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Sanaa Seif, the sister of Egyptian writer and activist Alaa abd el-Fattah, speaking at COP27
It shouldn’t surprise anyone reading this that I care passionately about freedom of expression. I have dedicated my life to political engagement and campaigning and have used every right afforded to me under article 10 of the Human Rights Act as I have sought to fix problems in our society.
At Index I spend every day seeking to ensure that those people who are silenced by despotic regimes have a platform for their words and their art. I speak to journalists and stakeholders daily about threats to freedom of speech at home and abroad. After all, Index was founded to protect this most fundamental of human rights everywhere it is threatened.
But there are some weeks when even I am surprised by the scale of news coverage of freedom of speech. Especially in the UK. It increasingly feels like the phrase freedom of speech is dominating political debate as well as the comment pages in our mainstream media. Of course I welcome every mention and the truth, in an age of disinformation, trolling and political populism, is that we need a national conversation about how language, speech and debate need to be protected and cherished as our communication tools evolve and develop.
But in the last week I’m not sure that’s what we’ve seen. I want a debate about freedom of speech and expression. About how to protect and promote media, artistic and academic freedoms. Instead what we have seen is journalists arrested, in the UK, for doing their job and covering the news. We’ve seen an elected politician denounce media outlets for having the audacity to cover protests.
On the international stage we’ve seen a social media platform used by millions of people change dramatically on the whim of a billionaire within a matter of days of his taking ownership. World leaders attending COP27 in Egypt failing in all efforts to intervene in the case of Alaa Abd el-Fattah, a democracy campaigner, imprisoned because he dared to support a political protest. And in the US we’ve once again seen too many politicians undermining the very basis of their democracy as a political tool.
We deserve so much better than this.
We deserve more than political rhetoric about free speech while populists seek to hijack their own definition of free speech for political gain.
We deserve more than token diplomatic gestures when people are rotting in prison for having the audacity to demand their basic human rights.
We deserve more than our police forces arresting journalists and undermining media freedom because they seek to cover the news.
We deserve better. And Index will keep demanding better – at home and abroad.
A powerful coalition of leading journalism and press freedom organisations has severely criticised the National Security Bill, making its way through parliament.
Index on Censorship, the National Union of Journalists, openDemocracy and Reporters Without Borders (RSF) state the overly broad and vague way the bill is currently drafted could see journalists labelled as spies and given lengthy jail sentences for simply doing their jobs.
They believe the National Security Bill expands disproportionate and vague powers that target journalists and civil society. While the bill professes to cover acts of espionage damaging to UK national security interests by those acting on behalf of foreign states, its reach is far further than this. Obtaining or sharing protected information, or information that is subject to any type of restriction of access, far beyond classified materials, greatly expands the state’s control over what journalists report on and significantly restricts the public’s right to know. This also opens up the Bill to be abused by the state to protect their reputation and obscure public scrutiny and democratic oversight. Depending on vaguely defined terms such as the interests of the United Kingdom and the Foreign Power condition offers few protections, and such legal uncertainty will only encourage journalists to step away from important public interest reporting to avoid disproportionate prison sentences.
Despite government reassurances that the new legislation will not affect the activities of genuine investigative reporters, there are fears that the vague language in the bill will deter disclosure of wrongdoing by officials and chill public interest journalism. They believe that the maximum sentences in the bill (life imprisonment for espionage and 14 years’ imprisonment for foreign interference) are disproportionate.
At present there are no safeguards or defences in the Bill, leaving the UK far below international human rights standards, and the standards established in other countries, including key intelligence partners. This must be immediately addressed through the inclusion of a strong and accessible statutory public interest defence.
The coalition have requested a meeting with the minister responsible for the Bill, Tom Tugendhat, and have submitted evidence to the Bill Committee laying out their objections in detail.
Stewart Kirkpatrick, Head of Impact at openDemocracy, said: “Journalism is not a crime. It’s a public service – a vital task for exposing wrong-doing and incompetence in government. The fact that this loosely-worded legislation emperils that is worrying in the extreme.”
Michelle Stanistreet, NUJ general secretary, said: “At no point should journalists ever be conflated with spies, yet Government’s legislation risks setting a damaging precedent for this to occur. By criminalising journalists for their reporting, the bill poses a significant threat to both public interest journalism and press freedom.”
Azzurra Moores, UK Campaigns Officer for Reporters Without Borders (RSF), said: “This worrisome legislative proposal is the latest in a long line of ways in which the UK government continues to crackdown on journalists and independent reporting. Every aspect of this Bill needs to be reconsidered if it is to fully adhere to the protection of journalists that the government claims to commit to.”
Nik Williams, Policy and Campaigns Officer, Index on Censorship said: “The Bill threatens to criminalise whistleblowing and journalism by drawing parallels between public interest journalism and espionage. While the Government has stated its desire to protect journalism, these assurances are no more than words, with no protections to be found in the proposed legislation. This bill represents a severe threat to media freedom, free expression and the public’s right to know.”
About the coalition
openDemocracy is an independent global media organisation. Through reporting and analysis of social and political issues, we seek to educate citizens to challenge power and encourage democratic debate across the world.
The National Union of Journalists (NUJ) is the voice for journalism and journalists in the UK and Ireland. It was founded in 1907 and has more than 30,000 members working in broadcasting, newspapers, news agencies, magazines, book publishing, public relations, photography, videography and digital media. The NUJ is not affiliated to any political party.
Reporters Without Borders, known internationally as Reporters sans frontières (RSF), is an international non-profit and non-governmental organisation working to promote and defend press freedom around the world. Founded in 1985, the organisation is headquartered in Paris, and aims to act for the freedom, pluralism and independence of journalism and defend those who embody these ideals.
Index on Censorship is a non-profit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists in our award-winning magazine, promote debate through our events programme, and monitor threats to free speech through our advocacy and campaigning work. We believe that everyone should be free to express themselves without fear of harm or persecution, and our aim is to raise awareness about threats to free expression and the value of free speech.
Notes
BBC Broadcasting House. Photo: Peter Hastings, CC BY-NC-ND 2.0
This week I had planned to write about the importance of public service broadcasting. To focus on and celebrate 100 years of the world’s oldest national broadcaster, the BBC. I wanted to talk about my favourite programmes and highlight their successes and importantly their failures – because we should always have an honest appraisal of even those entities which we rely upon. But there is a bigger issue at play – in a world of disinformation and misinformation, where conspiracy feels like it’s becoming the norm we have never needed independent and publicly funded news outlets more.
Call me biased but the BBC is the best in the world and needs to be cherished and protected. Its journalists have been on the frontline of every new story for a century. They have documented every joy and every horror, without fear or favour. Because of them we have historical evidence of war crimes, of the Holocaust, of protests, of the rise and fall of governments in every corner of the world and of course the moments of global jubilation and joy.
I, for one, will always defend the institution of the BBC – it’s central to my daily life and I trust their output. I make no apologies for loving the BBC – but it’s not just the institution – it’s the promise of independent journalism, of being able to hold the powerful to account and of documenting events for posterity.
This week we have seen the value of public service journalism. In Manchester the BBC documented a democracy protester being dragged into the Chinese consulate by CCP officials. He was beaten. His story is now known and the subject of a diplomatic incident because the BBC covered the news. Bob Chen will have justice, or at least be protected because his story was told by independent journalists.
Contrast that with events in Russia. Protest is banned. Independent journalism all but crushed. Dissidents are arrested every day. Challenge is not tolerated. Their leaders never questioned.
I am so lucky to live in a democracy. To be blessed with a free press. To be able to hold my politicians to account.
Public broadcasting is integral to that – so Happy Centenary BBC – we’re lucky to have you.
Rt. Hon. James Cleverly MP
Foreign Secretary
Foreign, Commonwealth and Development Office
King Charles Street
London
SW1A 2AH
United Kingdom
15 October 2022
Dear Foreign Secretary,
On behalf of the below signed organisations, we would like to congratulate your appointment as Secretary of State for Foreign, Commonwealth and Development Affairs. At a time of significant global uncertainty and unrest, the UK can and must play a leading role in promoting human rights globally. While we appreciate the wide and diverse range of issues facing you and your department, we are contacting you today to draw your attention to the treatment of political prisoners in Saudi Arabia who have been imprisoned for expressing themselves.
The Specialized Criminal Court (SCC), established in 2008 to try those suspected of acts of terrorism, has instead administered disproportionate sentences, including the death sentence, to people solely for expressing themselves online. Cloaked in the language of cybercrime, this has effectively criminalised free expression and has also been brought to bear against individuals outside of Saudi Arabia.
You will have heard about the shameful case of Saudi national Salma al-Shehab, who was a student at the University of Leeds at the time of her alleged ‘crimes’ – sharing content in support of prisoners of conscience and women human right defenders, such as Loujain Alhathloul. For this, upon Salma al-Shehab’s return to Saudi Arabia, she was arrested and held arbitrarily for nearly a year, before being sentenced to 34 years in prison with a subsequent 34-year travel ban. The fact that the sentence is four years longer than the maximum sentence suggested by the country’s anti-terror laws for activities such as supplying explosives or hijacking an aircraft demonstrates the egregious and dangerous standard established both by the SCC and the Saudi regime to restrict free expression. It also further illustrates the Saudi government’s abusive system of surveillance and infiltration of social media platforms to silence public dissent.
But the actions aimed at Salma al-Shehab did not happen in isolation. In fact, her sentencing is the latest in a longstanding trend that has seen the Saudi judiciary and the state at-large being co-opted to target civil society and fundamental human rights. The same day that al-Shehab was sentenced, the SCC sentenced another woman, Nourah bint Saeed Al-Qahtani, to 45 years in prison after using social media to peacefully express her views. Ten Egyptian Nubians were sentenced to up to 18 years in prison after they were arrested and detained – for two months they were held incommunicado and without access to their lawyers or family – after organising a symposium commemorating the 1973 Arab-Israeli war. Dr Lina al-Sharif was arbitrarily detained for over a year following her social media activism after a group of agents of the Presidency of State Security raided her family home and arrested her without a warrant. A worrying dimension is the use of violence and torture to coerce confessions, as well as ongoing persecution or surveillance following a prisoner’s release, further eroding the legitimacy of the SCC and its verdicts.
The UK’s close relationship with Saudi Arabia should not bind your hands to upholding human rights commitments and calling out violations when they are brought to your attention, particularly, in the case of al-Shehab, where they relate to the application of Saudi legislation for actions that took place within the territory of the United Kingdom. In fact, this relationship places you in a strong position to call for the release of all prisoners unlawfully held in Saudi Arabia without delay.
Acting definitively so early in your tenure would be a powerful symbol both to our allies and others that the UK can be a trusted protector of human rights and the rule of law.
We await your action on this important issue and further support the calls to action outlined by over 400 academics, staff and research students from UK universities and colleges in a letter authored to you and the Prime Minister.
If you require any more information we would be happy to organise a briefing at a time that works best for you.
Kind regards,
Index on Censorship
ALQST For Human Rights
SANAD Organisation for Human Rights
CIVICUS
Electronic Frontier Foundation
Gulf Centre for Human Rights (GCHR)
SMEX
Vigilance for Democracy and the Civic State
Access Now
Human Rights Watch
PEN International
English PEN
Front Line Defenders
IFEX