Index Index – International free speech round up – 11/02/13

A boy has died today (11 February) after being shot by security forces in Kashmir during protests against the execution of a separatist. Ubaid Mushtaq, said to be 12 or 13 years old by doctors, died in a Srinagar hospital from bullet wounds following the 10 February protests in the village of Watergam, in which paramilitary forces opened fire on demonstrators.

The news of Mohammed Afzal Guru’s death in a New Delhi prison on 9 February ignited fierce objection and protests in three areas of India administered Kashmir, surrounding claims the men accused had not been given a fair trial.  The Kashmiri man was from a village close to Watergam, and had been convicted of helping to plot an attack on the Indian parliament in 2001 that left 14 people dead. Police said an inquiry has been launched into Mushtaq’s shooting.

Baden Roth - Demotix

Chinese authorities said Elton John dedicating his Beijing concert to Ai Weiwei was “disrespectful”

China has tightened its restrictions on foreign singers performing in the country after Elton John dedicated his Beijing concert to Ai Weiwei in November. Chinese police questioned John after his Beijing performance last year, which he had dedicated “to the spirit and talent of Ai Weiwei”. Authorities then allegedly asked John to sign a statement saying that he had been inspired by Ai’s artistic achievements exclusively, rather than for his efforts to defend free speech. John was permitted to go ahead with his Guangzhou show in early December, but an editorial letter in the state-run Global Times said that the singer was “disrespectful” to include political sentiment in his performance, adding that authorities would think more carefully before inviting foreign artists to perform in future. Culture minister Cai Wu is now allegedly requesting degree certificates from international performers since John’s appearance, only allowing them entry into the country if they can prove they have been university-educated. Classical musicians have reportedly been required to submit proof of degrees when performing in the country since the start of the year.

A Hong Kong activist has been sentenced to nine months in prison on 7 February after burning a Chinese flag. Koo Sze-yiu was also discovered to have burned a Hong Kong flag, during two separate demonstrations against the government. In June 2012, Koo burned a Chinese flag outside the Liaison Office of the Central People’s Government, in protest against the staged suicide of Chinese activist Li Wangyang, and on 1 January he was seen waving a Chinese and Hong kong flag with holes in both. He was charged with four counts of flag desecration. The maximum punishment for flag desecration is three years in prison and a fine of 50,000 HK dollars (approximately £4,000). Shortly after his arrest, a Chinese netizen was arrested for posting a picture of a defaced flag on to a social networking site.

A UK journalist is fighting a court application submitted by the police requiring him to hand over video footage of the English Defence League (EDL), it was reported today (11 February). Jason Parkinson has refused to hand over his footage, saying that journalists are “not evidence gatherers for the police”. He fought a similar case in 2011, where police attempted to seize his footage of the Dale Farm eviction of travellers in Essex. Greater Manchester police applied for a production order hearing on 18 February to view all published and unpublished footage obtained during an EDL and counter protest march by Unite Against Fascism in Bolton 20 March 2010. The National Union of Journalists intends to contest the application. Parkinson said that handing over the evidence “could overturn the incredibly important victory for press freedom” that was achieved during the Dale Farm eviction.

In Bangalore, India an artist was forced to remove his pantings from an art gallery on 5 February because they depicted Hindu deities in the nude. Anirudh Sainath Krishnamani was told by police that they received a complaint from a member of Hindu nationalist political group the Bharatiya Janata Party, claiming the paintings ”hurt the sentiments of society”. Police threatened to shut down Krishnamani’s exhibition at Chitrakala Parishath gallery if he refused to remove the offending pieces, which police said were a potential law and order threat and could cause protests or an attack. The paintings removed included a picture of a nude goddess Kali as well as Shiva and Sati hugging each other. MN Krishnamani, Anirudh’s father and a senior supreme court advocate will contest the decision.

Index Index – International free speech round up 01/02/13

A US military judge has ruled the government must dismantle a monitoring system which allowed censors to suspend the broadcast of hearings for Guantanamo prisoners suspected of planning the 9/11 attacks. Army Colonel James Pohl said on 31 January it was “the last time” a third party could decide whether the hearings would be broadcast. The closed-circuit broadcast feed was stopped for a few minutes during a 28 January pre-trial hearing of Khalid Sheikh Mohammed — alleged organiser of the 9/11 attacks — and four other defendants. It revealed for the first time that an unknown external force was listening in on the trial and censoring proceedings at will. The feed was cut when Mohammed’s lawyer David Nevin requested the preserve secret CIA prisons where the defendants had been held before being taken to Guantanamo. Pohl, who was unsure why the information was censored as it was public information, said he and the court security officer were the only ones allowed to halt the broadcast.

An investigation into protests in Burma in November 2012 has discovered that police forces used white phosphorus to disperse crowds, causing demonstrators severe burns. Police involvement left more than 100 Buddhist monks and other participants badly burned, injuries authorities  said were caused by tear gas and smoke grenades. An analysis in a Bangkok laboratory concluded that the canisters, which were collected by lawyers after the protests, contained traces of white phosphorus.

Protestors had staged an occupation at Letpaduang copper mine for 11 days before police broke up the crowd. The report will be sent to a government appointed panel fronted by opposition leader Aung San Suu Kyi for review. White Phosphorus is typically used in war to create a smoke screen and its use against people has been disputed.

An Indian state has banned a film for 15 days following complaints that it was offensive to Muslims. Tamil Nadu state in southern India banned the action film Vishwaroopam — which was due to be released on 25 January — after concerns that protests outside cinemas could turn violent. Muslim groups said the film portrayed their faith in a negative light and were offended that the terrorist in the film was Muslim. Tamil Nadu’s Chief Minister Jayalalithaa Jayaram said the state didn’t have enough police to impose law and order outside the 500 cinemas it was set to play in. Film director and co-producer Kamal Haasan has appealed for the ban to be lifted in Tamil Nadu and is expected to hear a judgement by 6 February.

Goncharuk - Shutterstock.com

Naomi Campbell has won damages after the Telegraph falsely claimed she organised elephant polo matches

On 31 January, a 15-year-old girl in Iceland won the right to keep her birth name, despite authorities saying it wasn’t feminine enough. Reykjavik District Court allowed Blaer Bjarkardottir to hold on to her first name Blaer, meaning light breeze — a name her mother Bjork Eidsdottir gave her from birth, apparently unaware the name was on the government banned list. Icelandic authorities had originally rejected the name for being too masculine, referring to her only as “girl” in communication with officials. Iceland has official rules for what name a baby can be given. Names are supposed to fit with Icelandic grammatical rules and the alphabet. The ruling means the name can now be taken by girls across Iceland.

Naomi Campbell has accepted damages from The Daily Telegraph after she was falsely accused of organising an elephant polo match in India for her partner’s birthday. The newspaper had printed a story on 3 November 2012, alleging that Campbell arranged the tournament in Jodhpur for Vladimir Doronin’s 50th birthday celebrations. The model accepted an apology from the Telegraph, as well as “substantial” damages — although the figure has not been disclosed. Campbell’s lawyer Gideon Benaim said at London’s High Court that the “unfounded” claims had caused a “storm” of publicity in India after media outlets across the country republished the story.

India’s flourishing offence industry hits literary festival – again

A few days before the now-famous (and perhaps infamous) Japiur Literature festival, the only thing most people thought they knew was that Salman Rushdie’s potential visit was being blocked, this time by elements of the Indian People’s Party (BJP) and Rashtriya Swayamsevak Sangh (RSS), a Hindu nationalist group.

William Darampyle, author and organiser of the festival, took pains to clarify that the event this year would not court controversy like it did last year, telling Index that festival organisers “have an open door policy, and welcome everyone for a reasoned debate”. Rumours about Rushdie missing the event due to protests were untrue — he was busy promoting the film Midnight’s Children, a film adaptation of his 1980 novel by same name.

Darampyle also rejected reports that radical groups did not want Hari Kunzru and Amitav Kumar at the event. Last year, the two writers read extracts from Rushdie’s novel the Satanic Verses at the festival, after the novelist was forced to cancel his appearance after facing death threats from Islamists. Darampyle said that Kunzru and Kumar would not speak at the festival since neither of them have new work, rather than any kind of external pressure. There were also reports of factions of the RSS warning against inviting any Pakistani writers to the event.

All in all, the Jaipur Literature Festival seemed to have invited an almost predictable amount of controversy that comes with the organisers’ tireless efforts to allay any fears that freedom of expression were being scarified for the sake of fringe groups. 

However, by the close of the festival, one of its producers was slapped with an arrest warrant while a panelist, noted sociologist Ashis Nandy has faced protests and has been threatened with arrest for making a statement that was misconstrued as an insult to India’s poorest — calling them the source of the country’s corruption. Nandy, who is a lifelong supporter of the rights of Dalits and so-called lower castes in India, explained that he was quoted out of context. His point was actually that members of India’s upper classes are less likely to be held accountable for corruption than the more impoverished members of India’s society.

Curiously, the statement was made on the morning of 26 January, and most festival attendees had no idea that the controversial remarks were made until they were met by a small crowd of 20-25 protesting the remarks as they left the venue.

What happened next has become an almost trademark series-of-events in India. The media picked up the out of context quote and ran with it. Police First Information Reports (FIR) had been lodged, with some senior leaders going as far as to suggest he be arrested under the National Security Act.

Nandy was then shamed publicly as media coverage of the scandal continued to increase — meaning that most of what anyone could read about the festival would be tied to this controversy.  It had almost fallen by the wayside that 275 speakers discussed topics in 175 sessions ranging from literature to religion, from Kashmir to Somalia, from politics to, ironically, censorship. Despite this wide range of conversations and 200,000 attendants, the festival has been yet again overshadowed by the media giving airtime to fringe groups, leaving its conversations and debates out of the public discourse.

Although larger papers and channels in India allowed their coverage to be hijacked by the Nandy controversy, some bloggers and news sites were able to paint a more nuanced picture of the other discussions at the festival. As Rushdie put it at a separate event, the tragedy of India is that you are defined by “what you hate or are offended by” — and that tragedy is now at a boiling point. What should be the response to “offended” groups who call for boycotts of books, movies, talks, and even cartoons? Is it really an answer to simply cancel appearances under the threat of violence, or to limit freedom of expression to such a level that no one could possibly be offended? Or is it sticking to India’s secular and liberal roots — where every religion and culture has a place — and perhaps pushing media outlets to give as much weight to the progressive as they do to the regressive?

“We are living in a changing society. Our forefathers did not see the amount of changes in the last 3,000 years that we have seen in the last 10 years,” stated another Jaipur director, Namita Gokhale. In an editorial, the Hindu slammed what it called the “flourishing outrage industry,” which is a tool to acquire political capital, stating that it is “helped by a slew of laws that takes the feelings of easily offended individuals very seriously”. By “using the police to settle a scholarly argument”, India seems to have confirmed a liberal society’s worst fears — perhaps it is not so liberal after all.