Blocking porn marks key test of net freedom in Tunisia

The fall of the regime of Zine el Abidine Ben Ali has allowed internet users in Tunisia to enjoy a period of unfettered web access after the Tunisian Internet Agency (ATI) turned off its censorship machines. Now the internet censorship debate has surfaced again.

In May last year a Tunisian court ordered the ATI to block X-rated websites following a complaint lodged by a group of lawyers who argue that pornography violates Islamic values and presents a threat to children surfing the web. This case initiated a debate about “red lines” and internet freedom.

After losing an appeal on 15 August 2011, the ATI took the case higher to the Court of Cassation, claiming that “the filtering of pornographic websites listed by Smart Filter could not be carried out for the five internet service providers.” A verdict is due in the next few days. If the court orders the agency to reinstate filtering, the agency will find itself forced to perform a censorship role it no longer wants to play.

Over the past year, the ATI has attempted to redefine its function. Moez Chakchou, the ATI’s CEO, describes its role post revolution as  “guaranteeing net neutrality, and when we say net neutrality we should not care about the content”.

The ATI chief told Index: “From a judicial point of view, I am obliged to filter, and I do respect these verdicts even though they contradict my personal beliefs.”

Earlier this year, Tunisia’s Interim President Moncef Marzouki, raised the issue of “red lines” in an interview. ‘’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’’ he said.

Free speech activists believe that filtering pornography or creating “red lines” could pave the way for a comeback of censorship.

“We are fighting against a ghost of the past… It would be regrettable to resort to operations of anonymous (OpTunisia) or to use proxies again just like under the Ben Ali regime”, said Dhouha Ben Youssef, a blogger.

“I believe that the first important step to take in order to prevent the comeback of censorship is adding the word “internet” in the new constitution…because I don’t consider internet as means of communication only, but as means of expression”, she added.

Tunisia does not currently have legislation covering internet censorship, the ATi Chief warns that:

“If the state wants to draw red lines for net freedom, it should first establish an independent authority to regulate the internet. Internet legislation should not be drafted without a regulation authority that creates balance, between public and individual interests”

China: Several Tibetan-language sites offline

Several Tibetan-language blogs hosted in China are reported to have gone offline today, amid a period of severe unrest. AmdoTibet’s blog section has been temporarily shut down, a message on the site reads, “due to some of the blog users not publishing in accordance with the goal of this site.” Tense events of recent weeks have included a stream of self-immolations in Tibet protesting against Chinese rule, and more recently, deadly clashes between officials and demonstrators.

Twitter to restrict tweets in specific countries

Micro-blogging site Twitter last night [26 Jan] announced it would begin withholding tweets in certain countries, sparking claims of censorship. Prior to this move, Twitter had to remove a Tweet from its global network if it received a government takedown request from a government, but it will now be able to restrict content in a specific country while keeping it available in others. In the interests of transparency, Twitter has also expanded its partnership with the Chilling Effects website, making it easier to find Twitter takedown notices.

Facebook more pub than publishing, Leveson told

The director of public policy (EMEA) at Facebook told the Leveson Inquiry today that regulating what people say on the social network would be akin to regulating what people say in the pub.

Richard Allan said it was “important” to distinguish editorial published content from “chatter on the internet”, noting that websites of papers such as the Guardian provide content, while Facebook provides distribution.

Questioned about the website’s oft-debated approach to privacy, Allan said that the purpose of the social network, to which over 50 per cent of Britons over 13 subscribe, is to allow people to connect and “share information with others”. He defended the network’s anti-anonymity policy, arguing using one’s real name made for a more “meaningful” experience.

He told the Inquiry that users should be able to speak freely on the website as long as they obey rules. He noted that the site has clauses on hate speech, pornography and harassment, adding that the “strongest protection” came from its 800 million-strong community of “neighbourhood watch” users.

Earlier today, representatives from Google urged the Inquiry to ensure a distinction between the publisher of content online and the host platform.

“Google is not the internet, and it is also not the only entry point to the internet,” the web giant’s head of corporate communications in the UK, David-John Collins, told the Inquiry. “Whatever robust system you recommend will have to cover all entry points.”

He emphasised that there was a “very essential balance online”, while Daphne Keller, the corporation’s legal chief who appeared alongside Collins today, warned against the “over-breadth” of regulating the internet.

Keller and Collins spoke at length about Google’s policy for removing content. They told the Inquiry that it has removed hundreds of URLs from its search function relating to the News of the World Max Mosley splash, but stressed that that does not mean the content disappears from the web.

Last November Mosley told the Inquiry that search engines were “dangerous”, as they could “stop a story appearing, but don’t or won’t as a matter of principle”. The former motorsports chief revealed he is currently taking litigation action in 22 countries, suing Google in France and Germany, and considering bringing proceedings against Google in California in an attempt to remove certain search results.

Keller said that defamatory material will usually be taken down within days, but if such content is defamatory under UK law it may still be visible for users via google.com, so long as it does not violate US law.

She said it would be impractical for Google to search out potentially defamatory content itself, and said it is “much better” for users if a judgment has been made by a court or legal process that has weighed the evidence.

Also appearing this afternoon was Camilla Wright, co-editor of celebrity news website Popbitch.  “You can’t choose when you’re public and choose when you’re private,” Wright said of celebrities, adding that the website had apologised “five to six” times since it was founded.

The Inquiry will resume on Monday.

Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson