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Censor Watch: January 2008...
 

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31st January  Update:  Justice Dying in Afghanistan...
 
Afghan death sentence for blasphemy supported in upper house

Free Pervez!The upper house of the Afghan parliament has supported a death sentence issued against a journalist for blasphemy in northern Afghanistan.

Pervez Kambaksh was convicted last week of downloading and distributing an article insulting Islam. He has denied the charge.

The UN has criticised the sentence and said the journalist did not have legal representation during the case.

The Afghan government has said that the sentence was not final. A government spokesman said recently that the case would be handled "very carefully".

Now the Afghan Senate has issued a statement on the case - it was not voted on but was signed by its leader, Sibghatullah Mojaddedi, an ally of President Hamid Karzai. It said the upper house approved the death sentence conferred on Mr Kambaksh by a city court in Mazar-e-Sharif. It also strongly criticised what it called those institutions and foreign sources which, it said, had tried to pressurise the country's government and judiciary as they pursued people like Kambaksh.

 

31st January    Two Faces of Malaysia...
 
Malaysian book censors ban 11 books about islam

The Two Faces of Islam bookMalaysia has banned 11 books for allegedly giving a false portrayal of Islam, such as by linking the religion to terrorism and the mistreatment of women.

The government ordered the books, most of them released by U.S. publishers, to be blacklisted earlier this month because they are not in line with what we call the Malaysian version of Islam, said Che Din Yusoh, an official with the Internal Security Ministry's publications control unit.

Some of them ridicule Islam as a religion, or the facts are wrong about Islam, like associating Islam with terrorism ... or saying Islam mistreats women, he said. Once you mention something which is not correct, it's not proper.

The banned books include eight English-language ones, such as The Two Faces of Islam: Saudi Fundamentalism and its Role in Terrorism, Secrets of the Quran: Revealing Insights Into Islam's Holy Book and Women in Islam. There are also three books written in the local Malay language.

Government authorities regularly review the contents of books and publications that could have sensitive material, mostly regarding religion and sex, Che Din said.

 

31st January  Offsite:  Institutionalised Prudishness...
 
ASA are a bunch of unelected, self-appointed dimwits.

Hottest Back to School Fare posterThe supposedly shocking Ryanair ad features a young woman in a classroom: she has a bare midriff and is wearing a short skirt, knee-high stockings and a tight blouse and school tie. The ad was published in three newspapers - the Herald, the Daily Mail and the Scottish Daly Mail - which have a combined readership of 3.5million. Was ‘widespread offence’ taken? Not quite; not even nearly. Out of more than three million people who will have seen the ad, 13 complained - yes, 13. That is about the same number of people who were on the downstairs level of my bus this morning. Yet the ASA agreed with these 13 super-sensitive souls that the ad was a shocker, and ruled that the model’s appearance and pose, ‘in conjunction with the heading “HOTTEST”’, suggested a link between ‘teenage girls and sexually provocative behaviour’ (5). Thus the ad was ‘irresponsible’; thus it must be expunged from the public realm.

This is institutionalised prudishness. The content of the ad is no worse than something one might see on MTV or indeed elsewhere in national newspapers. As Peter Sherrard, Ryanair’s head of communications, said: ‘It is remarkable that a picture of a fully-clothed model is now claimed to cause “serious or widespread offence”, when many of the UK’s leading newspapers regularly run pictures of topless or partially-dressed females without causing any serious or widespread offence.’ (6) Yet the existence of organisations like the ASA and the Office of Communications (Ofcom, which regulates broadcasting in general in the UK) acts as an invitation to squeamish, easily-offended or even self-interested individuals and parties to force through their own personal censorship of things they don’t like. It empowers the prudish, giving their narrow-minded outrage the full weight of officialdom’s backing. The ASA and Ofcom represent the tyranny of the minority.

Read the full article

 

31st January    Letters from Russia...
 
Russian internet addresses will enable the isolation of Russian users

Russia flagIn a couple of months' time, the horrors of censorship depicted by George Orwell in 1984 will seem like childish pranks compared to the powers granted to the Russian authorities.

According to the Guardian, Russian internet users, will be completely locked off from foreign traffic, which can be used to access the majority of free information, as currently happens in China. Those whose work requires access to foreign sites (ministries, departments and state companies) will have to be approved by the Special Services.

In practice, this will be achieved by the introduction of Cyrillic domain names, which will automatically cut the whole of Russia off from the World Wide Web and the Internet's other services.

The 'Russian Internet' project will look at the question of how they can best communicate within their own country. The internationalization of domain names will give them the chance to do what is being attempted in China, where three top-level domain names, written in Chinese characters, are used: .net, .com and .cn, says Wolfgang Kleinwachter, member of the UN Working Group on Internet Governance, explaining the technical details.

The key question here is whether Russia's own root servers will use Russian international domain names when deciding where to direct their enquiries on the Internet -- that is will they be autonomous from the already existing root servers of the net, which are mainly based in the USA (5 in the USA, 2 in Northern Europe).

In Kleinwachter's opinion, the worst case scenario would be everyone having to register domain names using the Cyrillic top-level domain .rf. Then Russian would have its own root name server, and it is much easier to control a top-level domain than a hundred thousand subdomains, says the expert.

According to Kleinwachter, it has been suggested that people will be able to access Russian sites freely but will require a password sanctioned by state authorities to access the global Internet. In this way, the Kremlin will be able to control each citizen's contact with the outside world.

The authorities however assert that this will make tracing "cyber-criminals" easier. Anyone wishing to read the European press, including the Ukrainian, will now become a dangerous criminal.

Western IT specialists point out that this innovation would also make all Russian hackers absolutely untraceable without cooperation from the Russian authorities. [Perhaps The ASCII internet world would the have to block all communication from untraceable sources]

 

31st January    General Than Shwe is crazy with power...
 
Burmese poet imprisoned for hidden message in poem

Burma flagThe Myanmar authorities are holding the well known poet Saw Wai, after they discovered a covert message within one of his poems that criticised the military leaders of the South East Asian state.

The love poem, entitled February the Fourteenth had been published in a Rangoon magazine, The Love Journal.

Whilst the poem had escaped the scrutiny of the authoritarian regime's censors, the first words of each line in the rhyme said that General Than Shwe is crazy with power.

It is unclear what will now happen to the imprisoned poet.

 

30th January  Update:  I Don't Believe in Blasphemy...BUT...
 
Archnutter of Canterbury proposes Blasphemy II

Rowan WilliamsThe Archnutter of Canterbury, Dr Rowan Williams, has called for new laws to protect religious sensibilities that would punish “thoughtless and cruel” styles of speaking.

Williams, who has seen his own Anglican Communion riven by fierce invective over homosexuality, said the current blasphemy law was “unworkable” and he had no objection to its repeal ...BUT... whatever replaces it should “send a signal” about what was acceptable.

This should be done by stigmatising and punishing extreme behaviours that have the effect of silencing argument.

The Archbishop, delivering the James Callaghan Memorial Lecture said it should not just be a few forms of extreme behaviour that were deemed unacceptable, leaving everything else as fair game.: The legal provision should keep before our eyes the general risks of debasing public controversy by thoughtless and, even if unintentionally, cruel styles of speaking and acting.

Dr Williams said: It is clear that the old blasphemy law is unworkable and that its assumptions are not those of contemporary lawmakers and citizens overall. But as we think about the adequacy of what is coming to replace it, we should not, I believe, miss the opportunity of asking the larger questions about what is just and good for individuals and groups in our society who hold religious beliefs.

Dr Williams was criticised by the National Secular Society who accused him of promoting self-serving and dangerous ideas. Terry Sanderson, president, said that the Archbishop’s speech was a blatant pitch for new legislation to replace the blasphemy laws that the Government are planning to scrap.

The Government is at present consulting the Church of England about its plans to repeal the blasphemy laws before introducing the changes when the Criminal Justice Bill is in committee stage in a few weeks.

It is as if the prolonged and widespread debate on the recently-introduced religious hatred legislation had never happened, said Sanderson. Dr Williams takes us right back to the beginning with his special pleading for the protection of religious feelings – in other words, another form of blasphemy law that would be even worse than the one we’re about to ditch.

Sanderson pointed out that the Racial and Religious Hatred Act – which had been under consideration for five years - was now on the statute book. It was enacted only after a great deal of bitter dispute between religious interests and those who feared for free speech.

There is also now in law a concept of religious aggravation that can be applied to some public order offences. It carries a potential prison sentence of seven years. This is draconian and extreme by any measure – and now the Archbishop appears to want something else.

Sanderson said that the Archbishop appeared in his speech to be making excuses for those who rioted about the Salman Rushdie case and threatened the author with death. He also seems to think that those who created lethal street protests over the Danish cartoons had a point. The Archbishop’s speech is, at base, self-serving and dangerously illiberal,” Mr Sanderson said. “We certainly hope that the Government is not now going to bring forward something even more extreme as a quid pro quo for abolishing blasphemy.

Comment: Interpretation

31st January 2008

From MediawatchWatch see full article

Owing to the Archbishop’s opaque style of discourse, it is unclear whether or not Times reporter Ruth Gledhill is correct in her interpretation of his James Callahan Memorial Lecture. Other reports, from more overtly religious sources, do not put the same spin on it.

This appears to be the section which has led the Times to shout that he is calling for new legislation. It’s not quite there, is it? Williams said:

"It is clear that the old blasphemy law is unworkable and that its assumptions are not those of contemporary lawmakers and citizens overall. But as we think about the adequacy of what is coming to replace it, we should not, I believe, miss the opportunity of asking the larger questions about what is just and good for individuals and groups in our society who hold religious beliefs".

Whichever way you look at it, he was talking drivel.

 

30th January    Pissing on the ASA...
 
Ryanair ignore the advert censors

Ryanair Pissing on the ASA advert mock upIrish airline Ryanair announced its decision to defy the orders of the UK advertising watchdog, and continue to run a controversial ad that was told to be taken out of circulation.

The airline called the order "absurd." The ad, showing a woman dressed in a provocative schoolgirl outfit, was deemed as "irresponsible" by the Advertising Standards Authority. Underneath the photo was the tagline about the airline's hottest back to school fares.

The ad appeared in the Herald, Daily Mail, and the Scottish Daily Mail, obtaining a 3.5-million circulation, according to The Press Association.

A total of 13 complains from readers cried out that the ad linked teenage girls to illicit and sexual behaviours. The ASA recently catered to the outcry, ordering the three newspapers to take down the ad and never run it again.

We considered that her appearance and pose, in conjunction with the heading 'hottest' appeared to link teenage girls with sexually provocative behavior and was irresponsible and likely to cause serious or widespread offence, the ASA was quoted as saying.

The airline responded by saying that 13 complaints out of a more than 3 million readership was an "insignificant" proportion.

It is remarkable that a fully clothed model is now claimed to cause 'serious or widespread offence', said Ryanair head of communications Peter Sherrard, when many of the UK's leading daily newspapers regularly run pictures of topless or partially dressed females without causing any serious or widespread offence. Sherrard continued by calling the ASA demanding orders for censorship's sake, and not advertising regulations.

Update: What Can They Do?

12th February 2008

See full article from Brand Republic

The ASAs decision not to invoke its ultimate sanction and refer Ryanair to the Office of Fair Trading (OFT), despite repeated breaches of ASA regulations, has raised questions about whether self-regulation in advertising is really working.

The ASA claims that advertisers who persistently breach its non-broadcast advertising codes are referred to the OFT, but only after a 'longlist' of other sanctions have been considered.

A spokesman for the ASA said a referral would be made only under the Control of Misleading Advertisements Regulations, while offensive ads are governed by rules on breaches of taste and decency: Only when other sanctions have been exhausted, such as refusing an advertiser media space, invoking compulsory pre-vetting, or taking away trading privileges, do we consider a referral. In most cases, sanctions are effective in bringing advertisers into line.'

Ryanair's latest breach was of the taste and decency rules, and the sanction the ASA imposed was to issue an alert to newspapers instructing them not to run the ad.

 

30th January    Extreme Disquiet...
House of Lords
Criminal Justice and Immigration Bill
2nd Reading
22nd Jan 2008
 
Lords are unhappy about wording of Dangerous Pictures law

House of Lords logoThe Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath): My Lords, I beg to move that this Bill be now read a second time. This is a wide-ranging Bill: it traverses youth justice, sentencing, anti-social behaviour, the risk management of violent and sex offenders, the law on self-defence and the possession of extreme pornographic images, to name but a few of its provisions.

...In tackling the possession of extreme pornographic images, the Bill seeks to bring our controls on such violent and explicit material into the internet age. We can no longer control the circulation of this pernicious and potentially harmful material through legislation dealing with the traditional forms of publication and distribution. We have to look to an offence of possession. We want to ensure that the new offence hits the right target. In the other place, concerns were expressed that the offence went too wide. We understand that concern. I aim to bring forward amendments in Committee that will clarify the drafting of the offence and, I hope, put beyond doubt that the type of imagery found in popular mainstream films will not be covered by the offence.

I have no doubt that the new offences of inciting homophobic hatred will attract much debate in this House, and rightly so. In constructing the offences we have been very conscious of the need to balance the protection of the gay and lesbian community from material inciting hatred with the right to freedom of expression. We believe that we have struck the right balance in the Bill. The new offence will apply only to threatening words and behaviour intended to stir up hatred on grounds of sexual orientation. Given that high threshold, and all the other safeguards, including the consent of the Attorney-General to any prosecution, we do not consider that a saving is needed to protect expressions of criticism or antipathy towards homosexual practices. If such expressions are not threatening and not intended to incite hatred, they will not be covered by the offence. If they are, then they should not be excluded. This was debated in the other place, and the other place rejected such a saving by a considerable margin.

Lord Thomas of Gresford:

...As for extreme pornography, Clause 113 is utterly vague, and Clause 115 proposes an unacceptable reverse burden of proof. We welcome what the Minister said a moment ago, when he appeared to recognise that.

Baroness Miller of Chilthorne Domer:

...The two issues I shall concentrate on are set out in Part 7—the first is extreme pornography. It is a difficult issue to debate at all, but one to which I hope we shall bring some cool and objective thinking. Again, it did not really receive the sort of examination in the other place that it should have had. We have had an interesting briefing from a large number of academics such as lecturers in media studies and so on who have joined together on this issue. The first point they make bears repeating at this stage: the Government have been using a rapid evidence assessment to back up their claims that legislation is necessary in this area. They say that the REA document is based on largely discredited research emanating from particular psychology and sociology traditions once favoured in America and that the supporting evidence has no real connection to the British case. That is the sort of issue that we need to examine in Committee.

Legislation needs to be objective and evidence-based, not subjective. Personally, I do not like pornography and believe it to be essentially degrading to the spirit, and violent pornography is even worse. Indeed, anything depicting extreme violence is, I think, dangerous as regards the well-being of society. However, I also do not believe in censorship unless it is absolutely essential to protect people, and my personal view is not what I want the House to focus on. We need to concentrate on the fact that this sloppy clause is dangerous.

On 6 December last the Minister said that the Government believe that the individual pornography user will have no difficulty in recognising pornography. That is not an objective or evidence-based approach. Surely it cannot be for the possible perpetrator of a crime to judge whether he actually is committing a crime. A great deal more thought needs to go into exactly how these clauses have been drafted, and I recognise that the Minister has suggested that the Government will bring forward something which I hope will be more evidence-based. Further, I am extremely glad that we will have the benefit of the report of the Joint Committee on Human Rights before us.

The Earl of Onslow:

...I now turn with gentle delicacy to extreme porn. What is it? Is it Juvenal’s ninth satire? I have unfortunately lost my Latin copy of it; otherwise, I would have quoted it to your Lordships. However, I certainly would not dream of translating it. Luckily, we are of a much less classical generation so I hope that most of your Lordships would not have understood it. I once quoted it on the wireless—on a Radio 3 programme about pornography rock with the encouragement of the noble Lord, Lord Alli, and a minor payment. This little sideline concerns what is meant by extreme porn. “Extreme” is an extremely subjective word. The law must not have subjective judgments in it; it makes things too difficult, if not impossible, and it makes judgment on facts difficult.

We wrote to the Minister, asking for a definition that was sufficiently precise and foreseeable to pass Article 8, relating to respect for privacy, and Article 10, relating to freedom of expression, and asked whether the new offence was necessary in a free society. We are concerned at the vagueness of the offence. We question whether Clause 113 is precise or foreseeable enough to meet the Convention requirements. The offence requires the image to be extreme. That is an extremely subjective judgment in itself. The Explanatory Notes state that the new offence was made to protect individuals from participating in degrading staged activities or bestiality, to cut supply and to prevent others from accidentally coming across such material. We question whether the behaviour criminalised in Clause 113(6)(a) and (b) should be so if carried out by adults in private.

Lord Hunt of Kings Heath:

...I turn to the subject of extreme pornography. The noble Earl, Lord Onslow, and a number of other noble Lords expressed some concerns, which I well understand, about the definitions and how they might be applied. The reasons for bringing this matter before your Lordships’ House are well taken: some very disturbing cases, with disturbing impacts, have arisen from the availability of extreme pornography. Equally, I accept that we have to be very careful about the definition; we do not want it to be wider than we intend. I said in my opening speech that we will bring forward amendments—in Committee, I hope—to make that absolutely clear.

...

On Question, Bill read a second time, and committed to a Committee of the Whole House.

 

30th January    Criticising Yemen...
 
For blocking websites criticising Yemen

Yemen flagReporters Without Borders condemns the action of the authorities in blocking access to the independent new website YemenPortal (www.yemenportal.net) since 19 January. Access to at least seven other websites have been blocked since October.

President Ali Abdullah Saleh’s government is having to deal with growing social unrest and a Zaidi uprising but that is no reason to target the media and websites, the press freedom organisation said. As it is unable to influence what they post, the government has decided to block independent news websites in order to suppress their criticisms.

Access to YemenPortal from within Yemen was blocked two days after Prime Minister Ali Mohammed Mujawar and other government officials accused the press on 17 January of jeopardising the country’s national interest and promoting incitement to secession.

The news websites to which the Yemeni authorities have blocked access since October include:

  • www.yamenhurr.net
  • www.hnto.net
  • www.hdrmut.com
  • www.al-teef.com
  • www.al-yemen.org
  • www.adenpress.com
  • www.soutalgnoub.com.

 

29th January    Naked Hypocrisy...
   
BBFC clears public nudity even when filmed under threat of arrest

Lady Godiva film posterLady Godiva is 2008 UK romance by Vicky Jewson.

The BBFC unsurprisingly passed it 12A uncut with the following comment:

Lady Godiva is a modern day romantic drama based around the legend of the Anglo Saxon noble woman who rode naked through the streets of Coventry in order to lift an oppressive toll placed on the poor by her husband. It was passed ‘12A’ for mildly sexualised nudity and one use of moderate language.

The BBFC Guidelines at ‘PG’ state that only ‘natural nudity, with no sexual content’ is permitted. In Lady Godiva however, when she rides naked through the streets, onlookers gaze up at her appreciatively, indicating that her nudity has some sexual appeal. The scene therefore is best placed at ‘12A’ where brief and discreet nudity in a sexual context is allowed. The BBFC Guidelines also state that ‘mild bad language only’ is permitted at ‘PG’, which means the one use of moderate language in the film, in this case ‘wanker’, also places the film at ‘12A’.

LADY GODIVA also contains some mild violence.

However one has to wonder why public 'nudity in a sexual context' wasn't cut under the usual BBFC bollox along the lines of: cuts required to remove sight of nudity and sexual activity in a public location in the UK.

Particularly when the film publicity stories ran with the illegal public nudity theme:

From This Is Derbyshire see full article

Vicky Jewson achieved her dream of making Lady Godiva by ripping up the traditional model and doing it her way. She then persuaded a popular TV actress to strip naked and ride a horse through Oxford at the crack of dawn, against the wishes of the local authority.

The naked part caused us the most problems, Vicky admits: The council said we would be arrested if we filmed where we wanted to. So, on the day, we got up at 4am and had lots of secret locations and only told people where we were shooting at the last minute. We only had about an hour so we didn't concentrate much on the fact that anyone was stark naked.

 

29th January  Update:  Fortunate...
   
Ofcom clears Bremner, Bird and Fortune over Madeleine McCann joke

Bremner, Bird & FortuneBremner, Bird and Fortune has been cleared by Ofcom over a joke about Madeleine McCann. Dozens of Channel 4 viewers had complained about the inappropriate and offensive sketch featured last October.

In a discussion about the lengths to which Gordon Brown would go to secure victory in the event of a snap election, satirists John Bird and John Fortune mused: I wouldn't be surprised if the night before the election he went on television and said, 'Look what I found…' and held up Madeleine McCann.

Ofcom acknowledged the "sensitivities" in the McCann case and said: Any reference to the disappearance, other than during the course of news and current-affairs reports, may result in the potential for offence.

But Ofcom said there no suggestion Madeleine or her family were the target of the humour, adding: The main point of the sketch was to ridicule politicians and the sometimes cynical approach they are perceived to have when it comes to re-election.

The idea that politicians might be insensitive enough to attempt to exploit the tragedy surrounding the disappearance of Madeleine McCann to their advantage was consistent with the general purpose of the sketch.

 

29th January    Sumo TV Rapped...
   
Ofcom warns that user generated content may not be suitable for TV

Sumo TVOfcom has issued a warning to broadcasters about the ways in which they use user generated content after Sumo TV was found to have breached the programme code on two occasions.

The regulator said that Sumo - which airs a variety of content ranging from webcam performances to professionally-produced programmes - breached the programme code when it aired a 500 word rap by Andy Milonakis containing references to incest, drugs and sex with frequent use of expletives. In another instance, a child was shown being repeatedly frightened by an adult who captured the scene on a mobile phone. Both incidents aired after the watershed and close to midnight.

Ofcom said that it acknowledges and welcomes the fact that, to some extent, user-generated content provides opportunities for a more interactive experience for viewers and listeners, offering the ability to contribute more to programming than was previously possible. It added, however, that broadcasters remain responsible for ensuring that the material they put on air - whatever its origination - complies with the programme code.

Making a ruling specific to Sumo TV, Ofcom said that the rap breached generally accepted standards and was not justified by the context in which it was shown. The regular concluded: Ofcom is extremely concerned at the compliance decisions Sumo TV has made in these cases. In light of this finding, the measures taken and the reasoning it has used to interpret the Code, Sumo TV should be advised that any future breaches of this nature may result in further regulatory action being considered. Further, Sumo TV is reminded that having appropriate compliance procedures in place is a requirement of its licence conditions.

In a wider notice to broadcasters, Ofcom added: Broadcasters need to be aware that simply because material is available on the web, this does not mean that it is automatically suitable for broadcast on a licensed service which has to comply with the standards as set out in the Communications Act 2003.

 

29th January    A Coup for the Censors...
   
Thai political book is banned

A Coup for the RichThe Author of A Coup for the Rich, Professor Giles Ji Ungphakorn, writes:

I have just been informed today by Thammasart University bookshop, the only bookshop to agree to sell my book, that the Thai special branch have issued a letter to the shop banning the sale of  Coup for the Rich.

This book, which was published in January 2007, has sold over 900 copies, almost its entire print run. Mostly the book was sold directly by myself or by Thammasart University bookshop. This is because my own university bookshop refused to sell the book, citing “incorrect procedure”.

A Coup for the Rich criticises the military coup and the liberals who supported the coup. It discusses the role of the Thai Monarchy, citing the work of Paul Handley (The King Never Smiles). There is a chapter on the politics of the Peoples’ Movement. The final chapter deals with the crisis in the South.

Bangkok Metropolitan Police, acting under an appeal from the Special Branch to investigate my book, have issued a letter to the Thamasart bookshop banning the sale of A Coup for the Rich. According to the letter, dated 18 January 2008, the book is currently under investigation concerning charges of lèse majesté. The letter, signed by deputy police chief Chutti Tamanowanij, states that the continued sale of the book risks creating a “misunderstanding” about the Monarchy among the Thai population.

 

28th January    Extreme Over Reaction...
   
Horror film traders to be done for organised crime?

Hollyrood PalaceMore than £17m has been seized through the Proceeds of Crime Act since 2002.

Now the Scottish Government is also to add new offences indicating a criminal lifestyle to the act, including bribery and corruption and distribution of child and extreme pornography.

Justice Secretary Kenny MacAskill said
It's a win, win situation for the law abiding many - and galling for the parasites of serious crime. The government believes that expertise in areas such as forensic accountancy will make it increasingly difficult for organised criminals to hide their money in legitimate businesses they set up.

The justice secretary also said extending the range of crimes covered under the Proceeds of Crime Act would provide a "further weapon" for the authorities. Organised crime is not about drugs and trafficking. Its tentacles stretch to crimes such as fraud, pornography and also using legitimate businesses as fronts for money laundering.

 

28th January    Censorship Levy...
   
Lord Levy refuses to submit memoirs for censorship

Cabinet OfficeLord Levy, former fundraiser for Tony Blair, has refused to allow the Cabinet Office censor to vet his memoirs. The decision is likely to prompt concerns in Downing Street that the book will criticise Gordon Brown.

Simon & Schuster, the publishing house, announced on Thursday that it had won the rights to publish the book. Lord Levy played a crucial role in attracting funding for Labour. He was arrested last year as part of the police investigation into the "cash for honours" inquiry, although he was never charged.

 

28th January  Offsite:  Sub-Judicy...
   
Pretending the web doesn't exist will not serve justice

JuryMainstream media reportage has been overtaken by the unregulated content on the internet, where material that is prejudicial by any definition appears on countless sites, hit by millions of visitors. The dividing lines between fact, allegation, rumour, fiction and deliberate fabrication are completely blurred. The courts seem paralysed and unable to acknowledge the internet is in danger of overwhelming the old defences against publication of prejudicial material.

In December, in the first case of its kind, a defence lawyer in Tennessee attempted to have the venue for the imminent trial of his client moved because false and fabricated accounts of the facts of the case on YouTube and blogs may have prejudiced prospective jurors and witnesses. Attorney Philip Lomonaco of Knoxville, Tennessee, had his first application to the Eastern District Court dismissed. The appeal outcome is awaited.

While there have been no attempts in the UK to claim mistrial on the basis of prejudicial internet material, the time may not be far off. In Scotland, Donald Findlay QC is disturbed at the reluctance of legal authorities to acknowledge the serious problem that arises not only in high profile trials but in mundane cases where a Google search will produce assertions about key evidence that the jury will have to decide in court.

Prejudicial publicity is our real problem in the criminal courts these days. It's very serious. And the biggest part of the problem is the internet. For example the courts go to great lengths to excise any material that may refer to previous convictions of the accused. But it's not the rare obsessive going to the Mitchell Library that makes a mockery of that. The fact is anyone can put the name of the accused into Google and come up with a complete history of the investigation and all the accused's previous convictions in a second. Don't tell me jurors don't do it when they get home after the first day of a trial.

I don't have an easy answer but I do think if we accept we can't control or stop the internet then maybe we have to think again about how we manage juries. Jury vetting. What I do know is pretending the internet doesn't exist won't serve the interests of justice.

Read the full article

 

28th January    The Growing Menace of Censorship...
   
Vulgar politicians in Punjab move to censor music

India flagIn the land known for churning out music videos and CDs by the hour, lewd presentation and innuendos in lyrics of pop songs has led to the Punjab government stepping in.

Vulgarity in the name of entertainment will not be allowed, said cultural affairs minister Hira Singh Gabria, who announced the setting up of a supervisory board within a month to approve music videos before they hit the market, These people are trying to play with Punjab’s culture. It’s time to define vulgarity and check the growing menace in the state.

The Punjab board will have assistance from school and college principals, as also members from law and art on its panel.

Many have welcomed this step. Crass exhibitionism and bawdy language in Punjabi music is stripping it of its richness. The large number of CDs and videos being made here is reflective of the youth’s disinclination towards professions like Army, IAS, IPS. Making vulgar videos is an easier route to success and money, said Hans Raj Hans, Punjabi folk singer.

Out of 100 videos made every month, at least 10 are vulgar in the true sense of the word, said one trader.

 

28th January  Update:  Debased Sunday Times Opinion...
   
Video Nasties return to the gutter press

SS Experiment Love Camp DVDThere have been many changes in our censorship laws over the years that are to be welcomed. Allowing directors’ greater freedom, whether with sexual imagery and language, has hardly been shown to have damaged society, despite some of the fierce battles fought at the time and which rumble on today. Out of this liberalism has emerged a more creative environment and a more realistic depiction of modern life. What is challenging the boundaries now is the scale and reach of pornography on the internet. Just by the sheer ease with which it can be accessed, it is beginning to enter the cultural mainstream and impinge on the lives of children. This is clearly a development that should be abhorred and stopped as far as possible, but in the end it may simply come down to parents being evermore vigilant.

Whether this has influenced the attitudes of censors remains unclear. Asked about the film SS Experiment Camp, which is on sale in the high street alongside U classified movies, the BBFC said there is nothing in this film that anybody should have any concerns about. The film depicts women being raped, electrocuted, hung upside down, having their ovaries cut out and burnt alive in incineration chambers by guards dressed in Nazi uniforms. That does sound “concerning”.

While censorship should have to make its case, there must be a sensitivity towards survivors of the death camps and their relatives. Depicting the Holocaust as a Jewish invention rightly causes vilification. Why should depicting concentration camps as movie backdrops for sexual violence suddenly be acceptable? This film was banned 20 years ago and there seems no strong argument to have it lifted. Gordon Brown will meet a delegation of MPs to discuss toughening the laws on video nasties amid worries about the influence they have on young people. These arguments may be inconclusive but Mr Brown would be wise to restrict the market in violent pornography.

Comment: We've Heard it All Before...25 Years Ago

Thanks to Julian

Time is running backwards. This is all part of Nutter Brazier's campaign, and we can expect more of this nonsense in the press in the run-up to his Bill.

And, of course, it was the Sunday Times which sparked off the video nasty furore in the first place with articles about ... SS Experiment Camp.

 

28th January    Home Office Hang Ups...
 
Mobile phone voluntary code on age restrictions to be reviewed

Ofcom logoA scheme to prevent children accessing pornography, gambling and other adult services on the latest mobile phones is to be reviewed by the telecoms regulator.

The inquiry has been triggered by complaints from charities about the project, which was launched at the request of the Home Office. It could lead to the voluntary code being replaced with Ofcom regulation.

Mobile phone networks including Orange, O2 and Vodafone signed up in 2004 to a code that is aimed at protecting children using “next generation” 3G phones. Under the code, the phone companies agreed to offer parents who bought the 3G models for their children the ability to install a filter, which would block access to unsuitable internet content such as adult chatrooms.

A classification system for content - similar to that used in cinemas - was also introduced, with unsuitable material to be labelled “18”. The phone companies also agreed to work with law enforcement agencies on the reporting of potentially illegal material.

However, children's charities fear that some of the mobile operators have been lax about marketing and getting to grips with the scheme.

John Carr, secretary of the Children's Charities' Coalition for Internet Safety (CHIS), an umbrella group that includes NCH, Barnardos and The Children's Society, said: My guess is that not all the networks are doing equally well. We have done our own informal studies in some mobile phone shops, where some shop assistants do no know elementary stuff about internet safety.

A spokesman for Ofcom said: To ensure that children continue to receive appropriate protection, Ofcom is working with the CHIS and the mobile operators to review the voluntary code of conduct for mobile content. A report is expected in the summer.

 

28th January    Rubbish Council...
 
Council thugs beat Chinese photographer to death

China flagAuthorities have fired an official in central China after city inspectors beat to death a man who filmed their confrontation with villagers.

The killing has sparked outrage in China, with thousands expressing outrage in Chinese Internet chat rooms, often the only outlet for public criticism of the government.

The incident has also alarmed advocates of press freedom, who say municipal authorities had no right to attack a man for simply filming them.

Police have detained 24 municipal inspectors and are investigating more than 100 in the death of Wei Wenhua, a 41-year-old construction company executive.

The swift action by officials reflects concerns that the incident could spark larger protests against authorities, whose heavy-handed approach often arouses resentment.

On Monday Wei happened on a confrontation in the central Chinese province of Hubei between city inspectors and villagers protesting over the dumping of waste near their homes. A scuffle developed when residents tried to prevent trucks from unloading the rubbish.

When Wei took out his cell phone to record the protest, more than 50 municipal inspectors turned on him, attacking him for five minutes, Xinhua said. Wei was dead on arrival at a Tianmen hospital, the report said.

Qi Zhengjun, chief of the urban administration bureau in the city of Tianmen, lost his job over the incident,.

Chen Yizhong, a columnist on Xinhua's Web site, asked why violence by city inspectors is allowed to continue. Cities need administration, but urban administrators need to be governed by law first, he wrote.

An international press freedom group, Reporters Without Borders, protested the killing: Wei is the first 'citizen journalist' to die in China because of what he was trying to film. He was beaten to death for doing something which is becoming more and more common and which was a way to expose law-enforcement officers who keep on overstepping their limits.

 

27th January  Update:  Experimental Nonsense...
   
Ludicrous MPs resurrect moral panic long past its sell by date

SS Experiment Love Camp DVDFilms with graphic violence, including one [unrealistically] simulating the rape, torture and incineration of concentration camp victims, are being freely sold on the high street, prompting demands by [nutter] MPs for a reform of the censorship laws.

SS Experiment Camp is one of a clutch of violent films banned 20 years ago by the director of public prosecutions that have been approved for general release by Britain’s film censors and are on sale in shops.

The BBFC said there was no evidence that the film causes harm to viewers, adding that there is nothing in this film that anybody should have any concerns about. The board states that sensibilities toward on-screen violence have changed since the film was banned.

However, [Julian Brazier and several nutter] MPs have questioned the censors’ judgment and their greater tolerance of films and video games containing graphic violence. They want Gordon Brown to give the public more power to appeal against the board’s decisions. The prime minister is set to meet a cross-party coalition of MPs to discuss toughening the laws on “video nasties”.

[The nutter] MPs are concerned that films previously considered so shocking that they were banned have been approved for general sale and are desensitising the public to extreme violence. They are particularly worried by the decision of censors to grant a general release certificate to SS Experiment Camp, a 1970s low-budget movie that is sold alongside family films at high-street shops and online.

Jewish groups fear such films trivialise the suffering of Holocaust victims, who in the film are forced to have sex with Nazi commandants and are boiled alive if they refuse to “collaborate”. The blonde camp commandant forces a Jewish doctor to perform sadistic experiments on women prisoners, including live ovary transplants.

Women dressed in striped prison uniforms are forced to become prostitutes, tortured, hung upside down and electrocuted. They are injected and incinerated after refusing to declare allegiance “to the supreme Führer”.

The film’s cover prominently displays the Nazi SS emblem and the words “Previously banned! Legally available for the first time”. Because it has an 18 certificate, it can be sold on the same shelves as U and PG certificate films.

SS Experiment Camp was approved for release by David Cooke, director of the BBFC, Sir Quentin Thomas, the president, and two vice-presidents, Janet Lewis-Jones and Lord Taylor of Warwick. Thomas is a former senior civil servant; Lewis-Jones and Taylor are lawyers. Though it went on sale in October 2006, it has only just come to the attention of MPs, who are shocked by its contents.

A spokeswoman for the BBFC said SS Experiment Camp had been given a certificate with no cuts because we have no concerns about it. Although she accepted it contained sexual violence, she said the board did not believe it was harmful to viewers. It is tasteless – but then I find most Mel Gibson films tasteless, she said. We do not believe that anyone watching this title is going to become antisemitic as a result. It is not going to create an attitude towards Jewish women that is harmful.

A private member’s bill to be introduced by Julian Brazier, the Conservative MP for Canterbury, with support from senior MPs of all parties, would make it easier to challenge the release of “video nasties”.

Brazier strongly disputed the board’s claims and said the release of SS Experiment Camp was a clear case of the BBFC failing to protect the public.

We live in a country where half of all males think forced sex is justified under some circumstances and it’s this kind of film that glamorises the torture of women, Brazier said. This film may have an 18 certificate but in practice, whatever its classification, it will rapidly find its way into the hands of under18s.

A motion by 50 MPs asking for a film’s release to be reconsidered would trigger an instant appeal, under the plans to be debated by parliament next month.

The move is backed by [nutter] Keith Vaz, the former Labour minister, who heads the powerful Commons home affairs committee.

The Holocaust Educational Trust called on the film censors to think again about their decision to release SS Experiment Camp, which was made in Italy by Sergio Garrone in 1976.

And to put the nonsense spouted by these ridiculous MPS here is a review from IMDb

The story involves a group of women who are delivered to the aforementioned SS Experiment Camp. While there they are subjected to some inexplicable experiments, which often seem to involve forced copulation with a group of Nazi studs (who it has to be said all look strangely Italian). The purpose of the experiments is to find the best stud from this Aryan select and transfer his balls onto the camp commandant who, as we discover, lost his when a Russian woman he was raping bit his off.

Now, the above synopsis may well make the film sound deeply depraved and offensive. Well, it is sleazy and in highly dubious taste but the execution of the film is so amateurish and unrealistic that it really sounds a lot worse than it actually is. The depiction of the camp is more Butlins than Belsen at times. The inmates seem relatively unconcerned for the most part and the Nazi baddies are often hilariously unconvincing. That said, there are some nasty moments, particularly the treatment meted out to the young girl at the orgy; she ends up hanging naked upside down in a shot that recalls the aforementioned distasteful cover shot. But, generally speaking, sequences that achieve such offense are uncommon here. The scenes showing the experiments, while certainly tasteless, are often more strange than anything else. The copulation in a tank of water idea being an example where it is too bizarre to take altogether seriously.

 

27th January  Update:  Byron Reporting...
   
BBFC style ratings to be applied to all games

Tanya ByronA likely outcome of the Government commissioned Byron Report is that video games will get BBFC-style age ratings. And these will be legally enforceable.

Ministers want to make it easier for parents to protect their children from violent games by introducing a new, simpler classification system based on age ratings used by the BBFC. Under the new scheme, it would become illegal for retailers to sell any video game to a child who was younger than the age rating on the box. At present, only games with near video content are regulated.

The moves come after more than 400 children and 350 adults responded to an inquiry headed by television psychologist Dr Tanya Byron into the potential dangers to young people of the internet and video games. Her review, due to be published in March, has found that people want clearer information about the content of video games.

Under the current rules, about 10% of the 2,000 or more video games produced each year are given an age rating from the BBFC. Only games that show sex, gross violence, criminal activity or drug use have to be referred to the BBFC. Shop staff can be fined or even sent to prison if they sell a game to a child below the age rating.

The majority of games receive an age rating based on a voluntary system run by Pan-European Game Information (PEGI). PEGI ratings are not legally enforceable, however.

Eileen McCloy, who runs family rights group Not With My Child, said: Voluntary regulation rarely works, shopkeepers don't care so long as the child looks about the right age. It needs to be legally enforceable.

Gordon Brown has indicated that he is prepared to back Byron's recommendation for a single, legally backed classification system.

The Byron review has worked closely with the video games industry, which is worth more than £800m to the UK economy.

David Braben, the founder of Frontier Games, said there was already a strict regime in place which the industry went to great lengths to adhere to. He said parents and retailers must take some responsibility: The real question is how seriously do people take the existing regime. I have been in a shop when a woman was buying an '18' game for what looked like a 10-year-old and you'll find that games like Grand Theft Auto: San Andreas, which has an 18 rating, are being played by children.

Sue Clark, the BBFC's head of communications, said: Our research shows that the public knows and understands the BBFC system and that the age limits relate to content not to their level of difficulty.

 

27th January    US TV Censors in Need of Cold Shower...
   
NYPD Blue nudity winds up the nutters

A nude scene from NYPDUS television network ABC may have to pay a total fine of $1.4m (£707,000) for airing an episode of NYPD Blue which depicted female nudity. The proposed penalty has been imposed on all 52 of ABC's stations who broadcast the episode.

The Federal Communications Commission (FCC) said the 2003 show had "multiple, close-up views" of a woman's buttocks before the US watershed.

The FCC deems "sexual or excretory activities" shown in an "offensive" way before 2200 as indecent.

ABC has rejected the claims, saying the buttocks are not a sexual organ. The scene in the police drama shows a boy surprising a naked woman as she prepared to take a shower.

The FCC said it received several complaints about the sequence, which also showed one of the woman's breasts.

An ABC spokeswoman said that the programme was broadcast with parental warnings and that the realistic nature of NYPD Blue's storylines was well-known to the viewing public.

The broadcaster has said it will appeal against the decision, which is the second largest indecency fine imposed on a broadcaster.

 

27th January  Offsite:  Law and Orders...
   
We should be able to oppose the government's crackdown on filesharing but...

Frank Fisher....And even if some legislation was introduced to formalise these server blocks, can we trust parliament to examine it properly?

If we take the example of the provisions in the current criminal justice and immigration bill regarding "extreme pornography" - closely targeted at internet users - then it's doubtful we can rely on the Commons at all. The third reading debate was guillotined to just eight hours. "Extreme pornography" barely got a mention and the proposals to criminalise men who pay for sex, subject of so much debate here on Cif, did a little better. Just one MP was permitted to speak for 15 seconds. If you want a shocking snapshot of the appalling way we're governed today, take a look at the Hansard transcripts, if you don't have time for that then this opening comment from Tory Edward Garnier to his clearly embarrassed Labour opposite number, David Hanson, might give you an inkling of the mood: "May I begin by congratulating the minister on his ability to keep a straight face?"

By preventing debate the government was able to kick the bill to the House of Lords, where finally some sanity may prevail. Already half a dozen lords have spoken up to oppose the extreme pornography proposals, from one perspective or another - not that you would know it from the media. We even had, thanks to the Earl of Onslow, a suggestion that what people get up to in their own homes, or own dungeons, might not be the proper concern of government. Can it really be that the UK's last remaining defenders of individual freedom are the lords? Optimists even reckon that in Lords committee stages the bill might be stripped of its worse excesses.

Read the full article

 

27th January    Playing Cuts and Bans...
   
India decides to censor computer games

I&B logoAlarmed with the violent content of video games and the effect they have on children, the Information and Broadcasting Ministry has decided to censor video games.

As per the proposal, the government will slot video games in terms of the age groups of kids they are suitable for, this classification is to be prominently displayed on the game pack.

The Ministry is considering an amendment in the Cinematograph Act, 1952, to give the Censor Board mandatory powers to check video games entering the Indian market.

Censor Board chief Sharmila Tagore had recently submitted a proposal to the ministry seeking powers to ask video games manufacturers to delete objectionable portions in the games. If required, the board should also be able to ban a particular video game, the way it can ban a movie, she wrote.

 

27th January    Becalmed
   
The Kite Runner banned in Afghanistan

The Kite Runner DVDAfghanistan has banned the import and exhibition of The Kite Runner, a film about the troubled friendship of two Afghan boys, on the grounds that it could incite violence.

The U.S. studio behind The Kite Runner, based on the 2003 best-selling novel by U.S.-based Afghan author Khaled Hosseini, last year had to get its three young stars out of their homeland before the movie debut to protect them from a possible backlash.

Paramount Vantage released the film last month after delays due to the extraordinary precautions taken to address concerns about the film’s depiction of one boy’s rape and other scenes of conflict between members of Pashtun and Hazara tribes.

On the basis of the instruction of the Information and Culture Ministry, The Kite Runner film’s depiction and import has been banned, Latif Ahmadi, the head of state-run Afghan Film told Reuters: Because some of its scenes are questionable and unacceptable for some people and would cause sensitiveness and would cause trouble for the government and people.

In one controversial scene, Hassan is raped in an alley by a Pashtun bully. The rape scene is considered inflammatory and anti-Islamic in Afghan society.

 

27th January  Update:  Allah Trademarked
   
Malaysia seizes children's books that contain the word 'Allah'

Malaysia flagAdding to the furor over whether non-Muslims have the right to use the word “Allah” in their publications and religious practice, it is reported that officials confiscated English-language Christian children’s books because they contained images of prophets.

The government reportedly said Internal Security Ministry officials confiscated the books because their illustrations of prophets offended the sensitivities of Muslims. Islam, which shares some prophets in common with Christianity, prohibits the portrayal of prophets.

Enforcement officials of the Publications and Al-Quran Texts Control Department under the Internal Security Ministry reportedly confiscated the books from three bookstores in Johor Bahru, Senawang and Ipoh in mid-December.

The books have been sent to the department’s headquarters in Putrajaya for investigation. Managers of the MPH bookstores reportedly said they will wait for the Internal Security Ministry’s decision on the books.

In a statement released on January 17 , the Rev. Dr. Hermen Shastri, general-secretary of the Council of Churches Malaysia questioned how the books could be offensive to Muslims when they were not meant for them. In the strongly worded statement about the seizures, Shastri said government officials have no right and have overstepped their bounds by confiscating Christian literature.

He urged the prime minister and his Cabinet to take immediate action to put a stop to such seizures and to amend administrative rules and regulations especially in the Internal Security Ministry that give a free hand to enforcement officials to act at their whim and fancies.

At the same time, the debate over whether non-Muslims can use the word “Allah” in publications and religious practice was stoked when the Internal Security Ministry told the Sun on January 16 that it had confiscated a total of 163 publications comprising 18 titles from bookshops nationwide.

A ministry official told the daily that the seizures were made because the word “Allah” was used in the books. But Deputy Internal Ministry Minister Johari Baharum reportedly said that the ministry did not target Christian books.

 

27th January  Update:  Unauthorised Best Seller...
   
Tom Cruise book is selling well to Australia

Tom Cruise: An Unaurthorised BigoraphyAn underground market for the new unauthorised Tom Cruise biography has sprung up on auction site eBay, with Australian buyers willing to pay a significant premium for the book.

There were dozens of auctions for Tom Cruise: An Unauthorized Biography - many offering multiple copies - and bidders willing to pay up to $61.50. The book is available on Amazon.com for about $30, including shipping.

The book is now number one on the Amazon best-seller list.

It will not be printed in Australia and US distributors have now said they will no longer export the book, by British author Andrew Morton, outside the US and Canada.

But eBay sellers are getting around the ban on the book by having partners make bulk retail purchases in the US.

We've got two shipments coming, the first is 150 books," said a man selling the books on ebay, Wojtek: We're buying multiples of 100 at a time. The demand is quite substantial, we need to get in as many as we can as quick as possible.

 

27th January  Update:  Letter to Turkey...
   
Re Article 301, an insult to free speech

IPI logoIn an open letter, the International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, criticises the ongoing failure of the Turkish government to reform the internationally denounced article 301 of the Turkish penal code.

H.E. Recep Tayyip Erdogan Prime Minister of Turkey
H.E. Abdullah Gül President of Turkey

Your Excellencies,

The International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, would like to express its disappointment at the Turkish government’s failure to initiate reform of the criminal defamation articles laid down in the Turkish penal code, in particular article 301.

As you are aware, article 301 criminalises insults to "Turkishness" and carries a sentence of up to three years imprisonment. This article has been heavily criticised by the international community and its reform is a prerequisite to Turkey’s accession to the European Union.

According to information before IPI, comments made on 7 January by Mehmet Ali Sahin, the Turkish Minister for Justice, suggested that the long awaited reforms to article 301 were due to be brought to Parliament last week for debate. However, Prime Minister Tayyip Erdogan denied this the following day, stating that the draft reforms were incomplete. Certain press reports suggested that the reform package would be introduced to the floor of the Turkish parliament this week. However, this has not yet happened.

IPI would like to urge the Turkish government to reform article 301, as the threats it represents to freedom of expression are in stark contrast to the rights laid out in Article 10 of the European Convention on Human Rights.

The willingness of the Turkish government to tackle this issue has special relevance at this moment in time. This week sees the first anniversary of the brutal murder of Turkish-Armenian journalist Hrant Dink, who was killed outside his offices in Istanbul on 19 January 2007. Dink, who was nominated IPI World Press Freedom Hero for 2007, had his conviction for breaching article 301 upheld in July 2006. Dink had received various threats from nationalists, and his murder was followed by widespread calls for changes to article 301, including an admission by President Gul in October 2007 of the necessity to reform this pernicious law. However, the article remains on the statute books.

IPI urges the Turkish government to place the package of reforms before parliament and to repeal article 301, and in doing so fulfil its obligations as a modern democracy. IPI also urges the Turkish government to repeal all other laws that impinge on freedom of speech, such as article 318, which criminalises "alienating the public from military service", and article 5816, which contains provisions for "insulting or cursing the memory of Ataturk".

Both of these laws were applied this week against Yasin Yetisgen, editor-in-chief of the newspaper Coban Atesi.

Yours sincerely,

David Dadge
Director

 

26th January    Extreme Rights Abuse...