Free speech in India? Not in 2012

From journalists murdered for chasing stories of illegal mining to exploding packages delivered to newspaper offices, India battled with a range of free expression and censorship issues in 2012, a report released this week by media watchdog The Hoot shows.

Harassment in the form of stone-throwing, physical assault and even bullets was meted out to journalists exposing the underbelly of India, especially when reporting on cases of deep corruption by politicians.

The arts also saw censorship in the form of cancelled shows due to objections of themes such as homosexuality, and the much-publicised cancelled visit of Salman Rushdie to the Jaipur Literary Festival due to “security concerns”.

Section 66A of the IT Act 2000 also made headlines when ordinary citizens were arrested for criticising politicians on social media platforms, leading to massive public outrage.

Read the full report here

 

More on this story:

Salil Tripathi on why India must choose to defend free speech

India’s tussle with internet freedom

The threat of colonial-era sedition laws

Social media grows across the Gulf

The Gulf monarchies have, in recent years, invested considerable resources and efforts in finding ways to censor interactions between their citizens, and between their citizens and other parties. As such, each new communications technology that has become available in the region has either been sponsored by the state, for example, the state-backed newspapers, radio stations, and television stations; or it has been blocked, such as unpalatable foreign newspapers, unwanted foreign radio and television signals, satellite broadcasts and foreign books.

A case can even be made that the internet itself — predicted by many to lead to sweeping changes in such tightly controlled societies — was also successfully co-opted by the Gulf monarchies, at least in the early days.  The blocking of offensive websites, including blogs critical of the regimes, has occurred, while many other basic internet communications methods such as email or messenger software can either be blocked or — more usefully — monitored by the state so as to provide information and details on opponents and opposition movements.

Moreover, some Gulf monarchies have actively exploited internet communications, arguably having done so much better than most governments in developed states, with an array of e-government web services having been launched, most of which allow citizens to feel more closely connected to government departments and helping to echo the earlier era of direct, personal relations between the rulers and ruled.

Meanwhile, the rulers themselves have often established presences online, and their self-glorifying websites usually also feature discussion forums to facilitate interaction between themselves (or rather their employees) and the general public. Many other lesser ruling family members, ministers, police chiefs, and other establishment figures in the region have also set up interactive Twitter feeds and Facebook fan sites for the same purposes, and some of these are now ‘followed’ by thousands of citizens and other well-wishers.

Unsurprisingly, all six Gulf states have slipped further down Reporters Without Borders’ latest World Press Freedom Index. In 2012, the highest ranked Gulf monarchy was Kuwait — in 78th position — with the UAE, Qatar, and Oman ranked firmly below dozens of African dictatorships, and Saudi Arabia and Bahrain ranking among the very worst countries in the world. Although superficially successful in the short term in limiting opposition voices, the various censorship strategies employed have been leading to heightened fears and widespread criticism and condemnation of the regimes responsible, not only from the international community, but also from resident national and expatriate populations, and most especially in the wake of the region’s “Arab Spring” revolutions.

Nevertheless, the seemingly unstoppable wave of new, participatory and user-centred Web 2.0 internet technologies — from social media sites such as Facebook and Twitter to video-sharing site YouTube — seem to be finally having the expected impact on the region’s population and its political consciousness. While these and other Web 2.0 applications can still be blocked in their entirety by cautious regimes, this is now unlikely to happen in the Gulf monarchies, as the inevitable outcry from the large numbers of users would be difficult or perhaps impossible to appease.

Inevitably these applications are being increasingly used to host discussions, videos, pictures, cartoons, and newsfeeds that criticise ruling families, highlight corruption in governments, and emphasise the need for significant political reform and increasingly even revolution in the Gulf.  Leading opposition figures are now attracting as many followers on these applications as members of ruling families. While there have been some attempts by regimes to counter-attack against this cyber opposition, often by deploying fake social media profiles so as to threaten genuine users, or by establishing so-called “honey pot” websites to lure in activists and help reveal their identity, for the most part the applications are effectively bypassing censorship controls and the mechanisms used to control earlier modernising forces.

As such they are facilitating an unprecedented set of horizontal connections forming between Gulf nationals and between Gulf nationals and outside parties — connections which are crucially now beyond the jurisdiction or interference of the ruling families and their security services.

Christopher Davidson is the author of Dubai: The Vulnerability of Success

 

Social media guidelines: Nice start, but still a long way to go

Keir Starmer’s social media interim guidelines appear sensible enough, which is more than can be said for the controversial cases that led to the Director of Public Prosecutions’ consultation.

Index took part in that consultation back in October. I wrote at the time Starmer was adamant that the ruling in the Paul Chambers appeal (which overturned his 2010 conviction for jokingly tweeting that he would blow an airport “sky high”) was not to be seen as any sort of precedent. Yet in the guidelines published today, Starmer cites the two passages in that ruling that seemed to provide most protection for free speech, which noted:

…a message which does not create fear or apprehension in those to whom it is communicated, or may reasonably be expected to see it, falls outside [section 127(i)(a) of the Communications Act 2003], for the simple reason that the message lacks menace.

And:

Satirical, or iconoclastic, or rude comment, the expression of unpopular or unfashionable opinion about serious or trivial matters, banter or humour, even if distasteful to some or painful to those subjected to it should and no doubt will continue at their customary level, quite undiminished by [section 127].

So it would seem there’s been a slight change of mind, which is entirely reasonable and welcome (though on Twitter Chambers’ partner Sarah Tonner seems a little annoyed by this apparent switch).

Apart from that, what else have we got to discuss in these interim guidelines? Well, there’s a slight shift away from the use of the controversial section 127 of the Communications Act. At the consultation I attended, the various representatives, from diverse groups including anti-bullying and anti-harassment bodies, were keen to stress that section 127 was not appropriate for social media, and that it would be better to focus on patterns of harassment, abuse etc, and prosecute, if necessary, under anti-harassment laws such as the Protection from Harassment Act 1997. This is welcome – too often we focus on the medium rather than the behaviour.

More generally, there’s much on high thresholds on prosecution, and clear identification of public interest, perhaps not evident in the prosecutions of people such as Liam Stacey (sentenced to 56 days in prison for a “racially aggravated public order offence” after tweeting a poor taste joke about footballer Fabrice Muamba).

There is not much on the difference between “merely offensive”, which may not merit a prosecution, and “grossly offensive”, which could. As so often, this comes down to the probable perception of a right-thinking person. As in definitions of “obscenity” it seems a case of “I know it when I see it”.

There is a worry in the suggestion that removal of offensive posts by ISPs may provide a defence against prosecution.

While Facebook, Twitter et al will sometimes remove posts off their own bat, there is no absolute uniform system, and due to the sheer volume of traffic on social networks every day, some posts will slip through and others will be removed prematurely or inappropriately. Furthermore, this contains the germ of a suggestion of third-party liability, in which ISPs are held responsible for content. It will be crucial to examine this in the three-month public consultation on the guidelines which open today. It will also be worth examining whether section 127 of the Communications Act is appropriate at all in social media cases.

A decent start then, but more to be done.

Padraig Reidy is news editor at Index. Follow him on Twitter: @mepadraigreidy

More on this story:
Read the guidelines in full here
Graham Linehan on the Twitter Joke Trial
Paul Sinha on a tale of two tweets
Do western democracies protect free speech?