21 Sep 2020 | FEATURED: Jessica Ní Mhainín, News and features
Index on Censorship has launched its second report, Breaking the Silence, as part of its ongoing research into a type of vexatious legal action known as a Slapp – strategic lawsuit against public participation. The research focuses on the extent to which journalists and media outlets in Europe are being affected by Slapps, and on what can be done to protect them.
Breaking the Silence outlines a series of concerns raised by media lawyers during a roundtable hosted by Index on Censorship in July, and puts forward six measures that would help prevent Slapps from having an impact. One of the most extensive measures is the introduction of anti-Slapps legislation. “Free speech is vastly protected by the anti-Slapp statute – it’s a night and day difference,” United States-based lawyer, Thomas R. Burke, told the roundtable participants as he outlined the legislation that was enacted in California in 1992.
“We are indebted to the lawyers and legal experts who shared their time and insights with us,” said senior policy research and advocacy officer, Jessica Ní Mhainín, who authored the report. “We hope that policymakers will pay heed to the serious threat that Slapps are posing to freedom of expression, rule of law, and democracy, and consider the measures that are proposed in this report.”
Read the full report.
2 Sep 2020 | News and features
[vc_row][vc_column][vc_single_image image=”114690″ img_size=”full” add_caption=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]“The Hungarian public’s access to sources of balanced news and information is in greater danger than ever before.” This was the stark warning that Index on Censorship, alongside 15 other organisations, delivered to Executive Vice-President of the European Commission Margrethe Vestager today.
After a decade of Prime Minister Viktor Orban’s rule, Hungary’s media landscape is in turmoil. Last month, 70 of the approximately 90 journalists working at Index.hu – which had been considered one of the last major independent news outlets in Hungary – resigned after the editor-in-chief was fired by the company’s CEO.
“For years, we’ve been saying that there are two conditions for the independent operation of Index: that there be no external influence on the content we publish or the structure and composition of our staff. Firing Szabolcs Dull has violated our second condition. His dismissal is a clear interference in the composition of our staff, and we cannot regard it any other way but as an overt attempt to apply pressure on Index.hu,” the departing journalists wrote in an open letter.
“Index was the most widely read news website in Hungary,” explained András Pethő in an interview with Index on Censorship. Pethő is co-founder and senior editor at Direkt36, a small investigative journalism outlet that focuses on reporting abuses of power. “It was one of the few remaining independent news websites in Hungary. It was a kind of hub on the Hungarian internet: a lot of people started their day by checking Index.”
“The organisation, the outlet itself is still here. The whole staff resigned but they hired new people. There’s a new leadership and we’ll see what that looks like, how they will cover news, and how independent they will be,” said Pethő. “What happened is bad for basically everyone who is interested in independent journalism in Hungary.”
Before founding Direkt36, Pethő had been a reporter and editor at Origo.hu, one of the largest online news outlets alongside Index. But in 2014, Origo.hu’s editor-in-chief was abruptly replaced after an investigation was published about lavish expenses claimed by Orban’s chief of staff. “Basically we went through a pretty similar story [to Index],” said Pethő. “The whole project – Direckt36 – was born as a response to the negative environment.”
What happened at Index and Origo are just two examples of the Hungarian government’s efforts to undermine independent media in the country. Index on Censorship has reported regularly on Orban’s attacks on the media and has been particularly concerned by events of the last six months fearing that the Covid-19 crisis is being used as a distraction to further curtail media freedom. In this period, we have received reports of journalists being barred from press conferences, alongside other attacks that we have documented on our map.
But despite the government’s ongoing and strategic efforts to punish critical media and reward government mouthpieces, the EU has yet to meaningfully intervene. As highlighted by the signatories of today’s letter to Vestager, such efforts have included the misuse of state aid, which has resulted in two complaints being logged with the European Commission in 2016 and 2018 respectively. The first complaint relates to Hungary’s public service broadcaster which, despite having long ceased to meet international standards due to its clear pro-government bias, continues to receive state funding. The second relates to the distribution of state advertising to media outlets in Hungary.
Although it was a market leader, Index.hu had received virtually no state advertising in the years prior to the mass resignations. At the same time, its main competitor – the now pro-government Origo.hu, benefitted heavily. As stated in today’s letter, “the goal of these efforts is clear: to financially weaken independent media and hamper the production and dissemination of critical news.”
Pethő says that Direkt36 are among the organisations feeling the squeeze. “When we launched it in 2015 and when we had a bigger story, those stories were often picked up by several online news outlets, a couple of TV channels, radio stations… so it could travel quite widely in the Hungarian media,” he said.
“That space has been shrinking gradually more and more and now when we publish a bigger piece maybe it’s picked up by a couple of news websites, maybe there is a radio interview, maybe one TV channel. But it’s much less than what we had three, four or five years ago.”[/vc_column_text][/vc_column][/vc_row]
11 Aug 2020 | Covid 19 and freedom of expression, News and features
[vc_row][vc_column][vc_single_image image=”114537″ img_size=”full” add_caption=”yes” alignment=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Cartoonists are “the canaries in the coal mine” when it comes to media freedom. That, at least, is the view of multiple award-nominated Belgian cartoonist Steven Degryse, better known to his readers as Lectrr.
If so there is certainly something wrong in the mine. According to the Cartoonists Rights Network International, there have been more than twice the number of attacks against cartoonists between the months of March and May this year than there normally are, and the reason? It is a dangerous combination of restrictive legislation enacted because of the Covid pandemic, the rise of authoritarianism, frayed tempers, and offended individuals with powerful platforms.
Early on in the crisis, Lectrr’s cartoon of a Chinese flag with biohazard symbols instead of stars drew sharp criticism.
“I started to receive a lot of hate mail on my social media, most of it in Chinese, and a lot by fake accounts and manufactured texts. After a while I also received a death threat by one of the accounts,” said Lectrr.
While he did not feel pressured by the negative reactions, not all cartoonists share this sentiment. Australian cartoonist Badiucao received a death threat from a Twitter user following the publication of his Wuhan Diary; likewise, Mahmoud Abbas and his family’s location was shared on social media following the publication of his oil crisis cartoon that sparked a smear campaign against him as well as death threats.
Terry Anderson, executive director of Cartoonists Rights Network International, says that in countries where democracy is weak or entirely absent, legislation that is said to be in the name of monitoring false information about coronavirus is “actually being used to detain critics who…aren’t pleased with how the situation is being handled in their country”. Anderson said, “Authoritarianism, isolationism, and exceptionalism are pretexts by those who have an inclination to curtail freedoms…under the auspices of protecting public health, protecting from misinformation and disinformation, from fake news, and so on.”
Lectrr said there has been a rise in both violence and legislation that prohibits criticism of the government, or that the government deems seditious in countries “where we see the rise of autocratic leaders…[like] Trump, Bolsonaro, Orban, and Francken who constantly bash or criminalize journalists and cartoonists with their followers”.
This is something that the Index on Censorship has been acutely aware of. Since the start of the Covid-19 pandemic, there have been more than 200 violations of media freedom which we have reported on an interactive map, in conjunction with our partners at Justice for Journalists Foundation.
For example, Brazilian president Bolsonaro suspended the deadline for when his government must respond to a request for access to information in an attempt to prevent the public from accessing government records; a study in Hungary found that public information on the coronavirus pandemic has been centralised and restricted in an attempt to control the pandemic’s narrative; and in the United States, the NYU Grossman School of Medicine and NYU Langone Health has ordered faculty doctors not to speak with reporters about Covid-19 without express approval from the Office of Communications and Marketing under threat of termination. These legislative and regulatory attacks on media freedom have affected journalists and cartoonists by preventing their access to pertinent information, and therefore curtailing criticism of respective governments. However, government regulation of media is not the only type of violence that cartoonists have had to endure.
With billions of people around the world in lockdown, media content has been at the forefront of everyone’s mind. People are constantly on the news—newspapers, social media, televised reports—and right along with the daily news is a critical cartoon.
Anderson said, “Because so many things in their common life are gone, people are consuming information in a much higher quantity, so when a news story breaks, everyone is paying attention. If there’s a cartoon that pisses people off, it’s going to piss off far more people far more quickly.”
Lectrr’s cartoon was one of many that upset powerful people.
In the early months of 2020, “there was a rash of diplomats specifying cartoons that they took umbrage with…when a diplomat, somebody with an enormous platform and prestige singles out an individual practitioner, it’s an open invitation to harassment,” said Anderson. “The majority are state actors: governments, police forces, and military.”
When cartoonists, who are often freelance artists, are targeted by someone as powerful as a diplomat, they become the eye of public dissent, and as a result, become victims of smear campaigns, death threats, and, in some cases, violent, physical attacks.
Usually, a cartoonist or journalist can be silenced in the EU with the “brutal intimidation…of lawyers. Cartoonists and journalists often don’t have the means to go into lengthy trials, so even when they are right…they often don’t stand a chance against powerful enemies,” according to Lectrr.
These kinds of defamation cases run “dry the resources of cartoonists,” he continued, but in the age of the coronavirus, the most effective way to silence a cartoonist seems to be by putting them in the centre of a storm of loyal, angry, low-patience supporters, bypassing the need to spend money on a trial, and instead using a sea of threats to intimidate and silence cartoonists.
This Covid-inspired attack on cartoonists has led some media outlets to conclude that cartoons and cartoonists are a problem, Anderson stated.
“It’s a strange thing, just five years after the Charlie Hebdo massacre, to see so many places saying, ‘yeah, we’ll just do without—we won’t have cartoons.’”
Although a world without cartoons feels more imminent now during the clash of authoritarian leaders and a deadly virus, Lectrr warns that “where cartoonism [sic] is in decline, so is freedom of speech, or even democracy.”
What happens to a society when freedom of speech is regulated, or worse, eradicated, by governments? And how close are we to that edge?
Read more about Index on Censorship’s mapping media freedom during Covid-19 project. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You might also enjoy reading” category_id=”40456″][/vc_column][/vc_row]
7 Aug 2020 | News and features
[vc_row][vc_column][vc_single_image image=”114499″ img_size=”full” add_caption=”yes”][vc_column_text]A year ago, on 5th August, Narendra Modi’s government in India unilaterally changed the status of the disputed territory of Jammu and Kashmir, revoking most of Article 370 which had given the region a level of autonomy and protection for 65 years. This single action has led to a year-long lockdown and curtailing of nearly every human right for the people of Jammu and Kashmir. The internet was switched off, phone lines were turned off, public gatherings were banned including for prayer, a curfew was instigated and the Indian army was deployed in significant numbers.
The situation on the ground has been devastating and it’s been almost impossible to get information to the Kashmiri diaspora about whether their friends and families are safe. For 213 days, you could not access the internet. And only after an international outcry were the approximately 300 journalists working in Kashmir given access to the internet via just a handful of official computers (in Srinagar, for example, CNN reported that the city’s journalists had to queue for hours to use just one of four computers with an internet connection for less than 15 minutes). Local media has been significantly restricted with huge pressure being placed on media outlets to only print the government line. The situation worsened just weeks ago, when the Indian government introduced a new media policy which has basically given carte blanche to the government to take action against any journalist or media organisation who operate in Kashmir if they don’t like what’s published.
Even in these circumstances journalists have remained in post, adamant to report on what is happening on the ground and the impact on the community – how people are surviving under such harsh circumstances. They have gone to extreme lengths to get news out, such as travelling to Delhi to access the internet. One Kashmiri journalist, Bilal Hussain, revealed in a recent interview with Index that in order to get video interviews to his editor in Paris, he would put them on a memory stick and give them to a friend who was travelling to the USA, and he sent it on from there.
These journalists did what only journalists can do, they shined a light where there was only darkness. They exposed the actions of a government that had moved against its citizens and they tried to tell the world.
This has not been without a huge personal cost though. Journalists have been harassed and in at least three cases arrested by the Indian authorities for doing their job. Masrat Zahra, a freelance photojournalist, Peerzada Ashiq from the Hindu newspaper and Gowhar Geelani, a renowned author and journalist, have all been arrested for crimes related to their journalism.
These journalists, these people, represent the front line in the fight for free speech. Their work, covering one of the most contentious areas of the world, ensures that the actions of government are not without consequence. They have made sure that the world knows and they have given hope to the people of Jammu and Kashmir. It’s our job to make sure that they do not stand alone and we won’t let them down.
The Autumn issue of Index has a dispatch from Kashmir about the challenges of working in the region as a journalist. Click here for information on how to read the magazine. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_btn title=”DONATE” color=”danger” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fdonate||target:%20_blank|”][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]
