The European Commission released its report of final recommendations on media freedom on 21 January. The report from the High Level Group on Media Freedom and Pluralism outlined its desire to impose EU input into state libel laws, as well as suggesting countries should retain online data to identify trolls. It offered its concern that some members of parliament had rejected elements of Lord Justice Leveson’s report, advising the need for press regulatory bodies that have the abilities to act against the media. The report advocated giving media councils the ability to strip journalists of their titles and, in the event of an apology being required following a court case, order a correction of equal size and positioning as the original claim made.
A radio talk show host in Uganda has been suspended for featuring politicians critical of the government on a programme. Kasiriivu James, who works for Endigito FM radio in Western Uganda was suspended on 10 January by the Uganda Communications Commission and has yet to be able to return to work. The current affairs show Ekitandaro was also replaced with music by the radio station following pressure from the government. James hosts the news and political analysis shows, World Express and News Hour. Endigito FM is owned by politician Nuru Byamukama, who also owns Ugandan station Hits FM, which was also subject to censorship after it suspended its political programmes off of the air due to government pressure.
– A man protests against the Cybercrime Prevention Act in the Philippines
Cyber crime laws in the Philippines are being discussed by the Supreme Court today (22 January). Government lawyers will present evidence to the court to discuss the legalities of passing the Cybercrime Prevention Act of 2012, which has had its constitutionality questioned by campaigners, and also has been criticised for being too broad and vague. Topics for discussion will include internet libel, cybersex and the authority of officials to remove data seen to violate the proposed legislation. Implementation of the cyber crime law was stopped for 120 days on 9 October 2012, but it is due to lapse on 5 February. Campaigners requesting that suspension of the bill be continued.
A Russian human rights defender has been subject to a series of death threats for his work. Vitalii Ponomarev, head Central Asia expert at Memorial Human Rights Center, was initially sent anonymous threatening emails against him and his family on 12 January. The emails, written in Uzbek and Russian and sent from a single IP address in Tashkent, threatened to decapitate Ponomarev should he go southern Kyrgyzstan. After writing a press release about the incident on 18 January, he received further threats via email. He has filed a complaint to the Federal Security Service and Moscow prosecutor’s office, requesting for an investigation to be held.
Journalists in Swaziland were insulted and threatened by Senate president Gelane Zwane on 17 January, after they turned up to a meeting they had been invited to attend. During the meeting to prepare for the opening of parliament, Zwane allegedly swore at the press in attendance. He then threatened to ban them from covering the State Opening of Parliament — due to be held in February — should they print anything that was discussed in the meeting. The threats came after the clerk of parliament, Ndvuna Dlamini, said that he could not make an announcement during the meeting because of the presence of the media.
A 28-year-old middle school teacher at a private school in Mexico City has been fired after showing her students the 2008 film Milk, which tells the story of gay rights activist Harvey Milk, who was murdered in San Francisco in the 1970s. Mexico’s capital has been celebrated as a champion of gay rights in the region, permitting civil unions in 2006 and approving gay marriage in 2009. However, the scandal around the dismissal of the teacher, Cecilia Hernandez, shows some of the ongoing battles for gay rights in the city.
Until December last year, Hernandez was an adjunct professor of civics and ethics at Lomas Hill middle school, which serves a well-heeled community on the outskirts of Mexico City. In a telephone interview, Hernandez said the dismissal surprised her, since she was only “following Mexican educational standards”. According to Mexico’s Education Ministry guidelines, teachers in public and private schools should provide lessons on tolerance and against discrimination.
The film was given a B15 rating in Mexico, deeming it appropriate for viewers older than 15 years old. While Hernandez´s students were 13 and 14 years old, a B15 rating stipulates that younger viewers can see the film if an adult is present. “For me it was important that my students watched this movie. We had agreed to show the least explicit parts of the film and I was there to explain to them the meaning of the movie,” said Hernandez.
Initially, the teacher planned to show the film to three of her scheduled classes, allowing a period of discussion during every session. However, students during the initial screening were riled up with the film, and asked the teacher to stop the screening and change the assignment. A few students made derogatory statements about homosexuals — and according to Hernandez, one of them was the nephew of the school’s prinicipal, Annette Muench.
Following class Hernandez received an angry email from Muench, calling the film “filth”, and accusing the teacher of showing the film without her approval.
Hernandez says she went through the correct procedure to show the controversial film. “I never had any problems with this school. I wrote them a list of my school activities and they never objected to my lesson plans,” she said.
Later that week, Hernandez was welcomed by two security guards when she arrived to school. She was held for two hours against her will before being reprimanded by Muench in front of the staff and student body. She was eventually escorted off of school grounds.
Shortly after being fired, Hernandez blasted the decision on Twitter, and her account of the incident went viral. It soon turned into a personal showdown between the school principal and Hernandez. Muench accused Hernandez of embarrassing her and of promoting pornography among innocent children.
Hernandez says Lomas Hill pride itself on their reputation as a school that protects the rights of all children and favors education for children with special needs. “My students were always very open to the rights of others,” she said.
A petition calling for a public apology from the school has now garnered more than 80,000 signatures, but the school refuses to budge on the matter. Mexico’s federal anti-discrimination agency, CONAPRED, has now taken on her case.
This week Index held a high level panel debate in partnership with the Editors Guild of India and the India International Centre to discuss the question “Is freedom of expression under threat in the digital age?” Mahima Kaul reports
One of Brazil’s largest daily newspapers claims that it has now faced censorship for 1,200 days, due to a court ruling prohibiting it from publishing news about a police operation that could incriminate a media tycoon — who is also the son of a former President of the country.
In 2009, daily newspaper O Estado de. S.Paulo had access to information and tape recordings related to a Federal Police investigation the previous year in the northeastern state of Maranhão, one of Brazil’s poorest areas. The newspaper alleged that business people from the region were involved in various crimes, including money laundering, tax evasion, and corruption. One of the individuals investigated was Fernando Sarney, who was head of a media conglomerate at the time, as well as the son of former President José Sarney — one of Brazil’s most influential politicians, who currently serves as president of Brazil’s Senate.
Brazilian daily newspaper O Estado de. S.Paulo claims that it has been censored
Fernando Sarney was indicted by federal police on 15 July 2009, and accused of favouring private businesses in contracts firmed with state companies. He was accused of being behind the scheme, but he denies all allegations. On 31 July 2009, a Federal District judge forbid Estado from publishing any more news about the police operation, because of a lawsuit filed by Sarney against the newspaper. His lawyers claimed that Estado committed a crime and damaged Sarney’s family reputation by publishing their taped conversations, even if they were made with the consent of the Judiciary.
The ruling drew harsh criticism from other newspapers and media-related organisations includingAssociação Brasileira de Imprensa (Brazilian Press Association), with most of them claiming that the ruling violated Brazil’s constitution.
At the same time, Sarney issued a statement where he claimed that publishing news about an ongoing police investigation was an “injustice” and “a violent act” against him and his family. He also denied that the press was censored, and claimed to be defending his rights as guaranteed by the constitution.
In December 2009, Sarney said he would drop the lawsuit. However, the newspaper decided not to accept desistance, and requested that Sarney also relinquished his right to represent the complaint — meaning that the lawsuit would go on even without him as the suing party. Estado also expressed its preference to have the case judged by the Supreme Court, in order to generate a legal precedent that would apply to all similar cases in the future. However, the case was sent back to the Federal District state court, which has yet to set a date for the trial. Since a final verdict has yet to be reached in the suit, Estado is barred to this day from publishing any news about the police investigation in Maranhão, or its consequences.
Roberto Gazzi, the newspaper’s director of Editorial Development says that this is a clear-cut case of censorship.
The information published by the newspaper at the time — and that have been prevented to be published ever since — were not of a private sort. These were facts involving public money and public agents, inside the limits of which we consider to be the right of the free press to publish, standing for society’s interest.
Estado had its 138th anniversary on 4 January last year, and has an average daily circulation of 260,000.
Sarney could not be reached for comment, and his lawyers had no comment on the case.
