India: Parliament TV blacks out during debate over controversial bill

(Image: Lok Sabha TV)

(Image: Lok Sabha TV)

India’s lower house of parliament – the Lok Sabha – though capable of witnessing introspective and impressive debates, is often in the news because of the bawdy and boisterous behaviour of its elected members. Obstructionist behaviour – unacceptable in streets, schools and other workplaces – is employed to register protest, all under the watchful eye of Lok Sabha TV – a government channel dedicated to broadcasting the proceedings. The transmission is used by private TV channels, to report on important debates of the day, but most often to highlight “unparliamentary” behaviour.

Only last week, a member of parliament from Vijaywada, Andhra Pradesh used, not logic or reason, but pepper spray on fellow parliamentarians to protest the tabling of the “Andhra Pradesh Reorganisational Bill”. Just five days later, on 18 February, the same bill was tabled in parliament amidst much uproar, and the house was adjourned three times due to disruptions. Then, around 3:18pm, the bill was tabled on the floor of the house, but the live proceedings that usually accompany it were “blacked out”. The government called it a “technical error” while the leader of opposition in the lower house, Sushma Swaraj of the BJP, called it a “tactical error”. Thus, for the first time in its history, the lower house of Indian parliament passed a law as important as creating a new state – by reorganising Andhra Pradesh into two states; Andhra Pradesh and Telangana – away from the media glare and the public eye. The upper house has also passed the Telangana bill, which the president — a Congress appointee — is expected to sign.

The history behind the controversial bill is long and emotional; however in a nutshell, the demand is to carve out a new state from the existing state of Andhra Pradesh, which would absorb the current state capital of Hyderabad. Protestors against such a move have argued that bifurcation would cause detriment to new Andhra Pradesh, also known as Seemandhra, as the more developed city of Hyderabad, water bodies and income opportunities would no longer be easily accessible to them. They also believe that they would be more vulnerable to the threat of naxalism, a communist ideology. The protests have been raging since 2011, which have seen many incidents of violence, vandalism, arson, ransacking, petrol bombs, tear gas, and most recently, pepper spray.

The history behind protests in the well of the house leading to disruptions and adjournments over crucial issues, of course, extends well beyond the issue of Telangana. In 2013, a report by the Times of India indicated that since the 1950s, the hours spent working in the Lok Sabha have been gradually decreasing; from about 3784 hours on average between 1952-57 (during the 1st Lok Sabha session) to 1157 hours since 2009 (the current and 15th session of the lower house). Lok Sabha floor management seems to be dismal, resulting in critical legislation still pending consensus. Further, members seem to be “trying to impress their voters back home with their commitment to the cause they are espousing” by their interruptions, using the live broadcast of Lok Sabha to their advantage. The infamous pepper spray incident wasn’t just about the MPs who were wheeled off to the hospital. Glass screens on the tables were smashed, microphones were uprooted, papers flew everywhere, and the parliamentarians were in fisticuffs with each other. The images of the day shocked the media and viewers alike, with reports calling it a “day of shame”.

On 17 February, a day before the “black out” the Indian Express reported that the government had made arrangements for the Finance Minister P. Chidambaram to read out the 2014-15 Interim Budget in the Lok Sabha TV studio, should the MPs disrupt the proceedings once again. The report also stated that: “If the speech is read from the studio, it would be the first such instance. Government managers said they hope the step won’t be necessary, but have alerted the studio authorities to be prepared.” Luckily for him, the house listened with minor interruptions and passed the bill.

However, it was just the next day that the government chose to manage the disruptions in the lower house, caused by the tabling of the Telangana bill, by ordering Lok Sabha TV to stop both, broadcasting the proceedings of the House and transmitting its live feed to other private media channels. The Economic Times reports that: “The House looked like a virtual battle-ground during the 90-minute proceedings as members resorted to slogan-shouting to protest against passage of the bill. Live telecast by Lok Sabha TV was stopped, perhaps the first time.” Many members of parliament called it a “black day” in the country’s democracy, and others likened the move to the heavy censorship employed during India’s Emergency, when Prime Minister Indira Gandhi heavily censored the media. Despite a statement from Lok Sabha TV’s CEO who has called it a “snag”, the Parliamentary Minister, Kamal Nath, confirmed that the black out was “a decision of the Lok Sabha secretariat”. There are hints that the opposition, while protesting the black out loudly in public, knew about the plan to stop transmission.

Congress Minister Rajeev Shukla defended the move by saying that the media gallery was open, therefore there was no intention to keep anything behind closed doors. Congress spokesperson Abhishek Manu Singhvi stated in a TV interview that, “why is so much noise being about the live transmission? Eight years ago there was no live coverage. Does it mean parliament didn’t function or people did not speak? There were 200 correspondents were in the press gallery who were witness to what happened during the passage of the bill.” Others, on the winning side, like Telangana supporter KT Rama Rao felt that “people have no problem if the TV channels did not receive their TRPs. The Speaker might have decided to stop the telecast to save some lives at the moment when emotions were high.”

In an interesting analysis, Sevanti Ninan, of the Hoot, looks back at the role of Indian media in creating and sustaining movements such as Telangana. She writes: “In the case of Telangana, newspapers and TV channels have come into existence in the last few years primarily to articulate the statehood demand. If the media pre-2009 was owned largely by businessmen and politicians from the Andhra region, there are now entrants such as T News, V-6 and others on the Telangana side of the divide.” In fact, such was their role that in January 2010, the Andhra Pradesh High Court observed that “on account of some of these abusive visuals, people are becoming violent…”

Therefore the issue boils down to a few either/or questions. Did the Speaker of the House cancel the broadcast on purpose, and if yes, in today’s television era, is the move justified? Do people have a right to see how their MPs behave in parliament – good or bad – or does the Congress argument that other forms of media can report on the proceedings of the House hold water? Is this a dangerous precedent set by the ruling UPA? Is the move to simply deny private channels/political parties who oppose the government’s position their TRPs for the day, by cancelling live footage of the ruckus of the House? Can the Lok Sabha simply choose to switch off live proceedings in order to pass a contentious bill, or can this be categorised as “floor management”?

And the elephant in the room – without the free publicity by Lok Sabha TV cameras, did the MPs finally get down to actually doing the work — vote — that they are meant to instead of prolonged disruptions?

This article was published on 20 February 2014 at indexoncensorship.org

New press regulator would not stop phone hacking, says Index panel

The panel from left to right: Gavin Millar QC, Tom Phillips, Padraig Reidy, Jonathan Heawood and Gill Phillips (Image: Georgia Hussey)

The panel from left to right: Gavin Millar QC, Tom Phillips, Padraig Reidy, Jonathan Heawood and Gill Phillips (Image: Georgia Hussey)

A new press regulator, with or without statutory underpinnings, would not stop another scandal like phone hacking from happening, an Index on Censorship  panel said yesterday. The panel, consisting of Gill Phillips (Legal Director, Guardian Media Group), Gavin Millar QC (Doughty Street Chambers), Jonathan Heawood (Director of the Impress Project), and Tom Phillips (Senior Writer, Buzzfeed UK), chaired by Padraig Reidy, spoke at a Doughty Street Chambers and Index on Censorship debate on press freedom in the UK after the Leveson inquiry.

“In terms of the institutions that failed over phone hacking, the Press Complaints Commission doesn’t even make it onto the podium,” said Tom Phillips.  “So the idea that any kind of regulation was ever intended to be the solution to this is missing a whole bigger picture.”

If you set up a system to stop something “human ingenuity and imagination” will find a way to get around it, said Gavin Millar QC. He added that the best regulation “has to come from the heart”, and was worried about the complicated rules surrounding regulation taking the responsibility away from those “who are putting the stuff out.”

Jonathan Heawood argued that we can make press abuses “less likely” though a “good, intelligent, intelligently applied regulator” and “sufficiently enforced, sufficiently clear sanctions”.  He added that regulation is “part of the solution” to improve conditions allowing public interest journalism to flourish.

Press regulation took centre stage at the event, but wider issues of press freedom were also discussed. Gavin Millar pointed out how the UK’s debate on press freedom and press regulation may be perceived in authoritarian countries, while Tom Phillips warned that ignoring the evolving social norms of the internet age bad is for press freedom. Gill Phillips argued that while the UK isn’t as bad on press freedom as some other countries, “where we’re going” and “the threat of criminalisation that effects every day journalism” is worrying.

The event took place ahead of the release of Index on Censorship’s policy paper Life after Leveson: British media freedom in 2014. The paper acknowledges that the recent change in libel law was good for this country’s press freedom, “the record of successive governments have been far from perfect” and “there are still several areas where this government can act to safeguard the free press and free speech more broadly in the coming year.”

It was a timely discussion, as yesterday the High Court dismissed David Miranda’s challenge to his detention at Heathrow under the Terrorism Act in August. It was also the day former News of the World editor Rebekah Brooks took the stand in the ongoing hacking trial.

“The [Miranda] judgement has some wide ranging views downgrading  journalism in the 20th century that I find personally bizarre,” said Philips. Millar said the judgement shows how the “remaining tendency of government using the possibility of court proceedings against newspapers to stifle the publication of state secrets” has a “chilling effect” on press freedom.

The sold-out event encouraged audience interaction, which made for a lively and at times heated, debate. One comment from the floor argued the panel had missed the point — that the debate was about press abuses, and a regulator was the minimum step that had to be taken. Another audience member questioned the press calling for regulation of other industries, but not wanting to be regulated themselves. The Guardian’s Roy Greenslade argued that we need to separate those issues of press abuse that can be tackled through the law and those that must be tackled by self-restraint on  the part of the media. Observer columnist Peter Preston said the Royal Charter regulator would be part of a “conspiracy of chaps”.

The discussion also took place on Twitter, under the hashtag #LifeAfterLeveson

This article was published on 20 February 2014 at indexoncensorship.org

Iraqi newspaper bombed after Ayatollah caricature

The Zad caricature of Ayatollah Khamenei (Image RFE/RL)

Al-sabah al jadeed’s caricature of Ayatollah Khamenei (Image RFE/RL)

Independent Iraqi daily newspaper Al-Sabah Al-Jadeed has survived numerous attempts to destroy it over its 10 year existence. But on 10 February, the newspaper’s Baghdad office was bombed and now its future is in doubt. The daily may need to find a new office, employees are fleeing, and its website is facing one DoS attack after another.

Windows, furniture and equipment were damaged when a bomb went in front of the building at 4.30 am. Later that morning another bomb exploded not far from the newspaper, while an unexploded heavy C4 plastic explosive device was found inside the premises and dismantled by police. No one was injured or killed, as the office was empty – but some neighbours are suggesting that the newspaper should move.

A few hours later that same day a militia-like group entered the building. “They came threatening us in broad daylight, so to speak,” says Ismael Zayer, editor in chief. The group escaped after employees managed to warn the police.

The bomb attacks followed a social media campaign to demand the closure of the newspaper after it published its weekly supplement Zad on 6 February. The supplement was devoted to the 35th anniversary of the Islamic Revolution in Iran and on the cover featured a caricature of Iran’s supreme leader, Ayatollah Ali Khamenei. The cover caricature is a tradition for Zad, a supplement that came into existence in the first months of the Arab Spring. Ahmed al-Rubaie, the newspaper’s cartoonist, has drawn hundreds of caricatures of political and religious figures, from Iraqi president Jalal Talabani, Najaf’s grand ayatollah Al-Sistani and prime minister Nouri al-Maliki to Nelson Mandela and other internationally known figures. These cartoons are never intended to be offensive or convey a negative message, they are just an alternative to uninteresting photos of VIPs.

Zayer believes the caricature of Khamenei is just a pretext to attack the newspaper and have it closed before the parliamentary elections planned for this spring. But there may be yet more reasons for the attacks and threats against the newspaper. Al-Sabah Al-Jadeed recently covered a damning report by Human Rights Watch on the abuse of female detainees in Iraqi prisons. HRW accused the government of illegally detaining wives and daughters of (Sunni) suspects who are on the run, claiming detainees were sexually abused. Zayer wrote an open letter to the government, demanding that the Minister of Justice, Hassan al-Shimmari, be sacked. “I am ashamed of my country,” he commented, “What are we? A whorehouse?”

After some efforts to convince the Ministry of Interior to protect the newspaper and its staff, the office of the newspaper is now under permanent surveillance by the police, but it is unclear for how long. Zayer has left the country temporarily after receiving death threats. This is not the first time the editor has been forced to flee Baghdad.

In the beginning of 2006 when Iraq’s sectarian conflict led to thousands of assassinations a month, Zayer managed the newspaper from a small office in Amman, Jordan. He planned to create an international edition for the millions of Iraqi refugees outside their home country – a project that was almost ready to be launched when on 30 December, Saddam Hussein was hanged in a way that scandalised his Jordanian supporters and made the company that was going to produce the international edition wary of printing a newspaper critical of Ba’athists.

Zayer decided to open a second bureau in Erbil, the relatively safe capital of the autonomous Kurdish Region, and to bring back around a dozen journalists that had escaped to neighbouring Jordan, Lebanon and Syria. The bureau was maintained until the very end of 2009, when Zayer and most of his staff went back to Baghdad.

The newspaper has faced many other challenges. In May 2004, Zayer’s driver and bodyguard were killed during an attempt by fake police to kidnap the editor in chief. Later, one of Zayer’s brothers was kidnapped for a hefty ransom. More than once ministers ordered an advertising boycott – a large part of the advertising in the newspaper concerns government tenders, next to a steady stream of ads by mobile phone companies and real estate firms. Nowadays, a strange rule is in force that says tender ads can only be paid once the tender has been decided – as a result, the newspaper is sitting on hundreds of unpaid bills.

From 2006 until 2008, when Nouri al-Maliki, after having been under siege in Basra himself, finally decided to defeat the Shi’ite militias in the south and the capital, distribution of the newspaper was often prohibited in many cities and Baghdadi neighbourhoods. Distribution north of the capital was completely disrupted during the American siege of Fallujah at the end of 2004 – and for a long time thereafter. The Borsa in Baghdad, a building from where for years, several independent and party newspapers were sold to traders every morning, was occupied for months by Ba’athists. Sometimes printing houses ran out of paper after trucks were stolen on the road from Amman to Baghdad and their drivers killed.

By attempting to create a modern, democratic trade union for journalists, Zayer, who was elected its first president, ran into serious trouble with the old union, one of the many Ba’athist institutions the US occupation’s administration had left intact.

The newspaper has survived several libel cases brought on by various politicians demanding potentially ruinous compensation sums, owing its victories to courageous independent judges. It has survived vicious campaigns on the internet claiming it is in “American-Zionist” hands. Recently it survived the flooding of large parts of Baghdad, as a result of bad maintenance of the sewage system and torrential rain.

Iraqi readers have shown their support for the newspaper after the bomb attack. This February is not the first time there is no Al-Sabah Al-Jadeed in the streets – but this time, as those responsible for the bomb attack didn’t leave a business card, with whom should the newspaper negotiate? Removing the supplement from the website hasn’t helped to assuage the anger about the innocent caricature of Khamenei. In the past the newspaper could hang on thanks to financial help from donors, as well as political support from Iraqi ministers and top officials who think independent media are at least a necessary evil. It certainly needs solidarity now.

This article was published on 13 February 2014 at indexoncensorship.org

Life After Leveson: Media Freedom in the UK (19 Feb)

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Join Index on Censorship for a lively discussion of the past and future of Britain’s free press.

2014 is set to be a pivotal year for UK media. The new defamation law will see its first tests, and the press and campaigners are rushing to establish a new regulator. Is the free press under threat? How much of a difference will new libel laws matter? Is the debate already out of date?

With  Gill Phillips (Legal Director, Guardian Media Group), Gavin Millar QC (Doughty Street Chambers), Jonathan Heawood (Director of the Impress Project), Tom Phillips (Senior Writer, Buzzfeed UK), Padraig Reidy (Index on Censorship, Chair).

 

WHEN: Wednesday 19th February 2014, 18:30 – 20:00 inc. drinks
WHERE: Doughty St Chambers, 53-54 Doughty St, WC1N 2LS
TICKETS: RSVP here

 

@IndexEvents – #lifeafterleveson

 

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