sues against hatred
On 27 March the Saratov regional prosecutor was reported to have filed eight writs against the ISP COMSTAR-Regiony and the regional branch of the ISP Rostelekom, demanding restrictions on access to websites containing references to extremist activity and materials aimed at inciting hatred or enmity.
Poem targeted in Tambov
On 27 March it was reported that the Michurinsk city prosecutor in Tambov had demanded that the ISP Telesputnik restrict access to a web page containing a poem included on the Federal List of Extremist Materials. The poem was declared extremist by a city court in Yuzhno-Sakhalinsk in 2007.
Chelyabinsk restricts nationalist site
On 28 March the Chelyabinsk regional prosecutor announced that the Leninsky district prosecutor in Magnitogorsk had filed seven writs demanding that ISPs restrict access to a right-wing website publishing extremist materials — among them the the article Open Questions of Russian Nationalism.
Sverdlovsk targets Islamists
On 28 March the Sverdlovsk regional prosecutor announced that the Kamensk-Uralsky prosecutor had filed several writs against the ISPs Kamensk-Telekom and Konveks-Kamensk and the regional branch of Rostelekom demanding restrictions on access to websites containing materials on the Federal List of Extremist Materials including the tract Adhering to the Sunnah of the Prophet (Peace and Blessings of Allah be Upon Him).
Bryansk ISP gets court order
On 28 March it was announced that the Bryansk regional court had granted the request of the Volodarsky district prosecutor to restrict access to websites containing extremist materials. The Sovetsky district court last year rejected the request but was overturned on appeal.
Ivanovo prosecutor wants explosives ban
On 28 March the Ivanovo regional prosecutor reported that the Teikovsky prosecutor had identified publicly accessible websites that contain information about manufacturing explosives. Writs demanding restriction of access to the websites were subsequently issued.
Kirov kills fascist website
On 28 March the Kirov regional prosecutor reported that a publicly accessible website offering items with fascist symbols for sale was identified during an audit. The Kirov city prosecutor demanded that the ISP MTC block access and the court complied.
Gambling and online casinos
‘No more gambling’ in Chapayevsk
On 6 March the Samara regional prosecutor declared that the Lenin district court of Samara had accepted 19 complaints by the Chapayevsk town prosecutor about inadequate restrictions on access to gambling websites.
Ulyanovsk restricts pyramid schemes
On 14 March it was reported that the Novomalyklinsky district prosecutor’s office of the Ulyanovsk region had issued writs against the local branch of the ISP Rostelekom demanding restrictions on access to websites run by the pyramid-scheme impresario Sergey Mavrodi.
Kurgan stops the betting
On 15 March it was reported that the Dalmatovsky district prosecutor had identified 25 gambling websites. The prosecutor demanded that the ISP Rus block the sites, and it agreed.
Online gambling halted in Penza
On 15 March the Penza regional prosecutor reported that the Lenin district prosecutor had identified 13 online casino websites. The prosecutor filed a writ against the ISP Rostelekom demanding that access be restricted, which was granted.
Orenburg rules out casinos
On 15 March it was reported that the Novotroitsk town court in the Orenburg region had agreed to a prosecutor’s demands for restrictions on access to online casino sites. The ISP Ass-Com blocked more than 20 websites voluntarily.
Omsk bars access to gambling
On 20 March the Leninsky district prosecutor’s office in Omsk sued the ISP Sakhalin in the Leninsky district court, demanding restrictions on access to pyramid-scheme websites.
Pskov stops the gamblers
On 21 March it was reported that the Pskov regional prosecutor had found 85 websites with gambling-related information and demanded access restrictions for the sites. After a long legal wrangle, the local branch of the ISP Rostelecom was ordered to restrict access.
Khanty-Mansiysk closes online bookies
On 22 March the Khanty-Mansiysk Autonomous district prosecutor’s office reported that the Nyagan Town prosecutor had identified several gambling websites. Based on the results of the inspection, the prosecutor filed a lawsuit against the local Rostelekom branch demanding that access to the websites be restricted. The Khanty-Mansiysk district court has granted the petition in full.
Perm blocks gambling access
On 26 March the Perm regional prosecutor reported that pyramid-scheme websites had been found in the public domain in Chernushinsky district. The district prosecutor issued a writ demanding that the local ISP restrict access to these sites, which was accepted by the district court.
Khanty-Mansiysk clamps down
On 26 March it was reported that the appeal court in the Khanty-Mansiysk autonomous district had accepted demands from local prosecutors that pyramid-scheme websites be blocked.
Social networks
Twitter closes account and deleted Tweets
On 15 March it became known that in the two preceding weeks Twitter had blocked access to five tweets and closed one user account upon request from Roskomnadzor because its owner advertised the sales of illegal drugs. Three Tweets were blocked for promoting suicide and two more for assisting in drug distribution. The deleted user’s account had advertised a drug distribution network, and was reported to Roskomnadzor by Twitter after its removal.
ISP blocks social networks in Ryazan and Orel
On 28 March it was reported that the ISP Rostelekom had blocked the Odnoklassniki and VKontakte social networks in the Ryazan and Orel regions and had blocked access to YouTube in Orel and Livejournal in Ryazan. The websites were included on the Registry of Banned Sites, but the block was later lifted.
Roskomnadzor warns Facebook
On 28 March it was reported that the federal communications agency Roskomnadzor notified Facebook that it would be blocked unless it removed a page called “Suicide school”, containing (mostly humurous) information about suicide. The page was added to Russia’s internet blacklist and was taken down by the social networking site.
Drugs and pornography
Samara blocks drug-dealing sites
On 12 March it was reported that the Novokuibyshevsk city court in Samara region had demanded that local ISPs MIRS, Next Tell-Samara, Progress IT and TesComVolga restrict access to 25 websites that offered narcotics and psychedelic substances for sale. The websites were identified during an audit conducted by the FSB Department of Samara Region.
Sverdlovsk prosecutor demands drugs action
Reports from 12 March stated that the Sverdlovsk regional prosecutor had filed eight writs against the local branch of the ISP Rostelekom, demanding restrictions on access to the websites containing material encouraging the use of illegal drugs.
Vladimir restricts access to porn and drugs
On 18 March the Vladimir regional prosecutor declared that the Kolchuginsky interdistrict prosecutor had found websites containing pornographic materials, information about drug manufacturing and articles about suicide methods, made publicly accessible from a computer installed in the Kolchugino town post office. The prosecutor issued a writ against against a local branch of the ISP Rostelekom demanding that access be restricted, to which the ISP agreed.
Samara prosecutor demands porn block
On 19 March it was reported that the Novokuibyshevsk city prosecutor had filed six writs to block websites featuring child pornography. The lawsuits are pending.
Khabarovsk court upholds ISP porn decision
On 21 March it was reported that the Khabarovsk regional court had upheld the decision of the Centralny district court in October 2012 against the local branch of the ISP Rostelekom, restricting access to two websites with pornographic content.
And the rest…
Website blocked for suicide book
On 27 March it was reported that a book by Perm psychotherapist Yuri Vagin, Aesthetics of Suicide (Estetika samoubiystva) had been categorised as extremist. The federal communications agency Roskomnadzor included the website of the Perm psychoanalytic society, which published the book, on the Registry of Banned Sites.
Orthodox parish registered as dangerous
On 27 March it was reported that Roskomnadzor had included the website of Svyato-Vvedensky parish of Rostov on the Register of Banned Sites. As of 30 March, a message “The requested page could not be found” could be seen when attempting to access the site.
Websites warned over Pussy Riot
On 5 March Roskomnadzor reported that it had issued warnings in late February 2013 to the editorial boards of Argumenty i Fakty newspaper and the Polit.ru online news service for republishing a video clip by the Pussy Riot punk collective. The video had been previously been defined by a court as extremist.
Popular writers blog added to banned list
On 19 March Roskomnadzor added to the Register of Banned Sites a page from the online blog of popular writer Leonid Kaganov that featured the lyrics to a satirical song from a 1990s TV show — supposedly for encouraging suicide. A blog post in which Kaganov commented on this ban was then added to the register — and then so was his entire blog, even though, on the request of Roskomnadzor, Kaganov removed the contentious lyrics from his blog.
Sakhalin ISP told to stop giving bribery tips
On 26 March the Sakhalin regional court reversed a previous Yuzhno-Sakhalinsk city court decision not to ban the ISP Rostelekom from allowing access to a website containing information about giving bribes. The ISP must now restrict access to the site.
Andrei Soldatov is a Russian journalist, and together with Irina Borogan, co-founder of the Agentura.Ru website. Last year, Soldatov and Borogan co-authored The New Nobility: The Restoration of Russia’s Security State and the Enduring Legacy of the KGB (PublicAffairs)
19 Apr 13 | Newswire
WATCH A LIVE PERFORMANCE OF THE ARREST OF AI WEIWEI FROM 7.30pm GMT
A few days after China’s most famous dissident artist Ai Weiwei was released from jail in June 2011, writer Barnaby Martin called his old mobile phone number. Unexpectedly, Ai answered call. Through subsequent meetings and conversations Martin recorded a full and unparalleled account of Ai Weiwei’s incarceration, from his airport detention to final release.
#aiww: The Arrest of Ai Weiwei is a new play by Howard Brenton, based on Barnaby Martin’s novel and directed by James Macdonald, showing now at the Hampstead Theatre. Index on Censorship is taking part in the worldwide live web streaming of the play, from 1930GMT on Friday 19 April.
This elegant performance centres on communication and miscommunication. In a series of baffling scenes the artist tries and fails to convey his version of events to a steady stream of guards, interrogators and officials who do not want to know. Challenged about his blog, Ai replies, “It’s the net, it’s freedom, why can I not say what I want? I’m human.”
He might as well be inhabiting a different world. In rare moments when we watch prisoner and guards communicating, for instance about how to cook Beijing noodles, it feels like Ai Weiwei might have won. His belief in the basic human need to think, believe and act freely has permeated even the Party’s most brain-washed foot soldiers.
These moments don’t last long, however. Although he was never beaten, Ai emerged from 81 days of imprisonment and psychological torture a different man.
This production serves as a reminder that arguments for national security and “harmony” will always be used in authoritarian regimes to limit freedom and condemn artists as “hooligans” and “conmen”, guilty of subverting state power. But all that Ai Weiwei claims to have been doing was depicting “humanity”, “nakedness” and “life”.
Index is glad to support Hampstead Theatre’s live streaming of #aiww: The Arrest of Ai Weiwei. You can watch it live from 19:30GMT on Friday 19 April
19 Apr 13 | religion & culture
WATCH A LIVE PERFORMANCE OF THE ARREST OF AI WEIWEI FROM 7.30pm GMT
A few days after China’s most famous dissident artist Ai Weiwei was released from jail in June 2011, writer Barnaby Martin called his old mobile phone number. Unexpectedly, Ai answered call. Through subsequent meetings and conversations Martin recorded a full and unparalleled account of Ai Weiwei’s incarceration, from his airport detention to final release.
#aiww: The Arrest of Ai Weiwei is a new play by Howard Brenton, based on Barnaby Martin’s novel and directed by James Macdonald, showing now at the Hampstead Theatre. Index on Censorship is taking part in the worldwide live web streaming of the play, from 1930GMT on Friday 19 April.
This elegant performance centres on communication and miscommunication. In a series of baffling scenes the artist tries and fails to convey his version of events to a steady stream of guards, interrogators and officials who do not want to know. Challenged about his blog, Ai replies, “It’s the net, it’s freedom, why can I not say what I want? I’m human.”
He might as well be inhabiting a different world. In rare moments when we watch prisoner and guards communicating, for instance about how to cook Beijing noodles, it feels like Ai Weiwei might have won. His belief in the basic human need to think, believe and act freely has permeated even the Party’s most brain-washed foot soldiers.
These moments don’t last long, however. Although he was never beaten, Ai emerged from 81 days of imprisonment and psychological torture a different man.
This production serves as a reminder that arguments for national security and “harmony” will always be used in authoritarian regimes to limit freedom and condemn artists as “hooligans” and “conmen”, guilty of subverting state power. But all that Ai Weiwei claims to have been doing was depicting “humanity”, “nakedness” and “life”.
Index is glad to support Hampstead Theatre’s live streaming of #aiww: The Arrest of Ai Weiwei. You can watch it live from 19:30GMT on Friday 19 April
