Just a few days before the Lunar New Year holidays, Beijing strives to intimidate the public with “invitation to drink tea”, a common practice of summoning individuals and threatening them with criminal prosecution, should they dare to share information contrary to the regime’s interests. Nine of the ten offences mentioned can be applied directly to journalists and their sources.

With a Political commentator recently given a suspended death sentence for “espionage”, the Chinese regime is continuing its unrestrained crackdown on the right to information. “Suspected acts endangering national security” or “leaking state secrets” are among the ten offences punishable by an “invitation to tea“. This term, more sinister than it sounds, represents in popular parlance, a summons by the authorities, often followed by criminal proceedings or arbitrary detention in the regime’s black jails.

The list of matters that would warrant an “invitation” was published on the Chinese social media WeChat by the Ministry of State Security on 30 January, just a few days before the Lunar New Year holidays, which begins on 8 February. As 1.4 billion Chinese citizens prepare for the New Year’s family gatherings, this list of offences is a chilling reminder to choose their conversation topics carefully.

As customary in the country, the offences are defined in terms so vague that they could apply to any type of online or offline activity, and the work of journalists, including exchanges with their sources, are specifically threatened. Of the ten offences listed, nine directly concern the sharing of information contrary to the interests of the regime.

“Framed as a reminder of legal regulations, in reality the list is yet another ploy by the Beijing regime to further intimidate the Chinese public, clearly including the media and their sources, into self-censorship during the Lunar New Year holidays. We call on the international community to step up the pressure on this Orwellian regime to stop violating press freedom and the right to information, two principles that are enshrined in the country’s constitution.”

Cédric Alviani, RSF Asia-Pacific Bureau Director

Occasions for “invitation to tea” tailored to repress journalists:

1 – “Suspected acts endangering national security”: this catch-all expression can cover any activity considered to be contrary to the interests of the regime. It refers to the National Security Law adopted in 2015, which allows for the punishment of “terrorism”, “separatism” or “subversion”. In the Xinjiang autonomous region in western China, where the authorities are waging a ferocious crackdown on the Uyghurs, at least 70 journalists are being detained on the pretext of national security.

2 – “Acts or complicity in espionage”: this expression directly targets Chinese or foreign journalists, who by their very nature seek information hidden from the public, as well as their sources and collaborators. In 2023, the regime adopted an extended version of the counter-espionage law, which now covers all journalistic activities. At least eight Chinese journalists are currently imprisoned for “espionage“, including Dong Yuyu.

3 – “Failure to take security precautions against spying”: the relatives or colleagues of a person accused of espionage could be made co-responsible for their alleged “failure” to take security precautions against spying. This provision refers to Article 8 of the new counter-espionage law, which states that “citizens must support counter-espionage efforts in accordance with the law and protect state secrets.” It encourages paranoia towards journalists and could also force them into self-censorship to protect those around them.

4 – “Violation of permits for construction projects involving national security issues”: this offence is the only one on the list that does not concern the sharing of information.

5 – “Refusal to cooperate with an espionage investigation”: this provision, contained in the counter-espionage law, seriously compromises the principle of confidentiality of sources by obliging journalists to disclose the origin of information to which the regime wishes to have access.

6 – “Illegally acquiring or holding state secrets”: in China, any information that is negative for the regime’s image is potentially a “state secret”. Investigative journalists are frequently convicted of “illegally obtaining or possessing state secrets”, like journalist Huang Qi, 2004 RSF press freedom prize laureate, who is currently serving a 12-year prison sentence on this charge.

7 – “Illegal production or use of spy devices”: the absence of a definition of the offending “devices” suggests that any video or audio recording device, such as a camera or tape recorder, or even a smartphone, could be considered by a Chinese judge to be a spy device. Article 25 of the new counter-espionage law authorises the authorities “to inspect the electronic equipment, facilities, and related programs and tools” of persons suspected of espionage.

8 – “Disseminating state secrets”: this provision supplements offence number 6. Swedish publisher Gui Minhai was kidnapped in Thailand in 2015 and sentenced in February 2020 to ten years in prison for “illegally providing state secrets and intelligence overseas“.

9 – “Violation of the order to leave the country”: this offence, which is based on the law on control of the entry and exit of foreigners, particularly targets foreign correspondents in China, who can be arbitrarily ordered to leave the country. In recent years, Beijing has increasingly resorted to “visa blackmail” to intimidate foreign journalists.

10 – “Acts endangering national security other than espionage”: this offence seems totally redundant with the first on the list.

Since Chinese leader Xi Jinping took power in 2012, he has been conducting a full-scale crusade against journalism as revealed in RSF’s report The Great Leap Backwards of Journalism in China. On 5 February, in a further escalation, the regime announced a suspended death sentence for Australian political commentator Yang Hengjun on trumped-up charges of “espionage“.

China is ranked 179th out of 180 countries and territories in RSF’s 2023 World Press Freedom Index. It is the world’s largest captor of journalists and press freedom defenders, with at least 120 detainees.

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New media laws under scrutiny

In India, the Telecommunications Act of 2023 was passed in December amid objections by civil society groups that it “enables indiscriminate surveillance, undermines encryption, and erodes privacy and safety online.” IFEX member SFLC.in warned that the new law “raises significant concerns regarding the dilution of procedural safeguards, potential infringements on privacy rights, and the broadening of governmental powers in the interception and suspension of telecommunication services.” It added that the law expanded the grounds for the government to suspend telecommunication services “without any substantive checks and balances.”

In Sri Lanka, the Online Safety Law took effect this month. The government claims it will help curb cybercrimes. However, critics point out that it will lead to the establishment of an Online Safety Commission with no independence from the executive. Under the law, this commission has broad powers to take down content and block access to accounts on “extremely vague and overbroad grounds”. Human rights groups have warned that it could enable “over-censorship” and “self-censorship”, which might affect public discourse ahead of the elections scheduled to take place later this year. It is worth noting that social media played an important role in the 2022 protests that led to a change in government.

In Nepal, several bills introduced in 2023 will be deliberated this year. These include the National Mass Communication Bill, Media Council Bill, Information Technology Bill, and Social Media Regulation and Management Bill. Freedom Forum executive chief Taranath Dahal wrote that “an informed and inclusive debate is essential” in tackling these measures:

“If freedom of expression and press freedom elude these laws and policies at federal and provincial levels, the foundation of democracy would be weakened.”

Afghanistan: From bad to worse

Afghanistan’s media situation continues to worsen under Taliban rule. In 2023, the Afghanistan Journalists Center (AFJC) documented at least 168 instances of press freedom violations, which included 61 arrests involving journalists. The group noted that journalists who ignored or disregarded the 14 media directives issued by authorities have faced punitive measures.

In the past month, attacks against the media have intensified. For example, the private Nan FM radio station was forced to shut down after it was raided by security forces.

Three journalists were briefly arrested. Ehsan Akbari. a reporter for Japan’s Kyodo news agency, was detained for nine days. Journalists Ahmad Jawad Rasooli and Abdulhaq Hamidi of Gardesh-e-Etilaat News Agency were arrested on 18 January and allowed to post bail two days later. Taliban officials have not disclosed the reasons for making these arbitrary arrests. In response, AFJC urged the government to stop the media crackdown:

“AFJC urgently calls upon the General Directorate of Intelligence to cease the mass arrests of journalists, which perpetuate fear and self-censorship within the journalism community and hinder the operation of media outlets.”

Meanwhile, the Acting Minister of Information and Culture of the Taliban issued a letter directing the media to refrain from using “foreign terms” in order to protect the country’s “national identity.” AFJC said this could prevent the media from using different languages to effectively deliver news content.

Media-related arrests, raids, and the imposition of restrictive guidelines reflect the worrying state of free speech in the country. This prompted Nai, an organization supporting open media in Afghanistan, to announce that it is temporarily suspending its operations “in light of the political situation and unfavorable conditions” in the country. AFJC described the decision as a “significant loss for the media community” since Nai has been providing training and legal assistance since 2005.

Artists and writers under attack

Myanmar documentary filmmaker Shin Daewe was sentenced to life in prison on trumped-up terrorism charges. This was the harshest sentence given to a journalist since the military seized power in February 2021. Shin Daewe was arrested in October 2023 after picking up a drone she ordered online. Reporters Without Borders said that the sentence showed the extent of the junta’s “arbitrariness and ruthlessness.”

Human rights groups are citing the blasphemy case of Malaysian creators of the film “Mentega Terbang” as an example of the “criminalisation of religious offence” to curtail freedom of expression and artistic freedom in the country. The film was released in 2021, but banned in September 2023 for allegedly insulting Islamic beliefs. IFEX member the Centre for Independent Journalism warned that “silencing or cancelling artistic freedom will only continue to breed a culture of fear.”

Uyghur writer and scholar Ilham Tohti marked his 10th year of detention in China. PEN International noted that his detention “is emblematic of the PRC government’s repression of the Uyghur and other ethnic groups in Xinjiang, which includes systematic efforts to dislocate the Uyghur population from their cultural identity.”

“Incredibly disturbing”: Actions taken against journalist  spark outrage

In Australia, Lebanese Australian journalist Antoinette Lattouf was fired from her work at the Australian Broadcasting Corporation after she reposted on social media a Human Rights Watch video on the humanitarian situation in Gaza. IFEX member Media, Entertainment and Arts Alliance described the action of the broadcaster as “incredibly disturbing.”

Pakistan elections and free speech

In IFEX’s recent special New Year brief, which took a deep dive into the challenges, trends, and prospects related to freedom of expression and democracy the region is facing, we highlighted the efforts of Pakistan-based IFEX members to promote the people’s right to information during the election period.

As tensions intensify ahead of the elections slated for 8 February, Bytes for All and Pakistan Press Foundation expressed their concerns about recurring social media blocking, which often coincides with activities organized by the opposition.

Incidents related to internet shutdowns are among the data compiled in the Election Desk of the Digital Rights Foundation. The portal also documents harmful content pertaining to “hate speech, disinformation, gendered disinformation and technology facilitated gender-based violence.”

Aside from its training sessions and “Scrapathon” workshops, Media Matters for Democracy unveiled Facter, a tech-based investigation tool designed to be used by newsrooms. MMFD said it “streamlines the monitoring and fact-checking process for newsrooms by delivering a neatly organised, searchable database of suspect information, verified/published information, misinformation, and misleading information.”

The post What’s new and old in 2024: Repressive laws, attacks, and election disinformation in Asia appeared first on IFEX.

• Migrant worker documentary censored: In January, the video sharing platform BiliBili removed a documentary spotlighting the lives of migrant workers. The documentary, “Laboring Like This for 30 Years,” featured workers gathering at an intersection as early as 4am, hoping in vain to secure work for the day. Cameras caught them vying for the opportunity to earn a small paycheck as work opportunities dwindle due to the rising number of stalled construction projects. Hashtags referencing the video yield no results on Weibo; censors also removed online reports by the Shanghai-based news outlet Yicai on the same subject.
• Police brutality report removed: Eight police officers in Xinjiang were found guilty of extracting confessions with torture resulting in a suspect’s death in custody, according to a report by the news cite Caixin. The report, with an in-depth account of the brutality afflicted on the deceased suspect, was briefly accessible before being scrubbed from the Chinese internet.
• Censorship expected to intensify in 2024: Censorship may intensify further in the coming year, as the Ministry of Public Security has declared 2024 a year of “special operations” against online rumors. Additionally, the newly enacted Patriotic Education Law mandates that internet service providers escalate the production and circulation of patriotic content.
• Government-linked institution claims it can decipher Apple’s encrypted Airdrop service: The Beijing Municipal Bureau of Justice published an article on January 8 detailing a technological advancement for decoding the transmission of data through Apple’s encrypted Airdrop service, which allows wireless sharing between devices. The development allows the government to trace items deemed “malicious content” back to the original sender, and has been used to successfully identify multiple such suspects. In November 2022, Apple restricted the Airdrop function in China amid rising protests against the zero-covid policy; some users speculated that the move was meant to curb the spread of antigovernment memes that were being shared through the service.
• Authors excluded from literary awards, triggering censorship concerns: After the Hugo Awards for science fiction and fantasy writing published its full nomination statistics for the 2023 prize, it emerged that certain authors had been marked as “not eligible” for nomination despite receiving enough nominations to be on the final ballot. Excluded authors never received an explanation. Some suspected it was due to their past critical comments of the Chinese government, and connected the exclusion to the fact that voting was held this year at the World Science Fiction Convention in Chengdu, China.

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Pakistan Press Foundation (PPF) is alarmed by the issuance of notices by the Federal Investigation Agency (FIA) to several dozen journalists and media professionals for being part of an “explicit and malicious campaign against Honorable Judges of [the] Supreme Court of Pakistan.” PPF urges the government to direct the relevant state bodies, including the FIA, to work toward ensuring free expression rather than clamping down on it, as these work as tools to harass and intimidate the media into silence.

Freedom of speech and expression is a fundamental right guaranteed by Article 19 of the Constitution. Journalists must be free to report on and analyze key developments in the country, including court proceedings, without being accused of partaking in “malicious campaigns.”

As the Chief Justice of Pakistan, Qazi Faez Isa has taken suo-motu notice of the incident and is hearing the case, PPF is hopeful that the court will direct the relevant authorities to ensure that the media is not subject to such punitive measures and can work without the fear of repercussions.

On January 17, a joint investigation team was formed to investigate a smear campaign against judges. According to Dawn, reports were shared on social media that the FIA Cybercrime Wing issued notices to approximately 47 journalists after noticing a “smear campaign against judges.”

One of the recipients of the notices, journalist Asad Ali Toor, uploaded a copy on X, formerly Twitter, which included details such as the inquiry number, name of the complainant (Anees Ur Rehman), and the gist of the allegations. The notice directed Toor to appear before and record his version at the FIA Cybercrime Reporting Centre.

Meanwhile, Caretaker Information Minister Murtaza Solangi on January 28 said that 110 notices had been sent of which the suspects included 32 journalists, Geo reported.

The minister was quoted saying: “Issuing notices to someone does not mean to harass someone or declare someone a criminal. If there is an arrest, FIR, house raid, abduction, or chase, then it can be called harassment.”

It is worthwhile to remind the information minister that notices are a measure that have a similar effect as that of case registrations and proceedings against media professionals by intimidating them with the fear of legal proceedings and also sending a message to other journalists of the repercussions of certain coverage, reporting or analysis.

Additionally, Solangi added that it was important to state that freedom of expression was not unlimited and had “reasonable restrictions” including that you can’t run a campaign against the armed forces or judiciary that goes beyond the parameters of the Constitution and the law.

“Criticism is protected in the Constitution. We are not talking about criticism here; we are talking about humiliation and character assassination. Whatever has been done against the Supreme Court judges is in no way criticism […],” he said.

Article 19 of the Constitution states: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.”

PPF urges the government to ensure that the media’s rights to report on developments and provide analysis are not restricted through notices by government bodies such as  FIA. Instead, they can continue their work without intimidation.

On January 27, the Press Association of the Supreme Court President Aqeel Afzal and Islamabad High Court Journalists Association President Fayaz Mahmood issued a joint statement condemning the notices to working journalists associated with media organizations.

As per the statement, the two associations held a joint meeting with a one-point agenda to review the notices issued by the FIA to journalists. Both agreed that the FIA notices were a source of concern for the journalists’ community even though the Constitution safeguards a right to free expression, and the court has always encouraged productive criticism. The statement added that an independent media was necessary for democracy just as an independent court was.

Condemning the notices, the associations demanded that working journalists not be harassed by such steps and that the notices be taken back. They added that if the harassment by FIA did not stop, their next steps would be decided in consultation with other journalists’ organizations.

According to Dawn, after meeting with representatives of the two associations, CJP Isa, on January 27, took suo-motu notice of the “alleged harassment” of journalists and made a three-member bench to take up the case along with another case from 2021 at the request of the Press Association of the Supreme Court regarding harassment of journalists, Dawn reported.

During the case proceedings on January 29, the three-member bench “emphasized” that journalists should not be booked; however, they did not suspend the proceedings by the FIA, Dawn reported.

As the case resumed on Tuesday (January 30), the apex court gave media professionals time till the general elections to appear before the FIA. The Attorney General of Pakistan, Mansoor Usman Awan, added that the notices against the journalists will be taken up after the elections, Geo reported.

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As Pakistan gears up for the much-anticipated General Elections in 2024, the country has been plunged into a state of internet disruption, leaving netizens in a state of frustration and suspicion. The Pakistan Telecommunication Authority (PTA) attributes the blackout to ongoing system upgrades, but the timing and the extended resolution timeline have raised eyebrows and fuelled speculation about intentional interference.

Official Explanation and Public Skepticism:

The Director General of the PTA, Ahmed Shamim Pirzada, accompanied by Caretaker Information Minister Murtaza Solangi and FIA Cybercrime Director of Operations Waqaruddin Syed, addressed the media in an attempt to provide a technical explanation for the internet blackout. However, the skepticism among the public remained high, especially given the timing of the disruption coinciding with a pre-announced online event by a specific political party.

Timing and Political Implications:

The suspicious timing of the internet outage, aligning with a planned online event by a political party, has led to speculation about deliberate throttling for political reasons. This suspicion is not unfounded, as similar disruptions occurred on December 17 and January 7, creating a pattern that raises questions about the motivations behind the internet blackouts.

Minister’s Reassurance and Public Outrage:

Caretaker Information Minister Murtaza Solangi, while acknowledging the possibility of technical glitches, attempted to reassure the public. However, the tepid reassurance did little to assuage public concerns, especially in the absence of transparent communication about the nature of the disruptions. The extended timeline of “2 to 3 months” for resolution further intensified public outrage.

Public Reaction and Tech-Savvy Outcry:

Pakistan’s tech-savvy population, already accustomed to relying on the internet for information and communication, expressed palpable outrage at the lack of transparency surrounding the internet disruptions. The hashtag #PTA became a trending topic on social media platforms, with users demanding clearer explanations and expressing their frustration at the prolonged outage.

Conclusion:

As Pakistan stands at the threshold of significant political events with the upcoming elections, the internet disruptions have added an unexpected layer of tension and suspicion. The PTA’s technical explanations have not managed to quell public scepticism, and the extended resolution timeline only deepens concerns. In a digital age where connectivity is crucial, the internet blackout has become a focal point of discontent, prompting calls for greater transparency and accountability in the management of the country’s telecommunications infrastructure.

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“Toxic control” over information

In 2023, several laws and regulations were updated in the region, eventually used as tools of censorship during election periods.

Bangladesh passed the Cyber Security Act in September, which critics dismissed as a mere renaming of the Digital Security Act, a draconian law used to detain critics, journalists, and members of the opposition.

Pakistan’s parliament was dissolved in August but not before it approved amendments to existing laws on blasphemy, national security, and data protection, which gave authorities broad censorship powers.

In December, Indonesia amended the Electronic Information and Transactions Law, which retained provisions on criminal defamation. The amended measure now criminalises the dissemination of “false statements” that cause “public unrest”, which the International Commission of Jurists criticised as “vague, overbroad and imprecise.”

These laws enabled ruling parties to expand their “toxic control over news and information”. In Pakistan, social media platforms became inaccessible when the main opposition party held a virtual rally in December and a fundraising event in January. The Pakistan Press Foundation (PPF) is worried that the recurring shutdown could set a dangerous precedent a month before the country’s general election.

In Bangladesh, a critical news website was blocked a day before the 7 January election. The government has been consistently suppressing online and offline voices. State forces and members of the ruling party violently clashed with those who joined the opposition-led protest on 28 October. A general strike was called to condemn the violent dispersal but the government responded by ordering a mass crackdown of opposition leaders and members. At least 20,000 have been arrested and 88,000 face threats of legal prosecution.

Muzzling the media

Even journalists who covered the rallies in Bangladesh were assaulted by the police. The violence directed against the media continued during the campaign period and on election day as some members of the ruling party were accused of harassing those who were documenting and reporting instances of fraud and poll irregularities.

Muzzling the press and blocking online platforms taints the credibility of the electoral process. In the case of Bangladesh, the opposition boycott and the silencing of dissent contributed to the record low election turnout. Hong Kong’s district election also yielded a low turnout because of the policy to limit candidates to so-called “patriots”. It is linked to the enforcement of the National Security Legislation, which criminalised the work of pro-democracy groups and independent media.

The harmful impact of restricting social media in Pakistan was not only limited to the opposition; it also prevented the public from accessing verified and reliable information. If the trend continues, this could also deprive voters of learning more about election-related concerns. If Pakistani media face state reprisals for reporting about issues that allegedly threaten national security and social harmony, it could lead to the censoring of politically-sensitive topics, such as religious discrimination, gender gap, disenfranchisement of transgender voters, corruption, and military meddling in politics.

AI, disinformation and trolls

The recent and coming elections in the region also put into spotlight the alarming use of disinformation and troll operations by various political forces. In Indonesia, whose election is scheduled to take place next month, some “cyber-troops” deployed by candidates spread hate and misogyny, which hinders women’s participation in the election.

In Bangladesh, political parties have been posting online content promoting disinformation, but groups linked to the ruling party and the government clearly got more resources in bombarding the public with deep fake videos attacking the opposition.

Election campaigning in Taiwan was marred by the “multi-pronged cognitive warfare” attributed to China-backed groups accused of endorsing an election outcome in favor of Beijing.

The use of AI by political parties in Pakistan, especially after a detained former prime minister used a clone video to address supporters and voters, ignited debates on consent, reality, and manipulation. AI-generated disinformation could potentially pose a greater danger to vulnerable segments of the population like the LGBTQI+ community and religious minorities.

A key takeaway from Asia’s election experience is the need to revisit existing media laws being weaponised to justify censorship and judicial tyranny. These were clearly designed not to boost democracy and empower citizens, but to deter dissent and punish free speech. Furthermore, measures aimed at ensuring the safety of journalists, especially during heightened moments of election-related uncertainty, must be adopted. Access to online information and services is essential to help voters make informed decisions and facilitate robust conversations between the electorate and public officials. New challenges have emerged, such as election interference and the aggressive use of AI by candidates, which has led to proposals for stricter regulations. Regulations require sustained and genuine public consultations; we have learned this from how previous disruptions were addressed. Our solutions need to enhance the independence of media, expand civic space, and inspire greater public vigilance to defend democracy.

In depth: The way forward for Pakistan

After years of vicious political infighting, can the general elections in Pakistan propel the nation to a peaceful transition? There are difficult hurdles to overcome but an urgent task is to make sure that media personnel can cover the elections without being attacked. This could be a difficult goal to achieve considering that in 2023 alone, media groups have documented 157 press freedom violations, which included 16 instances of arrests, five instances of detention, and 44 cases of assault.

In the run up to the elections, Pakistan-based IFEX members have identified reforms and specific actions that authorities and various institutions can implement to uphold the people’s right to information and freedom of expression.

One of the recommendations of PPF is the establishment of a federal-level Commission for the Protection of Journalists and Other Media Professionals. It also looked into the code of conduct drafted by the Election Commission and suggested some revisions to ensure that journalists are protected from cyber harassment and digital attacks. It urged authorities to refrain from misusing media laws.

“It is the state’s responsibility to ensure that critical news is not branded as disinformation or used to censor journalists producing critical reporting.”

Meanwhile, Digital Rights Foundation enjoined political parties to include digital rights concerns in their election agenda. It offered a guide that focuses on “conducting human rights impact assessments on tech tools and cyber policies, bridging digital divide, and revising existing tech policies that are detrimental to fundamental rights in the digital age.” DRF also published a special edition of its feminist magazine themed “Election Illusions: Deepfakes & Disinformation in Pakistan”, which explores the impact of AI and its ethical use ahead of the 2024 elections.

Recognizing the serious harm caused by election disinformation, groups like Media Matters for Democracy (MMFD) have stepped up efforts to initiate collaborative fact-checking training sessions and workshops with more than 100 journalists. In particular, MMFD organised several training programs in partnership with news outlets in Karachi, Lahore, Islamabad, and Peshawar. MMFD’s Trends Monitor toolkit has also been shared with journalists and serves as a course guide for the detection, investigation, and countering of disinformation.

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Today marks 10 years since Uyghur writer and academic Ilham Tohti was detained for his committed work promoting inter-ethnic dialogue and advocating for the rights of minorities in China. On the tenth anniversary of his wrongful detention, PEN International continues to call for his immediate and unconditional release, and for an immediate end to the repression of Uyghurs and other minorities by the government of the People’s Republic of China (PRC).

On 15 January 2014, Ilham Tohti was detained by the police following a raid on his home in Beijing. During his detention, he was repeatedly denied access to his family or legal representatives. Despite the UN Working Group on Arbitrary Detention finding his detention to be arbitrary in March 2014, Ilham Tohti was convicted of separatism and sentenced to life imprisonment following a two-day trial in September 2014.

‘Ilham Tohti is a selfless advocate for dialogue and the rights of Uyghurs and other minorities in China. The decision to sentence him to life in prison remains an ongoing tragedy. As we mark the 10-year anniversary of his unjust detention, we stand in solidarity with Ilham Tohti and continue to call for his immediate release’, said Ma Thida, Chair of PEN International’s Writers in Prison Committee.

According to media reporting, materials were shown during the trial representing Ilham Tohti’s views on government policy in Xinjiang. The prosecutor also reportedly added that Ilham Tohti had ‘internationalised’ issues in Xinjiang by translating articles and essays about the Xinjiang region for his website, and by providing interviews to international media. On 21 November 2014, the Xinjiang High Court rejected Ilham Tohti’s appeal against the conviction and upheld his life sentence.

Ilham Tohti’s unjust imprisonment is emblematic of the PRC government’s repression of the Uyghur and other ethnic groups in Xinjiang, which includes systematic efforts to dislocate the Uyghur population from their cultural identity and heritage through overwhelming levels of censorship and repression.

Since the establishment of Xinjiang’s expansive network of re-education camps in 2017, over a million Uyghurs and other minorities have been incarcerated in various forms of detention across the region. Detainees include hundreds of writers, poets, translators, scholars and public intellectuals, who together represent the living embodiment of Uyghur culture.

Background:

Ilham Tohti is a renowned Uyghur public intellectual who used his writings to analyse the causes of the systematic discrimination experienced by ethnic minorities in China. An economics professor at Beijing’s Minzu University, Ilham Tohti dedicated much of his academic work to the study of the role that state policy played in the systematic persecution of the Uyghur and other minority groups in China. Included in his writings are nuanced discussions of the state of relations between ethnic groups in Xinjiang and the role that ethnic policy played in exacerbating long-standing social and economic issues experienced by Uyghurs.

In 2006, he founded Uyghur Online, a bilingual website designed to foster mutual understanding by reporting on human rights issues and calling for fair treatment of China’s minority populations. Despite repeated attempts by authorities to close down the website, it emerged as an important platform for inter-ethnic dialogue through its discussion forums.

Over the following years, Ilham Tohti was frequently targeted by the authorities for his writing and advocacy. In 2009, Ilham Tohti was detained for several weeks in connection to his writing on the July 2009 Ürümqi riots. In August 2012, he was subjected to a 10-hour interrogation in connection to an article published on Uyghur Online regarding the government’s monitoring of Uyghurs during Ramadan. On 2 February 2013, Ilham Tohti and his daughter Jewher Ilham were detained at Beijing Capital International Airport. After he was questioned, his daughter was permitted to board their planned flight to the US, while Ilham Tohti was forced to remain in Beijing.

Following Ilham Tohti’s sentencing in 2014, his daughter has led a global campaign calling for his release. In 2014, Ilham Tohti received PEN America’s PEN/Barbara Goldsmith Freedom to Write Award. In 2016, four hundred academics signed a letter calling for his release. In 2019, Ilham Tohti was awarded the Václav Havel Human Rights Prize and the European Parliament’s Sakharov Prize for Freedom of Thought.

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We, the undersigned nine human rights organisations working to defend freedom of opinion and expression, condemn the criminal charges against the creators of the film Mentega Terbang¹. On 17 January, the film’s producer, Tan Meng Kheng, and director, Khairi Anwar Jailani, were charged under Section 298 of the Penal Code for ‘hurting religious feelings’, a blasphemy provision. Khairi Anwar was given a bail order of RM 6,000 (approximately USD 1,270), and the court ordered him to report to the police station on a monthly basis. Meanwhile, Tan Meng was ordered to pay RM 6,500 (approximately USD 1,380) as bail. They both were ordered not to comment publicly about the charges pending disposal of their cases. They were released under bail, and the next hearing is fixed for 14 March 2024.

The film was banned in September 2023 under Section 26 of the Film Censorship Act (2002) on the grounds that it is ‘contrary to the public interest,’ two years after its release in 2021. From early 2023, the filmmakers suffered a distressing witch hunt and faced threats from the State, as well as from non-state actors, and people on social media. Instead of the safety and rights of the filmmakers being protected, authorities have used the law punish them. The producer and director filed a legal challenge against the ban in December 2023. 

Section 298 of the Penal Code makes the insult of any religion a criminal offence. Human rights violations monitoring reveals that these provisions are largely used against those deemed to have allegedly insulted Islam. The enforcement of these provisions has had a disproportionate and negative impact on minority communities, political dissidents, atheists, comedians, artists, religious scholars, and others who express opinions and, often, merely reflect lived realities on the ground, and especially as a response to questionable actions by those who wield power. 

While Malaysia is not a party to the International Covenant on Civil and Political Rights (ICCPR), Article 19(2) of the ICCPR is considered part of customary international law and therefore binding upon Malaysia.

In General Comment 34 on Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee stated clearly that blasphemy laws are incompatible with the right to freedom of expression except in specific circumstances laid out under Article 20(2) of the ICCPR, such as when the speech or expression in question constitutes incitement to discrimination, hostility or violence. International human rights bodies and experts have repeatedly warned that blasphemy provisions are inconsistent with international human rights law, including the right to freedom of expression and the right to freedom of religion or belief.

Blasphemy provisions are arbitrary and open to abuse. They inappropriately empower government authorities to decide the parameters of religious discourse. Minority groups and individuals holding unpopular opinions are often disproportionately targeted. The enforcement of blasphemy provisions is highly problematic, especially when criminal sanctions are applied. As a result, blasphemy provisions promote intolerance by restricting the rights to freedom of expression, thought, and religion. Such prejudice can result in devastating consequences for society. 

Human rights law holds that a State’s restrictions on the right to freedom of expression are permitted only if they are provided by law and in pursuit of a legitimate aim. Measures taken by the State must be necessary and proportionate to that aim.

In her report to the Human Rights Council after her visit to Malaysia in 2017, the Special Rapporteur in the field of cultural rights found that ‘there is an urgent need to review and clarify the criteria for censorship of books and films and to make the decision-making process more transparent so as to guarantee freedom of artistic expression’. She also stressed that ‘the government of Malaysia needs to develop concrete plans to guarantee freedom of artistic expression’ and encouraged the government to ‘support a diversity of spaces and platforms for people to engage meaningfully with one another about culture, including in relation to issues upon which they do not agree’.

Freedom of artistic expression is an essential component of nation-building and in fostering a culture that celebrates creativity. We call upon the government to: 

1. Immediately and unconditionally drop the charges against Tan and Khairy. We also urge the Madani government to end the criminalisation of religious offence and the use of other vague provisions in the law to curtail freedom of expression and artistic freedom in Malaysia.

2. It is time for the government to adopt a comprehensive and evidence-based national implementation plan on Human Rights Council Resolution 16/18 and the Rabat Plan of Action to promote inclusion and implement measures to guarantee equal and effective protection of the law while respecting the right to freedom of expression. 

3. In addition, we urge the Malaysian government to repeal or amend all laws restricting freedom of expression in Malaysia, including the Sedition Act, Film Censorship Act, Communication and Multimedia Act (CMA), Printing Presses and Publications Act (PPPA), Sections 504 and 505(b), and Sections 298 and 298A (1) of the Penal Code, and to ensure that they comply with international human rights laws and standards.

4. During the upcoming 4th Universal Periodic Review (UPR) session at the Human Rights Council in Geneva in January 2024, the government has another opportunity to renew its commitments to human rights protection by signing and ratifying the International Covenant on Civil and Political Rights (ICCPR), and all other major international human rights treaties.

Download the statement as a PDF 

1. Mentega Terbang, which was released on a streaming site in 2021, tells the story of 15-year-old Aishah as she struggles with questions about life after death according to various religions when faced with her mother’s terminal illness. Conservative groups complained that the film went against Islamic religious doctrine.

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The Myanmar junta is fighting with bombs and bullets. But it is also fighting with words.

The Myanmar media and social media landscape can be challenging to navigate.

Last week, the junta’s Information Minister Maung Maung Ohn accused independent media agencies of spreading fake news and misinformation about Myanmar’s ongoing political and economic situation, according to a report by Development Media Group (DMG).

At a forum on “State Building and the Role of Media,” Maung Maung Ohn said “destructive elements use media outlets to spread fake news and misinformation,” and that they are “poisoning the minds of people with fake news and misinformation.” The majority of news reports published on Facebook are lop-sided, and the Information Ministry is thus taking various measures to ensure the flow of correct information, and fight fake news and misinformation, he said.

Quick to rap Maung Maung Ohn’s remarks were journalists in Myanmar, who say the regime is just trying to conceal its human rights violations and war crimes, and control people’s right to information.

“Media always monitors and reports the human rights violations of the military council. And the regime has used media outlets and social media accounts it controls to spread propaganda that those reports are fake news,” a local female journalist from Rakhine State told the local media outlet.

Hundreds of journalists have been arrested since the February 2021 coup and around 50 journalists are still behind bars in prisons across Myanmar. The regime has also issued warrants for arrests of dozens of journalists as it continues to crack down on independent media in Myanmar.

The junta is hitting out using words through junta media and social media, particularly Telegram channels. For example, the junta-controlled Kyemon and Myanma Alin newspapers have devoted many column inches to responding to news reports published by internationally recognised news agencies such as RFA, VOA and Myanmar Now, claiming those reports are fake news, DMG reports.

By and large, Myanmar’s independent media attempts to maintain reporting standards and, at the same time, debunk junta misinformation when necessary. The junta minister’s recent comments are a reminder that the pen remains as mighty as the sword.

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