Index Index – International free speech round up 14/02/13

A Bahraini teenager has been killed by security forces today (14 February) during demonstrations to mark the second anniversary of the Bahrain revolution. Al Jazeeera reported the 16-year-old boy’s name as Ali Ahmed Ibrahim al-Jazeeri. He allegedly died from internationally banned exploding bullets after Bahraini authorities opened fire on the mounting crowds in Al DAih, near the capital Manama. The interior ministry announced a death on its Twitter this morning, but didn’t disclose any further details.

bahrain14feb bilad - Demotix

  — A child painted with the national colours of Bahrain during the uprisings second anniversary protests, in which a teenager was killed

Evidence given by Jeremy Paxman and a senior BBC official to the BBC internal inquiry into its handling of the Jimmy Savile affair will be removed from public transcripts detailing the investigations evidence. Lawyers examining the soon to be published transcripts said that evidence from the Newsnight presenter and global news director Peter Horrocks was potentially defamatory, and was particularly critical of how BBC management handled the criticism arising from the Savile scandal in Autumn last year. The findings of the inquiry, overseen by former head of Sky News Nick Pollard, were published by the BBC in December. The report examined the corporation’s handling of Newsnight’s dropped investigation into the case in 2011, and its later response after Savile was allegedly outed as a paedophile in October 2012. At the time the transcript was produced, those giving evidence reportedly didn’t know the report was to be made public. Overall, less than 10 per cent of the Pollard review transcripts will be redacted before publication.

A powerful new firewall used to censor online activity could be established in Pakistan within the next month. The Pakistani government has allegedly been working with the same technology companies that helped Iran, China and Libya curb online dissent, to allow authorities to block pornographic or blasphemous online content. Pakistan’s interior minister Rehman Malik confirmed the reports on Twitter, saying The Pakistan Telecommunication Authority (PTA) were in their final negotiations for obtaining the software. The PTA originally tried to introduce a similar $10million measure in 2012, which was quashed after being met with fierce public opposition. Whilst Pakistan claims to use the firewall to protect the country’s internet users from blasphemous and pornographic content, it has already blocked a number of unrelated sites, such as the US-based Buzzfeed.

An NHS whistleblower under investigation for high mortality rates has voiced concerns over patient safety despite a legal gag preventing him from speaking out. Gary Walker warned civil servants that he had been given the same choices that had resulted in the Mid Staffordshire NHS Foundation Trust scandal. He was fired from his job as chief executive of United Lincolnshire Hospitals Trust in 2010 for gross professional misconduct, allegedly because he swore during a meeting. Walker claims he was fired for refusing to meet Whitehall targets for non-emergency patients and then gagged as part of a reported £500,000 settlement emerging from an unfair work dismissal tribunal. He said he was instructed by the East Midlands Strategic Health Authority to meet the 18-week non-emergency target “whatever the demand” and was told to resign when he refused to do so. East Midlands Strategic Health Authority refuted the claims. The Francis report published last week recommended that gagging orders on NHS staff be lifted, orders which Walker said were due to a “culture of fear” within the service. His case has been raised in the commons.

The Israeli government has admitted that “Prisoner X”, the mystery detainee who later committed suicide in solitary confinement, was in fact a spy for Israel. Ben Zygier, as he is now known from reports, was part of Israel’s external intelligence forces known as the Mossad and was arrested in 2010 for charges which still remain unspecified, though they were revealed to be serious. The detention of Australian-Israeli Zygier was reportedly enshrouded in such secrecy that even the prison guards didn’t know his true identity or alleged offence. The information was revealed after a gagging order which forbade the media in Israel from reporting on the case was partially lifted by the Israeli government on 13 February.

Index Index – International free speech round up 13/02/13

YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled ”Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.

Faisal Khan - Demotix

An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru

A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.

Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.

In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.

Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.

Index Index – International free speech round up 13/02/13

YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled “Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.

Faisal Khan - Demotix

An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru

A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.

Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.

In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.

Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.

Israel’s “Prisoner X” case and the creep of military censorship

OPINION: In June 2010, Israel’s Ynet website reported on the detention, and then six months later on the death, of unknown detainee “Prisoner X” in solitary confinement.

A gag order issued by an Israeli court soon after put an end to any reporting on the case, or even reporting of the order itself. “Prisoner X” became a byword in the Israeli media for yet one more of the kind of security-related stories that no-one quite knows the truth of, and probably never will.

Nothing more was heard until this week, when an Australian TV documentary claimed that the man in question was one Ben Zygier, a 34-year-old father-of-two and an Australian citizen who had moved to Israel a decade earlier.

Zygier, who called himself Ben Alon in Israel, was apparently held in the cell — built to hold Yigal Amir, the assassin of Israeli prime minister Yitzhak Rabin — for a number of months before he was found hanged, and his body flown to Melbourne a week later. His father Geoffrey, a grandee of the Jewish community there, has refused to speak to the media regarding his son.

Military censorship and wide-reaching gag orders are a fact of life for Israeli journalists. But this gag order was absolute. Articles which appeared on a number of Israeli websites yesterday noting the Australian programme were soon removed.

Even more extraordinary was the meeting called that afternoon by the Prime Minister’s office convening the so-called “Editors’ Committee”, a grouping set up in the early years of the state through which senior media figures could be briefed on secret information if they agreed to not publish it.

Historically this was a sort of gentleman’s agreement between the hacks and the establishment, who in the nascent days of Israel were understood to be more or less on the same side. Now, the annual meeting between the PM and the Editors’ Committee has become largely a matter of show, open to the scrutiny of other journalists. Self-censorship is managed more obliquely.

The Prisoner X situation was so extraordinary that a number of MKs used parliamentary privilege yesterday to ask the outgoing Justice Minister, Yaakov Ne’eman about the Australian reports.  Zahava Gal-On, head of the left-wing Meretz faction pouring scorn on the implied complicity of the Israeli media.

“I want to hear your stance on the fact that journalists volunteer to censor information at the government’s request,” she said. “Is it proper that the Prime Minister’s Office invited the Editors’ Committee to prevent news from being publicised? Today, we hear that in a country that claims to be a civilized democracy, journalists cooperate with the government, and that anonymous prisoners, who no one knew existed, commit suicide.”

The gag order has now been softened, perhaps due to the MKs’ questions,  and Israeli media are now reporting on the Australian story. But it’s the press rather than politicians who should be charged with exposing this kind of event.

There is an argument to be made that there is a need for some level of censorship to protect national security. But the censors need to choose their battles.

It’s stupid and self-destructive to try and suppress a story after it appears on a foreign media outlet. The suppression will inevitably serves to draw additional attention to the story.

The danger is that security becomes its own justification for censorship with a creeping reach.

Daniella Peled is editor at the Institute of War and Peace Reporting and writes widely on the Middle East