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I have struggled to write this blog. There don’t seem to the right words for something so serious, so terrifying but so utterly predictable.
Putin has invaded Ukraine – again.
As I write there are Russian bombs falling across Ukraine. Innocent people are dying, families are sheltering from bombing raids in the underground and people are fleeing.
This act of war, from a tyrant, cannot be explained or excused. This is an effort to destabilise Europe. To re-build a Russian Empire. To secure Putin’s legacy. It is not about NATO expansionism or a security threat from Ukraine. This is all Putin. This is not about the Russian or Ukrainian people.
Putin has brought war and death to mainland Europe and the world is more unstable than at any time since the Cuban Missile Crisis. That is our shared reality in 2022. This is the consequence of allowing a dictator to operate unchecked as readers of our work at Index know only too well.
Index does not exist to pontificate about international relations and defence policy – as frustrated as we may be. Our role, always, is to provide a space and a voice for dissidents and those being persecuted. But, and it’s a big but, we were founded in the midst of the Cold War half a century ago – to promote and protect the liberal democratic value of free expression. To work behind the Iron Curtain to provide a platform for the work and personal reflections of dissidents. We did this because we believe in democracy. That the foundations of free expression are protected at the ballot box. That the ultimate expression of freedom is the right to self-determination and to peace in a free society.
The invasion of Ukraine brings to the fore the reasons why Index exists. Even in the early hours and days of this aggression we have seen misinformation used as a propaganda tool. Journalists in Russia have been instructed to only use official comment on events in Ukraine. Protesters against the war in Moscow are being arrested in the dozens. And DDoS attacks on Ukrainian cyber infrastructure is becoming the norm. Putin is seeking to control every form of communication – that is not free speech.
In the months and years ahead Index will continue to provide a platform for dissidents. We will tell the stories of those writers, artists and academics who are being silenced by Putin’s regime. We will do what we do best – be a voice for the persecuted.
But as scared as I am of events in Eastern Europe – I worry about censorship through noise (as so ably articulated by Umberto Eco) that we are about to live through. Every repressive government could move against their citizens in the coming months with little global condemnation as our world leaders seek to find peace and secure the world as we know it. As we have for over half a century Index will be a home for those dissidents too – wherever they live – highlighting their stories and publishing their work.
The months ahead are going to be awful for too many people. Tyrants will believe they have a free hand to move against their citizens. Europe faces more war and the Chinese Communist Party may well seek to manipulate events to suit themselves.
In this unstable world the work of Index has never been more vital and we will do everything we can to support those who need us most.
It’s difficult to see the multi-millionaire US podcast host Joe Rogan as the victim of censorship. This month, Forbes reported that he had been offered $100m to switch allegiance from the music streamer Spotify to the right-wing free-speech platform Rumble. To his fans, part of the attraction of this former wrestling commentator is that he represents the American everyman, a fearless straight talker in opposition to the mainstream media.
The reality is that, with 11 million listeners, Rogan far outstrips the audience of the established media. Even the most popular TV news hosts cannot dream of such figures: Tucker Carlson, Fox News’s most popular anchor, averages a mere 3.2 million viewers while Jake Tapper of the liberal network CNN struggles to hit viewing figures of one million.
But there is a free expression issue here. When singer-songwriters Neil Young and Joni Mitchell objected to Rogan including misinformation about the Covid vaccine, they could have simply decided to remove their music from the platform. This would have been consistent with the tradition of the protest singer, from which they both come. The problem was that they appeared to make this an ultimatum, asking Spotify to choose between them and the podcaster.
As a commercial decision this was no contest. But in terms of the free circulation of ideas in a free society, it is more problematic. Wherever possible, we should allow the most uncomfortable debates to take place in the largest possible arena. And Rogan’s arena is certainly large.
The intervention of Young and Mitchell was significant precisely because it sparked debate about the limits of free speech. They were not alone in objecting to the views of Dr Robert Malone, a guest who questioned the effectiveness of mask-wearing and likened the mass-vaccination programme to Nazi Germany. Some 270 scientists also wrote to Spotify to demand they address misinformation on Rogan’s show.
Following the row, Spotify is reported to have removed more than 110 episodes of Rogan’s show where they were seen to spread misinformation or guests used racist slurs. This though is not censorship. Removing content is an editorial decision. Young and Mitchell have succeeded where others have failed in forcing a major media platform to recognise its responsibilities as a publisher.
The pandemic has put a huge strain on our instinct for free speech. But the reality is that the debate between sceptics and adherents to government policy has been, for the most part, open and vibrant. The discussion around the Joe Rogan show has resulted in the podcaster committing himself to providing more balance in future and Spotify acknowledging its role in modifying content.
If nothing else, this episode has at least disabused us of the idea that Rogan is an outsider, let alone a dissident. For better or worse he now is the mainstream media.
Nigerien journalist Samira Sabou, winner of Index on Censorship’s Freedom of Expression Awards 2021 in the journalism category, has been handed a one-month suspended prison sentence and a fine of 50,000 FCFA (around £65) for circulating an article on drugs trafficking in the country. The sentence was handed down by the courts despite her house being searched without a warrant and Sabou being questioned without a lawyer being present.
The article – Strange Days for Hashish Trafficking in Niger – reported on the trafficking of cannabis through West Africa to North Africa, and the seizure by Nigerien authorities of a large shipment, some of which later went missing.
“On 26 May 2021, I posted an article on drug trafficking in the country,” says Sabou. “The following day I was summoned by an individual who called me on the phone. He told me that he was from the anti-drug unit and that I must come immediately. He didn’t tell me why. I told him that I would first call my lawyer and I would get back to him. But I was told that if I did not show up immediately he would send agents to look for me.”
Within 30 minutes at least 10 people showed up at Sabou’s house to search it.
“After reminding them that they could not come to my home and search it without a warrant, there was a fight,” she says. “They handcuffed my husband and took his phone to prevent him from calling my lawyer. They also confiscated my phone maybe because I had posted on social media about what was happening. In the face of legal harassment against me, it has become a habit of mine to make society my witness through Facebook posts.”
“Later that day police officers from the Central Office for the Repression of Illicit Trafficking in Narcotic Drugs (OCRTIS) came to take me in for questioning. They begged my husband to let me go with them, still without a warrant, and without my lawyer. And all this for a simple post on Facebook. I am neither a murderer nor a drug dealer, let alone a fugitive. I am a simple journalist!”
Sabou was taken against her will to the OCRTIS premises and interrogated. Following this, OCRTIS filed a complaint against Sabou for indirect defamation and she was summoned on 6 June to the Directorate of the Judicial Police (DPJ).
“At this stage I would like to point out that no responsible and ethical judge would agree to proceed given that the complainant (OCRTIS) had me forced from my home, without a warrant, and had questioned me without a lawyer. It is outrageous, completely senseless in a country of ‘rights’. And all this for sharing a post on Facebook!” she says.
On 9 September Sabou appeared before the Tribunal de Grande Instance Hors Classe in Niamey, where she was prosecuted for “defamation” and “diffusing information to disrupt public order” under the cyber crime law of 2019.
However on 27 December 2021, ORCTIS withdrew its complaint but her prosecution did not stop there.
“The public prosecutor’s office did not honour its part of the agreement and instead of dropping charges, asked for a conviction. On 3 January this year I was found guilty of defamation. I received a one-month suspended prison sentence and a fine of 50,000 FCFA. My colleague Moussa Aksar was also found guilty, with a two-month suspended sentence and a fine of 100,000 FCFA.”
It is not the first time Sabou has had brushes with the authorities.
In June 2020, she was arrested and charged with defamation in connection with a Facebook post highlighting corruption, specifically possible overbilling by the country’s defence ministry. She spent over a month in detention before eventually being discharged and released.
Sabou says, “The most incredible thing about this affair is that we are not the only Nigerien journalists, citizens and media to have shared the article. But we are the only ones to have been punished by the justice system in such an extreme way. It is very clear that this is all part of a broader campaign of harassment against me and the work that I do, a campaign to silence me.”
In June 2015, a national newspaper in Britain started a campaign to have a play banned. This surprised me for two reasons. One: clearly no one had told the Daily Mirror about the Theatre Act 1968, which abolished the state’s censorship of the stage and did away with the quaintly repressive (if that’s not an oxymoron) notion of the Lord Chamberlain’s red pen. Two: the play in question was mine.
I wrote An Audience With Jimmy Savile to show how the late entertainer managed to get away with a lifetime of sexual offending. But despite the play’s very public service intentions, the Mirror started a petition to stop it. And so, for a moment, I found myself in some exalted, unwarranted company: Ibsen and George Bernard Shaw had plays banned (Ghosts and Mrs Warren’s Profession, respectively). Inevitably, however, the Mirror’s cack-handed attempt at censorship failed and the play went ahead.
The episode was instructive, however. Because while it’s true that “we” – that is, the British state – don’t ban plays any more, a powerful and unhealthy censorious reflex still exists and there are clear signs that the urge to stifle and to repress has been growing stronger over the last few years. That repression takes many forms: a social media backlash here, a not-very-subtle government threat there – but it’s real, it’s unhealthy and it’s profoundly worrying.
We are not, of course, in the same league as China – where a play bemoaning their treatment of Uyghur Muslims, for example, would never be officially sanctioned – but as playwright David Hare told me in an email exchange for this article, censorship in the West is real. It just isn’t called that anymore.
“Is there censorship in the sense that there is censorship in Iran, Russia or China? Of course not. Nobody’s physical survival is threatened,” he said.
But he does seem to say that the BBC has, in effect, become a censorious government’s useful idiot. (My phrase, not his.)
“The BBC has a current policy of deliberately not alienating the government,” he said. “They have chosen the path of ingratiation rather than asserting their independence. The result is, effectively, a range of subjects [which is] hopelessly narrowed. Hence the ubiquity of cop shows. Even medical dramas are forbidden if they stray into questions of ministerial health policy.”
Some might accuse Hare of pique, given that a TV adaptation of his most recent play, Beat the Devil, starring Ralph Fiennes, was turned down by the BBC. He says it was rejected because of the subject matter: Covid-19. (Hare became gravely ill with the virus and the play depicts him on his sickbed, despairing of the government’s response to the pandemic as they “stutter and stumble” on the airwaves.)
Indeed, when Hare went public with his attack on the corporation for turning him down, it refused to comment and the inference was that this was an editorial judgment and not a political one. But, says Hare, they would say that wouldn’t they?
“Censorship in the West,” he said, occurs “in the impossible grey area between editorial judgment and active prohibition.”
He’s right. The most egregious recent example of censorship-in-all-but-name occurred in 2015 when the National Youth Theatre (NYT) cancelled a production of the play Homegrown, about the radicalisation of young Muslims, two weeks before it was due to open. The executive who made the decision cited “editorial judgment” as a factor.
But, thanks to Freedom of Information requests from Index on Censorship, a fuller explanation emerged soon afterwards. An email from the NYT executive responsible for cancelling the production contained the following line: “At the end of the day we are simply ‘pulling a show’ … at a point that still saves us a lot of emotional, financial and critical fallout.”
In other words: “Yes, we might be censoring an important piece of work featuring the two most underrepresented groups on stage – Muslims and young people – because we are worried about defending ourselves from a backlash which hasn’t happened yet, but we don’t really fancy defending free speech and trying to ride out the storm because it’s too much hassle. So, let’s just cancel it and put it down to editorial judgment. Oh yeah – and safeguarding. Even though putting on work like this should be our raison d’etre.”
The director of the piece, Nadia Latif, was understandably shellshocked. A few weeks after the cancellation she said the creative team were “genuinely still reeling. The gesture of someone silencing you is a really profound one. You give your heart and soul to something, and someone comes and shuts it down. It’s like they’re saying my thoughts and feelings are no longer valid.”
And to refer the audience to my earlier point, it’s happening more and more. Albeit behind the scenes, and sometimes in ways you don’t get to hear about. There are two reasons for this: the pandemic and the nature of the current government.
The pandemic first. Although Hare’s Covid-19 polemic made it to the stage, that was the exception not the rule. I can’t find any other examples of plays critical of the current government being either staged or commissioned.
That would seem to be directly related to the fact that, during lockdown, every theatre in the country was desperate for financial assistance from the Treasury. So regrettably, but perhaps not surprisingly, few gave the go-ahead to works which bit, or even nibbled, the only hand that could feed them.
This isn’t speculation. When the producers of my play The Last Temptation of Boris Johnson – an unashamed takedown of the prime minister – tried to book it into theatres for a national tour post-pandemic, more than one theatre said, in effect: “We are worried we will lose our Covid grants if we put on a play like that.”
Which brings us on to the current Conservative government and its attempt to take a long march through our cultural, creative and editorial institutions.
When the Tories couldn’t get the former Daily Mail editor Paul Dacre installed as the new boss of the broadcasting regulator Ofcom, they simply scrapped the selection process and ordered that it start again, putting Dacre’s name forward once more – even though, first time round, the selection panel described him as “not appointable”. Dacre has now voluntarily withdrawn and gone back to the Mail.
Someone who was appointable and acceptable, however – to the government, that is – was Nadine Dorries, the new secretary of state for digital, culture, media and sport. Putting Dorries in charge at DCMS was a bit like getting Herod to run the local nursery. Within days of taking over she reportedly started issuing threats against our premier creative organisation – the BBC – which, in her view, was guilty of not sufficiently toeing the line.
After the BBC radio presenter Nick Robinson hectored Johnson in an interview – “Stop talking, prime minister” – it’s said that Dorries told her advisers that Robinson had “cost the BBC a lot of money”.
A bit like the take on Aids policy from the satricial show Brass Eye – is it Good Aids or Bad Aids? – there is Good Censorship and Bad Censorship. The decision to ban Homegrown falls into the latter category.
But the act of self-editing – in effect, self-censorship – has more going for it. As Hare puts it: “There is all sorts of subject matter I wouldn’t tackle – but entirely because I’m not good enough. I have always refused anything which represents life in Nazi concentration camps, since I don’t trust myself to do it well enough to do justice to what happened. If I don’t think I can do justice to the real suffering of real people, then I avoid, [although] I take my hat off to great writers who are able to expand subject matter at a level where it vindicates the idea of writing about absolutely everything. More power to them.”
But it’s complicated, of course. The worry is that more and more writers, terrified of a vicious social media backlash, are self-editing to an extent that is unhealthy. There are few, for example, who would now dare to pen a play that took a critical, coolly objective look at both sides of the argument over transgender rights – even though tackling difficult subjects and representing “problematic” points of view is, arguably, one of theatre’s prime functions. What could be more relevant, and on point, than a play like that?
One playwright who did sail into these waters was Jo Clifford. Her play, The Gospel According to Jesus, Queen of Heaven, casts Jesus as a trans woman. During its 2018 run at Edinburgh’s Traverse Theatre, an online petition demanding the play be banned garnered a healthy – or rather unhealthy – 24,674 signatures. Soon after that she spoke of how artists and writers were “on the front line of a culture war that will only deepen and strengthen as the ecological and financial crisis worsens and the right feel more fearfully that they are losing their grip on power”.
So, at a time when writers and playwrights need to be bolder, the signs are that they’re becoming more and more cowed; hence Sebastian Faulks’s bizarre announcement that he will no longer physically describe female characters in his novels. Fortunately, most of his peers seem to disagree with him. A recent open letter signed by more than 150 eminent writers, artists and thinkers including JK Rowling, Margaret Atwood and Gloria Steinem warned of “a fear spreading through arts and media”.
“We are already paying the price in greater risk aversion among writers, artists and journalists who fear for their livelihoods if they depart from the consensus, or even lack sufficient zeal in agreement,” it said.
Then again, not everyone agreed with the letter. Author Kaitlyn Greenidge said she was asked to sign it but refused, saying: “I do not subscribe to [its] concerns and do not believe this threat is real. Or at least I do not believe that being asked to consider the history of anti-blackness and white terrorism when writing a piece, after centuries of suppression of any other view in academia, is the equivalent of loss of institutional authority.”
Like I said, it’s complicated.
The big question for writers, then, is this – if, like me, you believe that anything goes on stage, provided it’s not proscribed by law, how far should you go? Where do the (self-imposed) limits of free expression lie?
Those limits are different for each writer, of course. I would draw the line at, for example, depicting sexual assault on stage. My Jimmy Savile play showed the effects of it, clearly, on the main character – a young woman who’d been abused by him at Stoke Mandeville Hospital – but left the rest to the audience’s imagination. Sometimes it’s more powerful that way.
I would, however, defend the right of other playwrights to go further and include vivid scenes of sexual assault, provided it was for the “right” reasons. There would need to be a coherent dramatic justification for it and the creative team would be advised to have plenty of flak jackets ready. Anyone who tests the boundaries in this way will inevitably face accusations of prurience, unjustified provocation or worse.
In 1980, when Howard Brenton showed a scene of homosexual rape in The Romans in Britain, the production found itself being prosecuted for gross indecency by Mary Whitehouse as part of her attempt to “clean up” Britain. (The prosecution failed when a key witness admitted that, from the back of stalls, what he thought was a penis might have been an actor’s thumb.)
A similar court case today would be unlikely. But then again there is always the Court of Public Opinion, powered by the rotten fuel of social media, which is arguably more scary and intimidating than the real thing.
I wouldn’t draw the line at giving free expression on stage to anti-Semitism, either. Sometimes the best way to destroy an argument is to bring it into the light. With one crucial proviso, which I will come to in a moment.
As a Jew who lost relatives in the Holocaust I am fascinated by the subject. I would love to see a play which explained where anti-Semitism came from. Or whether the definitions of it are justified. Are there internal contradictions there? (We fought the war to preserve our freedoms, but isn’t using the label “anti-Semitic” a destruction of one of our most cherished freedoms? As in, the freedom of speech?)
Any play which seeks to answer these questions would need characters espousing anti-Semitism – the more articulately the better, in my view – if they are to work properly.
My proviso would be that the anti-Semitism would need to be both contextualised and rigorously challenged. This could be done within the play – two characters arguing – or in the form of a post-show debate.
I would, for example, even have defended the right of writer Jim Allen and director Ken Loach to stage Perdition, their controversial 1987 play for the Royal Court, despite its disgusting anti-Semitic tropes.
The play accused Jews of “collaborating” with the Nazis during the Holocaust (is there a more loaded, insulting, inappropriate word in this context than “collaborated”?) and was based on the story of Rudolf Kastner, who negotiated with Adolf Eichmann to let more than 1,600 Jews flee Hungary for the safety of Switzerland.
Kastner, it is argued, should have done more to warn more Jews (not just the 1,600 that he rescued) of what was happening. Hence Allen’s line: “To save your hides, you [a Jew] practically led them to the gas chambers.” Disgusting, misjudged and morally wrong.
In the resulting furore, the Royal Court cancelled the play. But the decision to ban it, paradoxically, only increased support for it, and the poison it contained. I would have let it go ahead but tried to persuade Allen to make editorial changes. And if that didn’t work (and I doubt it would have done, although some controversial lines were excised during rehearsals) then I would have staged a debate, forming part of the show, which allowed the Jewish community to explain why the play was so offensive and misjudged. Education beats defenestration, every time.
The stage would be the perfect place to explore the arguments on both sides, but in particular to highlight the muddy thinking of the anti-Israel lobby, as personified by Sally Rooney, who recently decided to punish the Jews by forbidding a Hebrew translation of her latest novel. (Although making them read it might have been a more effective punishment.)
British theatre is not in a good place today. Where are the revolutionaries? The new, angry young men and women, the new John Osbornes? We don’t need to Look Back In Anger: it’s all in front of us, now.
Would a film like 2009’s Four Lions, a deeply moral but, to some, hugely offensive Jihadi satire, get made today? I very much doubt it.
We – all of us: writers, commissioners and directors – need to be braver.