Free expression in the face of violence

Demotix

A peaceful protest against the Innocence of Muslims in London – Brian Minkoff/Demotix

The Innocence of Muslims controversy put a spotlight on whether offensive online content should be censored or criminalised, as violence in Egypt, Libya and beyond meant many were tempted to argue for the removal of the video from the web.

Most states have laws to control clear and direct incitements to violence; but causing offence is neither an incitement to violence nor a reason to respond with violence. Yet since the initial protests, many countries have queued up to ask Google to block the offending video. Google initially blocked it in Egypt and Libya without even a government request, and then unblocked it.

Should companies, rather than governments, ever be the censors — arbiters of acceptability? Is it more palatable if companies are served with court orders to block access to Internet content? Or that, in keeping with its policy to abide by local laws, Google blocked the video in India and Indonesia because it was ruled illegal?

But more importantly, has a clear line been drawn between the direct incitement to violence (which should absolutely not be protected as free speech) and whether people choose to respond with violence to something they find offensive?

Rwanda is often cited as a case where the balance between safeguarding free speech and preventing violence is particularly relevant, given the severe ethnic conflicts resulting in the 1994 genocide following callings for violence. Local officials and government-sponsored radio incited ordinary citizens to kill their neighbours, and those who refused to kill were often murdered on the spot. The genocide-inciting radio broadcasts shouldn’t have been allowed. There is a clear dividing line.

But The Innocence of Muslims is not in the same category. And if Internet censorship is used because there is crowd violence — and in anticipation of violence, where does it end?

“The big story here is the crack-down on the Internet” William Echikson told me in a telephone interview from Brussels.  “The pressures have grown dramatically. And we are doing our best to protect free expression. ”

Echikson is Head of Free Expression Policy and PR, Europe, Middle East & Africa at Google.

According to different reports, Innocence of Muslims was also blocked in India, Indonesia and Saudi Arabia as a result of court orders. Google also blocked the video in Malaysia after receiving an official complaint from the Communications and Multimedia Commission, according to AFP. Reporters without Borders said the video was also blocked in Kyrgyzstan, Kazakhstan and Russia via court orders on grounds of being “extremist”. And in Pakistan, it was blocked by the Prime Minister Raja Pervez Ashraf, who issued a directive to the Ministry of Information Technology.
The key, original censors here seem to be violent demonstrators and restrictive governments. Of the 150 countries where Google operates, in about 30 its service has been “affected one way or the other”, adds Echikson.

Governments are indeed cracking-down on the web, either because they already censor blasphemous and other offensive material (even without any likelihood of violence) or because they are giving in to actual or threatened violence. But if governments continue doing that, couldn’t it become an incentive for any fanatical group to threaten or act violently, and get censorship as a result? Isn’t this very similar to the mechanisms of terror: you terrorise or hurt one to scare a thousand?

That is why it is so vital that everyone understands the difference between incitement to violence, and violence in response to offense, an idea that, weeks after the video furore, has vanished from the agenda.

A country such as China may shed some light on where we are heading.

After a series of huge protests and ethnic riots (many of which were organised using instant messaging services, chat rooms, and text messages), China is reported to have intensified its efforts to neutralise online criticism. According to Amnesty, China has the largest number of imprisoned journalists and cyber-dissidents in the world, while the number of “Internet police” is rumoured to be higher than 30,000.

The reason for all this  political censorship.

Many of the violent reactions to The Innocence of Muslims were for political reasons, using offence as an excuse. In fact, some analysts and US officials have reported that Benghazi attack of 11 September, which killed the US ambassador to Libya, appeared to have been planned in advance, and had nothing to do whatsoever with the video.

So for the Internet, where does all this end? With the annihilation of McLuhan’s global village and the beginning of a new era of of separate, isolated, over-scrutinised, parochial Internets.

Miren Guitierrez is editorial director of Index on Censorship

Matthew Woods Facebook conviction – we cannot keep prosecuting jokes

Lancashire man Matthew Woods has been sentenced to 12 weeks in a young offender’s institute for making some very poor jokes.

It’s hard to know what to say after that.

Woods, 20, was arrested after posting jokes about missing Welsh schoolgirl April Jones on his Facebook page last Thursday. An angry mob reportedly later gathered at his house in Chorley, and he was taken by police at a separate address (quite possibly for his own protection).

According to reports, Woods was charged under sec 127 of the Communications Act — the same law, readers will recall, that Twitter Joke Trial defendant Paul Chambers found himself on the wrong side of.

It is worth noting that in his judgement on Paul Chambers appeal, the Lord Chief Justice made it quite clear that the Communications Act should not diminish

“Satirical, or iconoclastic, or rude comment, the expression of unpopular or unfashionable opinion about serious or trivial matters, banter or humour, even if distasteful to some or painful to those subjected to it”

But it has been used exactly to diminish Woods’s right to express unpopular, unfashionable and distasteful humour.

The “unfashionable” and “unpopular” elements of Woods’s comments and subsequent conviction bring to mind Liam Stacey’s conviction after he tweeted stupid comments about footballer Fabrice Muamba. Just as the nation then was apparently united in sympathy for the collapsed footballer, so now we are united in grief with the people of Machynlleth. Woods would appear to have been found “guilty” of crimes against taste and against sentiment.

We cannot allow this to continue. No one should be put in prison for making a joke that other people don’t like.

This week, the Crown Prosecution Service is consulting interested parties (including Index on Censorship) on whether new guidelines for prosecutions of social media cases are needed. This case goes to show how desperately urgent this reform is. In the past on this blog, we’ve bemoaned the something-must-be-done attitude that can lead to these cases coming to court. But now we have to say it ourselves: Something must be done about these absurd prosecutions. They are a danger to free speech, and a danger to the web.

ALSO READ: How do we legislate for social media?

Letter: White House guilty of censorship by stealth in seeking YouTube removal

This letter appeared in the Financial Times

Sir, Your editorial (“Obama’s realist foreign policy”, September 27) claims that free speech purists were offended by Barack Obama’s comments on Innocence of Muslims. As an organisation that defends free expression around the world, Index on Censorship would certainly include itself in the free speech purist camp. Even the president of the US is entitled to say what he likes under the first amendment, as long as he upholds that vital part of the US constitution for all.

In his address this week to world leaders at the UN General Assembly, President Obama defended “the right of all people to express their views — even views that we disagree with”.

However, in reality, the White House is guilty of “reaching out” to Google to look into taking the video off YouTube on the grounds that it breached Google’s terms of service, justifying its removal. This intervention by the US government suggests censorship by stealth, whereby governments can claim to protect free speech while putting pressure on “middle men” such as internet service providers to censor for them. All of which raises the question: “Who should control the internet?”

Kirsty Hughes, Chief Executive, Index on Censorship, London EC1, UK

Legendary radio service kicked off airwaves

Last week was a painful one for free speech in Russia.

Tens of Radio Free Europe/Radio Liberty Moscow bureau journalists were fired within two days. First an entire internet department, then radio hosts, reporters and producers — around 90 per cent of RFE/RL’s Moscow staff became jobless.

A further 5 per cent quit in protest, including me.

RFE/RL broadcasts on medium waves will end on 10 November due to amendments to the law on mass media which state a radio cannot broadcast in a primary service area if more than 5 per cent of it is owned by foreign individual or legal entity. RFE/RL’s broadcasts in Russia will only be available online through its website.

RFE/RL Logo

In a in a statement released on 24 September, the service’s American manager Steve Korn stressed changes were made to improve RFE/RL’s Russian service. Yet in a letter to the US Congress Committee on Foreign Relations, notable Russian human rights activists wrote: “The KGB couldn’t have done worse for Radio Liberty’s image, as well as the image of USA in Russia, than American managers Julia Ragona and Steve Korn have done”. In a letter, the activists added:

Professionals with irreproachable reputation were fired; while a newly appointed RFE/RL’s Russian Service director [Masha Gessen] is a person whose managing skills were receiving negative assessments on her previous positions.

They asked the Congress to create a commission for a thorough investigation into Radio Liberty’s managers’ activities, which they said “harmed the USA’s public image in Russia”, and requested they “revise the decisions”.

Gessen, who will oficially take her post of RFE/RL Russian Service director on 1 October, denies allegations of “cleaning up the media for her new team”.

Korn and Ragona have not commented on the issue.

The switch to online and departure from medium waves will occur without the people who, over past few years, made Radio Svoboda (as it is known in Russian) the second most quoted radio station after Echo Moscow (which has an FM frequency), according to data from monitoring service Medialogia. Radio Liberty’s website was very much original. Decoded programmes’ texts formed just a small part of website content. It consisted mainly of informative pieces, blogs and a large multimedia section with video reports, documentaries and live video broadcasts.

The internet team, which I had the honour to be a part of, increased the number of visitors and the core audience tenfold. Radio Svoboda achievements were hailed by Broadcasting Board of Governors.

However, the mass dismissals were made.

RFE/RL was established in the 1950s in the United States as a private non-profit mass media organisation funded by the American Congress through the Broadcasting Board of Governors (BBG). RFE/RL broadcasts in 21 countries and 28 languages. Russian service history began soon after Stalin died in March 1953, but until 1988 its broadcasts were jammed as “anti-Soviet”. It was the “enemy’s voice” during the Cold War.

In August 1991, after RFE/RL’s full coverage of the August Coup, president Boris Yeltsin issued a decree allowing Radio Liberty to broadcast in Russia. The document was given personally to former RFE/EL journalist Mikhail Sokolov, who was fired last week together with the overwhelming majority of his colleagues.

Since Yeltsin’s decree Radio Svoboda was retransmitted by Russian FM stations. This ended soon after Putin’s second presidential term began in 2006. The official reason concerned incorrect registration documents. However, most Radio Svoboda staff believed this was a form of censorship. The radio was forced to broadcast across short and medium waves, AM frequencies and online.

No law was violated in last week’s events, Radio Svoboda former staff say, but moral and ethical values were.

The amendments to the mass media law are not the only means of targeting groups that receive overseas funding. Since Vladimir Putin’s return to the presidency in May this year, a law has been passed which forces foreign-funded NGOs involved in political activity to register as “foreign agents” in Russia.

The tragicomic element is that the editorial office, which consisted of people fighting against censorship and advocating for freedom of expression, was destroyed not by its antagonists, but by its own chiefs at the expense of American taxpayers, whose money was used in the name of promoting democracy.