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The Sejm of the Republic of Poland, the lower house of the Polish parliament.
Poland’s ruling Law and Justice Party (PiS) has had a lot to celebrate in recent months. Just three days after the country’s 98th Independence Day, PiS celebrated one year in office on 14 November. The party, which has a majority in the Sejm, has had a largely free hand in making the “good changes” it had promised in its infamous electoral slogan.
These changes have included making the Polish constitutional court “submissive”, dismissing hundreds of journalists from the newly patriotic national – but no longer public – media, introducing limitations to the right to assembly and extending the state’s power of surveillance.
Last January, the surveillance act added powers to the country’s foreign secret services and the police by allowing them to tap into a wide range of telecommunications details completely unchecked. Ironically, the reform was first prompted by the constitutional tribunal, which, in 2014, had ruled the then-surveillance laws to be unconstitutional. With particular relevance to journalists and media workers, it recommended that those with a right to professional confidentiality could only be under surveillance after court approval.
Far from incorporating these and other recommendations of Poland’s highest court into the surveillance reform, PiS allowed for all broadband lines to be tapped into directly without judicial oversight or the possibility for internet service providers to request more details as to the reasons for such activities.
Wojciech Klicki from the Polish anti-surveillance foundation Fundacja Panoptykon which is run by lawyer activists, told Mapping Media Freedom that the “most important issue has always been the lack of an institution that would check whether intelligence services are acting in accordance with the law” and that was only made worse through the surveillance act.
The anti-terrorism act which came into effect in late June enables unchecked surveillance of foreign nationals once the ABW — Poland’s internal security agency — establishes their possible ties to terrorism. It also allows for websites to be blocked for five days without prior judicial consent and up to 30 days thereafter, should they be deemed to disseminate terrorist content.
Klicki said: “This has enormous implications for media freedom. Fundamentally, the laws do not offer a precise delineation as to what constitutes a ‘connection to an event of terrorist character’. Such a connection may be an article reporting on an event. And the definition is very broad, not only including obvious events like a bomb attack but other common crimes, which were committed with the aim to direct public authorities towards a certain decision, for example through bribery.”
Klicki noted that a five-day ban of a website can mean its demise in times of fast data, as such an incident is likely to result in a withdrawal of advertisers.
As part of its campaign against the law, Fundacja Panoptykon set up a petition and took part in a public consultation specifically for NGOs and activists with the governmental human rights representative Adam Bodnar. Indeed, Polish authorities are hard-pressed to justify the severity of the law due to the country’s very low terrorist threat – in April, the British Foreign Office, stressed the danger of driving a car in Poland while emphasising the terrorist threat there was negligible compared to the European average. Aside from a “tiny tweak of the definition for the ‘event of terrorist character’” as Klicki noted, the law was enacted within two months of its announcement in late April, and ratified by the president, Andrzej Duda, on 22 June.
Of course, journalists can’t be immune from surveillance by their own country or foreign secret services and Polish journalists have had their fair share of encounters with their domestic Anti-Corruption Bureau (CBA). The Gazeta Wyborcza journalist Bogdan Wróblewski won a case against the Bureau in 2013 which consequently had to apologise to him for tapping his telecommunication billings. The CBA’s reason for its ambitious investigation, it emerged during the trial, was to uncover Wróblewski’s and several other regime-critical journalists’ sources. The events took place under the former PiS government term.
Klicki assesses that the recent anti-terrorism laws only exacerbate the problem, especially for foreign journalists. Due to the changes, “journalists can have huge trouble to manage to adhere to their professional confidentiality in Poland”. Asked how Polish journalists make sure they are able to protect their sources, Klicki says they were “now becoming aware of how necessary it is to increase their know-how in the realm of secure communication”, by attending workshops on anonymity, which are offered by his foundation. There is also more information on secure communication online specifically for fixers.
The human rights representative Bodnar submitted the anti-terrorism law to the constitutional tribunal. However, the tribunal has effectively lost its status as an institution of checks and balances though the numerous legislative changes over the past year. Former judge of the tribunal, Andrzej Zoll, commented: “This is the end of a democratic rule of law.”
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/
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Click on the dots for more information on the incidents.
Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.
Turkish authorities have issued two lists of journalists to be arrested since the 15 July failed military coup attempt in the country. Firstly, on 25 July, authorities issued the names of 42 journalists as part of an inquiry into the coup attempt. Well-known commentator and former parliamentarian Nazli Ilicak was among those for whom a warrant was issued, as was Ercan Gun, the head of news department at Fox TV in Turkey.
Two days later, 27 July, authorities issued warrants for the detention of 47 former executives or senior journalists of the newspaper Zaman. The arrests were part of a large-scale crackdown on suspected supporters of US-based Muslim cleric Fethullah Gulen, accused by Ankara of masterminding the failed coup. The authorities shut down Zaman in March. At least one journalist, former Zaman columnist Şahin Alpay, was detained at his home early on Wednesday.
26 July, 2016 – Media Print Macedonia, the publisher of several daily and weekly newspapers, announced that it would dismiss 20 staff members, mostly experienced journalists and former editors from the daily Vest.
Layoffs are also to include employees from daily Utrinski Vesnik, Dnevnik, Makedonski Sport and weekly magazine Tea Moderna.
MPM stated layoffs were prompted by bad results and that the decision on who to dismiss would be based on the company’s internal procedures. Employees who lose heir jobs are to be compensated from one up to five average salaries, TV Nova reported.
24 July, 2016 – Emir Talirevic, a doctor who owns Moja Klinika, a private healthcare institution in Sarajevo, used Facebook to insult Selma Ucanbarlic, a journalist for the Centre for Investigative Journalism, following her articles about Moja Klinika, regional TV outlet N1 reported.
On 24 July Talirevic wrote on Facebook, among other things, that “judging by her psycho-physical attributes [the journalist] should never be allowed to do more complex work than grilling a barbecue”. He alleged hers were “imbecilic findings”, adding that “her work requires higher IQ than 65”.
In a second post, published on 27 July, Talirevic wrote that “as the toilet tank is taking away my associations on Selma and her CIN(ical) website I am thinking about the oldest profession in the world – prostitution”. He also wrote: “CIN is financed by gifts, like prostitutes”, and “after today’s article at least we know for whom Selma Ucanbarlic and her CIN colleagues are spreading their legs”.
Masza Makarowa tłumaczy, dlaczego opuściła rosyjską redakcję Polskiego Radia https://t.co/eCsmqqSJQA ▶️ #TOKFM
— Radio TOK FM (@Radio_TOK_FM) July 23, 2016
22 July, 2016 – Masza Makarowa, a former journalist for the Russian language division of national broadcaster Polskie Radio, left the station due to a repressive climate and censorship, she claimed on her Facebook page.
An “atmosphere of scare tactics and paranoia” was prevalent at the broadcaster, Makarowa said. She also claimed that the station management instructed staff on which sources to consider for publication to Russian-speaking audiences, approving right-leaning, pro-governmental websites while explicitly prohibiting liberal sources like Gazeta Wyborcza for being opinionated. Certain updates, furthermore, were removed from the website.
22 June, 2016 – Jeff Howell, who had been writing a home maintenance advice column for The Telegraph for 17 years, was allegedly dismissed and removed from the Telegraph website after comments he made to his property section editor, Anna White.
According to Private Eye, the column, which was initially published both on the website and online, was removed from the website after he made a joke to property section editor White about correcting the Telegraph’s editing errors following a typo in January. Much of the column’s online archive was deleted following the incident.
Howell’s page on the Telegraph website used to get up to 10,000 hits daily but the removal of most of his columns from the website “made it easy to justify his dismissal by saying he didn’t produce any online traffic”.
Mapping Media Freedom
|
Click on the dots for more information on the incidents.
Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.
21 June, 2016 – Freelance journalist Kastus Zhukouski and cameraperson Alyaksei Atroshchankau who work for Poland-based Belsat TV, were detained in the town of Loyeu, in Homel region, Belsat channel reported.
The two media workers were filming a local brick factory for a story about poor economic conditions in Belarus.
“The police came, and brutally detained me and my colleague Alyaksei. We were taken to the police department, to the control room. They seized the equipment from our hands, broke it. I was knocked down to the floor, handcuffed, a man pressed a knee against my head. He called himself Deputy Chief Henadz Madzharski”, Kastus Zhukouski told BelaPAN.
The journalist also said he had high blood pressure. An ambulance was called and he was given an injection.
Zhukouski and Atroshchankau spent six hours at the police station. No police documents were drawn up despite threats to do so, the channel reported. It is unclear if the journalists have been charged with anything.
Szukouski and Atroshchankau filed requests to the Investigative Committee of the Republic of Belarus asking them to investigate actions of the police.
Journalists working for Belstat have been repeatedly detained and fined in the Homel region.
20 June, 2016 – Belgian justice minister Koen Geens announced his intention to double the length of a prison sentencing for divulging confidential information, in cases where professional confidentially is breached, newspaper La Libre Belgique reported.
According to the Belgium General Association of Journalists, the move is meant to include it amongst the category of offenses which allow specific investigative methods such as phone-tapping or electronic tracing.
“Journalistic sources have to be protected“, the Association stated, reminding of the 7 April 2015 law protection journalistic sources.
A second proposed law is also worrying journalists, which would enable the intelligence service to scrape the protection of a professional journalist if he/she is not considered a real journalist.
23 June, 2016 – Two independent journalists were arrested while on their way to a large protest against the proposed labour law in Paris, Liberation reported.
Gaspard Glanz, from independent website Taranis News, which covers clashes that take place during protests closely, and Alexis Kraland, were detained by police forces.
Ganz tweeted about the conditions, writing: “There’s 12 of us in total in the van. It’s 40 degrees. No water, no air”.
On Periscope, the people in the truck can be seen saying why they were arrested, generally because they were wearing protective material meant to protect them against tear gas.
According to a Taranis News tweet, journalists were arrested for “forming a gathering with the intention of committing an offense“.
22 June, 2016 – A new anti-terrorism law has come into effect on 22 June after it was ratified by the Polish President Andrzej Duda, wiadomosci.gazeta.pl. The law was successfully passed by two parliamentary chambers of the Sejm earlier this month.
The law gives Poland’s intelligence agency, the ABW (Agencja Bezpieczeństwa Wewnętrznego), the right to “order the blocking or demand that the electronic open source service administrator block access to information data”, thereby giving the agency the right to shut down online media outlets, including websites and television programmes, Kulisy24 reported.
Websites can be blocked for up to five days prior to obtaining permission by higher prosecution authorities, and up to 30 days if permission is granted, with the option to renew it for up to three months.
Authorisation for a temporary access ban can also now be granted by the minister of justice. The legislation does not grant power to the source administrator to appeal against such a decision.
Lawyer and expert on surveillance legislation, Prior Waglowski, told the website money.pl: “Blocking…has to occur under judicial supervision… which is not given here. These propositions are taken out of the blue”. He underlined that the definition of terrorism provided is very loose and is up to the discretion by effectively two persons.
Watchdog website Kulisy24 criticised the legislation, writing that it is not known how blocking will be executed and that the ABW is not obliged to publish its blocking order.
The Polish NGO Fundacja Panoptykon started a petition against the law in late April and collected just short of 8,690 signatures by 20 June. Together with the NGO e-Państwo, it also published a protest letter addressed to the Polish president, which was shared by a number of media and NGOs, including the Helsinki Foundation of Human Rights.
In a developing incident reported to Mapping Media Freedom on 18 May 2016 Turkish judicial authorities have opened an investigation against five journalists and trade unionists for participating in a solidarity campaign with the Kurdish daily newspaper Özgür Gündem.
The journalists include Ertugrul Mavioglu, Faruk Eren, Ayse Düzkan, Mustafa Sönmez and Melda Onur.
The Co-Editorship-in-Chief campaign was launched by Özgür Gündem daily on 3 May, 2016 for World Press Freedom Day (#WPFD) where up to 16 journalists participated.
Requests have been filed for the journalists and trade unionists to testify for articles that are being considered “terrorist propaganda” and an “incitement to crime” which were published whilst they participated in the solidarity campaign.
“This is another dark day for media freedom in Turkey,” said Johann Bihr, the head of RSF’s Eastern Europe and Central Asia desk. “Erol Önderoglu has fought tirelessly to defend persecuted journalists for the past 20 years. He is a leader in this field because of his honesty and integrity, which are recognised the world over. It says a lot about the decline in media freedom in Turkey that he is now also being targeted.”
UPDATE: On 25 May, 2016 – Journalist Erol Önderoglu has been added to list of journalists being investigated for “terrorist propaganda” for participating in the solidarity campaign with Özgür Gündem, The European Federation of Journalists (EFJ) reports. EFJ demands that all criminal charges be dropped against him and the other journalists involved in this campaign.
UPDATE: 20 June, 2016 – A prosecutor has issued a warrant for the pre-trial arrest of ad interim editor-in-chief Özgür Gündem Şebnem Korur Fincancı, Bianet journalist and RSF representative Erol Önderoğlu and author Ahmet Nesin.
UPDATE: 20 June, 2016 – Following a court decision, Şebnem Korur Fincancı, Erol Önderoğlu and Ahmet Nesin were arrested around 17.00.
Mapping Media Freedom
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