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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
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
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
Generously supported by
Statement: Egyptian authorities must stop their attacks on media freedom from Article 19, the Committee to Project Journalists, Index on Censorship and Reporters Without Borders
Twenty journalists working for the Al Jazeera TV network will stand trial in Egypt on charges of spreading false news that harms national security and assisting or joining a terrorist cell.
Sixteen of the defendants are Egyptian nationals while four are foreigners: a Dutch national, two Britons and Australian Peter Greste, a former BBC Correspondent. The chief prosecutor’s office released a statement on Wednesday saying that several of the defendants were already in custody; the rest will be tried in absentia.The names of the defendants, however, were not revealed. The case marks the first time journalists in Egypt have faced trial on terrorism-related charges, drawing condemnation from rights groups and fueling fears of a worsening crackdown on press freedom in Egypt .
“This is an insult to the law,” said Gamal Eid, a rights lawyer and head of the Arab Network for Human Rights Information. “If there is justice in Egypt , courts would not be used to settle political scores”, he added.
In December, the government designated the Muslim Brotherhood as a terrorist organization. It has since widened its heavy-handed crackdown on Brotherhood supporters, targeting pro-democracy activists, journalists and anyone considered remotely sympathetic to the outlawed Islamist group.
In a move seen by rights advocates as a blow to freedom of expression, most Islamist channels were shut down by the Egyptian authorities almost immediately after Islamist President Mohamed Morsi was toppled in July. The Qatar-based Al-Jazeera is one of the few remaining networks perceived by the authorities as sympathetic to Morsi and the Brotherhood.
Once praised by Egyptians as the “voice of the people” for its coverage before and during the 2011 mass protests that led to the removal of autocrat Hosni Mubarak from power, Al Jazeera has since seen its popularity dwindle in Egypt. Since Morsi’s ouster by military-backed protests in July, Qatar has been the target of media and popular wrath because of its backing for the Brotherhood. Allegations by the state controlled and private pro-government media that Qatar was”plotting to undermine Egypt’s stability” has inflamed public anger against the Qatar-funded network, prompting physical and verbal attacks by Egyptians on the streets on journalists suspected of working for Al Jazeera.
The Al Jazeera Arabic service and its Egyptian affiliate Mubasher Misr were the initial targets of a government crackdown on the network and have had their offices ransacked by security forces a number of times. In recent months however, the crackdown on the network has escalated, targeting journalists working for the Al Jazeera English service as well despite a general perception among Egyptians that the latter is “more balanced and fair” in its coverage of the political crisis in Egypt.
The Al Jazeera network has denied any biases on its part and has repeatedly called on Egypt to release its detained staff. According to a statement released by Al Jazeera on Wednesday, the allegations made by Egypt’s chief prosecutor against its journalists are “absurd, baseless and false.”
“This is a challenge to free speech, to the right of journalists to report on all aspects of events, and to the right of people to know what is going on.” the statement said.
Three members of an Al Jazeera English (AJE) TV crew were arrested in a December police raid on their makeshift studio in a Cairo luxury hotel and have remained in custody for a month without charge. Both Canadian-Egyptian journalist Mohamed Fahmy — the channel’s bureau chief –and producer Baher Mohamed have been kept in solitary confinement in the Scorpion high security prison reserved for suspected terrorists and dangerous criminals. An investigator in the case who spoke on condition of anonymity because he was not authorized to speak to the press said Fahmy was an alleged member of a terror group and had been fabricating news to tarnish Egypt’s image abroad.
Earlier this week, Fahmy’s brother, Sherif, complained that treatment of his brother had taken a turn for the worse and that prison guards had taken away his watch, blanket and writing materials.
Peter Greste, the only non-Egyptian member of the AJE team has meanwhile, been held at Torah Prison in slightly better conditions. In a letter smuggled out of his prison cell earlier this month, Greste recounted the ordeal of his Egyptian detained colleagues, saying “Fahmy has been denied the hospital treatment he badly needs for a shoulder injury he sustained shortly before our arrest. Both men spend 24 hours a day in their mosquito-infested cells, sleeping on the floor with no books or writing materials to break the soul-destroying tedium.”
Al Jazeera Arabic correspondent Abdullah El Shamy, another defendant in the case, has meanwhile been in jail for 22 weeks. He was arrested on August 14 while covering the forced dispersal by security forces of a pro-Morsi sit-in and has been charged with inciting violence, assaulting police officers and disturbing public order. El Shamy began a hunger strike ten days ago to protest his continued detention. In a letter leaked from his cell at Torah Prison and posted on Facebook by his brother, El Shamy insisted he was innocent of all charges. He remains defiant however, saying that “nothing will break my will or dignity.” On Thursday, his detention was extended for 45 days pending further investigations . His brother Mohamed El Shamy, a photojournalist, was arrested in Cairo on Tuesday while taking photos at a pro-Muslim Brotherhood protest. He was released a few hours later.
Al Jazeera Mubashir cameraman Mohamed Badr is also behind bars. He was arrested while covering clashes between Muslim Brotherhood supporters and security forces in July and has remained in custody since.
The case of the Al Jazeera journalists sends a chilling message to journalists that there is a high price to pay for giving the Muslim Brotherhood a voice. A journalist working for a private pro-government Arabic daily sarcastly told Index that there is only one side to the story in Egypt: the government line. Mosa’ab El Shamy, a photojournalist whose brother is one of the defendants in the Al Jazeera case posted an article this week on the website Buzzfeed, humorously titled: If you want to get arrested in Egypt, work as a journalist.
In truth though, the case is no laughing matter. National Public Radio’s Cairo Correspondent Leila Fadel said it shows just how far Egypt has backslid on the goals of the January 2011 uprising when pro-democracy protesters had demanded greater freedom of expression. Today, violations against press freedoms in Egypt are the worst in decades, according to the New York-based Committee for the Protection of Journalists. Sadly, it does not look like the situation for journalists in Egypt will improve anytime soon.
In the meantime the fate of the Al Jazeera journalists hangs in the balance.
This article was posted on 31 January 2014 at indexoncensorship.org