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The European Court of Human Rights have today ruled in favour of an Italian journalist sued for defamation, citing Article 10 of the European Convention on Human Rights which protects the right to freedom of expression.
Maurizio Belpietro was convicted in Italy on defamation charges for a story published in national newspaper Quotidiano Nazionale in 2004, when he was paper’s director. The story, penned by an Italian senator, accused Italian judges and prosecutors ‘of using political strategies in their fight against the Mafia.’
Two prosecutors sued both Belpietro and the senator in question, arguing the article was defamatory. The latter was acquitted on the basis that he had written the article in his role as a senator. Belpietro, while also initially acquitted, was in 2009 given a suspended 4-month jail sentence, as well as being ordered to pay substantial sums to the plaintiffs. His appeal was dismissed in 2010.
Belpietro took the case to the European Court of Human Rights, which today ruled that the conviction was in violation of Article 10. He was awarded €10,000 in non-pecuniary damage and €5,000 for costs and expenses.
Jacob Zuma (Photo: Jordi Matas / Demotix)
South Africa’s ruling African National Congress (ANC) has changed tack in its campaign to curtail the media. In a turn to what could be called “censorship lite”, the iron fist of state security intervention is being augmented by the velvet glove of calls for “patriotic” journalism.
After President Jacob Zuma’s ascendancy to the highest position in the ANC in 2007, various attacks have been launched on the private and public media. While factional battles for political control were being fought at the public broadcaster, an investigative journalist was illegally arrested after exposing corruption involving the newly appointed police commissioner. Despite concerted resistance across the social spectrum, the Protection of State Information Bill (dubbed the “Secrecy Bill”) was adopted, which will all but stop whistle blowing and investigate journalism into state corruption. And a media appeals tribunal has been mooted that could mete out punishments ranging from fines to jail time to media houses and individual journalists who offend politicians. While Zuma has referred the Secrecy Bill back to parliament for minor adjustments before signing it into law, the establishment of the tribunal is due to be considered by the country’s parliament, as per a policy decision of the ANC.
In recent times, individuals known to be close to Zuma and the ANC have gained greater influence in the media. This development seems to have precipitated a new softly-softly approach of edging the private media towards news reporting that is more amenable to dominant political interests. Zuma recently made a call for “patriotic journalism” which dovetails with a number of other initiatives by his allies in the media. The public broadcaster and two private media companies have all vowed to shift the media away from reporting on the “opposite of the positive”, as Zuma put it.
Zuma’s call was made in an off-the-cuff address at parliament. He told journalism students that, “When I go out, people envy South Africans, they wish they were South Africans because they say we are doing so well, we are succeeding… they love it. But when I am in South Africa, every morning you feel like you must leave this country because the reporting concentrates on the opposite of the positive.”
He asked the students: “Who do you think in reality you serve when reporting: the interest of the public that you claim, as the media you stand for, or the interest of the owners and managers of the paper? What is it that you think is happening, particularly in a country that is supposed to be an example with vibrant democracy, transparency, high morals, everything. How do we handle this?” Zuma expressed the hope that the South African media would learn from Mexico’s “patriotic journalism” which avoids reporting on crime and rather “markets” the country to foreigners.
His utterances follow a call by the acting chief operating officer of the South African Broadcasting Corporation (SABC), Hlaudi Motsoeneng, that 70% of the public broadcaster’s news reports should be positive. He told the Mail and Guardian that, “we want to concentrate more on positive stories, rather than to put everything in a negative way. Before you become a manager at the SABC, you first have to be a citizen of this country. You should love this country… The message I put out very strongly at the SABC is to think about the positive when people go out and do stories. The difference is our own citizens are tired of crime and tired of people talking about negative things.” Motsoeneng is a known Zuma acolyte who has controversially held onto his post after being dismissed by the previous SABC board.
Meanwhile, businessman Iqbal Survé, who enjoys close ties with the ANC, became the new owner of Independent News & Media, which comprises the largest collection of English-language daily and weekly newspaper titles in the country. He explained part of the rationale for the purchase as being: “We felt the media was not representing the positive aspects of South Africa. What we are reading about is not what we see in South Africa.”
During this same period, Indian business associates and friends of the Zuma family launched ANN7, a new satellite news service. The Gupta family recently provoked outrage for using a military air base near South Africa’s capital Pretoria to fly in guests from India for a private wedding function. The former head of government communications, Jimmy Manyi, hosts a talk show on the channel. Manyi is no stranger to controversy, having spearheaded attacks against the media during his time as government spokesperson, such as using state advertising spending to put pressure on media outlets. In an interview about his new job as talk show host, he declared South Africans to be tired of negative press and that ANN7 will provide an alternative.
ANN7’s broadcasts have been riddled with more than the usual share of start-up problems, leading to much ridicule. The company also had to withdraw a billboard advertisement describing competitors as “old farts”, after a complaint from the South African Older Persons Forum. Postings of “ANN7 bloopers” on YouTube led to a copyright complaint from ANN7 and the removal of the clips, but they can still be viewed elsewhere.
The mirth that greeted ANN7 was also evident in responses to Zuma’s call, both in articles and tweets. More serious critiques included an article from Media Monitoring Africa, while others pointed out that Mexico has one of the worst press freedom records in the world.
Thus far, velvet glove of censorship lite has not succeeded in massaging the established private media into a more “patriotic” stance. This may change when the iron fist of criminalisation of critical journalism finally comes crashing down.
This article was originally posted on 23 Sept 2013 at indexoncensorship.org
Three Sudanese columnists were prevented from writing by the National intelligence Security Services (NISS) after they condemned the Muslim Brotherhood in Egypt. Journalists Salah Awooda, Zuhair Elsrag and Rishan Oshi were banned from writing for between five to fifteen days during August after criticizing the Islamist group. This is part of a growing trend in Sudan for opinion columnists to be targeted by Government censorship, rather than newspapers.
Awooda, who works for the pro-government newspaper Alkir Lahza, was removed from his desk after he suggested that the Sudanese government’s criticism of the Egyptian military was hypocritical, as they also came to power via a military coup.
“They have suspended me because I condemned their contradictions about Egyptian events and claimed that they have acted as if they are democratic people,” Awooda says.
He also pointed out that the Sudanese government and its allied Islamists groups have organised demonstrations in front of the Egyptian embassy in Khartoum protesting against military action against the Brotherhood. Moreover, the official Sudanese media and others aligned with the Government have waged a campaign against the military intervening in politics in Egypt.
“I’m just surprised how they talk about legitimacy and democracy in Egypt,” he added, “while they undertook a military coup against the democratically elected government in Sudan in 1989 and they didn’t apologise to the Sudanese people for what they did. This is double standards”.
Awooda has been suspended on three occasions over the last two months, without any legal basis, following telephone calls by NISS agents to his editor-in-chief. The columnist was barred from writing for a month, and then for a further two days, after he criticized Government censorship. He was then detained for 15 more days without any apparent cause. In 2010, Awooda’s appointment as editor-in-chief of independent daily newspaper Aljareeda was blocked despite his considerable experience as editor-in-chief of three newspapers.
“They have stopped me three times since last July without giving any official reasons” he says. “They just suspend writers according to their mood without any legal basis in NISS regulations or the current constitution.”
Sudanese journalists have been engaged in a long running battle with the government over press freedom. 15 independent and anti-government newspapers have been closed in recent years. Since 2011, about 15 columnists have been prevented from working by NISS, though some have been allowed to return to their jobs after being suspended. Five have gone on to write for web publications but now the government is preparing a new law on electronic media which may lead to further harassment. In September 2009 the Sudanese Constitutional Court in Sudan rejected an appeal brought by a group of journalists, writers and columnists against newspaper censorship by NISS.
In a report on freedom of speech published in May by the organisation Journalists for Human Rights (JHR), the Sudanese government is accused of continuing to restrain press freedoms. It noted that the Sudanese government, via the NISS, has started to put pressure on individual columnists leading to their suspension, rather than targeting newspapers as they used to.
“There are many reasons for this,” says Faisal Mohamed Salih, a Khartoum columnist and winner of the Peter Mackler Award for ethical journalism. “For a long time the NISS restrained the news and other types of journalism as they controlled the newspapers but they moved their attention to the columnists because they have become stars. Readers prefer to get their information in opinion columns instead of the news stories.
“The NISS has succeeded in controlling newspapers but they couldn’t do it with the columnists because they are not employees of the newspapers, unlike the journalists, and can publish information that journalists couldn’t do” Faisal adds.
Yassin Hassan Bashir, another columnist who has been stopped from writing, thinks that the columns are an easier target for NISS censors compared to essays and investigative stories, simply as they are quicker to read.
“Because they are shorter than other type of journalism,” Bashir says, “they can read them more easily. You sometimes find the same opinions in longer, more difficult investigative stories, but they ignore it. They are not aware enough to evaluate the longer or more complex articles or they are too lazy to read them all”.
Aldooma argues that while government censors still target newspapers, they do so less than in the past. As the nature of journalism in Sudan changes to more opinion journalism than news and investigative journalism columnists will be increasingly targeted.
The media’s infatuation with a single narrative is drowning out the country’s diversity, giving way to sensationalist reporting and “paid for” news. But, says Bharat Bhushan, moves towards regulation could have a chilling effect too (more…)