Aug 25th, 2009
Media laws to watch
As lawmakers around the world return to their posts after summer holidays, expect to see renewed attempts to either pass or overturn restrictive media laws.
From Flickr user florian_b
While compiling the EJC’s daily roundup of media news over the past weeks, several ongoing proposals and debates stood out. The following is a non-exhaustive roundup of proposed or recently passed laws that could either curtail public access to information and/or to cast a chilling effect on the production of various content:
EUROPE
Great Britain
The government has proposed a law to limit peer-to-peer filesharing. If detected, illegal downloaders would initially receive warning letters ordering them to stop. If they persist in downloading, enforcement officials could require Internet Service Providers to sever their Internet connection.
The proposal is strongly reminiscent of the failed Hadopi law in France.
France
Earlier this year, the French government prompted the ire of Internet activists when it attempted to pass the Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet, or Hadopi.
The law would have allowed French authorities to cut off Internet access to computers whose users were previously caught and warned about illegal downloading. It also addressed other matters, such as giving online media status similar to that enjoyed by printed media.
It did not pass France’s Constitutional Council, which demanded judicial oversight before Internet access was denied.
But officials have said they plan to re-introduce the bill in the upcoming session with some oversight built in.
Italy
The Alfano proposal, so called for its author, Angelino Alfano, the Minister of Justice, requires bloggers to edit posts about which a complaint of defamation is filed with the government – within 48 hours. Bloggers who refuse may be sued.
Italian bloggers went on strike in mid-July to protest the right-of-response law.
According to Global Post, the Alfano proposal has been approved by Parliament and is moving on for Senate approval.
Czech Republic
Lawmakers put the “Muzzle Law” into effect on 1 April. It criminalises the publication of material gathered from police wiretaps. The law is dangerous because it prevents, for example, police departments from giving journalists information about potentially corrupted investigations. The law also bans the press from releasing the names of victims of violent crimes.
The punishment for breaking the law, which Czech president Vaclav Klaus signed in mid-February, is a five-year term in prison and a fine of around 170,000 euro.
A group of Czech journalists led a campaign called Prison For Journalists, prompting a group of senators to challenge the muzzle law in court. Some stories say lawmakers are perhaps considering an amendment to the law.
Slovakia
In April, 2008, the Fico government passed the Press Act. Challenges to the law are expected in the latter half of 2009.
According to Reporters Without Borders, the ministry of culture is allowed, by way of the law’s Article 6, “direct control over the media on a number of issues seen as sensitive.” Anyone who makes a complaint to the government about defamation is granted a right to respond. Papers who do not grant the request are subject to fines.
The law also allows the ministry of culture to penalise 16 different forms of hate speech.
LATIN AMERICA
Venezuela
Starting in mid-July, Hugo Chavez’ government began taking more than 200 radio stations off the air. Both AM and FM frequencies came under fire.
Photo from Flickr user quecomunismo
Also, as the Economist reported, the government has plans to “restrict radio stations from sharing programming so that local broadcasters would no longer be able to relay national news programmes.”
During the same week, regional newspapers were threatened when “government delays in providing foreign currency needed to import paper,” Editor & Publisher reported.
The first week of August saw pro-Chavez activists barge into Globovision, an opposition TV network, and attack staff there.
It’s all leading up to attorney general Luisa Ortega Díaz’ proposed Media Crimes Law. The purpose of the law is to curtail freedom of expression, which Ortega Diaz says has of late been abused in Venezuela.
MIDDLE EAST
Iraq
In mid-August, active Iraqi academics, parliamentarians, booksellers and journalists gathered in Baghdad to protest a series of government measures meant to limit the amount of “immoral” information to which Iraqis have access.
The government is requiring Internet cafes to register with the government. And according to a recent New York Times report, “In July, a government committee recommended that the drafting of a law allowing for official Internet monitoring and the prosecution of violators be expedited.”
Banned material would include Facebook, pornography, negative materials on Islam and content about gambling, terrorism or drugs, the NYT reported.
Some books will also be banned.
Saudi Arabia
This state’s censorship of the Internet is well documented. But it managed to make headlines over the summer with its restrictive practices.
In early August, Saudi Arabia yanked a satellite TV station after it broadcast a show in which a host spoke candidly about sex.
A few weeks later, Saudi Arabia blocked the Twitter accounts of activists inside the kingdom.
One of them, Khaled al Nasser, told AFP that he “had sent tweets about several human rights cases that he and other lawyers are pursuing, most recently that of rights lawyer Sulaiman al-Rashudi, detained by police for two years without being charged or tried.
Nasser said the action on Twitter accounts could reflect CITC taking note of the use of Twitter by Iranian democracy activists to provide people inside and outside the country information on their protests in June and July.”
In coming months, the government may require websites to have a license to operate inside the kingdom and privatise more television stations.
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Flickr images from users calamur, quecomunismo and albazi
