We must make sure UK coronavirus legislation is only temporary

[vc_row][vc_column][vc_single_image image=”112844″ img_size=”full”][vc_column_text]When the political scientist and historian Benedict Anderson wrote about nations in his 1983 book Imagined Communities, he said that belonging to them was particularly felt at certain moments. Reading the daily newspaper for one; watching those 11 men representing your country on the football field another. If Anderson were alive today, he might add “getting a government text message” to the list. Last Tuesday people throughout the UK all shared in this experience. Following Prime Minister Boris Johnson’s announcement the night before that we must all stay in, with few exceptions, the nation’s phones pinged to the alert “New rules in force now: you must stay at home. More info and exemptions at gov.uk/coronavirus Stay at home. Protect the NHS. Save lives.” It was a first. The government had never before used the UK’s mobile networks to send out a message on mass.

By “force” the message meant exactly that. Police now have the power to fine those who flout the new rules. Quickly videos have emerged of officers approaching people on the streets, such as one showing sunbathers in Shepherd’s Bush being told to leave, and photos of a 25-person strong karaoke party that was dispersed this weekend. Almost overnight we went from being a nation where most people could come and go as they pleased to one in which we can barely leave our front door.

State-of-emergency measures are necessary in a real crisis, which is where we land today. Hospital beds are filling up fast, the death toll is rising, the threat of contagion is real and high. Few would argue that something drastic didn’t need to be done. But that does not mean we should blindly accept all that is happening in the name of our health. Proportionality – whether the measures are a justified or over-reaching response to the current danger – and implication – how they could be used in other aspects – are questions we should and must ask.

The new rules of UK life have been enshrined in the Coronavirus Bill. The bill, a complex and lengthy affair, gives the government a lot of power. Take for example the rules that allow authorities to isolate or detain individuals who are judged to be a risk to containing the spread of Covid-19. What exactly does a risk mean? Would it be the journalist Kaka Touda Mamane Goni from Niger, who last week was arrested because he spoke of a hospital that had a coronavirus case and was quickly branded a threat to public order? Or how about Blaž Zgaga, a Slovenian journalist who contacted Index several weeks back to say he had been added to a list of those who have the disease (something he denies) and must be detained? This followed him calling up the government on their own coronavirus tactics. He’s currently terrified for his life.

It’s easy to dismiss these examples as ones that are happening elsewhere and not here, until one day we wake up and that’s no longer the case.

And while many of us might be far away from authoritarian nations like China, whose government is tracking people’s movements through a combination of monitoring people’s smartphones, utilising now ubiquitous video surveillance and insisting people report their current medical condition, it might only be a matter of time before we catch up.

Singapore, another country with a state that has a tight grip on its population, has already offered to make the app they’re currently using to track exposure to the virus available to developers worldwide. The offer is free but at what other costs? The Singaporean government has been working hard to allay privacy concerns and yet some linger. Will people invite this new technology in their lives? Amid the panic that coronavirus has created, it’s not hard to imagine a scenario in which such tools are imported, embraced and normalised. As Israeli historian Yuval Noah Harrari writes in the FT:

“A big battle has been raging in recent years over our privacy. The coronavirus crisis could be the battle’s tipping point. For when people are given a choice between privacy and health, they will usually choose health.”

The coronavirus bill was meant to come with an expiry date, a “sunset clause” of two years, at which stage all former laws fall back into place. The sunset clause has since been removed, and instead in its place is a clause stating the legislation will be reviewed every six months. Politicians have also sought assurances that the measures will only apply to fighting the virus, to which they have been told yes they will only be used “when strictly necessary” and will remain in force only for as long as required. All positive and stuff we should welcome. And yet how often do politicians say one thing and do another? We must be watchful and hold them to their word.

This is particularly important with the clause that enables authorities to close down, cancel or restrict an event or venue if it poses a threat to public health, a clause that has bad implications for the ability to protest. Of course in the digital age there are many ways beyond going out on to the streets to make your voice heard. And even without the internet, we’ve seen several creative forms of protest from inside the home, such as the Brazilians who have shouted “get out” and bashed kitchenware at the window as a way to voice anger at President Jair Bolsonaro.

Marching on the streets in huge numbers is, however, amongst the most effective, hence its endurance. If in six months’ time the virus is under control and social distancing is no longer essential, this clause should at point-of-review be removed. And if it isn’t, we need to fight really hard until it is. Protest is one of the key foundations of a robust civil society. It’s not a right we want to see disappear.

The great British philosopher John Stuart Mill argued in On Liberty that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”

The coronavirus crisis passes Mill’s liberty test. It is causing harm to a great number of people. It’s therefore important to take it seriously and to provide the state with adequate powers to fight the pandemic, even if that means losing some of our freedoms in the here and now. At the same time we must make sure politicians do not use this moment to tighten their grip in ways that, as stated, are disproportionate and easily manipulated. And once this is all over we expect the bill to expire too, and any apps that might no longer be necessary. Our freedoms, so hard fought for, can be easily squandered. Let’s not lose liberties on top of lives.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

Why media freedom is so important during the coronavirus crisis

[vc_row][vc_column][vc_single_image image=”112806″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Journalists beaten by batons in India; Brazil’s president lashing out at the media; a reporter arrested in Niger, all three stories tied together by a common thread – they dared to report on the coronavirus crisis.

As the world’s attention turns to fighting the pandemic, many of the world’s leaders want to fight the media at the same time. If anything, they’re taking this opportunity with the world being distracted to ramp up efforts to silence journalists.

This is why Index has launched a map in which we document what is going on around the world. The map is a partnership with Justice for Journalists Foundation who, together with our expertise running other mapping projects, will contribute by expanding cooperation with their existing regional partners in central Asia.

While we are aware some restrictions to movement and assembly are necessary at present and that these will invariably effect how journalists to do their jobs, we expect all restrictions to be lifted once the epidemic is under control, and are tracking those restrictions and attacks to media that go far beyond what could be considered reasonable and justified.

Already the response has been incredible, though deeply unsettling too. We’ve had alerts from across the globe, from the USA through to Brazil, from countries with poor records on freedom of expression to ones with higher standards. In one day alone we mapped nine new incidents. Nine. A sad reality of the world we live in today is that media violations are far from rare, but nine in a day is pretty astonishing.

At present China leads in terms of media attacks, which isn’t surprising given the duel facts of it being the country of coronavirus origin and one of the most censored media environments in the world. China’s bid to control news of the outbreak has seen a ramping up of media censorship, as Index reported at the time. Perhaps the most troubling of all stories to emerge was last month when three Wall Street Journal reporters were kicked out of the country following the newspaper publishing an opinion piece in which China was referred to as the sick man of Asia. Foreign media presence has been drained further since then. Last week China expelled more than 13 journalists from the Wall Street Journal, the Washington Post and the New York Times and banned them from working in Hong Kong and Macau too.

If that wasn’t bad enough the Chinese government is expecting other countries to sing to their tune. When Dutch cartoonist Maarten Wolterink posted a cartoon showing a Chinese plane with a coronavirus clinging to its tailplane on 24 January, the Chinese ambassador in The Netherlands voiced his disapproval and an expectation that Dutch cartoonists would be censured if they “insulted” China. Similarly, in Denmark on 27 January a cartoon by Niels Bo Bojesen appeared in Jyllands-Posten that portrayed coronavirus particles taking the place of the stars on China’s national flag. The Chinese embassy in Copenhagen demanded a public apology. Fortunately, Danish politicians didn’t capitulate. They were vocal in their defence of the paper and the general principle of free expression.

But it’s not just China that is censoring information on the outbreak and kicking journalists out. Just yesterday news emerged that Egyptian authorities have forced Guardian journalist and former Index employee Ruth Michaelson to leave the country after she reported on a scientific study saying Egypt likely has more coronavirus cases than the official numbers. Michaelson, who has lived in and reported from Egypt since 2014, has now come to the end of the road for reporting in the country, all because of something she wrote about coronavirus.

Perhaps most alarming are the violations happening in countries that until now we have regarded as relatively free. In South Africa, for example, the government has stopped epidemiologists, virologists, infectious disease specialists and other experts from commenting on Covid-19. All requests for comment must be directed to the National Institute for Communicable Diseases. At a time when knowledge is crucial, when the internet is being flooded with disinformation, blocking access to those who are experts in the field is dangerous to say the least.

Similarly, in Slovenia the investigative journalist Blaž Zgaga has been subject to death threats and a smear campaign since submitting a request for information to the government about its management of the coronavirus crisis. Zgaga is now living in a state of fear. This in a country that ranked 34 out of 180 countries in the RSF world press freedom index 2019. Is Slovenia about to turn its back on media freedom?

All of these examples show why the map is critical. We need to let it be known to people and politicians that we are watching and that we are documenting. We need to increase awareness around the world about the current state of press freedom during the coronavirus crisis, as well as to raise awareness more broadly about the importance of media freedom and the challenges that journalists face. We need to rally behind and help journalists as much as we can during this incredibly difficult period. And, moving forward, we need to improve media freedom globally. After all, the tools used against journalists right now didn’t just emerge overnight – they’ve been finessed, tailored and expanded over the years.

These are unprecedented times and in moments of crisis our freedoms have a tendency to slide away from us. But these are also times when good, honest, trusty-worthy journalism is more important than ever. We intend to hold those in power to account and to aid those at the forefront of reporting on the coronavirus crisis.

For more information on the map and/or to report an attack, please click here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

Index and JFJ launch global initiative to monitor attacks on the media during coronavirus

[vc_row][vc_column][vc_column_text]Index on Censorship and Justice for Journalists Foundation (JFJ) announce a joint global initiative to monitor attacks and violations against the media, specific to the current coronavirus-related crisis.

According to Rachael Jolley, Editor-in-Chief, Index of Censorship: “In times of extraordinary crisis, governments often take the opportunity to roll back on personal freedoms and media freedom. The public’s right to know can be severely reduced with the little democratic process. Index is already being alerted to attacks and violations against the media in the current coronavirus related crisis, as well as other alarming news pertaining to privacy and freedoms”.

“In our daily work in the post-Soviet region, Justice for Journalists Foundation experts and partners come across grave violations of media freedom and media workers’ human rights. Today, we are witnessing how the corrupt governments and businessmen in many of the regional autocracies are abusing the current limitations of public scrutiny. This major decrease in civil liberties makes pursuing their interests easier and even less transparent, whereas media workers striving to unveil murky practices are facing more risks than ever before”, said Maria Ordzhonikidze, JFJ’s Director.

Index draws on its experience running other mapping projects to enable easy comparisons of media violations in each country, and also so data can be collated and discussed when the global crisis is over.

Justice for Journalists Foundation will contribute to this monitoring effort by expanding cooperation with its existing regional partners who provide data and analysis for the series of Media Threats and Attacks Reports in Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.

The overall goal of the project is threefold: to increase awareness about the importance of media freedom and the existing state of press freedom at this particular point in history, to support journalists whose work is being impeded, by highlighting the challenges they face to an international audience and to continue to improve media freedom globally in the long run.

Anyone interested to learn more about or contribute to this initiative by providing information on incidents and/or translation, publicity and ideas, please get in touch:

Index of Censorship: media@indexoncensorship.org
Justice for Journalists Foundation: [email protected]

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Index on Censorship calls for Europe’s leaders to protect free flow of information to tackle COVID-19

[vc_row][vc_column][vc_column_text]Media freedom is more essential than ever during the current coronavirus pandemic. An independent media is a trustworthy source of information at a time when misinformation and disinformation is rife and a way to hold those in power to account. Nonetheless journalists are being threatened, attacked and censored in the name of the pandemic.

Index on Censorship, alongside eight other media freedom organisations, is calling on European leaders to protect the free flow of information and to ensure that governments do not take advantage of the pandemic to suppress the media.

Please see our joint statement below:

 

Ursula Von der Leyen, President of the European Commission

Charles Michel, President of the European Council and David Sassoli

President of the European Parliament

25 March 2020

Re: Call for Europe’s leaders to protect free flow of information to tackle COVID-19

Dear Presidents of the European Commission, the European Council and the European Parliament, 

We, the undersigned press freedom and freedom of expression organisations, are writing to express our profound concerns about the dangers of governments taking advantage of the Covid-19 pandemic to punish independent and critical media and to introduce restrictions on the access of media to government decision making and action. 

The free flow of independent news is more essential than ever, both for informing the public on vital measures to contain the virus as well as in maintaining public scrutiny and debate on the adequacy of those measures. 

In this respect we support the joint statement put out by the three global and regional special rapporteurs for freedom of expression, David Kaye (U.N.), Harlem Désir (OSCE) and Edison Lanza (OAS), that the “right to freedom of expression, ……, applies to everyone, everywhere, and may only be subject to narrow restrictions”. 

While we appreciate that certain emergency measures are needed to combat the pandemic, all such measures must be necessary, proportionate, temporary, strictly time-limited and subject to regular scrutiny, in order to solve the immediate health crisis. Unfortunately, numerous governments around the world are already using the pandemic to claim excessive powers that can undermine democratic institutions, including the free press. These dangerous developments could easily outlive the current health crisis unless we act urgently to stop them.

This week, the Hungarian government is demanding an indefinite extension of the state of emergency and the power to impose prison sentences of up to five years on journalists and others for promoting false information related to COVID-19.

Our organizations are acutely aware of the dangers of disinformation and how it is used by unscrupulous groups to spread panic and division. However, this does not justify draconian powers that risk being used against journalists whose work is indispensable in protecting public health and ensuring accountability.

It is little surprise that Hungary, with its record of undermining media freedom, should be the first EU member state to make such an extreme and opportunistic power grab. The few remaining independent media outlets in the country are regularly attacked and accused of spreading “fake news” for raising simple questions about the government’s preparedness and strategy for tackling the pandemic. If approved, this new law would grant the Hungarian government a convenient tool to threaten journalists and intimidate them into self-censorship. We fear this is a step toward the complete repression of media freedom in Hungary that could outlive the pandemic.  

Were this law to pass it would set a fearful precedent for other European Union member states tempted to follow Hungary’s example – troubling signs exist in other states as well – and do untold damage to fundamental rights and democracy as well as undermining efforts to end the pandemic.

Secondly, our organizations are also concerned about the proliferation of enhanced surveillance measures introduced to monitor the spread of the virus. While we understand the potential benefits, the use of surveillance must have proper oversight and be clearly limited to tackling the pandemic. Unchecked surveillance endangers privacy and data rights, while journalists’ ability to protect sources is undermined and self-censorship rises.

Thirdly, our organizations are concerned about media access to government officials, decision makers, medical experts and those on the front line of the pandemic. Many countries have introduced restrictions on freedom of movement which we insist must not be used to prevent media from bearing witness to the crisis. 

At the same time many governments are restricting access to officials by reducing the physical presence of journalists to press conferences. Slovenia and the Czech Republic for example announced ending them altogether. Such measures must not be allowed to restrict media scrutiny of government. 

We are in the early stages of the pandemic where, for the most part, governments and media are cooperating closely as they struggle to respond to this unprecedented threat to public health. They both have a duty to ensure the public are fully informed and the response to the pandemic is as effective as possible. 

However, we are acutely aware that as the crisis persists, the death toll mounts and as widespread job losses and a certain global recession loom, the actions and decisions of government will come under intense examination. The temptation for some governments to abuse new found emergency powers to stifle criticism will, in some cases, be overwhelming. This must not be allowed to happen.

In a period when our citizens’ fundamental rights are being suspended around Europe, the need for media scrutiny to ensure no abuse of these new powers are stronger than ever. 

We therefore call on you to use the power of your offices to ensure that fundamental human rights and press freedom will be guaranteed as the European Union strives to tackle the COVID-19 pandemic. 

 

In particular we ask you to 

  1. Robustly oppose the measures currently before the Hungarian parliament and make it clear that the European Union will not accept the application of Emergency legislation that undermines fundamental human rights and media freedoms 
  2. Demand that governments ensure full access for media professionals to decision makers and actors on the front line of the health crisis as well as the broader workings of government,
  3. Declare journalism and the free flow of information as essential to Europe’s efforts to contain the COVID-19 pandemic

 

Kind Regards,

ARTICLE 19

Association of European Journalists (AEJ)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists

Free Press Unlimited (FPU)

Index on Censorship

International Federation of Journalists

International Press Institute (IPI)

Reporters Without Borders (RSF)

 

Index on Censorship has created a monitoring map to track media violations during the coronavirus crisis. If you know of an attack on media freedom during this crisis, please use this form to report it.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text][/vc_column_text][/vc_column][/vc_row]