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

China: Ai Weiwei says censors removed his microblog

A crack in China’s firewall allowed dissident artist Ai Wei Wei to use a Twitter-like social media account for a short time on Sunday, before it shortly became inaccessible. The dissident artist was able to use micro-blogging platform Sina Weibo after discovering that his name was no longer blocked. Ai said his account was deleted shortly after midnight on Monday, and was replaced with a message that read: “Error. Invalid Weibo user”. During the short time the artist’s account was active, he attracted over 10,000 followers. New regulations which require Beijing-based microbloggers to declare their real names went into effect on Friday.

Harassment of anti-government students at Bahrain Polytechnic continues

Last year, a number of students from Bahrain Polytechnic were expelled from the university for “participating in unlicensed gatherings and marches”. Targeting anti-government students, evidence for the expulsions was mostly obtained from social media websites such as Facebook.

21 year-old Asma Darwish was among the 63 students expelled from the university in June 2011, after encouraging people to participate in unauthorised marches against the regime. In  a subsequent interrogation from a committee of members from Bahrain Polytechnic and the Ministry of Interior, Darwish was shown Facebook activities that the committee had obtained from her account, including status updates and comments.

After an external review of the cases, 32 of those, including Darwish, were allowed to return to Bahrain Polytechnic, but following her return, she was repeatedly harassed and threatened by fellow students, forcing her to leave Bahrain and flee to Switzerland.

Darwish described initially being excited about her return to the university in late September 2011, but soon became aware that things were not going to be easy.

Upon her return, she was asked to sign a code of conduct saying she would not get involved in activities with a political nature, and recalls discussing the code with an employee whose responsibility it was to obtain signatures from the returning students.

She said: “I went through a discussion with her regarding some of the points in the code, she had no answers except “this is the law in Bahrain, we must follow the constitution. I told her several times that the constitution was the problem.”

Darwish was forced to re-sit courses she had been expelled from, and asked to pay her tuition fees again. She soon noticed that students were behaving differently around her.

“I went to my classes, and I saw many students staring at me. In the four months that I was on the polytechnic campus before I had to leave Bahrain, I was harassed more than once by some of the students who were loyal to the regime. Students would sing pro-government songs when they saw me passing.”

She described one occasion when a fellow student began chanting “we shall die for you Abu Ali”, referring to Prime Minister Khalifa bin Salman, known as Abu Ali. On a different occasion, Darwish recalls another student staring at her until she was out of sight.

“I have always ignored these situations. But I was fed up of the polluted atmosphere that was not anything near an educational one. I decided to take my chance and report the harassment though I knew it was risky.”

Reporting the case sparked many concerns. Darwish explained it became apparent that the pro-government students who had been involved in her harassment could have her arrested, purely on the basis of her differing political views. She was determined to take her case further, despite the risks.

But it was not just through concern for herself that she progressed the case. Not alone in receiving harassment, Darwish wanted to help others who were being affected by similar treatment.

“So many other excellent, talented and creative students face difficulties learning in such an environment. Most of them don’t even enjoy studying at the Polytechnic after all they have gone through. Many are still harassed.”

Very few of the students report the cases of harassment: “Most of the students felt unsafe to come forward and report a case, saying “I prefer being harassed in campus than arrested and harassed in prison for reporting a case against a pro-government”.

She added: “The students who stand for democracy not only at Bahrain polytechnic, but other universities like the University of Bahrain are facing hardship getting the knowledge and education they deserve. Those students are being constantly targeted by the regime, through arrests, torture, and lack of appreciation and respect.

To this day, Darwish has not heard back from Bahrain Polytechnic on her case. Students who are disrupting the learning of others are still on campus, but she hopes that those who are being harassed will speak out. She advised students to write and talk about their harassment. “Your voice shall be heard,” she said.

Despite being forced to leave Bahrain in January 2012 and seek asylum in Switzerland, she was still subjected to phonecalls, threatening her with arrest, rape and murder. She cannot go back to Bahrain any time soon for fear of being persecuted.

“I left everything there and fled. I left my family, my friends and a country that I am in love with. I wanted to be a change maker, maybe I couldn’t while I was in Bahrain. But I promise that I will do my best to see the smile on the faces of my people in Bahrain once again.”

Mexican politicians embrace social media

Mexican politicians are using social networks in sleight of hand similar to the ones they used in elections before the age of technology, say critics.  Instead of paying voters to show up for the vote, or stuffing boxes — known practices in previous mid-term or presidential elections —  today’s savvy campaign managers are helping their candidates swell up their numbers of Twitter followers and Facebook “likes”.

“They are doing online what they used to do offline,” according to Maria Elena Meneses, a media expert and professor at the Tecnologico de Monterrey who has studied elections and the Internet.

The campaign of ruling party presidential candidate Josefina Vasquez Mota drew much criticism after it  allegedly used an internet bot to create a trending topic during recent elections to select the presidential candidate for the  ruling Partido de Accion Nacional. News magazine Procesoreported that news sites that had measured the growth of the Vasquez Mota’s followers could determine how many of them were obtained through the bots.

Despite this criticism, Vasquez Mota seems to have one of the best online media teams. Her approach is similar to that used by US President Barak Obama in his 2008 presidential elections. The team’s use of various hashtags to trigger a trending topic, including the hashtag  #HoyganaJosefina, which means “today Josefina wins”, helped expand her followers list by 31,000 in only a few hours in late January during her party’s  internal election process (detractors say this is where the campaign used bots). The candidate’s Facebook page also has a lot of young followers.

Meneses says it is estimated that 15 million Internet users in Mexico are between the ages of 18 and 34.  The young vote will be the more difficult to harness in the next presidential elections in July: 34 million new voters who turned 18 between 2006 and this year will be voting this presidential election.

But the presidential campaigns have a wooden Internet presence.  Enrique Peña Nieto,  the presidential candidate for the Institutional Revolutionary Party (PRI), whose party ruled Mexico for 70 years until 2000, uses YouTube, but, Meneses says, not in a way that would attract young voters.  “They only tape their campaign presentations.  There is no give and take with the audience, which is what young voters want,” she says.

Meneses says none of the three presidential candidates for the three major parties — the PAN, the PRI and the left of center Partido Revolucionario Democratico, (PRD) — are using social media effectively to reach and communicate with common citizens. “They could use those sites to respond to uncomfortable questions,” she insists.