Five countries using anti-terror legislation to muzzle journalists
Sept.11, Ankara: The anti-terror charges against reporters for Vice News in Turkey are not isolated. In recent years, a number of countries have used broad anti-terror laws to restrict the freedom of the press.
Two British journalists and a local fixer working for Vice News were charged on Monday 31 August in Turkey with “working on behalf of a terrorist organisation”. They will remain in detention until their trial, the date of which has not yet been announced.
The journalists Jake Hanrahan, Philip Pendlebury and Iraqi translator and journalist Mohammed Ismael Rasool were filming clashes between security forces and youth members of the Kurdistan Workers' Party (PKK) in the south-eastern city of Diyarbakir on Thursday when they were arrested.
Turkey's broad definition of terrorism means that any journalist reporting on PKK activities or Kurdish rights can be charged with the offence of making “terrorist propaganda” and jailed.
Index on Censorship Chief Executive Jodie Ginsberg said: “Coming just days after the unjust sentencing of three Al Jazeera journalists in Egypt, these latest detentions of journalists simply for doing their jobs underlines the way in which governments everywhere can use terror legislation to prevent the media from operating.”
Egypt remains a cause for concern when it comes to press freedom: on 29 August 2015 Al Jazeera journalists Mohamed Fahmy, Peter Greste and Baher Mohamed were sentenced to three years in prison. The journalists were found guilty of of “broadcasting false information” and “aiding a terrorist organisation” – a reference to the Muslim Brotherhood.
The sentencing came just weeks after President Abdel Fattah el-Sisi's government passed an anti-terror law setting a fine of up to 500,000 Egyptian pounds (£41,600) for journalists who stray from government statements or spread “false” reports on attacks or security operations against armed fighters.
Jordan introduced a new “anti-terror” law in 2006 prohibiting, among other things, the engagement in “acts that expose the kingdom to risk of hostile acts, disturb its relations with a foreign state, or expose Jordanians to acts of retaliation against them or their money”. The charge carries a prison sentence of three to 20 years. The law was amended in 2014 to, broaden the definition of terrorism.
Interpretation of the law has been varied. According to the Committee to Protect Journalists (CPJ), in April 2015 a journalist was jailed for criticising the Saudi-led bombing of Houthi forces in Yemen. Another journalist was detained in July 2015 for breaking a recent ban on coverage of a terror plot. Earlier in 2015, an activist who criticised the royal family's support of Charlie Hebdo on Facebook was sentenced to five months in jail under the anti-terror law.
One month after June's terrorist attack on Sousse beach killing 38 tourists, for which ISIS claimed responsibility, Tunisia approved new anti-terror legislation.
Under the legislation, website editor Nour Edine Mbarki was charged in connection with publishing a photograph of a car that purportedly transported a gunman behind the beach attack. According to the CPJ, he was charged under Article 18 of the law with “complicity in a terrorist attack and facilitating the escape of terrorists,” which carries a prison term of between five and 12 years. He is currently awaiting a trial date.
Human Rights Watch said the new anti-terror bill “would open the way to prosecuting political dissent as terrorism, give judges overly broad powers, and curtail lawyers' ability to provide an effective defence”.
Rights groups have long criticised Pakistan's notorious anti-blasphemy laws for their effect on freedom of expression in the country. But strengthened anti terror legislation is also impacting the way journalists operate in the country.
In June, three Pakistani journalists were charged under the Anti-Terrorism Act, reportedly for covering the activities of a dissident politician, according to the Pakistan Press Foundation. A year before, a TV anchor was also charged under the law.
One to watch: Kenya
Following two separate attacks by al-Shabab militants in December, Kenya's President Uhuru Kenyatta signed into law a new security bill that could curtail press freedom. Under the new law, journalists could face up to three years in jail if their reports “undermine investigations or security operations relating to terrorism” – or even if they published images of “terror victims” without police permission.
This hasn't come into play yet – in February, the Kenyan High Court threw out several clauses, including those that could impact media freedom. The government has said it would consider lodging an appeal.
This post was written by Emily Wight for Index on Censorship
The Oslo Times