Professors Yaman Akdeniz and Kerem Altiparmak are cyber-law experts and internet rights activists who have campaigned vigorously against the Turkish government’s increasingly restrictive internet access laws. Together, they have raised repeated objections to the controversial Internet Law No 5651, which ostensibly blocked access to child pornography and other harmful content but has also been used to censor politically sensitive content such as pro-Kurdish or left-wing websites. It has been used to block around 50,000 websites.
In February 2014, then prime minister Recep Tayyip Erdogan increased the legislative reach of Law 5651, giving the country’s telecommunications authority (ICTA) more powers over Turkey’s internet users, such as storing user activity data for up to two years, or blocking URLs without court approval. Erdogan immediately made use of the latter opportunity by ordering the ICTA to block Twitter and YouTube in March 2014. Twitter had played a huge role in the escalation of Turkey’s Gezi Park demonstrations in 2013, during which many protesters were arrested and fined for posts to social media.
Social media channels were also being used to circulate damaging information about Erdogan and the AKP, his political party. Following revelations of widespread government corruption late in 2013, wiretapped phone conversations were leaked and spread via Twitter appearing to implicate Erdoğan and senior party members – one recording appears to include Erdogan telling his son to hide a large amount of cash.
He ordered the Twitter block in time to halt the spread of the injurious recordings before nationwide local elections at the end of March. Similarly, the YouTube block was instigated hours after a secret recording at Turkey’s foreign ministry, showing the government’s considerations for military involvement in Syria, was uploaded to the website.
In response to the blocks, Akdeniz and Altiparmak applied to the European Court of Human Rights to request an injunction against the ban. An administrative court in Ankara declared the ban illegal. After the government ignored this decision the pair applied to the highest court in Turkey, the Constitutional Court. Their case was successful, and Twitter was unblocked in April. Their advocacy efforts also helped lift the YouTube ban in June.
Despite their success, Akdeniz and Altiparmak say there is still a huge cause for concern. Even though Twitter and YouTube have now been unblocked, the legal framework for censorship has not been removed. In fact, as soon as Erdogan switched from prime minister to president in September 2014, he quietly slipped more amendments to 5651 through parliament, which allowed even more data logging and even quicker website blocking.
Bonil is the pen name for Xavier Bonilla, an Ecuador-based editorial cartoonist who draws for several national newspapers, particularly El Universo. For 30 years he has critiqued, lampooned and ruffled the feathers of Ecuador’s political leaders, earning a reputation as one of the wittiest and most fearless cartoonists in South America.
More recently, Bonil has gained a new epithet – “the pursued cartoonist” is how Spanish newspaper El Pais recently styled him. Bonil’s work had regularly attracted the ire of incumbent president Rafael Correa. But in 2014 anger escalated to retribution, the president publicly denounced Bonil and threatened him with legal action on two separate occasions – the first was successful against Bonil, and the second is ongoing.
President Correa has been in constant battle with the domestic press since first being elected in 2007. He has reprimanded journalists critical of the state through a combination of crippling fines and smear campaigns on his weekly TV show. In response to a 2012 article in El Universo calling him a dictator, he charged the paper with criminal libel – leading editors were sentenced to three years each in prison, and the paper was fined $42 million.
On that occasion, international pressure led Correa to pardon the newspaper at the 11th hour. But in June 2013 he introduced a new communications law which, under the guise of promoting freedom of expression, codified the repression of political journalism. It ordained that “information of public interest received through the media should be verified, balanced, contextualized and opportune” – meaning the government had the ultimate say on whether a journalist’s work was appropriate.
Bonil was the first individual to be targeted by the legislation. In December 2013, police raided the apartment of Fernando Villavicencio, a journalist and adviser to an opposition party, and took his computers and files. Villavicencio had claimed to own documents revealing government corruption. Correa alleged that Villavicencio had illegally hacked into government emails.
Bonil’s depiction of the incident (see below), published in El Universo the following day, took Villavicencio’s side. Correa publicly denounced the cartoon, calling Bonil “sick”, “cowardly” and “an ink assassin”. He called for an investigation which led to Bonil and El Universo being dragged before a media regulatory agency, which fined El Universo $92,000 and ordered Bonil to draw a “retraction” cartoon (also below) within three days. In this version, dripping with sarcasm, comically polite officers give a bunch of flowers to Villavicencio, who in turn begs the police to take away his belongings.
Bonil attracted further government attention when, in August 2014, he drew a cartoon ridiculing star footballer-turned-statesman Agustín “El Tin” Delgado. A viral video had showed El Tin struggling to read through a speech in parliament. Bonil’s cartoon suggested that ridicule of El Tin was justified, given his sizeable government salary. President Correa has since repeatedly denounced Bonil as racist and called the cartoon a “hate crime” – a charge which can carry a three-year prison sentence. Bonil has responded that the cartoon had no racial element.
Rory O’Neill is a Dublin-based stand-up comedian and self-described accidental activist for gay rights, who sees his duty as “to say the unsayable”.
O’Neill had been performing a comedy drag act under the name “Panti Bliss” for more than two decades when, over the course of one conversation in January 2014, he was thrust onto an international stage. While guest-starring on the Saturday night talk show of Ireland’s premier TV channel, he made reference to observable homophobia among certain Irish news figures. Pressed for names, he identified columnists John Waters and Breda O’Brien, as well as the Iona Institute, a socially conservative Catholic think tank campaigning against gay marriage, as examples of anti-gay attitudes.
RTÉ One and O’Neill were immediately threatened with legal action for alleged defamation. The TV company issued a full apology and paid six individuals €85,000 – with €40,000 allegedly going to Waters – of public money to settle the dispute. It also edited out the offending segment of the episode on its online player. The apology prompted almost a thousand complaints to the TV station and Pantigate, as the controversy came to be called, triggered countrywide debate.
The incident was brought up in both the Irish and European parliaments amid discussions of homophobia in Europe. Paul Murphy, a Socialist Party MEP for Dublin, used parliamentary privilege to denounce O’Neill’s detractors as homophobic, and to criticise RTÉ One’s attempts at appeasement.
The voices of columnists such as Waters, who called same-sex marriage a “satire of marriage”, and O’Brien, who has said that “equality must take second place to the common good”, have become more insistent as Ireland gears up for its referendum on gay marriage in May 2015. Early poll results suggest that the majority of voters will support the resolution for equal marriage rights.
Three weeks after the RTÉ One appearance, Panti appeared after a show at the Abbey Theatre in Dublin to deliver an impassioned ten-minute speech about pervasive low-level homophobia in Ireland. The speech rapidly garnered hundreds of thousands of views on YouTube, and attracted the support of Stephen Fry and Madonna, among others. Columnist Fintan O’Toole called it “the most eloquent Irish speech since Daniel O’Connell [a 19th-century Irish political leader] was in his prime”.
O’Neill channelled the events of early 2014 into his new stand-up set High Heels in Low Places, which was highly praised in reviews for fusing incisive political commentary and down-to-earth, traditonal drag-act humour. During anecdote-based performances, O’Neill has spoken about the difficulties he faced coming out in the late ’80s in a country where homosexuality was still a criminal act, as well as the emotional turmoil of being diagnosed with HIV in the mid-90s.
O’Neill becomes Panti Bliss every Saturday night at his Dublin-based LGBT-friendly bar, PantiBar. This year he has published a memoir, called Woman in the Making, and has been named one of Rehab’s People of the Year. After a successful indiegogo campaign raised €50,000, director Conor Horgan has begun work on a film about Panti, The Queen of Ireland, to be released in 2015.
Mouad Belghouat is a Moroccan rapper and human rights activist who releases music under the moniker El Haqed, roughly translated as The Enraged. His music has publicised widespread poverty and endemic government corruption in Morocco since 2011, when his song Stop the Silence galvanised Moroccans to protest against their government. He has been imprisoned on spurious charges three times in as many years, most recently for four months in 2014.
“I have not been able to find stable work since my first sentence, so I have concentrated on music – slam and rap. I brought out an album after my
second stretch in prison and this is what led to my second conviction”, El Haqed told Index on Censorship via email.
El Haqed’s 2014 album Walou — which is banned from being sold or played in public–translates as Nothing. Nothing, he clarifies in his songs, has changed in Morocco despite promises from King Mohammed VI and the government following mass protests, starting in February 2011. The 20 February Movement, which inspired tens of thousands of Moroccans across the country to march for constitutional change, protested against the country’s lack of civil liberties and rights, high illiteracy rates, huge rich-poor divide, insufficient healthcare and illegitimate election process.
“In 2011, I found myself at the heart of the 20 February youth movement, which caused me to question a lot of things – notably poverty, power, humiliation, inequality and freedom. I reflected these things in my writing and raps, and this quickly annoyed the regime,” El Haqed wrote.
After this demonstration of widespread dissent, Mohammed VI promised a comprehensive overhaul of Morocco’s undemocratic regime. He introduced a new constitution that pledged to better safeguard Moroccans’ human rights. But despite the fanfare, the plight of El Haqed and many others in the same situation suggest that the much-touted progress has been surface-deep.
After El Haqed’s most recent arrest outside a football stadium in Casablanca, he was charged with scalping tickets, public drunkenness and assault of a police officer. He denies the allegations, and believes instead that police had been looking for an opportunity to arrest him after the release of Walou — one officer at the scene was heard to say “I have scores to settle with you”. El Haqed and his brother were beaten by police as they were detained. El Haqed has said that police tortured him during later interrogation.
During his trial, witnesses of El Haqed being assaulted by police during his arrest were not allowed to give their testimony, and key pieces of evidence were rejected by the court without reason. His lawyers withdrew in protest. During his four-month imprisonment, he continued to write music and give impromtpu performances. When guards realised that his new songs were being published outside the prison, they confiscated his lyrics and put him in solitary confinement. He went on hunger strike to protest his treatment.
El Haqed continues to record and release music — just as he did after being arrested and imprisoned in 2011 and 2012, both times on dubious grounds. In the latter case, he was sentenced to a year in prison for “insulting the police”. His song Dogs of the State, which criticised the Moroccan police, was anonymously set to a YouTube video depicting a police officer with a donkey-head. El Haqed denied any involvement.
With three convictions in three years, El Haqed faces difficulties in pursuing his recording career because studios do not want to work with him because they fear government surveillance. He is banned from performing in public and lives with the knowledge that every action is being watched.
“I was profoundly touched by my nomination as a defender of free expression. Especially as now, and after three successive periods of incarceration, it is still hard to live”, El Haqed wrote.
El Haqed hopes to create a recording studio that will be open to all Moroccans and is currently working on a new album.
