Winners – Index Awards 2013

21 Mar 2013 | Awards

INDEXAWARDSWINNERS2013

Pakistani schoolgirl Malala Yousafzai, Greek journalist Kostas Vaxevanis, Syrian internet activist Bassel Khartabil and South African photographer Zanele Muholi were honoured at the Index on Censorship Freedom of Expression Awards in London this evening.

The ceremony was hosted by Index’s Chair Jonathan Dimbleby who dedicated the evening to, ‘a celebration of freedom of expression – that fundamental human right to write, blog, tweet, speak out, protest and create art and literature and music’.

Index CEO Kirsty Hughes said: ‘This year’s winners have shown incredible bravery and courage in the face of extreme adversity – they are an inspiration to all of us who value free speech.’

In the keynote speech, actor Simon Callow declared that ‘the price of liberty is eternal vigilance – Index on Censorship pays that price’. Fellow actor Juliet Stevenson also addressed the ceremony saying: ‘the right to free speech depends on speaking about that right and arguing for it – that’s what Index does’.

These were the last awards as Index Chair for Jonathan Dimbleby. He introduced incoming Chair, journalist David Aaronovitch, who said about his new role: “The world is changing rapidly and we are, perhaps more than ever, confused about free expression and in danger of surrendering it. That’s why I am honoured to become Chair of Index on Censorship, which challenges threats to free speech, day in day out.”

THE WINNERS
Doughty Street Advocacy award: Malala Yousafzai
In October 2012, a Taliban gunman shot education campaigner Malala Yousafzai in the head and chest for her activism, as she was returning home from school in Pakistan’s Swat district. After months of treatment, she returned to school in Birmingham earlier this week. The schoolgirl’s father, Ziauddin Yousafzai, accepted the award on his daughter’s behalf saying: ‘I want to give a message to the world. I didn’t do anything special. As a father, I did one thing, I gave her the right of freedom of expression. All fathers and mothers, give your daughters and sons freedom of expression. Freedom of expression is a most important right. The solution of any conflict is to say the right thing, to speak the truth.’

Journalism award sponsored by the Guardian: Kostas Vaxevanis
Greek investigative journalist Kostas Vaxevanis was arrested in October 2012, days after he published the “Lagarde List” of wealthy Greeks with Swiss bank accounts in his weekly magazine Hot Doc. He was found not guilty of breaking data privacy laws in November 2012, but the Athens public prosecutor subsequently ordered a retrial. Accepting the award, Kostas said: ‘Journalism has been either invested with magic powers, or has been blamed for everything. Both positions are wrong. Journalism is the way, lonely most of the times, of truth.’
Read Kostas Vaxevanis’s acceptance speech at Comment is Free

Digital freedom award sponsored by Google: Bassel Khartabil
Palestinian-born Syrian software engineer Bassel Khartabil is a champion of web freedom and a computer engineer, who specialises in the development of open source software. Khartabil has been held in prison in Syria for over a year. Accepting the award on his behalf, his friend Dana Trometer said: ‘Bassel is aware of this award and he would like to thank the judges and audience for trusting him with such an honour. He would also like to pay respect to all the victims of the struggle for freedom of speech, and, especially for those non-violent youths who refused to carry arms and deserve all the credit for this award.’
Read Google’s William Echikson on Bassel Khartabil

Index Arts award: Zanele Muholi
South African photographer and LGBT activist Zanele Muholi challenges traditional perceptions of the black female body — and specifically black lesbians — through her work. She has faced considerable opposition in South Africa where lesbians have been the targets of horrendous hate crimes including murders and “corrective rape”. Dedicating the award to two friends who were victims of hate crimes and later succumbed to HIV complications, Muholi said: ‘To all the activists, gender activists, visual activists, queer artists; writers, poets, performers, art activists, organic intellectuals who use all art forms of expressions in South Africa. The war is not over till we reach an end to ‘curative rapes’ and brutal killing of black lesbians, gays and transpersons in South Africa.’
Read more about Zanele Muholi in the Guardian

London court ruling could have grave consequences for free speech online.

15 Feb 2013 | Uncategorized

A ruling at the Appeal Court in London yesterday could set a dangerous precedent on one of the most important issues in online free speech. The ruling could mean that Internet Service Providers such as Google and Facebook become recognised as “publishers” of material, rather than “mere conduits” and thus legally responsible for material posted on their platforms.

The case, brought by aspiring Conservative politician Payam Tamiz against Google*, hinged on whether or not Google was responsible for comments posted on a blog hosted on its Blogger blogging platform. Tamiz claimed to have been libelled by the “London Muslim” blog, which was hosted on the platform. He had approached Google to ask the blogger to remove the defamatory comments. After five weeks, Google did approach the blogger, asking him to delete the alleged slurs, which he duly did. But Tamiz continued to pursue a case against Google.

Tamiz initially lost his case, and, it should be noted, he lost his appeal this week too.

But the ruling on the appeal raises some interesting questions, and could pave the way for future actions against Internet Service Providers.

The key question seems to be what is a respectable time between being told of alleged defamatory publications, and actually becoming responsible for them.

Referring to Byrne v Deane, a 1937 case involving a defamatory note posted on a golf club notice board, the Master of the Rolls, Lord Justice Richards, commented that “[…]it is in my view open to argument that the time taken was sufficiently long to leave room for an inference adverse to Google Inc on Byrne v Deane principles.

“The period during which Google Inc might fall to be treated on that basis as a publisher of the defamatory comments would be a very short one, but it means that the claim cannot in my view be dismissed on the ground that Google Inc was clearly not a publisher of the comments at all.”

The suggestion is that eventually, Google does become responsible for content.

This reads like a threat to the concept of “mere conduit”, the concept enshrined in the European Union e-Commerce Directive establishing that ISPs cannot be held responsible for content on third party blogs, Facebook updates, tweets etc.

That concept is increasingly coming under threat. Just recently, Belfast lawyer Paul Tweed suggested to the Guardian that companies such as Google, Facebook and Twitter could be subject to “EU defamation cases”, in the courts in Ireland, where all three companies have major European bases.

Such a move could seriously threaten the way the web works. We rely on private ISPs to host our various interactions. Making them legally responsible for everything we post could lead to a situation where they severely narrow their terms of service, and even attempt to engage in some kind of censorship in order to avoid litigation. This shift in responsibility is not what the ISPs want, and certainly not what web users need.

*Google is one of Index on Censorship’s funders. Index’s editorial positions are independent of all its funders