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30th July    Robbery with Intimidation...

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Nasty attack on Italian bloggers with impossibly quick right of reply requirement

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 full story: Blogging in Italy...Censorship affecting bloogers and the press in Italy

Italy flagOne of the provisions of the Media and Wiretapping Bill currently being discussed by the Italian Parliament is that all those responsible for information websites will be required to issue corrections within 48 hours to any complaint regarding website content, whether blogs, opinion, comment and/or information in general.

Corrections would need to be in the same form in which the contested content was originally put online, whether text, podcast or video. Failure to do so will risk a fine of up to 12,500 euros.

This law seeks to apply to online opinion/information/news – whether professional or amateur, commercial or individual – the same rules as those applied to the traditional media as established in the law of 1948, namely Article 8 relating to the so-called obbliga di rettifica or requirement to issue corrections. Media law will thus henceforth make no distinction between mainstream media and the multifarious world of information and/or opinion on the web.

Is it right for bloggers, content-sharing websites or any other online information-providers to have to publish a correction within 48 hours if any of their content, whether direct or indirect, is considered false or slanderous? The web is not the press. Rules should be different for mainstream media and online information. To manage any request for correction is time-consuming and complex - just to evaluate whether the complaint is justified might require professional expertise which the vast majority of online information websites don't have. At stake is the very existence of the website - a heavy fine would for many constitute closure.

What's the likely result of this proposed law? Many bloggers and amateur participants in web debate and information-gathering will simply decide it's not worth the risk and the hassle. They'll retreat to the position they may well have started from, namely passive consumers of news. Or continue in an active online role but only on issues of low media visibility so as to avoid drawing attention to themselves. All of this is inimical to a healthy democracy of well-informed and actively involved citizens.

Consider the practicalities of request for correction to a social networking website: first see the request (a day at the beach or illness might become very expensive indeed), then locate the author (ditto), then check the content (how can second-hand information be quickly and effectively verified?), then decide whether the request for correction is justified (natural tendency to issue corrections each time just to be on the safe side?), then (having carefully weighed all the relevant issues) perhaps issue the correction. All within 48 hours. Power cut? Tough luck! Server down? Your problem! A post on my website by someone I don't know on an issue I'm not interested in while I'm off scuba-diving and I'm on the hook for 12,500 euros? This isn't law-making worthy of a modern democracy, it's robbery with intimidation.

 

29th July    Seeing Red...


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Bullfighting banned in Catalonia from 2012

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Posters Pablo Picasso Matador femmeGenerations of matadors have strutted their way across Barcelona's Monumental bullring, drawing roars of approval from the crowds as they tormented the hulking bulls with their scarlet capes before killing them with a sword-thrust between the shoulder blades.

But now bullfighting is to be banned from Barcelona and the rest of the north-eastern region of Catalonia after the local parliament dealt a blow to Spain's most emblematic pastime and unleashed a political battle over what some see as a threatened cultural treasure.

Deputies voted by 68 to 55 in favour of a people's petition calling on the bullfight to be banished from a region that once played host to some of the world's greatest fights. The last matador in Catalan history will sink his sword into the last half-tonne fighting bull at the end of next year, with the ban starting in 2012.

It is the worst attack on culture since our transition to democracy, said the Catalan poet Pere Gimferrer.

While some mourned the loss of a cultural jewel, the vote was hailed by animal rights campaigners worldwide. Ricky Gervais and Pamela Anderson were among the 140,000 who signed an international petition to the Catalan parliament.

In general the bullfight has been in decline in Catalonia for decades. There is only one major ring functioning in Barcelona, with just 15 fights a year. The city's other emblematic bullring, Las Arenas, is being turned into a shopping arcade.

A petition calling for the ban to be extended to the capital of Madrid, home to the world's most famous bull-ring, Las Ventas, has 50,000 signatures. But there is little prospect of success. The regional government, like that of Valencia, has declared the bull-fight to be a part of its protected cultural patrimony.

 

28th July    Exposed Sensitivities...


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Author ordered to pay damages over book revealing a family's life in Kabul

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gpNorwegian journalist Åsne Seierstad, author of international bestselling novel The Bookseller of Kabul, has been ordered to pay 125,000 kroner in damages for invasion of privacy.

The Bookseller of Kabul is descriptive of the lives of fundamental Islamic people and touches on aspects such as honor killings and prostitution, as well as the main character's and his family's thoughts.

According to Celebrity Café magazine, Suraia Rais, wife of the real bookseller, accused Seierstad of using inaccurate information in her book regarding her family's personal lives and relationships.

Oslo District Court (Tingrett) decided that The information (in the book) about Rais's thoughts and feelings is sensitive, reports Dagbladet. The court also ruled against Seirstad's publisher, Cappelen Damm, who is also obliged to pay the plaintiff a further 125,000.

Seirstad's lawyer, Cato Schiøtz, says he was astonished by the ruling and was determined to advise his client to appeal the decision

Seierstad wrote the novel after living with the Rais family for three months in 2002 after the fall of the Taliban.

A few more clues about the contended sensitivities may be found in a review on UK Amazon: Penetrating, prejudicial and convincing - a unique read

Sultan Khan is the head of a prosperous Kabul family. A bookseller by trade, he has seen his books burnt by one regime, defaced by another, then burnt again. As the Taliban regime falls in 2001, he meets Norwegian war correspondent, Seierstad. They agree that Seierstad should live with his family for several months. This book is the stunning result.

It reads like fiction -- penetrating, prejudicial and convincing but, although names have been changed, it is an honest, warts and all, account of life in Kabul. Khan, seemingly urbane, educated and liberal, is the tyrannical head of large family – mother, siblings, two wives and five children. Khan's subjugation of the women in his family is shocking from a Western point of view: As Seierstad moves into his home, Khan takes a second wife, a sexy, uneducated sixteen-year-old, dishonouring and cutting to the quick his loyal and educated first wife: his youngest sister is treated as little more than a slave. And it is this that is the meat of the book; the personal power struggles that exist within the family – struggles which Khan will always win.

The shocking portrait of women's lives, even under the liberalising regime of Afghan leader Karzai, is frightening, repulsive even from a western perspective, but there is nothing here to suggest that Khan is anything other than a typical head of the family. His mother, sisters, wives and daughters, seem to lose identity under the burqa, which hides not only their femininity and personality, but also their imaginations. Not here will you find justification of the regime: these women resent, in different ways, their position.

 

27th July    Cartoon Justice...
 
Sweden imposes first fine for the possession of dangerous cartoons

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Sweden flagA Swedish translator of Japanese manga comics has been fined by a Swedish court for possession of drawings depicting children engaged in sexual acts.

The ruling is the first of its kind in Sweden and has sparked a heated censorship debate.

The translator at the centre of the case was found guilty of possessing child pornography after downloading 51 manga images from the internet.

Judge Nils Pålbrant conceded that the decision to fine the translator, though unanimous, had raised a number of thorny issues.

There's a clear conflict between freedom of speech on the one hand and general regulations regarding children's rights on the other, he told local newspaper Upsala Nya Tidning: It was however our view that the protective aspect weighed more heavily when taking into account the intentions of the legislator. The aim of the law, as described in the preliminary work that led to its creation, is not just to protect individual children but children in general.

But the case has polarized opinion in Sweden. In an editorial published on Thursday, tabloid Expressen gave its backing to the translator: However unpleasant and nasty a work of fiction might be, and whatever one thinks about Japanese porn involving cartoon children, there is actually no victim here. The children in the Uppland man's manga comics were not molested since they were characters in a comic.

The translator's lawyer, Leif Silbersky, expressed surprise at the June 30th ruling and has lodged a formal appeal on behalf of his client: It goes against all common sense. These are just drawings; no children have been harmed.

Judge Pålbrant said he too would welcome a second opinion from the Court of Appeal due to the precedential nature of the case.

 

21st July  Update:  Coming Unstitched...
 
After banning an 'obscene' play, Malta notices it being performed in Edinburgh with just a 14 rating

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 full story: Stitching...Maltese censors ban stage play Stitching

Stitching Modern Plays Anthony NeilsonStitching, the play banned from being staged in Malta last year, is set to be performed at the popular Edinburgh Fringe Festival next month with a 14 rating.

A spokesman for the Fringe told The Sunday Times it was the performers themselves who gave an age rating to the works they staged, but these were just guidelines.

When it first was staged at the Edinburgh Fringe in 2002, The Guardian reported that some audience members had walked out of Anthony Nielson's play, which focuses on a couple dealing with the loss of a child.

Chris Gatt, director of the Maltese production, said he was not surprised at the self-imposed 14 rating: It proves what we've said all along. It was an entire fuss for nothing. Obscenity is in the eyes of the beholder, not in the script - and this is why plays like Stitching keep being performed.

He said he could not understand why Scottish audiences should be subjected to a different cultural and moral benchmark than the Maltese. Citing as examples local plays like Chat Room (which was given a 16 rating in Malta, when it is meant to be performed by, and for, 14-year-olds), he said local classification needed a radical overhaul. In several countries, not only had stage censorship long been abolished, but so had classification.

Writing in The Times, Culture Parliamentary Secretary Mario de Marco underlined the need to find a way of better protecting the freedom of artistic expression: Do our laws reflect 21st century realities? Are they too draconian in nature, giving perhaps too much power to the Classification Board?

 

18th July    Arse Over Tit...
 
Malta increases penalties for obscenity before defining what obscenity means

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Malta flagThe Maltese parliamentary committee set up in January to define what constituted an obscenity is still at the initial stages, according to Labour MP Owen Bonnici, who had pushed for its establishment.

Dr Bonnici, who sits on the committee with MPs Evarist Bartolo, Beppe Fenech Adami and Francis Zammit Dimech, said there had been preliminary talks but he hoped work shifted up a gear soon and was optimistic there would be progress.

The definition of what constitutes an obscenity, last updated in 1975, became even more pertinent this week after an amendment to the Criminal Code came into force on Friday raising the maximum penalty for distributing or displaying pornographic or obscene material from imprisonment for six months and a fine of €465.87 to 12 months and a fine of €3,000. The amendment law was approved unanimously in Parliament on June 15.

The Front Against Censorship lambasted the changes, pointing out that, in the absence of a clear definition of obscenity, the law could be used to prosecute cases such as that of student editor Mark Camilleri and writer Alex Vella Gera, who landed in court over a satirical story detailing the sexual exploits of a man in explicit language on issue eight of campus magazine Ir-Realtà.

The Front said it was disappointed at the fact that instead of repealing the harsh prison terms, which would be the shame of any European nation, the law has actually been amended to increase them. Whoever voted in favour of this Act not only agreed with the draconian proceedings taken against the student newspaper but also wanted to punish such activities more harshly.

It suggested changing the definition of pornography from work featuring the exploitation of, or unnecessary emphasis on, sex, criminality, fear, cruelty and violence to any product which graphically depicts sexual acts with the intent of causing sexual arousal.

It also called for the removal of articles in the Criminal Code imposing a jail term for anyone vilifying Catholicism or any cult tolerated by law as well as the abolition of the centrally-appointed classification board for drama and film, calling instead for a list of publicly available established and transparent criteria, updated in the light of the international situation, to be used during the classification process.

Moreover, it called for the removal of article 7 of the Press Act which lays down a jail term of up to three months for directly or indirectly injuring public morals through the media.

Finally, it called for a removal of the wording of article 13 in the Broadcasting Act which says that 'nothing is included in the programmes which offends religious sentiment, good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling' and replace it with a paragraph which allows such mentioned content from 10 p.m. onwards.

 

14th July    Funeral March in Mourning of Maltese Art...
 
Protest against ban on artist

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stankovskiPaintings by Aleksandar Stankovski have been banned from being exhibited during the Gozo Arts Festival after a report was filed to the Ministry of Gozo.

Yet these paintings had already been exhibited in Macedonia without problems.

Isn't it ironic that while Malta is supposed to be celebrating culture through The Malta Arts Festival, art is still being censored? the Front Against Censorship asked.

It is therefore holding a Funeral March of Art – symbolising the dying state of the arts in our country as a result of censorship.

State censorship creates a sense of fear, self-censorship, and takes away our civil liberties, FAC affirms. We will NOT tolerate the death of artistic freedom!

The march will start from City Gate, Valletta at 10.30am on Saturday 24 July. It is expected to proceed halfway down Republic Street, up Merchant's Street and stop in front of the Culture Ministry.

Participants are invited to wear black in mourning of Maltese art.

 

13th July    Minister of Censorship...
 
Dutch injustice minister proposes ban on very violent video games

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ernst hirsch ballinDutch gamers have started a petition started against the Dutch Minister of Injustice, Ernst Hirsch Ballin who is seeking criminal prohibition of extremely violent imagery, including videogames.

Ballin seemed to specifically focus on games in his proposed banning, according to an article from Dutch gaming site Bashers. In a letter to the house, Ballin, who intimated that banning violent games would be easier and draw less resistance than banning violent movies, wrote that games allow players to identify with the aggressor and to be continuously involved in violent action.

Apparently many of Ballin's ideas in his letter were based on a 2007 book called Media Violence and Children from author Peter Nikken. Nikken said that he found it strange that the Minister would say that games would be worse than movies. He accused Ballin of using some of his book's quotes for impact, while ignoring other nuances.

Gamers appear to have a friend in MP Tofik Dibi, who posed some challenging written questions for Ballin.

The Stop Burning Books 2.0 petition now has 2,323 signatures.

 

11th July  Update:  Selling Cyber Arms to China...
 
France and Netherlands question IT equipment sales to internet censors

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 full story: France Netherlands Anti-cenorship...Initiative against worldwide internet censorship

france netherlandsFrance and the Netherlands have called for international guidelines to prevent private firms from exporting high-tech equipment that could be used for Internet censorship.

Dutch Foreign Minister Maxime Verhagen said there must be concrete measures taken to ensure that the Internet remains a universal forum and singled out Iran for blocking access to anti-government websites.

We must support cyber-dissidents in the same way that we supported political dissidents, French Foreign Minister Bernard Kouchner told a meeting in Paris attended by some 20 countries including the United States and Japan.

France and the Netherlands plan to hold a ministerial-level meeting in October to flesh out the guidelines for firms who sell technology that could be used to suppress democracy.

Nobel Peace Prize winner Shirin Ebadi has accused German engineering giant Siemens and Finnish telecoms firm Nokia of supplying Iran with technology to help it suppress dissent. The firms have denied the charges.

Jean-Francois Julliard, from the media rights group Reporters Without Borders (RSF, accused French phone equipment provider Alcatel of selling bugging equipment to Myanmar. He also singled out networking giant Cisco for allegedly selling encoders to China.

 

11th July  Update:  Italy Gagged...
 
24 hour news strike over Berlusconi's press gag law

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 full story: Media Control in Italy...Silvio Berlusconi's media empire under fire

fnsi logoFriday saw a day without newspapers in Italy as reporters and editors went on a 24-hour strike. They were joined by radio, TV and some internet journalists.

The action was over a parliamentary bill proposing a law that Silvio Berlusconi's government claims safeguards privacy. Most of Italy's editors, judges and prosecutors say it is intended to shield politicians, and particularly the prime minister, whose career has been ridden with financial and sexual scandals.

The so-called gagging law would curb the ability of police and prosecutors to record phone conversations and plant listening devices. It would also stop journalists publishing the resulting transcripts. Investigators seeking to listen in on a suspect would need permission from three judges. Regardless of circumstances, eavesdropping warrants would expire after 75 days, after which they must be renewed every three days.

The National Magistrates' Association said it had very serious consequences: The fight against crime will be much more difficult for police and investigating magistrates, while the administration of justice will be overwhelmed by bureaucratic demands that will make the operation of the system objectively impossible.

The bill excludes mafia and terrorism investigations. But the police unions say it would cripple inquiries into offences such as moneylending and drug-trafficking which frequently lead investigators to organised criminals and terrorists.

The media would only be able to publish a summary of the findings of an investigation after it had ended. While that may be no more onerous a restriction than applies in Britain, the editor of Italy's biggest-selling daily, Corriere della Sera, Ferruccio de Bortoli, argues it is a bill tailor-made to shield members of the government from unwelcome investigation.

The gagging law is to enter the last stage of its parliamentary journey on July 29.

 

4th July  Update:  Premier Privacy...
 
Berlusconi's press gag law under widespread fire

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 full story: Media Control in Italy...Silvio Berlusconi's media empire under fire

fnsi logoMore than 1,000 Italian journalists gathered in Rome to protest against a law that curbs police wiretaps and imposes fines on news organisations that publish transcripts.

The prime minister, Silvio Berlusconi, claims the new rules are needed to protect privacy.

The Italian National Press Federation has called a strike for 9 July in protest.

Opposition parties accuse Berlusconi of trying to cover up corruption with a tailor-made law to shield him from prosecution while in office.

The US justice department has expressed concern over the law's effect on investigations of organised crime.

 

1st July  Update:  Stitched Up...
 
Judges offended by the play Stitching banned in Malta

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 full story: Stitching...Maltese censors ban stage play Stitching

Stitching Modern Plays Anthony NeilsonMalta's Civil Court has found that the Film and Stage Classification Board did not violate freedom of expression when it banned the play Stitching last year.

The play, penned by Scottish writer Anthony Neilson, addresses such themes as death and abortion.

The case was instituted by Adrian Buckle, Christopher Gatt, Maria Pia Zammit, Mikhail Basmadjian and Unifaun Theatre Productions Ltd against Teresa Friggieri, the prime minister, the Police commissioner and the Attorney General.

The producers had pleaded that the banning of the play, in January last year, violated their fundamental right of freedom of expression.

They also pointed out that the script of the play was freely available in Malta and the play had been staged in many other European countries.

They called for the classification of banned to be replaced by another classification which would enable the play to be staged.

But the court said it had no hesitation in saying that the decision of the board was correct and according to law:

There was nothing unreasonable in the board having viewed the play as being offensive to the culture of this country in its broadest sense.

It was not proper, even in a democratic and pluralistic society as is Malta's, for the lows of human dignity to be exalted even on the pretext of showing how a couple could survive a storm.

One could not make extensive use of language which was vulgar, obscene and blasphemous and which exalted perversion and undermined the right to life. Neither could one undermine the dignity of women including the victims of the holocaust, reduce women to a simple object of sexual gratification, and ridicule the family.

A civil, democratic, and tolerant society could not allow its values to be turned upside down simply because there was freedom of expression.

The court said the board was right to view the play as exalting perversion as if it was acceptable behaviour. Bestiality, the stitching up of a vagina as an act of sexual pleasure and having a woman eat somebody else's excrement, rape and infanticide were unacceptable, even in a democratic society.

Furthermore, the fact that a person was allowed to blaspheme in public, even on stage, went against the law.

The court therefore found that there had been no violation of fundamental human rights as enshrined in the Constiuttion and the European Convention of Human Rights when the play was banned.

Appeal

Based on article from timesofmalta.com

The producers of the play Stitching have declared that they will appeal from a Court judgment which upheld a decision by the Stage and Film Classification Board to ban the production.

The ban had caused an uproar, sparking months of discussion. The play's producers, Unifaun, had claimed their freedom of expression was being denied but the court yesterday disagreed. They have said they would, if necessary, even take the case before the European Court.

An Affront to Freedom

Based on article from independent.com.mt

Malta's Front Against Censorship has lashed out at the court’s decision to ban the play Stitching, saying that the play does not offend public morals because blasphemy and vulgar language are now part and parcel of adult plays.

The group argued that banning the play verges on the ludicrous, because people know beforehand what they are letting themselves in for before attending the play. In a statement, the group further criticised one of the court’s decisions to ban the play because its plotline does not fit with attitudes and values typical of Maltese society. Since the play was classified as containing adult material, banning the play outright, when it has been performed in a host of other countries, is discriminatory and unacceptable, the group argued.

Front Against Censorship concluded by calling on a new legislation which would clear the air on what theatrical performances and works of art in Malta can and should be censored, and what should not.

 

30th June  Update:  Hotbird Jammed Shut...
 
Eutelsat asked why they gave in to Iranian jamming and censored the BBC and Voice of America

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 full story: Iran Jams Western Media...BBC, Voice of America and Deutsche Welle

Eutelsat logoThe French satellite operator, Eutelsat, should share any policies and procedures it has in place explicitly to safeguard freedom of expression when dealing with governments that systematically engage in censorship, Human Rights Watch said. It should also explain its decision to suspend certain Persian-language programming from its most popular satellite after Iranian authorities began jamming its signals earlier this year.

In a letter sent to Eutelsat on June 25, 2010, Human Rights Watch repeated its requests for more information regarding the company's efforts to counter Iran's jamming of satellite signals carrying Persian-language broadcasts from BBC Persian TV and Voice of America. Human Rights Watch sent an initial letter to Eutelsat on February 8 asking the company to explain its decision to suspend the programs from its popular Hotbird 6 satellite.

A follow-up letter with additional questions, including a request for information regarding Eutelsat policies and procedures in place to protect freedom of information, was sent to Eutelsat on March 17.



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