United States: Twitter refuses to release tweets of protester

Twitter refused to hand over the tweets of a Occupy Wall Street protester to New York authorities on Monday. The social media giant rejected a court order issued by the Manhattan district attorney, requiring it to release three months worth of tweets from protester Malcolm Harris, who was arrested along with 700 other activists last autumn. Harris made attempts to crush the subpoena in February. His motion was blocked by a judge on 20 April, who ruled that Twitter, rather than Harris owned the tweets.

Tunisia: Two atheist friends convicted for blasphemy

On 28 March a primary court in the coastal city of Mahdia, sentenced two atheist friends, Jabeur Mejri and Ghazi Beji, to seven and a half years in prison, and to a fine of 1200 Tunisian Dinars (around USD $800) each, over the use of social networks to publish content deemed blasphemous. Mejri,and Beji were put on trial following a complaint lodged by a group of residents in Mahdia.

Private radio station Shems FM reported that Mejri and Beji published cartoons insulting the Prophet.

While Jabeur Mejri is in prison, his friend Ghazi Beji, who was sentenced in absentia, is at large. He fled to Athens to avoid prosecution. According to atheistica.com Beji wrote a book called “the Illusion of Islam”, and published it on the internet. His friend Mejri, wrote another book and “cursed the government, Islamists, Prophet Mohamed, drew a pig sleeping on the Kaaba [a sacred building for Muslims], and expressed his hatred towards Arabs and his love to Israel and its prime minister Natanyaho [sic]”.

Mejri, and Beji were convicted of “insulting others via public communication networks”, and spreading publications and writings that could “disturb public order” and “ moral transgression”.

The League of Tunisian Humanists condemned the sentence and complained about the “unclear circumstances that surrounded the trial, since one of the defendants fled”.

Olfa Riahi, a blogger and a journalist, who broke the story on the Tunisian blogosphere, told Index on Censorship that she is looking forward to see more associations getting together to support Mejri and Beji. “Many associations have started to react, but I would like to see [human rights group group] Liberty and Equity, as an association with an Islamic background, reacting too”, she said.

Bochra Bel Haji Hmida, a renowned Tunisian lawyer and women rights activist, will defend Mejri and Beji in their appeal.

Though the 2011 uprising has permitted Tunisians to freely express themselves, and criticize the political system; Islam has turned out to be a red line for the predominantly Muslim country, where censorship is taking on a religious tone.

Swaziland: Social media lese majeste law planned

Swaziland’s justice minister has told the country’s senate that the government is finalising a law that would make it illegal to criticise the King Mswati III on social media networks. “We will be tough on those who write bad things about the king on Twitter and Facebook,” Mgwagwa Gamedze said. Internet penetration is low in Swaziland, Africa’s last absolute monarchy, but social networks have been used to organise public demonstrations, including a student protest last Monday against funding cuts. Last week Swazi senator Thuli Msane claimed online activism was spiralling out of control and disrespecting Mswati III.

How do we legislate for social media?

Another week and another case of a young man getting into trouble over social media postings.

Last week, it was Azhar Ahmed, who angrily ranted about soldiers on his Facebook page, and now faces trial under the Communications Act 2003 (though the initial charge that his posting had been “racially aggravated” has been dropped).

This week, it is Swansea student Liam Stacey. Twenty-one-year-old Stacey today pleaded guilty of a “racially aggravated public order offence” after he tweeted racist remarks about Bolton Wanderers footballer Fabrice Muamba, and then addressed further racist remarks at tweeters who challenged him. (you can view Stacey’s now-deleted timeline here. Very strong language http://www.youtube.com/watch?v=nA5v2eZ5ZZE).

The two cases have several common elements. Both involve social networking sites. Both involve young men. Both outbursts were reactions to widespread, communal grief.

And both raise the question: is the law as it stands fit for purpose? The pace at which social media changes the way we communicate is startling, even though the intuitive nature of much of the technology we use makes it seem normal. It is difficult now for many to remember life before Twitter, and almost impossible to think of life before YouTube, just seven years ago. We do not really think of posting a tweet or a Facebook status update as “publishing” or “sending a message” in the same way as printing a leaflet or even sending a text message.

The Twitter Joke Trial rightly upset many people, who saw in the prosecution of Paul Chambers a misunderstanding of both the message and the medium. But the question is, can a law be formulated that will accommodate free expression online? Or, given the changing nature of electronic communication, is any law doomed to obsolescence?

Padreig Reidy is Index on Censorship’s news editor