Russia: Blasphemy law has aided the growth of religious censorship

blasphemy_russia

Archangel on the roof of St. Isaac’s Cathedral, St.Petersburg, Russia. Credit: Akimov Igor / Shutterstock

Since the amended blasphemy law came into force in July 2013, Russian journalists have faced a growth of religious censorship. This is according to a new study by Zdravomyslie, a foundation that promotes secularism.

Insulting religious beliefs of citizens was previously regulated by the Code of Administrative Offences and punishable by a fine not exceeding 1 thousand roubles (around $15). But after the scandal of the punk-prayer of feminist group Pussy Riot, who were sentenced to two years in jail for a performance in the Moscow’s Cathedral of Christ the Saviour in 2012, the Russian parliament adopted amendments that criminalised blasphemy.

Since July 2013, “public actions, clearly defying the society and committed with the express purpose of insulting religious beliefs” has been declared a federal crime and is punishable by up to three years in jail.

Evgeniy Onegin, a Zdravomyslie researcher, said that the imprecise wording of the law and stricter punishments have affected media freedom and resulted in a growth of self-censorship among journalists. His report Limitation of Media Freedom as a Consequence of the Law About Protection of Feeling of Believers was presented at a conference in Moscow at the end of October.

Onegin interviewed 128 employees of dozens of media organizations, including a major national television channel, radio stations, newspapers and websites. The majority, 119, said that after the revised blasphemy law came into force, managers told them not to mention religions, religious problems, traditions and “different manifestations of unbelief”. Some media organisations even prohibited usage of words “God”, “Allah” and “atheist” in headlines.

A journalist at a sports news website told the researcher that censorship had extended to idioms. For example, headlines “Hulk has talent from God” (about a Brazilian forward playing for Zenit Saint Petersburg football club) and “God’s hand helped Maradona” (about the score of the Argentinian forward at the World Cup in Mexico in 1986) were corrected to exclude the word “God”. The second headline was corrected a long time after publication because editorial staff decided to check archived articles.

Media professionals involved in a production of entertaining content also faced censorship. For example, a respondent working for a sketch show told Onegin about a ban on jokes containing phrases like “God will forgive you” or “you are definitely descended from a monkey”.

However, exceptions to the general policy of avoiding religious issues were made for Orthodox Church, which was confirmed by over the half of all respondents. For example, a journalist working for a national television channel said that her colleagues were told not to show “non-traditional for Russia religious symbols and signs”. However, the term non-traditional was not specified, so journalists started to avoid showing any religious objects, except those associated with the Orthodox Christianity.

The authors of the report presented a list of the most undesirable topics, which according to the respondents are potentially violations of the law. First place went to protest actions against the Orthodox Church (according to 84% of respondents), the second was atheism and unbelief (49%) and third place was coverage of religious events (23%).

Journalists also gave Onegin examples of when they were told not to cover stories: cancellation of celebration of Labour Day because of a coincidence with the holy week of Orthodox Lent; cancellation of performances of the Cannibal Corpse rock group due protests by Orthodox activists; protests of Orthodox activists against Leviathan, a movie by Andrey Zvyagentsev; cancellation of an Lord of the Rings-related Eye of Sauron installation on a Moscow tower a critical comment by an Orthodox priest.

The researcher came to conclusion, that the new blasphemy law and political, social and cultural conditions formed around it “have had a serious impact on media organisations, limiting freedom of speech and indirectly turning them into an instrument of a dominating religious organisation – Russian Orthodox church” and prevent audience of Russian media from getting an objective picture of civil society.

However, pressure on the press in Russia comes from other religions too. In January 2015, tens of thousands people gathered at a rally against French magazine Charlie Hebdo’s cartoons of the Prophet Mohammad in Grozny, the capital of predominantly Muslim Chechnya region. Kremlin-backed Chechen leader Ramzan Kadyrov not only accused European journalists in “insulting feeling of believers”, but also threatened those in Russia who supported Charlie Hebdo, including editor-in-chief of Echo of Moscow radio station Alexey Venediktov and former oligarch and vocal Kremlin critic Mikhail Khodorkovsky.

Earlier, the Chechen prosecutor’s office opened one of the first cases under the article 148 of Criminal Code, the renewed blasphemy law. In April 2014, a user of Live Journal was accused of “negative comments, expressing clearly disrespect for society and containing insulting remarks against people practicing Islam”. It was one of a few blasphemy cases that were opened in 2013-2014. However, in 2015 the use of article 148 of Criminal Code has stopped being a rareness.

In February 2015, another citizen of Chechen Republic was accused of insulting feelings of believers by posting a video on social networks. Also in February, the Investigative Committee began an initial inquiry into Tangazer opera staged in Novosibirsk theatre. In March, the first blasphemy case was opened in Ural region. In April, a user of the largest European social network, the St Petersburg-based VKontakte, was accused of insulting feelings of believers in his comments. At the end of October, VKontakte MDK was blocked by a St Petersburg court decision because it contained content that “insult feelings of believers and other groups of citizens”.

The imprecise wordings of the law and a wide range of its possible interpretations has arisen concerns of human rights activists. The several online campaigns were started to collect signatures under a petition calling for a repeal of the blasphemy law, but all of them failed to gain more than two thousand signatures.

This is one of a series articles on Russia published today by Index on Censorship. To read about the difficulties faced by Russia’s regional media in the face of growing political power, click here.

Four parts of Sochi 2014 the Russians didn’t want their citizens to see

1. The fifth ring malfunction

(Image: Jaroslav Francisko/Demotix)

(Image: Jaroslav Francisko/Demotix)

The lighting rig which proudly illuminated one less Olympic ring than it should have caused considerable embarrassment for the Russian organisers of the opening ceremony, as Sochi 2014 opened its gates to the athletes. Known as the “stubborn snowflake” Russian viewers at home were greeted with footage from the Opening Ceremony rehearsal, so they were none the wiser. The Russians later showed their funny side by  only featuring four rings in the Closing Ceremony performance.

2. Pussy Riot getting whipped in the face

(Image: Sky News/YouTube)

(Image: Sky News/YouTube)

While pre-emptive arrests meant many activists were unable to protest at all, five members of the punk group Pussy Riot and their cameraman were attacked by Cossack security patrols as they performed under a sign advertising the Winter Olympics.

Footage showed Cossack security staff whipping band members, pulling off their ski masks, and throwing them to the ground.

Russian deputy prime minister Dmitry Kozak dismissed the attacks: “The girls came here specifically to provoke this conflict,” he explained. “They had been searching for it for some time and finally they had this conflict with local inhabitants.”

While the international media covered the face-whipping incident in fairly minute detail, Russian press clippings about the arrest are hard to come by. Pussy Riot’s previous stunt in Moscow’s main cathedral, which landed them with a jail sentences and heavy fines, have already been scrubbed from the internet.

3. Justin Kripps’ website

(Image: @justinkripps/Twitter)

(Image: @justinkripps/Twitter)

Russian fans hoping to keep updated by the Canadian bobsleigher’s website were disappointed, as Russian censorship authorities blocked access to it. It’s still unclear why, but it may be linked to a risque photo Kripps tweeted a month prior to the Games. The snap featured his burly four-man bobsled team in their underwear at a weigh in. The photo went viral,  in particular within the gay community.

4. Almost every story about corruption, gay-bashing, forcible evictions and the environment

(Image: Heather Blockey/Demotix)

(Image: Heather Blockey/Demotix)

While the run-up to Sochi might have been dominated by negative stories in the Western media, with tales of  homophobia,  corruption and environmental destruction, local journalists had to be a lot more cautious when reporting the “true” face of Sochi. Strict surveillance measures were imposed on all journalists’ emails, social media and internet use – to keep any negative stories from breaking.

“It seems to me that some of these surveillance measures were conscientiously made public … to send a message,” commented investigative journalist and security services expert Andrei Soldatov while at the Games.

Self-censorship, he says, has become a “big problem” among local reporters and investigative journalists – who often felt scared to report on the wider political context of Putin’s games. “There are some fears that Sochi was a test ground … these kind of measures may be made commonplace in other parts of Russia,” he added.

BONUS: And…Russians accuse US of censorship and malicious media bias

(Image: Screenshot/Billboard)

(Image: Screenshot)

Censorship during NBC’s coverage of the Opening Ceremony included missing out a live performance by girlband t.A.T.u, omitting a Russian police choir performing Daft Punk’s “Get Lucky,” deleting Communist-themed vignettes, and failing to air a congratulatory speech by IOC chief Thomas Bach, praising the Russians. Russian media whooped with glee when the hashtag #NBCFail started trending on Twitter in response to the censorship.

American magazine The Nation published  a rare honest analysis of the American media’s vitriol against Russia, noting that even before the Games began, the Washington Times had written off the venues as a “Soviet-style dystopia” and warned in a headline, “TERRORISM AND TENSION, NOT SPORTS AND JOY.”

Provocative BuzzFeed headlines like “Photographic Proof That Sochi Is A Godforsaken Hellscape Right Now” and the Twitter account @SochiProblems, provoked outrage in Russia. One Russian netizen took such offence with @SochiProblems that he travelled to London and created his own photo tour of the city “in Sochi style”. “The Other Side of London, where the guided tours don’t go” is a depressing trip through some of London’s worst outer districts. The results (translated from Russian) make for sombre viewing, tinged with humour.

The infamous double toilet in Sochi also has a doppelganger in London, as one Russian Instagram user, living in the capital, proved. The side-by-side facilities, identical to the toilets which athletes had endlessly mocked in the Olympic village, were installed in a typical upmarket hipster cocktail bar.

This article was posted on 25 February 2014 at indexoncensorship.org

Religion rules in Russia

Pussy Riot supporters prevented from praying for Putin's resignation. (Image: Anton Belitskiy / Demotix)

Pussy Riot supporters prevented from praying for Putin’s resignation outside the Cathedral of Christ the Saviour in Moscow    (Image: Anton Belitskiy / Demotix)

Two issues preoccupying post- Soviet society are a wish to oppose outside influences (mainly from the West), and to resist aggressive behaviour in matters of religion. It is not difficult to point out inconsistencies and contradictions in these approaches, but more germane is the fact that both have survived, if in modified form, to the present day. When the possibility of further restrictions on freedom of conscience are being discussed, a key topic is invariably the need to protect society from the “expansionism” of new religious movements and radical Islam.

The arrests of members of the Pussy Riot punk band after their performance outside Moscow’s Cathedral of Christ the Saviour proved a powerful catalyst for both these concerns. The protest was seen as a frontal attack on “tradition” by “pro-Western forces” (the actual point Pussy Riot wanted to make was neither here nor there), and as an attack on the religious sensibilities of the “Orthodox majority”. The reaction was accordingly heavy-handed, including not only imprisonment of two members of the group, but also the passing of a law criminalising the “offending of believers’ religious sensibilities”, often referred to as the “blasphemy” law.

The legislative proposal was introduced in September 2012 and became law in August 2013 but has not yet been enforced anywhere. There may be at least two reasons for this. First, many laws that are aimed at NGOs, protesters or what is seen as the “opposition” have either been applied much less rigorously than expected or not at all. The authorities have chosen not to resort to wholesale repression, preferring intimidation. Second, the Russian state and its political elite are still very secular and feel uncomfortable about what is widely regarded as a law against blasphemy.

Strictly speaking, this is not a law against blasphemy, unlike, for example, similar legislation in Italy. The offence is not against religious doctrine, the deity, or things considered holy. Desecration of sacred objects is an offence not under the Russian Criminal Code, but under the code of administrative offences, which means it is seen as less serious. Offending religious sensibilities or beliefs is a crime in the penal codes of several European countries, but the European Court of Human Rights (and, following it, the Parliamentary Assembly of the Council of Europe) has consistently confirmed that a distinction needs to be made between offending sensibilities and inciting hatred.

In Russia today there are still attempts to bring charges of incitement to hatred under Article 282 of the criminal code in incidents that the law enforcement agencies, victims or others might reasonably have been expected to regard as mere offences against religious sensibilities. In a few cases, charges have been brought and, in fewer still, these charges have led to convictions. From interviews with law enforcement officers and representatives of various religious organisations, it is evident that numerous individuals and organisations that feel they have been offended on religious grounds appeal to the police and prosecutor’s office to institute criminal proceedings under Article 282. These requests are almost invariably turned down, and this is not a matter of officials taking sides: they are simply reluctant to institute proceedings on a shaky legal basis, except when that is in their own self-interest. They will do so if there is pressure on them from above, or if they face a pressing need to meet some target.

The addition of this new article to the criminal code, if it is not repealed, will lead sooner or later to its being enforced, and the main source of litigation will be complaints from numerous indignant parties. Demands for charges to be brought rained down upon the prosecutor’s office and police even before the amendments became law. It is important to recognise that the problem is not only repressive intentions on the part of the authorities, but also the repressive instincts of Russian citizens. Representatives of a wide range of community interest groups (though, thankfully, by no means all), including a number of minorities, constantly demand that criminal prosecution be the main way to influence those who cause them offence.

If the system does start enforcing this law, freedom of conscience will come under immense new pressure because of the likelihood of the sheer volume of litigation. Enforcement is likely to be highly selective, because a law of this kind can only be applied selectively. It will be manifestly discriminatory, in accordance with some individuals’ personal preferences and depending on the government’s latest priorities. Finally, it will be completely chaotic, because complaints will come in from all directions and there is nobody remotely qualified to assess their merits.

We can hope, of course, that the new article may yet be removed from the criminal code, but the chances of that are slim. The fact that it is there in the first place results from a consistent trend towards restricting freedom of expression in matters of religion, justified on the basis of the need to maintain “religious peace”. There are two main aspects to this laudable aim, and they enjoy widespread support. The first is safeguarding national security against the preaching of terrorism motivated by religion. The second is to safeguard national security against internal, particularly ethnic, conflicts, which are seen as often being fuelled by religion.

These two security aspects were major reasons for the introduction, in 2002-2007, of the current legislation to counteract “extremism”. This legislation is used extensively against violent racist groups, but also against sundry ideological minorities, which by no means espouse violence or pose a serious, or indeed any, threat to national security.

Abuse of this legislation is made possible by its imprecise wording, which we also find in respect to the new law to protect religious sensibilities. This inevitably leads to arbitrary application and, specifically, to exploitation for political purposes. There have been numerous instances of this, but let us focus on just three. Among the first major “anti-extremist” trials associated with religion were those targeting contemporary art exhibitions at the Andrey Sakharov Museum, which presaged the Pussy Riot case. Also, in 2011, a journalist was convicted for making rude remarks about believers in general, and the clergy in particular, even though his was not by any means a high profile protest and could not be represented as involving incitement to hatred against any group. Lastly, over several years there has been a serious campaign of criminal prosecution against people who read or distribute the works of a Sufi teacher, the late Said Nursi, even though neither he nor his Russian followers have links to terrorism, or engage in conduct which might constitute a threat to society.

In the case of the Sakharov museum exhibitions, the general public could at least understand more clearly what was going on. Some might consider the exhibition a profound artistic meditation on relations between the church and society; others might see the exhibits as an amusing send-up of the church and/or orthodoxy; some might consider it a send-up in bad taste or even an attack on the church, but within acceptable limits of freedom of expression; others, however, were determined to prove that the exhibition was a criminal incitement to hatred of orthodoxy and Orthodox Christians.

In the case of the persecution of followers of Said Nursi, the general public know nothing about the subject and must either just believe or disbelieve what they are told by the security services, believe or disbelieve what is said by Muslim leaders defending those being persecuted, or simply turn and look the other way. Most people choose the last option, including a majority of journalists,which means a majority of citizens, even those who take an interest in social matters, know nothing about these prosecutions.

Our citizens’ understanding of the issues around freedom of conscience is fragmentary. Most are far more concerned about conflicts over the balance between the slow-but-sure process of de-secularisation and the constitutionally guaranteed secular nature of the state. There are controversies over the presence of religion in schools, about the erection of Orthodox churches and mosques (although in the case of mosques the main cause of dissension is racism), and about various symbols of the cosy relationship between church and state. The real-life problems facing religious groups and, more generally, people expressing an opinion about religion, get forgotten.

These problems are legion. The most acute in recent years have arisen from improper application of anti-extremism legislation, but there are also the more “ordinary” problems, like refusals to release building land for places of worship and systematic campaigns of defamation. In a number of cases, like that of the Jehovah’s Witnesses, all these problems come together.

The Federal List of Extremist Materials has, however, excited the public’s interest by its scale and, even by Russian standards, sheer absurdity. The list can be found on the website of the Ministry of Justice and itemises materials banned from mass circulation. The ban is imposed by courts at the insistence of local prosecutors, who must satisfy the court that the material contains elements that can be construed as constituting “extremist activity”. This is usually incitement to hatred of some sort, impugning the dignity of a group, asserting the superiority or inferiority of a particular religion, and so forth. The whole process is quite  remarkably ineffective and does not stand up to scrutiny. Most of the materials the list is seeking to ban cannot be identified from the titles given and, no less problematically, banning them does not in strictly legal terms mean they cannot be re-published, because a new court case would be needed to re-establish the identity of the materials.

A great many of the banned books, websites, videos and material involves religion in one way or another. Many are jihadist texts openly calling for terrorism or other forms of violence, but many have nothing prejudicial in them: perhaps at most a claim of the superiority of one set of beliefs over others, to which texts of Jehovah’s Witnesses are prone. There are works by Muslim authors well known for their contribution to jihadist ideology, but on topics that are of no concern to national security (most commonly, on aspects of Sharia law). Finally, a number of texts have found their way on to the list purely by chance, having been confiscated from some “wrong-thinking” individual. This explains the presence of medieval treatises by the likes of the Persian mystic al Ghazali. In 2013 there was even a ban imposed on one of the most popular translations of the Quran.

The absurdity of such methods of “fighting extremism” has obliged even President Putin, at a recent meeting with muftis in Ufa in Bashkortostan, to acknowledge that there are problems with the current approach to banning religious materials. Alas, there is no sign of willingness to review the methods of fighting extremism more generally, or those aspects of them that most blatantly violate freedom of conscience.

 Translated by Arch Tait

This article appears in the Winter 2013 issue of Index on Censorship magazine

 

Is this America’s own Pussy Riot trial?

On a Saturday afternoon in June, a group of activists walked into a bank in Manhattan, New York, and staged a peaceful protest performance. The Church of Stop Shopping, led by Reverend Billy, were protesting at JP Chase Morgan and other banks’ investment in fossil fuel projects, which they say is unethical in the face of climate change.

Bill Talen, 63, the man behind Reverend Bill and the Church of Stop Shopping, has been staging this kind of action for a while. I interviewed him for New Humanist magazine in 2004, after a protest at a Starbuck’s in Camden, North London.

But now Bill and his colleague Nehemiah Luckett are facing charges of riot in the second degree and menacing in the third degree, for their JP Chase Morgan protest. The pair could end with one year in jail. For a peaceful protest. They are due to appear in court on 9 December.

It’s hard not to think of the fate of Russia’s Pussy Riot when writing about Reverend Billy. Both Pussy Riot and the Stop Shopping Choir have used similar tactics, staging peaceful performance protests right in what they would see as the belly of the beast. And both have been subjected to very harsh charges. Earlier this year, members of Pussy Riot told me they “had not planned for the extreme reaction from the authorities,” after they staged their “Punk Prayer” in Moscow’s Christ The Saviour Cathedral. Similarly, Reverend Billy, while accepting that arrest is an occupational hazard for a protester, has been surprised by the riot charge and the potential sentence. The difference is, of course, that we don’t expect this kind of thing to happen in the US.

This week I asked Billy about the protest, and his upcoming court case.

Bill Talen 1
Index on Censorship: Can you tell us what happened at JP Morgan Chase?
Reverend Billy
: We interrupted the very wealthy of upper Manhattan in their “wealth management” sessions.   The sea of white people at walnut desks looked up to confront large flaming frogs leaping on their desks, handing out information about the impact of their fossil fuel investments.  An Elvis impersonator narrated the event while the “Golden Toads” – an animal forced into extinction 30 years ago by climate change – harmonised and hopped.  Under the toad costumes was the singing group called “The Stop Shopping Choir”.

Bill Talen 3

IoC:What were you protesting about?
RB:
Banks and big hedge funds are busy investing in fossil fuel projects around the world, making high profits, at precisely the point that the natural scientists – as in the 5th IPCC report from the United Nations – are telling us that all we can do to save ourselves and the planet as we recognize it today is to immediately stop gas, oil and coal.

IoC: Were you surprised to be arrested? Or is it just something you see as a risk of the job?
RB:
Although I’ve been arrested many times, like most activists – you’re always surprised.

IoC: You’re potentially facing a year in jail. Have you ever had charges this harsh before?
RB:
No – the most time I’ve served was three days in the Los Angeles County Jail.  Usually I have the overnight stay.

IoC: Why do you think this has happened now, after years of activism? Just a quirk of the prosecutor? Something else?
RB: 
Stopping the business of the very rich is altogether different kettle of fish from our usual “nonviolent dramatic action” – which is often in parks, lobbies, between cars in traffic jams, on the Staten Island Ferry, etc.

Bill Talen 2

IoC: How do you intend to fight the charge?
RB:
The “Necessity Defense” – which means that if someone is drawing a gun on us to kill us, we have the right to grab them and disarms them. I have the right to commit a minor crime to prevent a great crime that no other presiding authority can prevent.  No presiding authority is dealing with climate change.  Governments in the West and China – are committed to their deadly gradualism, controlled by fossil cartels.

IoC: How do you think this charge squares with your first amendment rights?
RB:
The First Amendment has been under systematic attack in New York City for 20 years, under the leadership of Rudolf Giuliani and Mike Bloomberg, their police and courts. The right to express in public space is besieged by permits and police, and overwhelmed by corporate expression – advertising in myriad forms, from the glowing gadget in the hand to the 80 foot tall Kate Moss looking at me like we just made love.  We must reclaim freedom of expression, and we believe that this resurrection of extinct Golden Toads is the right drama.  Earthalujah!

Click here to sign a petition in support of Reverend Billy