STATES OF CONTROL: COVID, CUTS AND IMPUNITY - SOUTH ASIA PRESS FREEDOM REPORT 2019-2020 - IFJ
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STATES OF CONTROL: COVID, CUTS AND IMPUNITY SOUTH ASIA PRESS FREEDOM REPORT 2019-2020 18TH ANNUAL SOUTH ASIA PRESS FREEDOM REPORT 2019-2020
2 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 3 CONTENTS Cover Photo: AFP photographer Sajjad Hussain works near India Gate during a government-imposed nationwide lockdown as a preventive measure against the spread of the Covid-19 in New Delhi on April 9, This document has been produced 2020. The Indian government’s by the International Federation of response to Covid-19 has led to Journalists (IFJ) on behalf of the controls on media and journalists South Asia Media Solidarity Network (SAMSN). being denied access to public interest information. FOREWORD 4 Afghan Independent Journalists’ Contents Photo: Journalists in Kashmir Association Bangladesh Manobadhikar Sangbadik use a cramped, makeshift media OVERVIEW 5 Forum centre during the internet shutdown to Federation of Nepali Journalists file stories. Free Media Movement, Sri Lanka Indian Journalists’ Union UNESCO is pleased to support the SPECIAL SECTIONS South-Asia Press Freedom Report Journalists Association of Bhutan Maldives Journalists’ Association 2019-20 with limited financial assistance. However, since this report THE PANDEMIC AND 9 Media Development Forum Maldives National Union of Journalists, India has been independently developed THE PRESS by the International Federation of National Union of Journalists, Nepal Journalists, Asia Pacific, therefore, Nepal Press Union UNESCO has no influence over DIGITAL CONTROL 12 Pakistan Federal Union of Journalists the content. The author(s) will be Sri Lanka Working Journalists’ Association responsible for the choice and the presentation of the facts contained SWITCHED OFF 16 in the paper and for the opinions South Asia Media Solidarity Network (SAMSN) – Defending rights of expressed therein, which will not be necessarily those of UNESCO and do COUNTRY CHAPTERS journalists and freedom of expression in not commit the Organisation. South Asia. samsn.ifj.org/ The designations employed and the AFGHANISTAN 20 presentation of the material throughout The SAMSN Digital Hub – https:// this book will not imply the expression BANGLADESH 26 samsn.ifj.org/map/ provides a listing of any opinion whatsoever on the of all known cases of media rights violations from 2014 to 2020. part of UNESCO concerning the legal status of any country, territory, city or BHUTAN 34 Editor: Laxmi Murthy Executive Editor: Jane Worthington area, or of its authorities or concerning the delimitation of its frontiers and INDIA 38 boundaries. Special thanks to: MALDIVES 48 Ujjwal Acharya CC-BY-SA license Simon Beck Sangay Choki NEPAL 54 Open Access is not applicable to non- Sunanda Deshapriya Dilrukshi Handunnetti IFJ copyright photos in this publication. PAKISTAN 60 Viranjana Herath Sabina Inderjit SRI LANKA 68 Pulack Ghatack Ashraf Khan Bedabrata Lahkar Melanie Morrison MEDIA RIGHTS 76 Hujatullah Mujadidi MONITORING REVIEW Sukumar Muralidharan Moazum Mohamad Ifham Niyaz Sameera Pillai JAILED AND DETAINED 80 Umesh Pokharel Zaheena Rasheed JOURNALISTS IN Adnan Rehmat Geeta Seshu SOUTH ASIA Frank de Soyza Malini Subramaniam Aziz Ahmad Tassal LIST OF MEDIA 82 Rinzin Wangchuk RIGHTS VIOLATIONS Designed by: LX9 Design by Journalists’ Safety Indicators (JSIs), Images: With special thanks to Agence May 2019 to April 2020. France-Presse for the use of images SUPPORTED BY: Afghanistan, Bangladesh, throughout the report. Additional photographs are contributed by IFJ Bhutan, India, Maldives, affiliates and also accessed under Nepal, Pakistan, Sri Lanka a Creative Commons Attribution Non-Commercial Licence and are acknowledged as such through this report. INTERNET SHUTDOWNS 92
4 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 5 Journalists protest the world’s longest internet shutdown that has FOREWORD OVERVIEW affected the regions of Jammu and Kashmir since August 5, 2019, and remains ongoing in the control of 4G high speed mobile internet. S outh Asia has always been a challenging place for journalists continue to campaign for justice. journalists. This year it got even tougher. In the period under review, the IFJ and its affiliates As the world and its media comes to grips with and documented 219 violations against the media. This includes responds to the immediate global health crisis consuming 52 jailings or detentions, 90 threats to the lives of journalists, it in every sense, the flow-on impacts socially, politically 65 non-fatal attacks, 35 threats against media institutions, 8 and economically just keep coming. gender-based attacks and 82 threats or attacks on rural, regional For South Asia’s media, this “great confinement” is also or minority journalists. challenging freedom of expression in ways never seen before in In India and Bangladesh, journalists came under fire while one of the world’s most populous regions. It has put journalists covering civil disturbances and protests. In Sri Lanka and in the thick of an invisible viral war as essential workers for truth Afghanistan, the fight for safe access to information continued and freedom of expression; reporting on a crisis with impacts amid tumultuous elections. In Nepal and Pakistan, the battle and unfolding dimensions unseen in our collective lifetime. against a heavy legislative hand was waged. While in Bhutan and But during this time, we’ve also seen media do what they do the Maldives, the challenge for survival of a small but critical best: inform, hold governments to account, educate, and shine a media was never so great. light for broader society to defend democracy. And all this in the Plummeting media revenues saw the mass shedding of more face of states grabbing every opportunity to expand authoritarian than 3,000 journalist jobs in Pakistan too, while harsh online controls and increase state and corporate surveillance. controls saw Kashmir take the mantle for the world’s longest This pandemic has not only exposed media workers to physical vulnerabilities, it has also put them in the firing line of communication shutdown in a democracy. government-imposed controls on reporting and movement. The But, as this report also shows, amid Covid-19, cuts and contagion of economic fallout, has also decimated an already controls, South Asia’s media and the unions and networks that battered media sector, with many companies reducing hours, defend it persevered, standing together in solidarity to disrupt holding back salaries or simply sacking their media staff outright. authoritarian narratives. This 18th annual review of journalism in the region, States of In this war against them and truth, they have continued to Control: Covid, cuts and impunity traverses the complex experience push back, defend media rights and stand up against states of of this region’s media – already confronted with religious control. extremism, authoritarian governments, digital disruption and communication controls. It documents the challenges as well as some of the triumphs. It monitors the attacks, detentions Jane Worthington and killings and the ongoing battle against impunity where Director, IFJ Asia-Pacific A s the novel coronavirus made a deadly sweep across the and ethnic polarisation and promises of national security saw the globe from the beginning of 2020, governments in South hardening of divisions among communities on religious lines, Asia tightened their iron grip over the media and democratic which spilled over into the media with vicious consequences. institutions. Even as the viral spread was declared a In India, a storm of protests against the controversial pandemic, the region saw an equally dangerous spread of Citizenship Amendment Act – seen to be violating the fake news, increasing digital controls by governments, restricted secular constitution – across the country, polarised religious access to information, Islamophobia, police high-handedness, communities in unprecedented ways. In the run up to the amped up surveillance, curbs on movement and detentions. assembly elections in Delhi, the capital witnessed violence along Fundamental freedoms were curbed in the name of a public health communal lines, with sections of the media in the forefront crisis, and authoritarian measures implemented, including a clamp of fanning the flames and others attempting to douse violent down on citizens’ rights during a police-enforced lockdown in Islamophobia, with journalists from minority communities India and an official ‘police curfew’ in Sri Lanka. themselves facing intimidation and attacks. The media had the task of reporting the growing humanitarian In Sri Lanka, growing militarisation and a hardened national crisis, working in difficult circumstances and amidst security discourse once again wields immense influence over unprecedented physical curbs due to lockdowns and restrictions, civilian life. Despite some gains made in recent years, the Sinhala- particularly in containment zones. The Covid-19 crisis has Buddhist supremist ideology continued to have a vice-like grip exacerbated existing fault lines in the precarious freedoms that on the media, which remains in too many cases vehemently the South Asian media has fought for and the most vulnerable are pro-government, with only a few notable exceptions. The months now taking the first beating. leading up to the presidential election as well as the period The lack of safety for journalists, highlighted by poor working following it saw a spate of arrests, intimidation and harassment conditions – many media houses took days and even weeks to along cleavages already sharpened by the ethnic polarisation procure personal protective equipment (PPEs) for their staff in following the Easter Sunday bombings. the midst of lay-offs, salary cuts and forced leave without pay. Polarisation of the media, particularly the private media South Asia’s moniker, “the most dangerous place” for journalists and the biased election reporting became a highly contentious continues to be the unfortunate reality. Sixteen media workers issue during the presidential election. Muslim journalists lost their lives and a total of 219 violations were recorded, became victims of discrimination, hate speech and heightened including targeted attacks, threats and legal cases. surveillance. Anti-minority rhetoric continued to dominate all discussions on the Covid-19 pandemic. As the UN Special Rapporteur on Freedom of Religion or Belief REGIONAL TRENDS in his report on Sri Lanka to the 43rd session of the UNHRC noted, “The culture of impunity in Sri Lanka has been repeatedly A Pakistani journalist wearing a protective facemask uses his mobile phone POLLS AND POLARISATION pointed out as one of the main reasons for which religious outside the Aga Khan University Hospital in Karachi on February 26, 2020. In the past year, hyper-nationalist strongmen were reinstated in extremism and hate speech thrive in the country, undermining CREDIT: ASIF HASSAN / AFP India and Sri Lanka. Electoral victories predicated on religious the rule of law and human rights.”
6 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 7 ELECTORAL VICTORIES PREDICATED ON RELIGIOUS AND ETHNIC The presidential election in Afghanistan, which ended in a Above from left: Farida Nekzad, from the Afghanistan Independent POLARISATION AND PROMISES OF NATIONAL SECURITY SAW THE Journalist Association (AIJA), speaks at the IFJ-FES Future Organising and fractured outcome was marked by deep divisions and questions about the legitimacy of the Afghan government. The media, Digital Strategies Meeting in Kathmandu in Nepal in November 2019. CREDIT: JANE WORTHINGTON HARDENING OF DIVISIONS AMONG COMMUNITIES ON RELIGIOUS LINES, rife with competing vested interests from the government to the Taliban, faces a crisis of credibility among the public and a critical survival instinct that leads to wide-ranging self- FNJ executive members discuss responses to Covid-19 in Nepal in online meetings – the new normal for unions in the region. FNJ developed WHICH SPILLED OVER INTO THE MEDIA WITH VICIOUS CONSEQUENCES. censorship. High levels of threats, intimidation and attacks on guidelines for reporting and journalist safety during the pandemic and subsequent lockdown in Nepal. CREDIT: FNJ media persons and media houses by the Taliban during and following the protracted peace talks strongly marked the period Following massive job losses and non-payment of wages crisis, the IFJ shutdown was the shutdown in Jammu and Kashmir, which began on August 4, 2019. Despite the vital role of the internet ECONOMIC SIEGE conducted an urgent mission to Pakistan in February 2020 led by IFJ in containing the Covid-19 pandemic, full access to high speed Already in the grip of a slowdown, South Asia, like the rest of under review in Afghanistan with some media choosing to quit Deputy General Secretary, Jeremy Dear, to push for urgent discussions on internet access continues to be blocked for reasons of “security”. the world is soon going to face its worst crisis since the Great their jobs than face ongoing serious threats. the crisis confronting the media industry in the country. CREDIT: PFUJ Tiny dents in impunity Depression of the 1930s. Governments in South Asia, already The lack of accountability for murders and attacks on reeling under a financial crisis exacerbated by the Covid-19 MANUFACTURING CONSENT journalists across the region is one of the reasons why these pandemic, have shown little inclination to shore up the Intolerance to dissent marked the year in India, with two collapsing the media industry. draconian laws made even more repressive. Amendments to the DIGITAL DISRUPTION AND WEB CONTROL assaults are ongoing. In Sri Lanka, several landmark cases of murder, disappearance Whether it is tiny Bhutan, where dire straits have forced seven Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA) South Asia’s thriving digital news media has been spurred as more newspapers to down their shutters in 2019, or a mammoth and assault of journalists and human rights defenders between and the National Investigation Agency Act (NIA) have direct much by increasingly accessible and cheaper technology as well country like India where the media is in frightening freefall, the 2009 to 2015 are pending at various stages of investigation or implications for the media and can impinge upon freedom as the ongoing dismantling of legacy media. Newsgathering and media in South Asia walks the edge, trying to maintain the fine trial. In a small step forward, in November, indictments were of speech and expression. Applied indiscriminately across the dissemination have undergone a massive transformation driven balance between financial sustainability and unfettered truth filed against seven army intelligence officers in connection with country and most recently against two Kashmiri journalists, by technology as well as changes in readership and revenues. telling. Shored up by government advertisements and corporate the abduction of journalist Prageeth Eknaligoda back in 2009. these strengthened counter-terror legislations in addition to Even as the digital news media scrambles to retain basic tenets revenue, few media houses can afford to displease governments or Another breakthrough was in the case of attempted murder of existing public security laws with sweeping powers, contribute of journalism in the emerging scenario, governments resort to corporate houses. One fallout of the dependence on government former editor Upali Tennakoon. Nearly ten years on, an army to self-censorship and control. Besides these, other criminal newer ways of control. funds is the troubling trend of self-censorship in both state- officer was found to have been involved in the attack. Surveillance, censorship and control over the digital space laws, including defamation suits were slapped on journalists In Pakistan, the death sentence of British-born Ahmed Omar owned and private media organisations in Sri Lanka. in South Asia certainly predated the pandemic, and countries whose stories displeased those in power. Saeed Sheikh, who had been convicted by an anti-terrorism The media in Pakistan operates in a difficult environment across the region were given more rope to tighten existing The ironic misuse of the International Covenant on Civil court for kidnapping and murdering US journalist Daniel Pearl in as a routine. The national economy was tanking, media regulations. The ghastly Easter Sunday attacks in April 2019 and Political Rights (ICCPR) Act in Sri Lanka intended to 2002 was reversed. The Sindh provincial government promptly revenues plummeting, and various media had laid off over 3,000 in Sri Lanka resulted in the blockage of access to social media prohibit incitement of discrimination, hostility or violence on filed an appeal in the Supreme Court of Pakistan against the journalists over 2019-20. The Covid-19 situation has made the to prevent incitement of communal violence, and a month religious grounds was another attack on free speech. Covid-19 downgrade of Sheikh’s punishment from death to life term and situation worse., The government, the largest source of revenue later, dissemination of ‘false news’ that could affect communal also revealed governments’ anxiety about investigative reports from life-terms to acquittal of Sheikh’s co-accused Salman Saqib source for the media, stopped the release of advertisements to harmony or state security was criminalised. and had them resorting to measures to control the narrative. and Fahad Nasim. Two days later, the High Court re-arrested the newspapers and TV channels, including the daily Dawn and Geo In Pakistan, the government’s move to control the vibrant Strict legal action was threatened against media organisations accused pending filing of the appeal against the acquittal. TV and Jang Group, the largest media company that gave space to social media by enacting the Citizen Protection (Against Online that ‘criticize’, point out ‘minor shortcomings/failures’ or ‘scold/ Harms) Rules met with outright rejection from social media In the 37 cases of murders and disappearances in Nepal since voices of dissent and opposition. chastise’ state officials performing their duties. companies who threatened to pack up and leave rather than 1997, mostly during the Maoist insurgency, only in five cases of The domino effect of non-payment of dues was a severe In Bangladesh, under fire on social media for its dealing succumb to government control. murder has justice has been delivered. The long arm of the law financial crunch which was passed on to journalists and media with the coronavirus pandemic, the government arrested critics India, the leader in digital control saw a surge in “takedown” finally reached back to the 2007 murder of journalist Birendra staff now burdened by mass layoffs, salary delays and cuts. under the draconian Digital Security Act. Widespread criticism requests of content on TikTok and Facebook. From heightened Sah and a former Maoist cadre was arrested for his involvement Untimely deaths of laid off media workers due to stress and over a government move to monitor television channels for regulation of intermediaries and digital media portals; increased in the murder. hopelessness and the deteriorating working conditions of media “rumours” and “propaganda” regarding Covid-19 resulted in the surveillance and access to citizens’ data to seeking traceability of In the Maldives, President Solih’s promise to end impunity, workers prompted an IFJ mission to the country in an effort to circular being hastily withdrawn. end-to-end encryption ostensibly to crack down on ‘fake news’, bring perpetrators to book, and introduce safety mechanisms bring both national and regional governments to the table. A In Nepal, where journalists face arrest and detention on frequent and prolonged internet shutdowns and a proposed seemed to be borne out by not a single murder, disappearance, resolution adopted during the mission emphasised job security flimsy pretexts, the legal environment was in threat of further legislation supposedly to protect personal data, the government abduction or physical assault in his year and a half in office. The and decent wages for working journalists as priorities. deterioration with the drafting of two controversial bills: the has systematically encroached on digital rights. government-appointed presidential commission to probe the The Indian media is passing through one of the most pressing Information Technology Management Bill which could curb free The Digital Security Act in Bangladesh continued to be disappearance of journalist Ahmed Rilwan Abdulla in 2014 and times in its history, with financial instability being borne by expression online and the Media Council Bill which proposes misused to muzzle critical voices, but a recent challenge in the the 2017 murder of blogger and digital activist Yameen Rasheed those at the lowest rung. The mass retrenchments come at a time “licensing” for journalists and heavy fines for “breach” of a code High Court questioning the constitutionality of this draconian found new evidence to suggest that previous president Abdulla when labour laws have been systematically weakened through of conduct. Both these provisions were dropped after prolonged law might have significant implications for freedom of expression Yameen and his deputy Ahmed Adeeb attempted to scuttle the successive amendments and no safety net exists for laid-off media protests by the FNJ, Nepal Press Union and other civil society in the country. investigation. Even as the probe drags on and political charges are workers. A petition filed by journalists’ unions was admitted to organisations. The dubious distinction of the longest running internet traded, the affected families await closure and hope for justice. the Supreme Court.
8 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 9 IN SRI LANKA, SEVERAL LANDMARK CASES OF MURDER, DISAPPEARANCE AND ASSAULT OF JOURNALISTS AND HUMAN RIGHTS DEFENDERS BETWEEN 2009 TO 2015 ARE PENDING AT VARIOUS STAGES OF INVESTIGATION OR TRIAL. ACCESS TO INFORMATION In Afghanistan, the space for women in media remains extremely challenged to the point that social customs and Attempts to shape the narrative characterised all governments ongoing threats by anti-government elements have ensured that in the region. Lack of access to information was particularly no women journalists now work in at least 12 provinces. sharp in Afghanistan, where media outlets united to urge the The gaping ‘information’ divide between trendy urban government to ensure free flow of information, in a scenario centres and gnawing poverty and deprivation in rural South where the Taliban too attempts to control the narrative, Asia is growing, with the media catering to advertisers geared sometimes in violent ways. to urban audiences and removed from rural realities. While In defiance and frustration at the false promises of real access some niche alternate media focus on the forgotten villages of to information, Afghanistan’s media held a protest on February South Asia, mainstreaming these concerns has been Bhutan’s 8 criticising the obstruction of the free flow of information and unique response, with awards, grants and workshops for rural demanding the government to direct its officials cooperate in communities to promote rural journalism have been concrete information sharing with media. actions towards bridging the chasm. India’s strong Right to Information law witnessed a dilution Significant steps forward to strengthen ethical journalism which will have repercussions on access to information in the were taken by unions and press freedom organisations in Sri years to come. Courts in India however, came out in support of Lanka, by adopting a ‘Social Media Declaration’, pledging their the right to know, albeit with riders, when the Supreme Court commitment to fight any kind of discrimination and avoid denied the government’s call for prior censorship pf news related content inciting hate or violence. The adoption of a ‘Rights and THE PANDEMIC to the pandemic but did direct the media to ‘refer and publish Responsibilities Charter’ encompassing labour rights, the right official version of developments’. to association and organisation and the right to know engender hope that together we can be the change. Children stand in queue to collect food during the government- AND THE PRESS While the media in South Asia grapples with the challenges of PROMOTING ETHICS, BRIDGING DIVIDES reporting on the unprecedented lockdown that threatens to have imposed nationwide lockdown as a preventive measure against the COVID-19 coronavirus, in Kolkata, India, on April 12, 2020. Women were at the forefront of the profession in many countries a devastating and irreversible impact on the economy, politics CREDIT: DIBYANGSHU SARKAR / AFP in South Asia – in Bhutan, most newsrooms are staffed by and social relations, civil liberties must not be bypassed. women, and Indian women journalists have won accolades It is precisely in times of crisis that democratic rights must T for their coverage of issues ranging from communal riots to be protected, fundamental freedoms valued and press freedom he lockdowns and physical distancing measures put in place When advertising first started slowing with rising anxieties over corruption. Yet, there is a long way to go. A study in 2019 India promoted. Questioning, dissent and a robust independent media in varying degrees of severity in all countries in South Asia the economic slowdown in China, and then abruptly dried up partnered with UN Women found skewed gender representation are vital to check that governments do not use the pandemic had direct implications for the media. From self-protection with the nationwide shutdown, the news industry found itself in leadership positions. Sexual harassment and domestic violence to encroach upon hard won freedoms and to ensure that our and workplace safety, lack of protective equipment and cut adrift, without any means of negotiating choppy waters. continue to impede women’s entry and rise in the profession. communities come out of the lockdown with their rights intact. training, and reporting amidst physical barriers, journalists Negotiating the current crisis will involve reversing the course in the region learnt quickly and hit the ground running. set some three decades back, when the pursuit of profit through Journalists did a commendable job of exposing the unfolding maximising advertisement yield became the priority. humanitarian crisis, encroachment on citizens’ rights, policy The obvious solution is to aggressively start pricing online failures and also stories of touching humanity amidst the crisis. content. Yet, with several local governments decreeing a ban And all this while desperately trying to keep their jobs. on printed newspaper distribution through the health crisis, The lockdowns came as a severe blow to the news industry’s this strategy could potentially mean that newspaper titles financial basics. Global signals of peril had been emerging from could drop off audience radars. Several have nonetheless the early years of the century, as digital media began claiming retreated behind paywalls, or announced such intention, while a larger share of the advertising pie. But most of South Asia was providing free content ostensibly as a public service through buffered to some degree by growing newspaper readership – a the days of lockdown. consequence of both increasing literacy and affluence – and the The Indian Newspaper Society meanwhile has submitted a buoyant growth of advertising spending for close to two decades memorandum to the Indian government, demanding a number ending 2008. The virus cracked unambiguously exposed the deep of fresh concessions including import duty exemption for fissures in the media industry, whose lack of sustainability came newsprint; a two-year exemption from taxation; and an increase sharply to the fore. of 50 per cent in the rates paid for government advertisements. Journalists’ unions have underlined that the industry should not be allowed to default on its primary responsibility of On November 14, 2019 MEDIA INDUSTRY AT SEA safeguarding job security and ensuring regular wage payments journalist Dilrukshi Handunnetti On April 27, India’s Supreme Court admitted a writ petition filed through the crisis. reflects at the spot in by the National Alliance of Journalists (NAJ), the Delhi Union In Pakistan however, the digital media led the way in Colombo where her colleague of Journalists (DUJ) and the Brihanmumbai Union of Journalists converting what is a media production and operation crisis into Lasantha Wickrematunge (BUJ) demanding an end to job losses and salary cuts in the an opportunity. One way they did that would be to examine was murdered in 2009. No media industry. Notice was issued to the two apex industry any innovation around what they are doing that others are memorial marks where the organisations – the Indian Newspapers Society (INS) and the not, specifically in the context of Covid-19. Mainstream print Sri Lankan newspaper editor News Broadcasters’ Association (NBA) – asking for a response on establishments (facing distribution problems) and even current was murdered, one of dozens specific points about job losses and salary cuts. affairs TV channels which could not generate pre-outbreak levels of victims of “death squads” India’s newspaper industry, lulled into a sense of security, of field-based content rapidly beefed up their digital operations, allegedly linked to a frontrunner in the country’s November 16, chose a revenue model in which the subscriber paid little and reworking their websites and social media accounts to focus on 2019, presidential election. advertising contributed 65 to 90 per cent to total revenue. Covid-19 coverage. CREDIT: SIMON STURDEE / AFP
10 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 11 LOCKDOWN OF RIGHTS These details were lost in the tide of media outrage that GOVERNMENTS ACROSS SOUTH ASIA HAVE India awoke late to the Covid-19 threat, but then went the followed, which identified India’s largest religious minority as maximum distance. The public mood was already fearful and the source of infection, deserving of social ostracism and even ISSUED DIRECTIVES AGAINST FAKE NEWS the markets had begun to shed value. Following a day-long criminal sanction. In the days that followed, localities that public nationwide “voluntary” curfew on March 22, the Indian Prime Minister addressed the nation at 8 pm on March 24, to announce health authorities sought to access to carry out their screening and quarantine processes, witnessed unrest and the occasional ABOUT COVID-19 AND FOLLOWED UP WITH a complete lockdown all across the country starting within four hours, at the stroke of midnight. riot, fanned by rumours and fake news circulated on WhatsApp. With social trust at a low ebb, the effort to rein in the lethal SPECIFIC EFFORTS TO CONTROL THE India’s lockdown was the severest in scope, amounting to a complete paralysis of normal life. Yet India’s economic stimulus pandemic too suffered. In Sri Lanka, the anti-minority rhetoric whipped up by the FLOW OF INFORMATION. package to deal with the adverse consequences of economic Sinhala nationalist media and social media users blaming a paralysis was among the most modest, amounting to less than particular community for the epidemic prompted the Ministry one per cent of GDP, against 3 per cent or above in most countries of Health and Indigenous Medical Services to issue guidelines for man was arrested for spreading fake news on the virus. In India, a threatened by the pandemic and 9 per cent in the richer nations. reporting Covid-19, requesting the media not to mention race morphed UNICEF report that hand sanitisers were ineffective in Via video conference, India’s Prime Minister urged news or religion of infected persons or of those who die of it; not to killing the virus was widely circulated, and varieties of “natural” channel heads, newspaper owners and editorial heads, to publish photographs or show videos of infected persons without cures forwarded on WhatsApp groups. communicate key decisions “swiftly and professionally... through their permission and not to report in a manner that causes hatred In Pakistan, most newspapers cut down their pages. For In Sri Lanka, the anti-minority rhetoric whipped up by the Sinhala nationalist easy to grasp language” and also “counter pessimism and panic among people. mainstream media, Covid-19 has meant less content, and media and social media users blaming a particular community for the through positive communication”. This attempt to shape the epidemic prompted the Ministry of Health and Indigenous Medical Services often content that may not necessarily be useful for the people narrative was not entirely successful. to issue guidelines for reporting Covid-19 CREDIT: AWANTHA ARTIGALA @ in a time of enhanced need for reliable information. Such as Media personnel were given permission to move about during LITTLE PROTECTION AWANTHAARTIGALA clerics populating prime time TV talk shows and news bulletins the lockdown and over the first few days of the lockdown, the As elsewhere, access to the frontlines against the pandemic is one being thin on “news you can use” formats, especially since stories that dominated the headlines were of a mass movement of the challenges facing media personnel in South Asia where the government did not want criticism of its relatively poor of working people, mostly employed in the informal sector widespread lockdowns, stay-home orders and containment through its provincial committees, district chapters and also Covid-19 response performance. The overall impact has been a in India’s bustling cities. There was also a real possibility that zones restrict physical access. Secure access is another category through media houses in Kathmandu. FNJ has also coordinated diminishing in the quality and quantity of media. the harvest, by then due in some of India’s most productive of problem, since personal protective equipment (PPE) has been with health and humanitarian organizations to provide health The other grave concern was the denial of information, thanks agricultural regions, would be disrupted. Reports suggested a in short supply across much of the region. With the scarcity professionals for regular health check-ups. to censorship restrictions on communities in conflict. Despite mass flight to rural India in which essential norms of social situation dictating that available supplies be reserved for medical A common trend is the empowerment of police authorities several attempts and petitions to India’s Supreme Court, internet distancing were disregarded and for those who stayed back, care professionals media personnel have often had to disregard across the region – officially in a “Police Curfew” in Sri Lanka restrictions continued in Kashmir, with a renewed ban on high living in cramped quarters, recommended precautions against necessary safeguards, and journalists in several cities in India – which has sharpened an already tense equation between speed mobile internet. In Bangladesh, an internet blackout and possible infection were even more impractical. These reports contracted the virus. Of 167 journalists in Mumbai covering the the compulsions of enforcement and the task of extracting phone restrictions at Rohingya refugee camps obstructed the brought home a story of a rushed decision, careless about pandemic, 53 of them Covid-19 positive. Most of these were and reporting news from beneath the security lockdown. The work of humanitarian groups tackling the Covid-19 threat. This possible human consequences. reported asymptomatic. notice to media organisations issued by the Sri Lanka Police hit nearly 900,000 refugees in Cox’s Bazar and the Bangladeshi At the end of March, a public spirited group of individuals With businesses closed, even small-scale advertisements, threatening strict legal action against those who ‘criticize’, point host community, as the aid groups’ ability to provide emergency pressed a petition in the Supreme Court, pleading for credible including lifelines from the government, have dried up, out ‘minor shortcomings/failures’ or ‘scold/chastise’ state officials health services and rapidly coordinate essential preventive steps to safely evacuate migrant workers from cities and other adversely affecting routine operations due to logistical challenges performing their duties does not bode well for critical reporting. measures were severely hampered. transit locations where they may be stranded, and to provide (transport, etc), health and workspace safety issues – at least In Nepal, the media faced an entirely different attack: with the essential food and care for them. At the first hearing of the a dozen journalists and media workers have tested positive, Chinese embassy issuing a statement against Anup Kaphle, the petition, the government denied the existence of a crisis including eight at the ARY TV channel bureau office in Islamabad. VIRAL MISINFORMATION then editor-in-chief of The Kathmandu Post, for alleged persistent of internal migration and blamed the disruption on “fake Senior journalist Zafar Rasheed Bhatti died on April 26, 2020 after Countries in South Asia face like problems though differently bias. The statement issued unspecified threats against the paper news”, amplified through irresponsible media reporting. The testing Coronavirus-positive. While most media houses embraced manifest according to internet penetration, literacy deficits and for a column reprinted from The Korea Herald by former a former government urged the Supreme Court to order that the media the necessary social distancing, a significant part of the media relative levels of poverty. India with its proliferation of “smart- US diplomat that was critical of China’s response to the Covid-19 only report the official version of events in matters involving the staff had to work from home but feared being rendered redundant phones”, faces a potential overload of spurious information, epidemic. pandemic. While hesitating to go that far, the Supreme Court and preferred to risk themselves in the workplace and the field. while Pakistan with 35 per cent internet penetration has the There were also damaging fake news reports that mimicked did enjoin the media to take into account the official version of Given the looming threat of infection, the All Pakistan problem – as a digital rights campaign group put it – that these government notifications, including a supposed press release events in their reporting. Newspaper Employees Confederation (APNEC) to request the technologies are “still a luxury for many”. dated March 18, purportedly issued by the Prime Minister’s But with their treasuries drained, the Indian media may not be government to distribute safety kits and ensure medical treatment Misinformation and fake news have gone viral amidst the Office (PMO) of India, that restricted entry of Malaysians. in the best position today to push back against the government’s for media workers. By early April, the Pakistan Federal Union difficulties of authentic news reporting. Governments across Another was a notification purportedly making WhatsApp group relentless will to ensure that its version of events alone gains of Journalists (PFUJ) negotiated with the Punjab provincial South Asia have issued directives against fake news about moderators liable for messages written or forwarded on their traction among the public. government to extend a package for media persons affected by Covid-19 and followed up with specific efforts to control the flow groups. Covid-19, from monthly pensions to compensation for families of information. India’s first positive case in the southern Indian On March 20, India’s Ministry of Electronics and Information of journalists. Masks and protective gear was also to be provided state of Kerala, was reported “uncooperative” in providing travel Technology (MEITY) issued an advisory to all social media DANGEROUS POLARISATION to hawkers. All this was in addition to tax exemptions to media details. Contract tracing was done by accessing the individual’s platforms, that they were intermediaries under the Information By end of March, it was revealed that a religious congregation houses to get through the crisis. cell phone records. Though the final outcome may have been Technology Act, 2000, and needed to take down any content involving a significant number of overseas participants in the In Nepal, the Federation of Nepali Journalists (FNJ) issued benign, there are persistent fears about privacy violations and potentially violative of public order. Nizamuddin area of Delhi between March 13 and 15 had not guidelines on the ‘Dos and don’ts’ of reporting the pandemic, increased surveillance of citizens, especially under regimes that Non-profit organisations, civil society groups, lawyers, fully dispersed. Some of the participants had stayed behind, based on WHO guidelines, adapted to the local context. A co- do not set much store by public trust. The use of “electronic public policy professionals, technologists, social activists, others had travelled to various parts of the country. Some tested ordination committee headed by the FNJ President monitored fences” and stipulations that quarantined individuals should entrepreneurs, and citizens of India, expressed concern over positive for the virus and through contact tracing a trail of the situation in media houses and a Situation Report found provide real-time compliance reports by regularly posting what they called the “unwarranted, excessive, collection and infection was found stretching to various parts of India. Official that precautionary measures taken by the media houses for the “selfies”, have engendered new fears about privacy violations. processing of personal data of individuals” by the central and negligence and lacunae in communication were obviously to journalist were unsatisfactory: even in the office, the required Across South Asia, fake news reports proliferated about the state governments. “Although this is an extraordinary situation”, blame. Overseas participants had all entered on valid visas and distance was not maintained and journalists in some of the media viral spread and possible remedies. In Sri Lanka, a Facebook the statement warned, “care should be taken to ensure that none of them were screened on arrival. And even if the local houses did not have the necessary protective equipment.. post claiming that hot water and sunlight would kill the virus the personal information of individuals is handled securely government in Delhi had issued an advisory against large public In tandem with Nepal’s Ministry of Health and Population and went viral; in Pakistan, the photograph of a Chinese worker at and with due care respecting their privacy rights”. With minor gatherings on March 14, the police which is controlled by the the Red Cross, the FNJ distributed over 5000 masks, sanitizers, a hydroelectric project who visited a hospital with a stomach qualifications, these apprehensions were shared by media and national government, had failed to enforce the rule. hand gloves and hundreds of press jackets to the journalists complaint was shared as a Covid-19 case, and in Bangladesh, a human rights organisations across South Asia.
12 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 13 A Sri Lankan security officer looks on as he stands guard at a checkpoint on a roadside in Colombo on May 13, 2019. Sri Lanka imposed a nationwide night curfew on May 13 after DIGITAL CONTROL anti-Muslim riots spread to at least three districts just north of the capital in a violent new backlash against the Easter suicide bombings. CREDIT: LAKRUWAN WANNIARACHCHI / AFP PATCHY CONNECTIVITY By March 2020, the total number of internet users in the Asia region was estimated at 2,300 billion, which represents around 50 per cent of the world’s internet population, covering 55 per cent of the world’s total population. While the figure may seem encouraging, a deep dive into the statistics shows uneven spread, with low penetration and broadband speeds, expensive and unaffordable to a majority of digital have-nots in almost all the countries of South Asia. The rankings for the four countries of South Asia that feature in the 2019 US-based think tank Freedom House’s Freedom on the Net report of internet and digital media freedom around the world are dismal. The report ranks Bangladesh, India and Sri Lanka as ‘partly free’ and Pakistan as ‘not free’. In the rest of South Asia, internet access is uneven, and barely 19 per cent in Afghanistan, given the long years of war and conflict. For the 22 million active mobile subscribers, internet access is highly priced and provided by a government company and four private companies. Internet penetration for the other countries fares better, with Bhutan at 48 per cent, Nepal at 54 per cent and Maldives at a high of 81 per cent. For those who do have digital access, the stranglehold of draconian digital laws further compounds the precarious state of internet freedom. In all of South Asia, there is widespread censorship, takedowns and blocking of content, persecution of journalists and bloggers, the hounding and arrests of citizens FOR THOSE WHO DO HAVE who voice opinions on social media platforms and prolonged internet shutdowns in conflict areas or in times of conflict. DIGITAL ACCESS, THE India, the largest country of South Asia, is also called the internet shutdown capital of the world (See page 16). STRANGLEHOLD OF DRACONIAN Across South Asia, repressive measures are receiving legal and even social sanction as governments enact more and DIGITAL LAWS FURTHER more stringent laws and regulate online content in the name of tackling fake news, protecting national security or, most recently, public health as in the ongoing corona virus pandemic. COMPOUNDS THE PRECARIOUS STATE OF INTERNET FREEDOM. CENSORSHIP AND REGULATORY CONTROLS In India, internet freedom is marred by repeated internet shutdowns, censorship, surveillance and arrests for social media posts. the central government. The Bill also amends the Information The act has sweeping provisions, mostly non-bailable (WMS) to monitor social media, while over 800,000 websites The Indian Government continued to lead in takedown and Technology Act (2000) to delete the provisions related offences and very little or no clear definitions for crimes such and web pages were blocked for a range of reasons, including for of content from social media networks and internet sites. In to compensation payable by companies for failure to protect as ‘engaging in propaganda’ or ‘campaigning against the spirit hosting content that was allegedly pornographic, blasphemous January, video sharing site TikTok released its first transparency personal data. It came just a month after shocking news of of the liberation war’ the ‘father of the nation’ or publication or expressing sentiments against the state and military. report and said that India’s takedown requests surpassed those internet snooping of several writers, journalists, activists and or broadcast of any information that ‘hurts religious values or Censorship on Facebook was rampant, resulting in the of the United States. Likewise, Facebook’s transparency report advocates emerged in late October 2019. Although it is not sentiments.’ removal of 14,296 URLs from Facebook in the first half of 2019. said there was a sharp spike in “Emergency Requests For User confirmed if the snooping by malware Pegasus has been under A writ petition filed by nine persons, including professors According to reports, Facebook removed more than 12,000 Information” by the Indian Government in 2019. Twitter and the direction of the government, questions raised in parliament of Dhaka University and journalists, is now challenging the of them. Half of the websites were said to be in violation of Google reported similar data for user information. to seek clarifications were met with opaque response that the Act. In February 2020, the Dhaka High Court issued notice to Facebook’s rules, the other half violated “local laws.” The The Indian government has also sought to change its government ‘had the powers to snoop under Section 69 of the the government asking why sections 25 and 31 of the Digital government cracked down on dissenters, including political intermediary guidelines, to bring online media under the IT Act (2000) as well as under Section 5 of the Indian Telegraph Security Act (2018) should not be declared unconstitutional. parties. It was only after objections were lodged before the purview of the Registration of Press and Periodicals Bill (2019) Act (1885) to ‘view message in the case of public emergency or Bangladesh’s government has installed technology which Election Commission of Pakistan and the Islamabad High Court and create a regulatory authority for online media sites. It is also in the interest of public safety.’ could enable the government to block any online content, that the website of the Awami Workers Party’s website, was set to unleash heightened surveillance and access to citizens’ In Bangladesh, the draconian provisions of the recently including Facebook pages or an account in just three minutes. restored in November 2019 after being temporarily blocked in data on grounds of national security, and more recently for passed Digital Security Act 2018 were deployed to arrest of The system was installed under the Cyber Threat Detection and the lead-up to the 2018 general elections. public health concerns. India has sought traceability of end-to- writers and activists in May 2019 and again, in March 2020, Response project of the department of telecommunications In July, the hashtag #ArrestAntiPakjournalists called for the end encryption of WhatsApp messages, ostensibly to track fake with the suing of Manab Zamin editor-in-chief Mati-ur-Rehman launched in July 2017. So far, the government has blocked arrest of journalists in Pakistan, some even calling for hanging. news, but internet freedom activists believe it will further aid the Chowdhury and 31 others on charges of publishing ‘false’ news around 22,000 sites, mostly containing porn and those The hashtag was used or forwarded more than 28,000 times. government to crack down on dissent. and circulating it on social media. The Sampadak Parishad (or facilitating gambling. Many users accompanied it with a composite photograph of The Personal Data Protection Bill, 2019 with the concomitant Editor’s Council of Bangladesh) has said that the Digital Security In Pakistan, internet shutdowns and surveillance are prominent journalists and TV anchors, some of whom regularly Data Protection Authority concentrates power in the hands of Act will profoundly affect investigative journalism. constant. Telecom operators use a Web Monitoring System criticise the governing Pakistan Tehreek-e-Insaf (PTI) party
14 I FJ P R E S S F R E E D O M R E P O R T 2 0 1 9 – 2 0 2 0 15 PAKISTAN ENACTED THE CITIZEN PROTECTION (AGAINST ONLINE HARM) RULES (2020) OSTENSIBLY TO MONITOR CONTENT ON SOCIAL MEDIA RELATED TO “TERRORISM, EXTREMISM, HATE SPEECH, FAKE NEWS, INCITEMENT TO VIOLENCE AND NATIONAL SECURITY.” of Prime Minister Imran Khan and the establishment. In February, Pakistan enacted the Citizen Protection (Against Online Harm) Rules (2020) ostensibly to monitor content on social media related to “terrorism, extremism, hate speech, fake news, incitement to violence and Concerns about control are now heightened, and the Alliance Above from left: In July, 2019 so-called paid platoons of Nepal, which boasts of 60 per cent internet penetration national security.” of Independent Professionals said that “the government has social media “warriors” launched a vicious hashtag campaign and 100 per cent mobile penetration, added at least 250 new The rules, enacted without consultation with stakeholders, give now taken full control of media, including private media, to “ArrestAntiPakistanJournalists” after two broadcast journalists Hamid Mir internet users every hour and government reports say that regulators the power to demand the takedown of a wide range of popularise the political agenda of the government and strategic and Asma Shirazi made critical comments about Prime Minister Khan’s it comes second only to Bhutan in social media penetration content within 24 hours and open the doors to mass censorship. direction of a Sinhala Buddhist state. The calculated move policies. in South Asia. However, Nepal’s Electronic Transactions Act In response, big internet companies like Google, Facebook and is visible through an organised social media strategy of the Demonstrators shout slogans as they take part in a protest in Dhaka (2006), has been used to censor online content and many Twitter banded together as the Asia Internet Coalition (AIC) government politicians as well as control of the dissemination of on October 21, 2019, a day after deadly clashes when police shot of its provisions, including Section 47, prohibit publication wrote to the Pakistan Prime Minister threatening to withdraw information.” at Bangladeshi Muslims protesting Facebook messages that allegedly of a range of material ‘which may be contrary to the public completely from the country. In Afghanistan, tensions ran high, given the imminent defamed the Prophet Mohammed. CREDIT: MUNIR UZ ZAMAN / AFP morality or decent behaviour or any types of materials which This tightening of control has implications not only for withdrawal of troops from Afghanistan and the return of the may spread hate or jealousy against anyone or which may freedom of expression, but also for the digital economy. In its Taliban. The press and internet users are subject to censorship jeopardize the harmonious relations subsisting among the submission, the AIC expressed “sincere concern” that unless and attacks from three principal agencies: the government, way forward, along with Government support in the form of peoples of various castes, tribes and communities.’ revoked, the rules had the potential to “severely cripple the the Taliban and the United Nations Assistance Mission in online advertising revenue as well as increasing public media. Other laws are equally restrictive. The Criminal Code, growth of Pakistan’s digital economy… As no other country Afghanistan (UNAMA). However, there is clearly discomfort with unfettered which came into effect from August 2018, makes it ‘illegal has announced such a sweeping set of rules, Pakistan risks In February, the Taliban accused the Khabarial of espionage freedom of expression due to an explosion of social media to record and listen to conversations between two or more becoming a global outlier, needlessly isolating and depriving and intending to “confound people’s mind” and “propaganda by usage. With more than 185,000 members on social media, people without the consent of the persons involved’ and Pakistani users and businesses of the growth potential of the foreigner mercenaries”. Continued intimidation led to most of experts believe there is much more circulation of fake news bans photojournalists from photographing persons ‘outside internet economy.” the staff quitting their jobs. and unverified information. The Journalist Association of of a public space without consent’, restricting their work and Sri Lanka also witnessed a surge in surveillance, online In November 2019, the UNAMA deleted from its social Bhutan (JAB) has recommended strengthening the provisions hampering investigative journalism. threats and harassment particularly in the run up to the election media platforms ten posts deemed to be offensive, a charge that of the Information, Communication and Media Act (2018), The latest attack on Nepal’s online media was the of President Gotabaya Rajapaksa in November 2019. The same Facebook account holders contested. including on sexually explicit content. March 22 decision of the Press Council Nepal to write to month, police searched the newsroom of the website Newshub.lk Denial of access to information by official sources was a major The Maldives has witnessed intense political turmoil, the government to restrict access to five online portals on the suspicion that it published hate-speech. problem, prompting over 30 media outlets to issue a statement the hounding and killing of bloggers, the disappearance of a for allegedly spreading fake news on Covid-19. The Meanwhile, even as the government formulates a new cyber on February 4 blaming the ‘carelessness’ of the government for prominent journalist and the Anti-Defamation and Freedom council, which is a media regulatory authority, in a move security law to penalise a wide range of cybercrimes, including endangering media freedom in recent years. of Expression Act (2016) that sought to criminalise freedom that could promote censorship, also wrote to the Nepal defamatory posts that can hurt ethnic or religious sentiments, Barely 12 days later, complaints were lodged against at least 40 of expression. In September 2019, a presidential commission Telecommunication Authority about two more online portals a civil society initiative of over 16 organisations came together social media users before the Attorney General. The complaints set up to inquire into the disappearance of Ahmed Rilwan for publishing fake news. Journalists also bore the brunt of in June 2019 to sign a social media declaration to develop a were lodged by Afghanistan Green Trend (AGT), a social and Abdulla, concluded the prominent blogger and journalist was the misuse of the ETA. Journalist Gaurav Khanal, sub-editor code of conduct for responsible social media use, in an attempt youth empowerment organisation led by Amrullah Saleh, the abducted and killed five years ago by a local extremist group of onlineaawaj.com, was accused of cybercrime for allegedly to “recognise the inviolable importance of the freedom of former directorate general of the National Directorate of Security linked to al-Qaeda. The fuelling of hate on online media was publishing fake news in association with a website with a expression on or over social media, yet at the same time, (NDS) and the first running mate to President Ashraf Ghani, cited as a major factor. similar name. encourage and strengthen the ethical, progressive, democratic for allegedly “using insulting and abusive language” against In a press conference, the chair of the commission Husni The world over, history has shown that governments have and prosocial use of social media.” Saleh. Journalists and media rights organisations said that the Suood said that the ‘roots of Rilwan’s abduction – as well not lost any opportunity during situations of conflict and Under an ‘unofficial health emergency’ since mid-March due complaints should have be lodged with the Media Offense and as the attempted murder of blogger Ismail Khilath Rasheed in social turmoil, to put in place repressive measures to regulate to the novel coronavirus pandemic, the Ministry of Health and Complaints Commission. June 2012, the assassination of lawmaker Dr Afrasheem Ali in and control people, including online freedom of expression. Indigenous Medical Services issued guide lines for reporting In Bhutan, the growth of social media users (around October 2012 and the murder of blogger Yameen Rasheed in Constant vigilance and checks and balance on government Covid-19, requesting the media to refrain from mentioning the 50 per cent of the population) has been at the cost of April 2017, were all “connected” and carried out by the same overreach that impedes citizens’ digital freedoms is a vital race or religion of positive individuals, refrain from publishing official ‘legacy’ media and the resultant loss of professional extremist group – could be traced to an “ideological dispute” need, especially in times of the global pandemic. photographs without consent, and not to report in a manner journalism, fear members of the media community. The that started between Maldivian freethinkers and extremists that “causes hatred among people”. strengthening of online presence of the print media was a on social media in 2010.’
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