Swaziland: Social media lese majeste law planned

Swaziland’s justice minister has told the country’s senate that the government is finalising a law that would make it illegal to criticise the King Mswati III on social media networks. “We will be tough on those who write bad things about the king on Twitter and Facebook,” Mgwagwa Gamedze said. Internet penetration is low in Swaziland, Africa’s last absolute monarchy, but social networks have been used to organise public demonstrations, including a student protest last Monday against funding cuts. Last week Swazi senator Thuli Msane claimed online activism was spiralling out of control and disrespecting Mswati III.

Bangladesh: Facebook pages shut for blasphemy

A Bangladesh court last week ordered government authorities to shut down five Facebook pages and a website for blasphemous content. Judges at the high court in Dhaka ordered the telecommunications regulator, home ministry officials and police to block the offending content after two university lecturers filed a lawsuit complaining that the pages and the site were hurting people’s religious sentiments. The pages were deemed to contain “disparaging remarks and cartoons” about the Prophet Mohammed, Jesus, the Koran, Lord Buddha and Hindu gods. In 2010, Facebook was temporarily blocked on charges of malicious propaganda against the Prime Minister and hurting religious feelings.

How do we legislate for social media?

Another week and another case of a young man getting into trouble over social media postings.

Last week, it was Azhar Ahmed, who angrily ranted about soldiers on his Facebook page, and now faces trial under the Communications Act 2003 (though the initial charge that his posting had been “racially aggravated” has been dropped).

This week, it is Swansea student Liam Stacey. Twenty-one-year-old Stacey today pleaded guilty of a “racially aggravated public order offence” after he tweeted racist remarks about Bolton Wanderers footballer Fabrice Muamba, and then addressed further racist remarks at tweeters who challenged him. (you can view Stacey’s now-deleted timeline here. Very strong language http://www.youtube.com/watch?v=nA5v2eZ5ZZE).

The two cases have several common elements. Both involve social networking sites. Both involve young men. Both outbursts were reactions to widespread, communal grief.

And both raise the question: is the law as it stands fit for purpose? The pace at which social media changes the way we communicate is startling, even though the intuitive nature of much of the technology we use makes it seem normal. It is difficult now for many to remember life before Twitter, and almost impossible to think of life before YouTube, just seven years ago. We do not really think of posting a tweet or a Facebook status update as “publishing” or “sending a message” in the same way as printing a leaflet or even sending a text message.

The Twitter Joke Trial rightly upset many people, who saw in the prosecution of Paul Chambers a misunderstanding of both the message and the medium. But the question is, can a law be formulated that will accommodate free expression online? Or, given the changing nature of electronic communication, is any law doomed to obsolescence?

Padreig Reidy is Index on Censorship’s news editor

Tunisia: The fight for an uncensored web is far from over

Yesterday was Tunisia’s first National Day for Internet Freedom, the day also commemorates the death of cyber dissident Zouhaier Yahyaoui, who died seven years ago at the age of 37.

Via his website TUNeZINE, Zouhair criticised the corrupt and autocratic regime of  former president  Zeine El Abidin Ben Ali. Despite using a pseudonym Ettounsi (The Tunisian in English) he was tracked down and  arrested on 4 June 2000 and a court in Tunis later sentenced him to two years in prison for “publishing false information”, “non-authorised use of an Internet connection” and “theft from an employer.”

In November 2003, as a result of international pressure, authorities granted him conditional release but Yahyaoui had already spent 18 months behind bars. He faced serious health issues after suffering torture and abuse during his imprisonment and on 13 March 2005 he passed away following a heart attack.

Yahyaoui won numerous international awards for his fight for net freedom. In his memory, and in recognition of his cyber activism, and his sacrifices for a more democratic Tunisia, 13 March is now the National Day of Internet Freedom in the country.

Since the 2011 uprising, Tunisia has come far when it comes to net freedom. Netizens are enjoying an uncensored web, and they are free to say whatever they want without fearing any government censorship, or repression. Restrictions on launching websites and obtaining domain names have also been loosened. But Tunisia is still “under surveillance” on Reporters Without Borders’ “enemies of Internet List”.

Indeed, a military order issued in May, 2011 demanding the filtering of Facebook pages criticising the army (the pages are no longer censored now for technical constraints), and the legal action taken to force the Tunisian Internet Agency (ATI) to filter pornographic content on the web have launched a heated debate about whether red lines should be drawn for net freedom. Earlier this year Tunisian President Moncef Marzouki said:

There should be red lines limiting freedom of speech…these red lines should not be used as pretexts for censorship…the lines should be debated and accepted by all

In an interview given to Index on Censorship, Moez Chakchouk, CEO of the Tunisian Internet Agency admitted that there have been demands to filter  around 50 FaceBook pages for “defamation”, and for “spreading false information”.

While Tunisia celebrates its first national day for net freedom, the fight for an uncensored web seems far from over.