Digital Freedoms: A Middle East Update
This article is cross-posted
from Access.
The past week has been a busy one for the evolving world of Middle
East digital freedom: a censorship bill before the Jordanian
parliament prompted a blackout of local websites, the resignation
of the Iraqi ICT minister fanned fears a draconian cybersecurity
bill would secure immediate passage, the Lebanese
Telecommunications minister condemned online censorship in a
Twitter interview, Bahrain announced it would consider legislation
criminalizing Tweets that ‘offend’ members of the ruling family and
their allies, and the Tunisians came full circle from worst
regional offender to the region’s first member of the global
Freedom Online Coalition.
More than a year and a half after the Tunisian revolution
catapulted the power of social technology to the forefront of the
news, countries in the region are having an increasingly public
debate on what kind of Internet they want to have.
Two years ago, before the advent of the ‘Arab Spring’ revolutions
in North Africa, censorship was an unremarkable characteristic of
many Arab states. Governments had a relatively free hand in
filtering ‘objectionable’ content: anything deemed to be
pornographic, blasphemous, and of coursethreatening to the
stability of the political order. Although deplored by free speech
advocates, the issue was tacitly avoided by local media and failed
to ever capture the attention of the public debate.
According to an
Open Net Initiative report from 2011, at least nine countries
in the Arab World were using Western censorship tools to filter the
web, including Bahrain, Kuwait, Oman, Saudi Arabia, Sudan, Tunisia
the UAE, and Yemen. Countries without pervasive censorship
apparatuses used other methodssuch as harassment and detentionto
silence dissent. A
2005 Human Rights Watch report on censorship in the Middle East
cited a study of bloggers from Lebanon, Jordan, and Syria, where
more than 80 percent “practiced some form of self-censorship.”
Today, many countries remain heavy-handed and resolute in their use
of filtration. In the Arab Gulf kingdoms in particular, advocacy
for openness remains a struggle. However, government challenges to
online freedoms are increasingly met by broad-based resistance,
from the private sector and ordinary citizens, in addition to the
traditional activist community.
Jordan
In late August, the Jordanian parliament
considered an amendment to its Press and Publication law that
would allow the government to censor ‘pornographic’ websites. The
Jordanian digital community was incensed, arguing that the
legislation was overly broad and ill-defined, allowing for
indiscriminate blocking of both editorial and social media content,
and that the introduction of technical mechanisms for mass
filtering could easily be used to block any form of content,
including political speech.
What made the outcry from Amman different this time was the
diversity of stakeholders. Freedom of speech activists were joined
by the burgeoning Jordanian startup community in protesting the new
laws. (Jordan is home to Oasis500, a highly competitive and much-lauded
tech accelerator program that has been publicly backed by the
ruling monarchy, and the ICT sector contributes to 14 percent of
the country’s GDP.) Even the former Minister of ICT joined the
chorus,
arguing to Wamda, a community for MENA entrepreneurs, that the
move was short-sighted and damaging to the country’s ability to
grow as a competitor in the high-tech economy.
"This goes against our positioning as a country. When you block
freedom, you block thinking. If we're serious about making Jordan
an ICT hub, we have to put our money where our mouth is. The
government should be looking at ways to support entrepreneurship.
[With this move], we are creating the anti-ecosystem."
In response to the outcry, the Ministry of ICT extended its
consultation period with the private sector. Activists and
technologists seized the chance to raise awareness and put pressure
on the government: taking a page from the global protests against
the US SOPA/PIPA legislation, Jordanian blogs and websites
went dark for a day on August 29th. Its detractors have found
an unlikely ally: Queen Noor, the widow of the late King Hussein,
took to Twitter to denounce
the bill.
On the 11th of September, the bill went before Parliament. In
response, the anti-censorship 7oryanet.com (translating, roughly, as
“Freedom, O Internet”) organized a mock funerary march in front of
the Jordanian House of Parliament. One of the organizers, Fouad
Jeryes, reported that “around 150 participants from popular
electronic news websites, digital content creation/new media
publishers, members of the ICT industry, entrepreneurs, and the
general public” took part. Jeryes also reports that protesters were
blocked from observing the session, as per their constitutional
rights.
image courtesy of Fouad Jeryes, 7oryanet.com
Iraq
In neighboring Iraq, bloggers have been
struggling for some time to draw popular attention to proposed
cybercrime legislation. The legislation, which has been denounced
by Iraqi and
internationalhumanrightsgroups,
has been criticized for overly vague and broad provisions that
would limit free speech, criminalize dissent, and authorize
‘draconian’ punishmentssuch as life in prisonfor infractions. (Read
Access’s analysis of the previous version of the proposed
legislation
here.) The bill was temporarily tabled, but many observers
expected it to resurface in the fall for further consideration.
On the 27th of August, the serving Minister of Communications
Mohammed Allawi, an opponent of the proposed cybercrime
legislation,
resigned, citing political interference. The Iraqi Ministry of
Communications, which oversees the regulation of the lucrative
telecommunications sector, has long been a point of political
paralysis among the various factions in Iraq; former Minister
Allawi, a member of an opposition party, accused the Prime Minister
of meddling in ministry affairs. Iraqi netizens and international
observers are now concerned that with with the departure of Allawi,
the cybercrime bill will be put to a vote without further
resistance.
Lebanon
Lebanon has long been acknowledged as possibly the
freest country in the region when it comes to individual liberties,
and it has historically refrained from censoring Internet traffic
online. However, it hasn’t escaped its share of bad legislation: a
2010 proposed
e-transactions bill, dubbed the ‘Gestapo Law,’ by a local
blogger, included provisions for the the creation of a body with
‘moral’ authority, responsible for ‘licensing’ and suspending
internet users and seizing a user’s data or hardware; it was
dropped after vociferous protest from the private sector and users.
In 2012, the Lebanese Internet Registration Act, or LIRA, called
for registration of all ‘Lebanese websites,’ it was similarly
dropped following organized
criticism.
On September 2nd, Lebanese Minister of Telecommunications Nicolas
Sehnaoui agreed to an Twitter interview with the MENA startup
community site, Wamda. When Wamda asked Minister
Sehnaoui about his views
on the regional trends towards censorship; the Minister
responded:
Currently, Lebanon has no official policies,
legislation, or judicial precedent that specifically address
freedom of expression online. Minister Sehnaoui will be up for
re-election again in 2013.
Bahrain
On 10 September, the kingdom of Bahrain revealed it
was
launching a crackdown on ‘defamation online’ in response to the
country’s love affair with social media, and launching a site for
people to report social-media related complaints. A spokesperson
for the Ministry of the Interior pointed to an increase in the use
of ‘modern communications’ tools for directing ‘abuses or personal
insults’ to ‘public figures’ or ‘national symbols,’ calling for
‘perpetrators’ to be tried and punished. According to some
estimates, Bahrain has the second-highest proportion of users
to population in the region, with roughly 4.3% of the country’s
residents registered as users of the popular microblogging
service.
Twitter has been used extensively by Bahrainis as a means of
documenting, publicizing, and contesting stories and information
about the country’s ongoing civil strife. Since the beginning of
the Bahrain protests on 14 February 2011, the hashtag #Bahrain and
its Arabic equivalent, #بحرين, have been tweeted as many as
2.8 million and 1.48 million times, making it the most-tweeted
hashtag subject among users in the region. Not all of this has been
original content, however: as Jillian York of the EFF has noted, the disputed events gave
rise to the region’s first political hashtag
trolling and
spam, rapidly polluting the channel and preventing meaningful
interaction.
The Ministry of the Interior denied that the crackdown would
infringe upon freedom of expression, but critics from the country’s
reformist civil society organizations condemned the plan. Critics
asserted that the country’s existing legal code was sufficient to
prosecute libel and defamation, without resorting to wide-scale
policing of the Internet. The announcement came the same day that
human rights activist Nabeel Rajab, the country’s best-known jailed
blogger, announced he would seek appeal for his conviction and
three-year sentence for organizing ‘illegal activities.’ The
Cairo-based Arab Network for Human Rights Information (ANHRI) had
criticized
the Bahraini government for targeting Rajab’s tweets in a 2011
investigation.
Tunisia
Last week in Kenya, the country of Tunisia came full
circle. Once recognized for being among the world’s worst ‘enemies
of the Internet,’ it became the first Arab nation to publicly
commit to a progressive online freedom agenda,
joining the Freedom Online Coalition, a group of countries
ranging from the Netherlands to the US, and Kenya to the Czech
Republic, that have committed to advancing Internet freedom as a
key foreign and domestic policy issue.
On 7 September, Dr. Moez Chakchouk, head of the Tunisian Internet
Agency (known by its French initials ATI), addressed a plenary of
civil society activists, entrepreneurs, and diplomats gathered at
the United Nations headquarters in Nairobi. He acknowledged
Tunisia’s history of censoring content and declared Tunisia’s
support for the international coalition, announcing that Tunisia
would host the following year’s conference. Back in Tunisia, the
Minister of Telecommunications, Mongi Marzouk, held a press
conference, reiterating that the country had stopped filtering,
promising that “[censorship is] an old practice that [Tunisia]
won’t follow again.”
Although Tunisia
stopped filtering the national network back in January 2011, it
wasn’t until this past week for the country to formally declare
policy intentions on Internet freedom. Up until this point, the
guarantee of a free Internet was a tenuous outcome, based on a
patchwork of good intentions, personal promises, and
favorable judicial findings. Skeptics remain: the website
Tunisia Live quoted Sleh
Eddine Kchouk, president of the Tunisian Pirate Party, as saying:
“Tunisia has always embraced advanced technologies when it comes to
the virtual world, in theory. But in practice, it’s completely
different.” Kchouk has a point: in order for freedom online to
become the law of the land, Tunisia must follow this declaration of
policy with the adequate legal guarantees that can withstand
judicial review.