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Law
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Saturday, 08 December 2007 |
Even today, journalists throughout the world risk imprisonment for doing their jobs. Criminal defamation laws in many countries provide for imprisonment of journalists who commit slander, libel and similar offenses. The charge usually is levied by a government in retaliation for published news stories (or reporting) that hit a little to close to home—say where the taxpayers’ cash is stashed in a closet.
Recently, Mexico, Azerbaijan and Niger provided great reminders of why criminal penalties for defamation are incompatible with freedom of expression.
In Mexico, New America Media reports, the nation’s highest court ruled “that the governor of Puebla [State] did not violate [a] journalist's rights when he arrested her for defamation.” The reporter, Lydia Cacho, wrote a book, "The Demons of Eden," that "investigated the link between child sex rings and networks of powerful people in Mexico. The judges ruled 6-to-4 against the journalist, despite an investigation that found that at least 30 public officials, among them Gov. Mario Marín of Puebla State, had conspired to harass her.”
In Azerbaijan, IFEX reports, Radio Liberty correspondent Ilgar Nasibov “was convicted under article 147.1 of slander, on the basis of a lawsuit filed by Nakhchivan City Police Department Chief Sabuhi Novruzov.”
“The conviction stems from a 4 November incident in which Malahet Nasibova was insulted by Nakhchivan City Police Department Deputy Chief Ershad Ibrahimov,” the IFEX report continues. “Specifically, Ibrahimov called Nasibova a "traitor." Following this incident, the Nasibovs sent a complaint to the e-mail address of the president of Azerbaijan. Novruzov's lawsuit was based on the content of the letter sent to the president.”
Finally, in Niger, IFEX reports, a newspaper owner and editor have been imprisoned “in response to a libel complaint filed by the Minister of Economy and Finance Ali Mahamane Lamine Zène. The Minister said he was defamed after L'enquêteur published three articles on November 19 alleging he was involved in granting state projects "illegally" and encouraging "mismanagement" of public finances.”
“Two other journalists, Moussa Kaka and Ibrahim Manzo Diallo, have been jailed in Niger for more than two months, IFEX continues. “They are accused of criminal offences following their coverage of the Tuareg rebellion in the country.”
Finally, below the jump is the story of how an allegedly defamatory text message about local officials put two doctors in a Chinese jail. The madness continues … [New America Media, IFEX No. 1, IFEX No 2] |
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Free Speech
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Saturday, 08 December 2007 |
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Compare and contrast: In Africa, Sudan’s president pardoned the British schoolteacher imprisoned for allowing her students to name a teddy bear Mohammed. (The president had to be intensely pressured by high-ranking British officials to release the teacher.)
In America, an Arizona businessman started selling teddy bears named Muhammad. (To date, no sword-waving crowd of maniacs is reported to have chanted for the businessman’s death.) [Sky, KPHO] |
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Free Speech
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Saturday, 08 December 2007 |
A recent New York Times editorial blasted Yahoo, Microsoft, Google and Cisco Systems for their lackluster free speech records. According to the editorial:
Yahoo is not the only American company helping the Chinese government repress its people. Microsoft shut down a blogger at Beijing’s request. Google, Yahoo and Microsoft censor searches in China. Cisco Systems provided hardware used by Beijing to censor and monitor the Internet.
These companies argue that it is better for the Chinese people to have a censored Internet than no Internet. They say that they must abide by the laws of the countries they operate in. But the Chinese Constitution guarantees freedom of speech, the press, association and assembly. Those guarantees may be purely symbolic, but these companies — which loudly protest Chinese piracy of their intellectual property — have not tried to resist. What they are resisting are efforts in Congress that could help them stand against repressive governments.
Setting aside the laughable citation to the Chinese constitution, which purportedly “guarantees freedom of speech” (law is largely a suggestion in China--if it is even written--and the Times knows that), the Times is right.
Shame on you, Yahoo, Microsoft, Google and Cisco Systems.
More news after the jump. [NYTimes] |
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Free Speech
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Saturday, 08 December 2007 |
The fallout from the Supreme Court’s anti-free speech holding in Morse v. Fredrick, the infamous “Bong Hits 4 Jesus” case, has already begun to choke the speech of America’s schoolchildren. Here, we have the case of a student whose notebook contained the violent story of a neo-Nazi group’s rise in the student’s school, “culminating in a Columbine-style shooting at graduation two years later.”
According to the Student Press Law Center:
School administrators were justified in punishing a high school student who wrote a violent story in his notebook, a federal appeals court ruled Nov. 20 in a decision that free-speech advocates fear could greatly expand officials' power to censor student expression.
A three-judge panel of the 5th U.S. Circuit Court of Appeals based its decision on its interpretation of the Supreme Court's June ruling in Morse v. Frederick, the so-called "Bong Hits 4 Jesus" case. In that decision, the Court ruled that school officials can censor student speech that a reasonable observer would believe advocated the use of illegal drugs. The 5th Circuit, in its Nov. 20 ruling, found that by similar reasoning, officials also can punish speech they believe advocates behavior that endangers students' physical safety. … [T]he 5th Circuit's interpretation of the general rule established by Morse was that "speech advocating a harm that is demonstrably grave and that derives that gravity from the 'special danger' to the physical safety of students arising from the school environment is unprotected," and so administrators do not need to meet the more-protective Tinker standard to censor such speech. The court said administrators must be able to response quickly to threats of violence "without worrying that they will have to face years of litigation second-guessing their judgment as to whether the threat posed a real risk of substantial disturbance."
[Student Press Law Center, First Amendment Center, Sidebar] |
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Free Speech
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Saturday, 08 December 2007 |
Reporters Without Borders (RSF) reacted strongly to the treatment of journalists during the recent Russian parliamentary elections, where Putin’s United Russia swept the vote amid accusations of electoral misconduct.
According to RSF:
Reporters Without Borders is outraged by the way news media are being harassed to prevent them reporting the activities of the opposition parties taking part in this weekend’s parliamentary elections and by the way the public TV stations have systematically promoted Vladimir Putin’s candidacy.
“Public opinion is being crudely manipulated,” the press freedom organisation said. “The international community should react to this display of contempt for democracy, despite President Putin’s warnings to other countries not to ‘meddle’ in his country’s internal affairs.”
Reporters Without Borders added: “Russians have not had access to fair and unbiased information about all the parties competing in these elections. This bodes ill for next March’s presidential elections.”
[RSF] |
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Free Speech
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Saturday, 08 December 2007 |
According to RSF (Reporters Without Borders):
Reporters Without Borders condemns the arrest of feminist writer Jelveh Javaheri of We-Change, a website that had been campaigning for women’s rights in Iran since 2005. She was arrested on 1 December in Tehran when she responded to a court summons. “Javaheri is the second cyber-feminist to be arrested in two weeks on utterly vague charges,” the press freedom organisation said. “Websites such as hers are symbols of the criticism which the Iranian government wants to stamp out. By harassing feminist activists in this manner, the regime wants to put a stop to these news and information websites, and that constitutes a serious violation of free expression.”
Aged 30, Javaheri was taken to Evin prison on the northern outskirts of Tehran after being charged with publishing false information, “disturbing public opinion” and “publicity against the Islamic Republic.
More news after the jump. [RSF] |
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