Youth Advisory Board: Free speech issues around the world

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

For the past six months the Index on Censorship Youth Advisory Board has attended monthly online meetings to discuss and debate free speech issues. For their final assignment we asked members to write about the issue they felt passionately about that took place during their time on the board.

Simon Engelkes – Terrorism and the media in Turkey

When three suicide bombers opened fire before blowing themselves up at Istanbul Atatürk airport on 28 June 2016, Turkey’s social media went quiet. While the attacks were raging in the capital’s airport, the government of president Recep Tayyip Erdogan blocked social networks Facebook and Twitter and ordered local media not to report the details of the incident – in which at least 40 people were killed and more than 200 injured – for “security reasons”.

An order by the Turkish prime minister’s office banned sharing visuals of the attacks and any information on the suspects. An Istanbul court later extended the ban to “any written and visual media, digital media outlets, or social media”. Şamil Tayyar, a leading deputy of the ruling Justice and Development Party said: “I wish those who criticise the news ban would die in a similar blast.”

Hurriyet newspaper counted over 150 gag orders by the government between 2010 and 2014. And in March 2015, Turkey’s Constitutional Court approved a law allowing the country’s regulator to ban content to secure the “protection of national security and public order” without a prior court order. Media blackouts are a common government tactic in Turkey, with broadcast bans also put in place after the bombings in Ankara, Istanbul and Suruç.

Emily Wright – The politics of paper and indirect censorship in Venezuela

Soaring inflation, high crime rates, supply shortages and political upheaval all typically make front-page news. Not so in Venezuela, where many newspapers have suspended printing because of a shortage of newsprint.

For over a year now, the socialist government of Nicolás Maduro has centralised all paper imports through the Corporación Maneiro, now in charge of the distribution of newsprint. It is a move the political opposition is calling a form of media censorship, given that many newspapers critical of Chavismo and Maduro’s regime, have been struggling to obtain paper to print news.

In January, 86 newspapers declared a state of emergency, announcing they were out of stock and their capacity to print news was at risk. El Carabobeño, which is critical of the government and Chavismo, stopped circulating in March due to a lack of paper. A year earlier the newspaper had been forced to change its format to a tabloid, and reduce its pages, after running as a standard newspaper since 1933.

Censorship is an long-term problem in Venezuela but it is taking new, covert forms under Hugo Chávez’s successor, Nicolás Maduro. Media outlets are being economically strangled through tight regulation. On top of this huge fines for spurious charges of defamation or indecency linked to articles have become commonplace. Correo del Coroni, the most important newspaper in the south of the country, went bankrupt in this fashion. In March it was fined a million dollars and its director sentenced to four years in jail for defamation against a Venezuelan businessman. A month earlier it was forced to print only at weekends after being systematically denied newsprint.

Under Maduro’s regime, censorship in Venezuela has gone from piecemeal to systemic and the public’s right to information has been lost in the mix. Unable to mask the country’s hard realities with populist promises like his predecessor did, Maduro has been cracking down on the media instead.

Reporters Without Borders recently rated the press in Venezuela as being among the least free in the world, ranking it 139 out of 180 countries, below Afghanistan and Zimbabwe. Freedom House recently rated the press in Venezuela as Not free.

Mark Crawford – The UK government’s anti-BDS policy

In February this year, the British government banned public boycotts of Israeli goods. In recent years, the Boycott, Divestment and Sanctions campaign has become popular among those in opposition to the oppression of the Palestinian people, whereby Israeli goods, services and individuals are evaded or censored.

It’s illogical to punish an entire nation, as BDS does, for the actions of those in power. The answer to this illiberal policy must not be, however, to hand greater power to faceless, bureaucratic law enforcement to suppress freedom of expression.

As a result of the government’s clampdown, the board of trustees at my students’ union, UCLU, has already overridden a pro-BDS position democratically endorsed – however poorly – by its Union Council; but as well as emboldening the very illiberal voices that thrive on the aloof vilification of bureaucrats, the board even elected to censor council’s harmless and necessary expressions of solidarity with the Palestinian people.

The cure for faulty ideas and tactics is better ideas and better politics – translated through debate and honest self-reflection. Not only have legal shortcuts never worked, but they’re ideologically hypocritical and politically suicidal.

Ian Morse – Twitter’s safety council

Twitter unveiled its safety council in February. Its purpose is to ensure that people can continue to “express themselves freely and safely” on Twitter, yet there are no free speech organisations included.

So while the group ostensibly wants to create safety, its manifesto and practice suggest otherwise. The group doesn’t stop incitements of violence, it stops offensive speech. Safety only refers to the same attempts to create “safe spaces” that have appeared in so many other places. There is a difference between stopping the promotion of violence within a group – as Twitter did with 125,000 terrorism-related accounts – and stopping people from hearing other people’s views. Twitter has a mute and block button, but has also resorted to “shadow banning”.

Now compound this with the contradiction that is Twitter’s submission to authoritarian governments’ demands to take down content and accounts in places where not even newspapers can be a forum for free information, such as Russia and Turkey.

It’s indicative of two wider trends: the consolidation of “speech management” in Silicon Valley, and the calamitous division of the liberal left into those who allow the other side to speak and those who do not.

Layli Foroudi – Denied the freedom to connect: censorship online in Russia

The United Nations Human Rights Commission has brought the human rights framework into the digital age with the passing of a resolution for the “promotion, protection, and enjoyment of human rights on the internet”, particularly freedom of expression.

Russia opposed the resolution. This is unsurprising as the government institutionalises censorship in legislation, using extremism, morality and state security as justifications. Since November 2012, the media regulatory body Roskomnadzor has maintained an internet blacklist. Over 30,000 online resources were listed in April, plus 600,000 websites that are inaccessible due to being located on the same IP address as sites with “illegal” information.

This year, the internet in Russia has experienced increased censorship and site filtering under the influence of Konstantin Malofeev whose censorship lobbying group, the Safe Internet League, has been pushing for stricter standards in the name of Christian Orthodox morality, freedom from extremism and American influence.

Activists in Russia have claimed that their messages, sent using encrypted chat service Telegram, have been hacked by Russian security forces. Surveillance was what originally drove Pavel Durov, founder of Telegram and social network VKontakte, to set up the encrypted service as he and his colleagues felt the need to correspond without the Russian security services “breathing down their necks”. Durov himself lives in the US, a move prompted by the forced sale of VKontakte to companies closely aligned with the Kremlin, after the social network reportedly facilitated the 2011 protests against the rigging of parliamentary elections. His departure confirms theories about the chilling effect that crackdowns on expression can have on innovation and technology in a country.

In June a new law was passed which requires news aggregators, surpassing one million users daily, to check the “truthfulness” of information shared. Ekaterina Fadeeva, a spokesperson for Yandex, the biggest search engine in Russia, said that Yandex News would not be able to exist under such conditions.

Madeleine Stone – The murder of Joe Cox

The brutal daylight murder of Yorkshire MP Jo Cox may not initially seem like a freedom of speech issue.

Approached outside her constituency surgery on 16 June 16, at the height of the polarising Brexit debate, Cox was stabbed to death by a man who shouted “Put Britain first” as he attacked her. Cox was an ardent supporter of Britain remaining a member of the European Union, flying a “Stronger In” flag as she sailed down the Thames with her family in a dingy the day before her murder. Her passionate campaigning over the referendum should not have been life threatening.

In Britain, we imagine political assassinations to take place in more volatile nations. We are often complacent that our right to free speech in the UK is guaranteed. But whilst there are people intimidating, attacking and murdering others for expressing, campaigning on and fighting for their beliefs, this right is not safe. For democracy to work, people need to believe that they are free to fight for what they believe is right, no matter where they fall on the political spectrum. Jo Cox’s murder, which for the most part has been forgotten by British media, should be a wake-up call to Britain that our freedom of speech cannot be taken for granted.

EU agreement with tech firms on hate speech guaranteed to stifle free expression

Index on Censorship condemned the agreement between the European Commission and tech firms Facebook, YouTube, Twitter and Microsoft to tackle hate speech online.

“Hate speech laws are already too broad and ambiguous in much of Europe,” said Index on Censorship chief executive Jodie Ginsberg. “This agreement fails to properly define what ‘illegal hate speech’ is and does not provide sufficient safeguards for freedom of expression.

“The agreement once again devolves power to unelected corporations to determine what amounts to hate speech and police it – a move that is guaranteed to stifle free speech in the mistaken belief this will make us all safer. It won’t. It will simply drive unpalatable ideas and opinions underground where they are harder to police – or to challenge.

“There have been precedents of content removal for unpopular or offensive viewpoints and this agreement risks amplifying the phenomenon of deleting controversial – yet legal – content via misuse or abuse of the notification processes.”

Does social media have a censorship problem?

Credit: Flickr / Jason Howie

Facebook made headlines this week over allegations by former staff that the site tampers with its “what’s trending” algorithm to remove and suppress conservative viewpoints while giving priority to liberal causes.

The news isn’t likely to shock many people. Attempts to control social media activity have been rife since Facebook and Twitter launched in 2006. We are outraged when political leaders ban access to social media, or when users face arrest or the threat of violence for their posts. But it is less clear cut when social media companies remove content they deem in breach of their terms and conditions, or move to suspend or ban users they deem undesirable.

“Legally we have no right to be heard on these platforms, and that’s the problem,” Jillian C. York, director for international freedom of expression at the Electronic Frontier Foundation, tells Index on Censorship. “As social media companies become bigger and have an increasingly outsized influence in our lives, societies, businesses and even on journalism, we have to think outside of the law box.”

Transparency rather than regulation may be the answer.

Screen Shot 2016-05-11 at 17.16.47Back in November 2015, York co-founded Online Censorship, a user-generated platform to document content takedowns on six social media platforms (Facebook, Twitter, Instagram, Flickr, Google+ and YouTube), to address how these sites moderate user-generated content and how free expression is affected online.

Online Censorship’s first report, released in March 2016, stated: “In the United States (where all of the companies covered in this report are headquartered), social media companies generally reserve the right to determine what content they will host, and they do not consider their policies to constitute censorship. We challenge this assertion, and examine how their policies (and the enforcement thereof) may have a chilling effect on freedom of expression.”

The report found that Facebook is by far the most censorious platform. Of 119 incidents, 25 were related to nudity and 16 were due to the user having a false name. Further down the list were content removed on grounds of hate speech (6 reports) and harassment (2).

“I’ve been talking with these companies for a long time, and Facebook is open to the conversation, even if they haven’t really budged on policies,” says York. If policies are to change and freedom of expression online strengthened, “we have to keep the pressure on companies and have a public conversation about what we want from social media”.

Critics of York’s point of view could say if we aren’t happy with the platform, we can always delete our accounts. But it may not be so easy.

Recently, York found herself banned from Facebook for sharing a breast cancer campaign. “Facebook has very discriminatory policies toward the female body and, as a result, we see a lot of takedowns around that kind of content,” she explains.

Even though York’s Facebook ban only lasted one day, it proved to be a major inconvenience. “I couldn’t use my Facebook page, but I also couldn’t use Spotify or comment on Huffington Post articles,” says York. “Facebook isn’t just a social media platform anymore, it’s essentially an authorisation key for half the web.”

For businesses or organisations that rely on social media on a daily basis, the consequences of a ban could be even greater.

Facebook can even influence elections and shape society. “Lebanon is a great example of this, because just about every political party harbours war criminals but only Hezbollah is banned from Facebook,” says York. “I’m not in favour of Hezbollah, but I’m also not in favour of its competitors, and what we have here is Facebook censors meddling in local politics.”

York’s colleague Matthew Stender, project strategist at Online Censorship, takes the point further. “When we’re seeing Facebook host presidential debates, and Mark Zuckerberg running around Beijing or sitting down with Angela Merkel, we know it isn’t just looking to fulfil a responsibility to its shareholders,” he tells Index on Censorship. “It’s taking a much stronger and more nuanced role in public life.”

It is for this reason that we should be concerned by content moderators. Worryingly, they often find themselves dealing with issues they have no expertise in. A lot of content takedown reported to Online Censorship is anti-terrorist content mistaken for terrorist content. “It potentially discourages those very people who are going to be speaking out against terrorism,” says York.

Facebook has 1.5 billion users, so small teams of poorly paid content moderators simply cannot give appropriate consideration to all flagged content against the secretive terms and conditions laid out by social media companies. The result is arbitrary and knee-jerk censorship.

“I have sympathy for the content moderators because they’re looking at this content in a split second and making a judgement very, very quickly as to whether it should remain up or not,” says York. “It’s a recipe for disaster as its completely not scalable and these people don’t have expertise on things like terrorism, and when they’re taking down.”

Content moderators — mainly based in Dublin, but often outsourced to places like the Philippines and Morocco — aren’t usually full-time staff, and so don’t have the same investment in the company. “What is to stop them from instituting their own biases in the content moderation practices?” asks York.

One development Online Censorship would like to see is Facebook making public its content moderation guidelines. In the meantime,the project will continue to strike at transparency by providing crowdsourced transparency to allow people to better understand what these platforms want from us.

These efforts are about getting users to rethink the relationship they have with social media platforms, say York. “Many treat these spaces as public, even though they are not and so it’s a very, very harsh awakening when they do experience a takedown for the first time.”

13 governments that are definitely not jailing people over free speech

Governments don’t really like coming across as authoritarian. They may do very authoritarian things, like lock up journalists and activists and human rights lawyers and pro democracy campaigners, but they’d rather these people didn’t talk about it. They like to present themselves as nice and human rights-respecting; like free speech and rule of law is something their countries have plenty of. That’s why they’re so keen to stress that when they do lock up journalists and activists and human rights lawyers and pro-democracy campaigners, it’s not because they’re journalists and activists and human rights lawyers and pro-democracy campaigners. No, no: they’re criminals you see, who, by some strange coincidence, all just happen to be journalists and activists and human rights lawyers and pro-democracy campaigners. Just look at the definitely-not-free-speech-related charges they face.

1) Azerbaijan: “incitement to suicide”

Khadija Ismayilova is one of the government critics jailed ahead of the European Games.

Khadija Ismayilova is one of the government critics jailed ahead of the European Games.

Azerbaijani investigative journalist Khadija Ismayilova was arrested in December for inciting suicide in a former colleague — who has since told media he was pressured by authorities into making the accusation. She is now awaiting trial for “tax evasion” and “abuse of power” among other things. These new charges have, incidentally, also been slapped on a number of other Azerbaijani human rights activists in recent months.

2) Belarus: participation in “mass disturbance”

Belorussian journalist Irina Khalip was in 2011 given a two-year suspended sentence for participating in “mass disturbance” in the aftermath of disputed presidential elections that saw Alexander Lukashenko win a fourth term in office.

3) China: “inciting subversion of state power”

Chinese dissident Zhu Yufu in 2012 faced charges of “inciting subversion of state power” over his poem “It’s time” which urged people to defend their freedoms.

4) Angola: “malicious prosecution”

Journalist and human rights activist Rafael Marques de Morais (Photo: Sean Gallagher/Index on Censorship)

Journalist and human rights activist Rafael Marques de Morais (Photo: Sean Gallagher/Index on Censorship)

Rafael Marques de Morais, an Angolan investigative journalist and campaigner, has for months been locked in a legal battle with a group of generals who he holds the generals morally responsible for human rights abuses he uncovered within the country’s diamond trade. For this they filed a series of libel suits against him. In May, it looked like the parties had come to an agreement whereby the charges would be dismissed, only for the case against Marques to unexpectedly continue — with charges including “malicious prosecution”.

5) Kuwait: “insulting the prince and his powers”

Kuwaiti blogger Lawrence al-Rashidi was in 2012 sentenced to ten years in prison and fined for “insulting the prince and his powers” in poems posted to YouTube. The year before he had been accused of “spreading false news and rumours about the situation in the country” and “calling on tribes to confront the ruling regime, and bring down its transgressions”.

6) Bahrain: “misusing social media

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

In January nine people in Bahrain were arrested for “misusing social media”, a charge punishable by a fine or up to two years in prison. This comes in addition to the imprisonment of Nabeel Rajab, one of country’s leading human rights defenders, in connection to a tweet.

7) Saudi Arabia: “calling upon society to disobey by describing society as masculine” and “using sarcasm while mentioning religious texts and religious scholars”

In late 2014, Saudi women’s rights activist Souad Al-Shammari was arrested during an interrogation over some of her tweets, on charges including “calling upon society to disobey by describing society as masculine” and “using sarcasm while mentioning religious texts and religious scholars”.

8) Guatemala: causing “financial panic”

Jean Anleau was arrested in 2009 for causing “financial panic” by tweeting that Guatemalans should fight corruption by withdrawing their money from banks.

9) Swaziland: “scandalising the judiciary”

Swazi Human rights lawyer Thulani Maseko and journalist and editor Bheki Makhubu in 2014 faced charges of “scandalising the judiciary”. This was based on two articles by Maseko and Makhubu criticising corruption and the lack of impartiality in the country’s judicial system.

10) Uzbekistan: “damaging the country’s image”

Umida Akhmedova (Image: Uznewsnet/YouTube)

Umida Akhmedova (Image: Uznewsnet/YouTube)

Uzbek photographer Umida Akhmedova, whose work has been published in The New York Times and Wall Street Journal, was in 2009 charged with “damaging the country’s image” over photographs depicting life in rural Uzbekistan.

11) Sudan: “waging war against the state”

Al-Haj Ali Warrag, a leading Sudanese journalist and opposition party member, was in 2010 charged with “waging war against the state”. This came after an opinion piece where he advocated an election boycott.

12) Hong Kong: “nuisance crimes committed in a public place”

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Avery Ng wearing the t-shirt he threw at Hu Jintao. Image from his Facebook page.

Avery Ng, an activist from Hong Kong, was in 2012 charged “with nuisance crimes committed in a public place” after throwing a t-shirt featuring a drawing of the late Chinese dissident Li Wangyang at former Chinese president Hu Jintao during an official visit.

13) Morocco: compromising “the security and integrity of the nation and citizens”

Rachid Nini, a Moroccan newspaper editor, was in 2011 sentenced to a year in prison and a fine for compromising “the security and integrity of the nation and citizens”. A number of his editorials had attempted to expose corruption in the Moroccan government.

This article was originally posted on 17 June 2015 at indexoncensorship.org