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ISMUNHK 2020Human Rights Council

CHAIR REPORT

TOPIC: The Conflict Between Censorship and Freedom of Expression

By Grace Zheng

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Contents

Topic Introduction……………………...……………..……………………………………3

Key terms……………………...………………………………………………………..……4

Background information and key areas to consider ……………....…………………7

Key parties involved……………………...………………………………………………11

Timeline……………………...………………………………………………..……………15

Possible solutions……………………...………………………………….………………16

Bibliography……………………...………………………………………………..………17

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Topic Introduction“Whoever controls the media, controls the mind.” - Jim Morrison

Censorship is not a modern concept. From the burning of ancient Mayan books to the

rise of ‘The Great Firewall of China’, the challenge and suppression of free speech is not one

that we are foreign to. Social media, originally promised as a paradise for free speech, has

been under continuous scrutiny by local governments and laws, jeopardized by the growth of

digital authoritarianism. Unregulated platforms have become tools of exploitation for

repressive regimes to control the public mind, shifting power from civil society back to

governments once more. Mass surveillance of the general public has also been a persisting

concern, as the presence of social media platforms means it has become much more feasible

for many repressive states to employ artificial intelligence online to identify perceived threats

and indesirable comments, even in democracies.

Furthermore, social media platforms have frequently been used as tools of

dissemination for political campaigns, especially during election periods. This draws

additional apprehensions regarding the spread of false information, as well as more extreme

propaganda. Increasing pressure has also been put on the press.

A map showing press freedom around the world in 2019 by organisation Reporters Without

Borders.1

1 "2019 World Press Freedom Index | RSF ...." https://rsf.org/en/ranking. Accessed 22 Mar. 2020.

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Journalists around the world have been threatened and imprisoned for reporting on

‘sensitive’ or ‘inconvenient’ information. At least 250 journalists have been imprisoned in

2019 and 49 were killed - mockingly, this has been called a ‘historically low’ number by

experts, being a 44% decrease from numbers the year prior. However, it is undeniable that the

imprisonment of hundreds of journalists is an indirect threat to the global information system,

as well as its validity.

Politics was the most common reason journalists were held behind bars, followed by

human rights and corruption. Waves of protests swept the world in 2019, with mass

movements that challenged the political power of autocracies. Civil resistance has brought

down leaders, alarming dictatorial regimes across the world but the ensuing instability has

also posed inevitable dangers to the security of the press. The definition of censorship is

rapidly changing in our digital era and the internet’s promise of free speech should not be

reserved only for the minority of those living in developed democracies.

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Key TermsCensorship

The intended act of controlling and often, withholding information or ideas in society.

Censorship was considered to be an element of good governance in both ancient Rome and

China, deemed necessary by the governments as a way of maintaining ‘good’ political ideals

amongst the people. The most common practices of censorship included the examination and

ultimately the destruction of various types of media, such as books, news articles, radio, TV

programs etc. With the creation of the World Wide Web, many governments have begun

filtering and blocking ‘sensitive’ information online.

Social Media

Interactive online platforms that facilitate the dissemination of information. They are

designed so information can be shared in real time in a fast and efficient manner. Social

media is internet based and allows for ‘online networking’, focused on community based

input, interaction and collaboration. The number of people using social media is projected to

increase to almost 3.1 billion in 2021. The largest social media platform is Facebook, with

around 2.50 billion monthly active users.

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Social media platforms ranked by usage.2

Hate Speech

Hate speech is defined by the International Covenant on Civil and Political Rights as ‘Any

advocacy of national, racial or religious hatred that constitutes incitement to discrimination,

hostility or violence”. It is largely recognized as forms of expression that target a

person/group based on factors such as ethnicity, gender and religion. However, there is no

universal definition for what such speech constitutes, as it is largely subjective and can vary

based on local legislation.

Circumvention

Internet circumvention refers to the use of tools to bypass internet censorship. These range

from simple web proxies to Virtual Private Networks (VPN) and are used in countries with

heavy online censorship such as China. There is a range of softwares on the market dedicated

towards circumventing internet censorship.

Intranet

With the prefix ‘intra’ meaning ‘internal’, an intranet is a private network designed to be used

only by authorized users of an organization. It is used by businesses and schools but also in

certain states as a way to censor out unwanted information that would otherwise be available

on the internet.

Sedition

In many countries, speaking against the authority of a state or monarch is a felony. The act of

inciting a revolt through language and behavior, especially with the intention of persuading

others to follow suit is known as sedition. It often encourages the overthrow of the

government and can be punished for up to 20 years in prison in some countries.

Terrorism

2 "Most Popular Social Media Platforms in 2019 | Oberlo." https://www.oberlo.com/statistics/most-popular-social-media-platforms. Accessed 22 Mar. 2020.

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Terrorism refers to the use of violent methods in order to further/achieve certain political

ideals. This can be physical, as well as verbal - threats, intimidation, etc. and is often targeted

towards civilians.

Activism

Activism is the practice or campaigning , advocating and taking action in order to bring about

social/political change. Activism has made crucial impacts all throughout history, whether

it’d be ending slavery or supporting equality for women, it often involves social movements

that unite individuals with similar perspectives. However, activists in the past have also used

pieces of media and literature to advocate for their cause - now, many also reach to social

media to increase engagement with the general public.

Prisoner of Conscience

Someone imprisoned due to their peaceful expression of political, religious or other

conscientiously held beliefs, most probably due to a clash with the government.

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Background informationFree Speech vs Hate Speech

As listed in Article 19 of the Universal Declaration of Human Rights (UDHR),

“Everyone has the right to freedom of opinion and expression; this right includes freedom to

hold opinions without interference and to seek, receive and impart information and ideas

through any media and regardless of frontiers”. A similar idea is supported in the

International Covenant on Civil and Political Rights (ICCPR); freedom of expression

includes the “freedom to seek, receive and impart information and ideas of all kinds,

regardless of frontiers, either orally, in writing or in print, in the form of art, or through any

other media of a person's choice”. Although the UDHR is not legally binding, it sets out

fundamental human rights to be universally protected. However, it has always been difficult

to draw the line between hate speech and free speech, as defining them can be highly

subjective.

According to the United Nations, hate speech is ‘any kind of communication in

speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with

reference to a person or a group on the basis of who they are, in other words, based on their

religion, ethnicity, nationality race, colour, descent, gender or other identity factor’. Hate

speech is not tolerated in most nations, as it is considered a threat to the cohesiveness of

democracies and evoke wider acts of violence. Each nation has their own definition of what

hate speech accounts for; for example, the US Supreme Court has repeatedly ruled that hate

speech can be considered legally protected free speech under the First Amendment. There

have also been arguments for ‘academic freedom’ of which rights belong to a discipline or

profession, rather than an individual - however, the boundaries are equally blurred, with

many agreeing it is necessary to the advancement of knowledge but others unclear as to what

it entails. At the end of the day, the definition largely comes down to the society the laws are

cast within.

Political and Economic Influence

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It is no secret that governments use censorship to control the minds of the public.

From the recent controversy surrounding the concealment of information relating to the

coronavirus outbreak, we can see the threat and impact censorship can have on the general

public. The most censored countries by ranking are currently Eritrea, North Korea,

Turkmenistan, Saudi Arabia and China. In most highly censored states, the governments are

in control of the state media. In other nations, governments choose to use an intranet, but in

all states, sites and platforms that promote freedom of expression such as Twitter and other

social media giants are blocked. Citizens are restricted access to online sources and many will

choose to download tools such as VPN to circumvent the censorship. Governments may also

selectively expose pieces of information and propaganda that is deemed beneficial to the

state, and in all cases voices critical of their policies will be silenced. This is all to sustain a

consistent and positive outlook on the nation from the inside, preventing chances of rebellion

or revolts forming.

It could be said that in day-to-day work, journalists are merely exercising their right to

freedom of expression. However, in 2016 UNESCO reported that on average, a journalist was

killed every four days. Even more journalists are kept as prisoners of conscience in nations

around the world, with China and Turkey being the top offenders. Journalists have the vital

role of reporting and giving an objective view on issues of public interest - but it is exactly

because of this that they become targets for governments. An independent press has power

because they aren’t regulated by the government; they are able to present findings as they are,

expose issues like corruption and still be protected. However, their freedom is clearly limited.

Harassment, death threats, imprisonment - these are all threats that journalists face. Findings

by the New York based Committee to Protect Journalists show that 9 out of 10 kills go free;

in the Organization for Security and Co-operation in Europe (OSCE) region, only 3 out of

30+ deaths have been prosecuted. A free press is essential to maintaining a democratic

society, allowing for the circulation of ideas and news. Even with today’s technological

advancements, we still rely on journalists and those at the forefront of the field to give us a

clear view of events locally and globally. Therefore, it is crucial that the integrity and the

freedom of the press is protected.

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Parents of American journalist Austin Tice who is suspected to have been imprisoned or

murdered by the Syrian government.3

China is notorious for the political and economic influence it exerts through

censorship. However, its 1.3 billion population has long been an important market

opportunity for foreign investors and the government is in full control of who can trade in

China. When president Clinton signed a trade deal with China, he had hoped that the US

would be able to influence China’s human rights policies but instead, foreign companies now

have to comply with China’s censorship regulations. Large companies like Gap, Zara,

Versace, McDonalds etc. have all issued apologies to China in order to maintain their market

access. Most recently, Houston Rockets’ manager Daryl Morey tweeted a message in support

of the Hong Kong protests. Although the NBA has backed him up, stating that Morey was

only practicing his right to the freedom of expression, all NBA games have been suspended

on Chinese TV as well as on Tencent, China’s largest broadcasting platform. China has lifted

800 million people out of poverty and having enjoyed an explosive growth in past decades,

households in China now have more disposable income - all these means business for foreign

companies.

3 "Washington Post." https://www.washingtonpost.com/. Accessed 22 Mar. 2020.

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T-shirts made by Gap showing a map of China without Taiwan.4

Terrorism

There is also the presence of real terrorists on social media platforms. According to

Interpol, Terrorists use social media for the ‘radicalization, recruitment, funding, planning

and execution of terror activities’. Interpol has conducted searches on social media platforms

in the past to identify potential witnesses, such as after the London Bridge attack in the UK in

2017, and the attack at a hotel complex in Nairobi, Kenya, in January 2019; currently, they are

looking to work with the United Nations Counter-Terrorism Centre to further this. However, due

to the nature of politics in terrorism, counter terrorism laws can often clash with rights to free

speech. Cyber terrorist sermons, instructional videos, articles - there are many types of terrorist

propaganda published online, leaving the general public to be vulnerable to violent and extreme

agendas. On a single day in 2014, ISIS posted nearly 40,000 tweets. In the United States, this

tests the extent of the first amendment. Social media is also changing the way the public learns

about terrorist attacks. Information spreads in real time through platforms such as Twitter and this

means authorities also have to consider public response in the aftermath of these attacks -

especially incidents such as hate crimes and verbal threats.

4 "Clothing retailer Gap apologises to China after failing to ...." https://www.hongkongfp.com/2018/05/15/clothing-retailer-gap-apologises-china-failing-include-taiwan-south-tibet-t-shirt-map/. Accessed 22 Mar. 2020.

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Key parties involvedPeople’s Republic of China

There are 3Ts in China - Taiwan, Tibet and Tiananmen. Ever since the first set of

interim provisions for governing computer information was enacted in 1996, China has

become infamous for its censorship system, nicknamed the Great Firewall. The system is

used by the government for political purposes and the nation claims that they have the right to

censor content and that the censorship is not an infringement on individuals’ right to speech.

Over 18 million internet users in China are currently using methods of online circumvention

to bypass the Great Firewall. Authorities use filtering systems to find ‘sensitive’ articles,

often containing critical or defamatory comments and block their access within China. In a

study conducted by political scientist Gary King, the team found that ‘objectionable posts are

removed with a near-perfect elimination rate and typically within 24 hours of their posting”.

Coronavirus stories in China are currently circulating online in the form of braille and a mix

of text and emojis.5

In 2019, China imprisoned the most journalists in the world, the number estimated to

at least 48. Investigations about the re-education camps in Xinjiang province have put dozens

5 "Chinese internet rallied to save a censored coronavirus story ...." 11 Mar. 2020, https://qz.com/1816219/chinese-internet-rallied-to-save-a-censored-coronavirus-story/. Accessed 22 Mar. 2020.

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of journalists behind bars. In the World Press Freedom Index, China is ranked 177th - just

above Eritrea, North Korea and Turkmenistan. In 2020, following the coronavirus outbreak

the central government is once again censoring information, this time, from heavily infected

cities in the province of Wubei. However, their attempt at censoring the outbreak is facing

severe backlash on social media platforms by Chinese citizens who are attempting to counter

the system through the use of braille and other codes. China is said to have one of the most

sophisticated censorship systems in the world and it will be a tough uphill battle to restore

internet freedom in China.

Democratic People’s Republic of Korea

All media in North Korea is owned by the state. As one of the most repressive

regimes in the world, North Korea also has one of the strictest censorship systems in the

world. Information is relayed to the public through the Central Korean News Agency and few

members of North Korean society have access to newspapers and television. High ranking

officials however, have access to a paper called the Chango Sinmun, meaning ‘reference

paper’ - this contains information from other countries, such as from China’s state-run

Xinhua. Access to the global internet is even more guarded as only individuals who perform

tasks that require them to be online are granted access. Instead, North Korea has its own

intranet called Kwangmyong, which contains only several thousand sites that cover national

politics, economics, culture and science that is fully monitored by the government. The

journalists in North Korea all work for the government and they aim to shed a positive light

on the regime through their work. Similarly, plays and films in the nation all serve the same

function - to boost the reputation of the government. Foreign journalists that enter North

Korea are forbidden from accessing cell phones and GPS devices, and when in the country,

they are almost always accompanied by a guide.

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United States of America

The first amendment to the United States constitution guarantees and protects

citizens’ freedom of expression against any type of censorship from the government with few

exceptions, such as acts of obscenity e.g. child pornography. Important acts that passed

included the Communications Decency Act of 1996 and Child Online Protection Act of 1998.

Although censorship in the United States began with political origins, it gradually shifted to

deal with more criminal offences. However, it is important to note that the first amendment

applies only to the government, which allows social media platforms to decide on their

definition of hate speech. However, as long as these internet companies do not imitate

traditional media companies like Fox news or the New York Times and remain neutral, they

are not liable for what appears on their sites.

Despite this, the undeniable truth is that social media has been used extensively to

manipulate the public mind; at times, not even by that state’s government. Russia interfered

with 2016 elections to boost Trump’s chances of winning and create discord in the US.

During the elections, Russia hindered with the Hilary Clinton campaign, released politically

damaging information on platforms, staged rallies in the state of Florida and Pennsylvania

and met up various times with members of Trump’s campaign - just to name a few. This

article contains more information on the extent of Russia’s influence.

Turkey

Similar to many other nations, being pro-government is crucial in Turkey; criticisms

in the past such as those critical of Turkey’s policies towards Kurds can bring about

‘terrorism’ charges. In fact, terrorism laws have been used by Turkish courts as methods of

prosecuting hundreds of demonstrators and those that were successfully convicted faced long

prison sentences for speaking out. Before China, it was Turkey that jailed the highest number

of journalists in the world - 68 in 2018.

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Meanwhile, regulations that went into practice in Turkey in August of 2019 means

that all broadcasters who want to provide radio, television and any other broadcasting service

online will first need to acquire a license. It is estimated that almost 245,000 websites have

been blocked in Turkey, with Twitter, Youtube and Wikipedia having also faced temporary

blocks. Online streaming platforms also face the same censorship rules as broadcast

television, which prohibits the presence of factors such as drug use and nudity. However,

these laws have been met with firm resistance from many Turkish citizens - who started

#TurkeyBlockedTwitter whilst Twitter was blocked nationwide. Despite the constitution

guaranteeing ‘freedom of the press nation’, it also recognises and penalizes works that would

threaten the status and security of the state, as well as encourage criminal activity.

Cuba

Cuba prohibits private ownership of mass media. All these outlets are considered

property of the communist party. Whilst independent journalism is permitted in some cases,

those who have critical views of the government are forbidden from expressing their opinions

- those who don’t obey are thrown into prison. In March of 2020, Cuban artist Luis Manuel

Otero Alcántara was detained for opposing Decree 349 which is a rule that focuses on

censoring artists. The most censored topics related to human rights issues, circumvention

tools and negative opinions of the government. According to sources within Cuba, the

nation’s cellphone network has also been censoring messages that contained the phrase

‘democracy’ or ‘hunger strike’.When users access a censored site in Cuba, they are

automatically redirected to another blocked webpage which makes it difficult for them to

differentiate between a site that is censored and one that is experiencing errors. The country is

still experiencing economic hardship due to the US's strict trade embargo which also makes

access to technology for Cuban citizens very difficult. Regular internet is slow and expensive

although the government claims the cost will fall once the island’s communication

infrastructure improves.

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Amnesty International

Amnesty International is an international NGO organization dedicated to the

preservation of human rights in respect to international law. They believe that governments’

treatment of ‘unfavourable views or critical voices is often a good indication of how they

treat human rights generally’ and support people who speak out peacefully for themselves

and others. They consider ‘anyone put in prison solely for exercising their right to free speech

peacefully to be a prisoner of conscience and call for their immediate and unconditional

release’. There are various articles about the action they’ve taken against the rise of

censorship.

Reporters Without Borders

Reporters Without Borders is an organisation with consultative states with the UN,

dedicated towards maintaining people’s freedom and access to information. They believe

that the freedom of expression is the most important freedom. With a network of

correspondents in over 130 countries, they have challenged governments and ministries over

legislation relating to media and internet standards. Founded by journalists, it provides

support for journalists that meet their financial and security needs. They also assist journalists

who are currently undergoing persecution and collaborate with governments to monitor and

fight attacks on freedom of information.

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Timeline

Date Description of event

443 BCOffice of censor is established in Rome. The concept of good governance included shaping the ideals of the people.

300 AD The first censorship law is established in China.

1700 - 1800 Press and newspapers across Europe are subjected to strict censorship.

10 December 1948The UDHR is proclaimed by the General Assembly, setting out a list of fundamental human rights to be universally protected. Article 19 lays out the universal right to freedom of opinion and expression.

1978The Foreign Surveillance Act (FISA) was passed, authorizing electronic surveillance and allowing specific organizations to obtain foreign intelligence information.

10 May 1993Largest book burning of literature that did not align with beliefs of Nazi philosophy - this was continued by persecution of those with similar ideologies.

23 January 1996The first regulation passes and the Central Government of China begins censorship on the internet.

1996The Communication Decency Act (CDA) was passed, prohibiting the spread of offensive and inappropriate information on public webpages.

1998 - 2003The ‘Golden Shield’ initiative is launched in China, limiting citizens’ access to materials deemed ‘disruptive’ to country leadership. The Great Firewall of China rises.

1999Specifications for the first VPN are published online, allowing citizens to establish a secure connection to another network over the internet.

29 April 2017Wikipedia is banned in Turkey for 991 days, after refusing to delete critical articles relating to Turkey’s government.

2 October 2018Washington Post journalist Jamal Khashoggi murdered and dismembered by agents of the Saudi government. Saudi Crown Prince Mohammed bin Salman denies it was taken under his orders.

2019Waves of protests sweep across six continents, occuring in countries such as Chile, Lebanon, Iraq, Hong Kong, Spain and more.

16April 2019Russian Duma deputies pass a bill allowing Russia to create its own autonomous internet.

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2020The Chinese government suppresses the release of footage and news relating to the coronavirus outbreak. This time, chinese citizens are resisting and rallying against censorship.

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Possible SolutionsFirstly, it is undeniable that freedom of expression is a human right. However, a balance must

be found between fighting and preventing the presence of hate speech in the media and

online, as well as ensuring that the right to free speech is protected. Delegates should be

careful that restrictions placed to resolve hate speech should not impact or be used to silence

minority populations or academic freedom. Many online platforms use self regulation, which

asks users to report hateful or discriminatory information. However, not all media giants are

currently liable for harmful content on their platform and states such as the United Kingdom

have come out to say they plan on releasing new legislation that will help better tackle

dangers online. In Germany, if illegal content is not removed within 24 hours of posting,

those companies will also receive a fine. However, in mostly authoritarian nations or states

where the government owns the media, there is nothing preventing the news or the internet

from being subjected to government propaganda and filters.

However there should be no reason for journalists, artists and those with similar careers to

become held by states as prisoners of conscience. Governments need to free those held

unfairly in their prisons and delegates should consider new legislation to protect the rights of

those working in the field. Regarding terrorism, states should also refer to the ICCPR to

ensure any acts that encourage exremist activity should be reviewed and if necessary,

censored. There is no distinct solution for this issue and delegates need to negotiate to find a

balance - or else, they will inevitably fail in passing a resolution for this issue.

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