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27th September   Playing Games in Japan

From The Guardian

Despite effectively being a home-from-home for violent videogames and adult entertainment, it appears Japan isn't immune from the anti-publicity surrounding Rockstar's Grand Theft Auto series. Kanagawa prefecture has already enforced a mandatory 18-rating on the original GTA3 for the PS2, and now Saitama prefecture has followed suit. The game is published by Capcom in Japan, and the publisher challenged Kanagawa's crack-down citing freedom of speech fears and suggesting that the legal restriction undermines existing voluntary ratings. Whether Capcom will now challenge Saitama's decision is unknown, but Capcom will be concerned that action at a national level is looming.

Unlike Europe, Japan - like North America - currently has no national framework for limiting the sale of adult games to minors, though trade body CESA is currently trying to introduce voluntary censorship in order to halt any wider concern which could spark government attention.

I've seen the game myself and it's far too violent and obviously harmful, Saitama governor Kiyoshi Ueda told the Mainichi Daily News. Freedom of expression is one thing, but the wholesome upbringing of youths is also important and this was the only option.

Retailers in Saitama (which borders Tokyo) will be fined 300,000 Yen (about 2,800 USD) if caught selling GTA3 to those under 18 years of age. GTA: San Andreas is currently awaiting a release in Japan, more soon.

 

26th September   Freedom of Repression

From The Guardian

China announced a fresh crackdown yesterday on the internet amid further revelations of a plan by Hu Jintao, the president, to suppress dissent.

The state bans the spreading of any news with content that is against national security and public interest, said a statement from Xinhua, the official news agency. The announcement called for blogs and personal web pages to be directed towards serving the people and socialism and insist on correct guidance of public opinion for maintaining national and public interests.

The statement was just one of a series of initiatives by the government to root out politically sensitive news from domestic and foreign media. On Thursday a Chinese journalist and former professor was given a seven-year sentence for "inciting subversion" by writing hundreds of articles for banned overseas news websites.

Last month the government tried to implement a scheme to pay journalists according to how much Communist party officials liked, or disliked, their articles. In July a political activist was given five years for posting a punk song on the internet deemed to be subversive, and in April a journalist was sentenced to 10 years for sending an email overseas about restrictions on freedom of speech.

Providing further evidence of an organised national crackdown, the New York Times reported yesterday that Hu called for a "smokeless war" against "liberal elements" in China during a secret leadership meeting in May.

The government employs a cyberspace police rumoured to number 30,000 and has spent lavishly on internet filters. Journalists and human rights organisations say the "smokeless war" amounts to a transformation of the government's tactics from violence, open harassment and the closing of newspapers to more covert methods of maintaining control. Journalists who try write on forbidden topics are rarely attacked directly, but are discredited by charges such as corruption, sexual harassment and extramarital affairs.

They claim confiscation of notes, address books and mobile phones happen secretly beneath a facade that nothing is wrong, so as to defend the image of the party and its leaders. They are trying to safeguard the welfare of the regime, while simultaneously providing for the illusion of a free liberal press, said Law Yuk-kai of the Hong Kong-based Human Rights Monitor.
But the internet provides a new way to organise people and is therefore a mounting threat to the government.

 

25th September   Royal Repression

From NewIndPress

An eight-year-old film by an Indian director is among several Nepali movies that are bearing the brunt of a new censorial attitude for their political overtones.

The new government has apparently banned Tulsi Ghimire's film Balidaan - meaning "sacrifice" in Nepali. Cinemas in Nepal have been asked not to show it, the film's producer Shyam Sapkota said. It has fallen out of favour with the current government for its depiction of a mass movement for democracy 16 years ago.

The plot revolves around a young student who after completing his studies goes to the villages to start a mass movement against the repressive administrative system. Though the film does not spell out the political affiliation of the martyr hero, he is generally regarded as a communist reformer.

One of the songs in the film - "Gaon gaon bato utho, basti basti bato utho" (Arise from the villages, arise from the slums) - has been adopted by the largest communist party in the kingdom, the Communist Party of Nepal-Unified Marxist Leninist with its mass meetings often ending with the rendition of the popular song.

After King Gyanendra sacked prime minister Sher Bahadur Deuba and seized power by force in February, Nepal's opposition parties say the king is trying to re-introduce the autocratic system of government practised by his father, the late King Mahendra. Besides banning criticism of the palace and the army, the king-headed government has also cracked down on the media.

Now the Nepalese film industry too has been subjected to censorship, film directors say. The government has also banned Aago, a film by director Narayan Puri. Though Aago doesn't name any party by name, it is thought to be influenced by the Maoist insurgency. Aago ran into trouble with the censors even before the royal takeover and was released only after the director agreed to cut out several scenes. Now, despite the cuts, theatres have been asked not to screen the film.

A third film based on the mass movement of 1990 that finally clipped the powers of the palace and ushered in multi-party democracy has also been virtually banned. Bir Ganesh Man Singh, based on the role played by one of the leaders of the movement, Nepali Congress leader Ganesh Man Singh, was screened twice during the National Film Festival organised by the government last month but has run into problems after that. We wanted to screen it in Pokhara city as a charity show, said Bijay Ratna Tuladhar, co-director of the film. However, the authorities 'requested' us not to show it now.

Also banned is director Prakash Sayami's Hatiyar, another film that shows people revolting against an oppressive regime and being forced to take to arms.

 

25th September   Filipino Censor in Need of Parental Guidance

From The Sun

The Filipino version of Big Brother has been taken off air for a week - because there is too much sex and nudity.

Head of censorship, Maria Consoliza Laguardia, pulled the plug on the show and wrote to its producers to complain. She said she considered the kissing scene between housemates Chx and Sam, gyrating dances in skimpy bikini, double entendre dialogue and use of skimpy bikini, to be beyond the parental guidance classification and not suitable for television viewing.

The show's producers complied with the suspension but insisted they had stuck to guidelines. They said in an statement:
We understand that ‘Pinoy [Filipino] Big Brother’ represents a new, unprecedented expression of Filipino reality, a microcosm of human behaviour that opens valuable studies and insights into social interaction, relationships and discipline.

 

25th September   Critic of Print Censorship

From Stuff

New Zealand student magazine, Critic, could face legal action following its latest controversial issue.

The Office of Film and Literature Classification (OFLC) has been asked by police, members of the public and the Society for the Promotion of Community Standards to rule on whether the University of Otago magazine's "Offensive Issue" was objectionable.

The issue has attracted an outcry from police and Rape Crisis, who said one article was a "how-to guide" for rapists. The police request is the first step in a possible prosecution.

The company responsible for Critic could be liable for fines of up to $30,000 if prosecution goes ahead, but its chairman of directors is backing editor Holly Walker.

OFLC information unit adviser Deborah Gordon said police could submit an article for classification, and depending on how it was classified, could prosecute under the Films, Videos and Publications Classification Act.

Penalties could be "quite severe". However, because Critic published before its publishers were aware it could be objectionable, they are likely to be less so.

Otago University campus Constable Andy Ferguson said he had sent a copy of the magazine to the OFLC to be classified. When I get a response from them I will seek advice from my superiors whether charges will proceed.

The university's deputy vice-chancellor, Professor Gareth Jones, said through his secretary the matter would be discussed at a vice-chancellor's advisory group meeting on Monday.

 

24th September   Customarily Bizarre

From Reuters

Inspectors for U.S. Customs and Border Protection at Logan International Airport say they are trying to keep bizarre pornography out of the state.

Our main focus is on terrorism, Ted Woo, spokesman for the CBP's Boston office, told the Boston Herald, but this is something our agents are definitely on the lookout for. If it's so-called normal pornography, it's not going to be an issue, especially if it's for personal use.

The confiscated material is sent to U.S. Attorney Michael Sullivan's office, where it is ultimately destroyed unless someone is willing to fight for the sordid contraband in court.

Sullivan's spokeswoman Samantha Martin said no one caught with porn involving consenting adults has been prosecuted in recent memory. Virtually any material exploiting children, however, is expressly illegal.

The Washington Post reported this week FBI headquarters has put out a call to agents to join a new national anti-obscenity squad targeting the manufacturers and purveyors of porn.

 

23rd September   Blog Aid

From Reuters

A Paris-based media watchdog released a handbook on Thursday to help cyber-dissidents and bloggers avoid political censorship in countries as far apart as China, Iran, Vietnam and Cuba.

The guide, published by Reporters Without Borders (RSF) with the backing of the French government, identifies bloggers as the "new heralds of free expression" and offers advice on how to set up a blog and run it anonymously.

Bloggers are often the only real journalists in countries where the mainstream media is censored or under pressure, wrote Julien Pain, head of RSF's Internet Freedom Desk. Only they provide independent news, at the risk of displeasing the government and sometimes courting arrest.

The "Handbook for Bloggers and Cyber-Dissidents" can be downloaded from the RSF website, www.rsf.org,  and the media organization says it is available in English, French, Chinese, Arabic and Farsi.

The guide is based on technical advice from experienced bloggers and experts, and provides personal accounts by bloggers such as Arash Sigarchi, who received a 14-year-jail sentence in Iran last February but is free pending an appeal.

Blogs get people excited. Or else they disturb and worry them. Some people distrust them. Others see them as the vanguard of a new information revolution, RSF said on its Web site. Because they allow and encourage ordinary people to speak up, they're tremendous tools of freedom of expression.

The handbook offers advice on how to establish credibility by observing basic ethical and journalistic principles.

One chapter offers advice on technical ways to get around censorship. Others feature bloggers' experiences from such countries as Nepal, Iran, Bahrain and Hong Kong.

Publication of the handbook follows moves in some countries to crack down on Internet use.

RSF said countries which were trying to control what their citizens read and do online included China, Vietnam, Iran, Iran, Cuba, Saudi Arabia and Uzbekistan.

 

21st September   The War On Obscenity

Perhaps the will destroy their own country as effectively as they have destroyed Iraq

From Monsters & Critics

The Bush administration reportedly is getting help from the FBI in its war on porn, a campaign that has also become the subject of mischievous humor.

Early last month, the FBI`s Washington Field Office began recruiting for a new anti-obscenity squad, reports The Washington Post. The initiative has been designated as one of the top priorities of Attorney General Alberto R. Gonzales, says the Post.

I guess this means we`ve won the war on terror, one exasperated FBI agent told the newspaper. We must not need any more resources for espionage.

The squad will divert eight agents, a supervisor and assorted support staff to gather evidence against 'manufacturers and purveyors' of pornography directed at consenting adults.

The effort comes at a time when popular acceptance of hard-core pornography has come a long way, says the report.

The Department of Justice and the Federal Bureau of Investigation`s top priority remains fighting the war on terrorism, said Justice Department`s Brian Roehrkasse.
However, it is not our sole priority. In fact, Congress has directed the department to focus on other priorities, such as obscenity.

 

20th Sept   Blogged Off in Iran

From The Guardian

The week the new president of Iran was sworn in, bloggers suddenly found themselves isolated: their blogrolls (a list of favorite blogs on the side of their own) had disappeared. Why? Because blogrolling.com, the popular website that provided the free service, was being filtered by all ISPs in Iran.

Internet censorship officially started almost a year ago when a three-member committee - later a five-member committee - was formed to watch Iranian websites and blogs and decide which ones the ISPs should filter. Ever since, aside from millions of pornographic websites, hundreds of Iranian blogs and websites have become inaccessible through their normal web addresses. (Proxies are hugely popular, before these are themselves filtered.) A scientific study partly sponsored by Harvard University suggested many of these websites and blogs were political.

However, in the past few months online services such as Orkut (Google's social networking service), the website statistics service Nedstats and Flickr (Yahoo's photography community website) have been filtered by major ISPs. Nobody knows whether it was the committee for internet filtering that banned them or the judiciary, which has recently - despite having a member on the committee - started to order ISPs directly to censor the sites.

Frustrated and hopeless, Iranian bloggers feel threatened more than ever now blogrolling.com's service has become inaccessible. As one blogger wrote, they see this a "deliberate assault" on the extremely large network of Iranian bloggers, which has effectively become the symbol of free speech in a country where the state has total control of the press, TV and radio.

With the ultra-conservative president now in power, everyone is waiting to see how the communications and information technology minister deals with Persian-language political content on the internet. Will the authorities embrace the internet as an influential source of news and information, as they did during the election campaigns with their numerous official and unofficial campaign websites? Or they will intensify filtering and, as conservative bloggers have suggested, start to go after those who write weblogs "insulting" the regime's officials and religious figures?

After all, one blogger, Mojtaba Samienejad, is still in jail serving a two-year sentence for "insulting the Supreme Leader of the Islamic Republic", and two other bloggers, Mojtaba Lotfi and Morteza Abdollahinasab, were recently released after spending months in jail for the same reason.

 

19th Sept   Violent Gameography

From Tom's Hardware Guide

California lawmakers approved Assembly Bill 1179, which prohibits 'extremely violent' video games from being sold to minors and requires large labels to be affixed to retail boxes. Violators can be hit with up to $1000 in fines, per infraction. The bill now heads to Governor Schwarzenegger's desk and he has 30 days to either sign or veto the bill.

AB1179, formerly known as AB450, was sponsored by Speaker pro Tem Dr. Leland Yee (Democrat) and passed by a 65 to 7 vote. The bill will hit retailers with up to a $1000 fine if they willingly sell violent games to minors. In addition, AB1179 requires a two inch by two inch label with a white 18 (outlined in black) to be affixed to the retail boxes of those games. Interestingly, only the retailer will be fined, and not the sales clerk. Also, if the manufacturer forgets to label the box, the store will not be fined.

In AB1179, violent games are games where the player has an option of killing, maiming,
dismembering, or sexually assaulting an image of a human being in a 'shockingly atrocious manner', but it is unclear who will determine what content will fit that definition. Yee, who is also a Child Psychologist, believes that violent games can have a dramatic and detrimental effect on children and his bill has the backing of child advocacy groups, like Common Sense Media.

Adam J. Keigwin, spokesperson for Leland Yee, also does not think the bill encourages censorship. We are not asking them to be less violent. They have a first amendment right to make or produce what they want, but we just want them to sell to adults, says Keigwin. Keigwin also thinks that the current ESRB rating system 'doesn't have any teeth' and that Mature-rated games are routinely sold to children.

 

18th Sept   Vague Obscenity Legislation Under Fire

From AVN

Every battle is won in stages, and in every stage are dates that stand out as seminal moments in the tide of victory or defeat.  Oct. 3, 2005, may become a date that will live in infamy in the obscenity wars, because on that date a Louisiana jurist is expected to render a decision about the constitutionality of the state’s obscenity statute.

Until recently, no one outside this small Louisiana community considered it a hotbed of political controversy. That changed when the local district attorney charged two video-store owners with promoting obscenity.

The case, in which defense attorneys are challenging the very core of Louisiana’s applicable law, could have profound effects on obscenity laws nationwide.

Because it specifically attempts to regulate electronic communication, the law is … written so broadly that anything on the Net would be subject to Louisiana law, and Louisiana is not allowed to regulate interstate commerce, says Chicago First Amendment attorney J.D. Obenberger, one of the representatives for the defense. That’s a constitutional responsibility of the federal government. I’m using the improper effects of the statute on the Internet to get the whole statute thrown out.”

Judge Charles Porter is expected to announce his decision about the constitutional challenge Oct. 3. Whether he sides with the defense or the prosecution on the matter, all parties in the case, including the judge, agreed in advance that the case will be certified as a constitutionally important question of first impression, Obenberger says, and the decision will be appealed to the state Supreme Court or directly to the U.S. Supreme Court. Until a higher court has ruled on the constitutional issues, the obscenity prosecution will not proceed.

If the higher court sides with the defense, obscenity statutes in 45 other states will be in jeopardy due to similar construction. If we win in Louisiana, I don’t think anyone else is going to try [pressing an obscenity case] anywhere again, Obenberger says. If the Louisiana law falls, then all the other state laws fall like a house of cards.

In addition to challenging the vagueness and reach of the statute, Obenberger associate Reed Lee, who is acting as co-counsel, is challenging the law on the basis that it infringes individual privacy rights.

People do have the right to receive these materials in their homes, and a law such as this one, when it extends to consenting adults, goes beyond what’s constitutionally permissible, Obenberger says.

That argument may prove to be extremely compelling in this case, Obenberger notes. Lee submitted the same position in an amicus curae brief to the appellate court in the Extreme Associates case, and has since received an inquiry from the court asking if he will be available to present oral arguments to support his point when the court considers the matter.

Louisiana can’t control what everyone in the country gets to see and exert a heckler’s veto because someone in a community in your state may get offended by this. Everyone will get scared, and that will affect what goes on in [Los Angeles] and New York, Obenberger says.
It’s going to chill free expression in Louisiana and that’s bad enough, but they’re going to chill free expression in areas of the country that maybe aren’t as conservative as this area of the country is.

 

17th Sept   Who Gives a XXXX about XXX?

From AVN

The high-stakes, dot-xxx sponsored Top-Level Domain (STLD) guessing game continues, as a conclusion regarding the contentious domain will not be reached until "a future date," a representative of the Internet Corporation for Assigned Names and Numbers, the nonprofit international body that oversees the domain name system, said Friday.

ICANN’S board considered approving the proposed dot-xxx sTLD during a Thursday meeting as planned, but members expressed concerns in relation to draft compliance and process terms and opted to forgo any immediate action on the matter, the ICANN representative said.

Although ICANN has set no date for its next vote on dot-xxx, ICM president Stuart Lawley said he expects the board to consider the matter at its next regular meeting, scheduled for Oct. 18, and he firmly believes the domain will be approved at that time.

We’re quite pleased with [ICANN’s] decision, Lawley said. It wasn’t unexpected, especially since this is such a politically sensitive matter. They don’t want there to be any causes for embarrassment.

Lawley explained that in two previous instances, ICANN was left with “egg on its face” when the dot-travel and dot-pro sTLD approvals were met almost immediately with unforeseen, controversial developments. Within a week of ICANN’s approval of a contract with the registry for dot-travel, the registry was sold to another entity, and dot-pro proved to be a hotbed of “illegitimate” registration activity, Lawley noted.

Criticism of dot-xxx includes that anointing a special sTLD for the adult industry is inappropriate and would lead to an explosion of pornographic websites and that approval of dot-xxx would legitimize the adult entertainment industry. Ironically, it also includes that dot-xxx represents an attempt to “ghetto-ize” the adult industry, and that it would pave the way for governments and anti-porn groups to censor or even completely obliterate adult content from at least parts of the Web.

Of course, it may simply be that ICANN has delayed the vote again while it figures out how to extricate itself from what it may consider a no-win situation. If it approves dot-xxx, ICANN could face disapproval from social conservatives and governmental bodies that oppose the domain. Worse, the U.S. Department of Commerce, which retains veto power over the board’s actions, could reverse the decision. If ICANN denies dot-xxx, some may see the action as capitulating to those same forces. ICANN and the U.S. administration have faced sharp criticism recently because of close historical ties that won’t seem to break, despite repeated assurances from the U.S. that ICANN is independent and not subject to undue governmental influence.

 

16th Sept   Unconstitutional Censorship Continues in Ontario

From Eye Weekly

Despite all the happy Liberal talk of liberalization, the Ontario government will continue to view and screen every film, video, cartoon and video game in the province before they can be legally sold or seen by the public.

The new "Film Classification Act of 2005" came into effect on Aug. 31, and not only does the act not abandon film censorship in Ontario, as politicians said it would, it effectively expands it.

George Orwell would be impressed, says Toshiya Kuwabara, the outgoing manager of the tiny gay and lesbian Glad Day Bookstore, which fought in court to rein in the powers of the Ontario Film Review Board (OFRB). The Liberals are doing the opposite of what they say they are doing and are delighting as the public eats it up, he says.

In fact, the practice of screening and censoring films by the provincially run OFRB was declared unconstitutional and illegal by an Ontario Superior Court of Justice ruling in early 2004. The court ordered the government to give up its authority to censor and ban films it didn't like within a year.

The McGuinty government did not appeal the decision and said they would comply. However, when the new legislation materialized late, it not only kept the powers of the province to screen and approve films, it expanded their authority further to include material previously not subject to prior approval by agents of the state.

The new act looks shockingly like the old act, says Noa Mendelsohn Aviv of the Canadian Civil Liberties Association's freedom of expression project. She says the constitution is supposed to be the supreme law of the land and the courts have said censorship is illegal under our constitution. If the government can simply ignore the courts and the constitution when they please, what does that say for their respect for the rule of law in this country?

OFRB spokesperson Jason Okamura sees it differently. When asked to respond to the concerns of critics, Okamura simply read the same prepared statement he read to this reporter in the spring when the legislation was introduced as a draft. The Act, he said, "responds" to the court ruling by "narrowing" the focus of censorship.

Alan Borovoy, lawyer for the Canadian Civil Liberties Association, has called this interpretation of the court's direction peculiar, saying: The court didn't say to narrow censorship, it said to abandon it.

Freedom of expression advocates say the fight isn't over yet. John Tatulis, the owner of VXI Multimedia and a member of the group Responsible Ontario Adult Retailers (ROAR) says his group will continue its fight to keep the province out of their stores. One of our members just won a court decision giving him the right to sue the government as well as specific government employees for the damages they have caused to his business in their attempts to shut him down through censorship and seizures.

He realizes they are fighting an uphill battle. But we're not giving up -- we will hold them accountable, he says.

 

16th Sept   Child Protection Exploited to Repress Adults

From AVN

In an attempt to exert control over the sexual practices of American citizens under the guise of protecting children, Rep. Mike Pence (R-Ind.) introduced bill H.R. 3726 this week, also called The Child Pornography Protection Act of 2005.

Among other provisions, the bill targets adult citizens who record visual images of consensual sexual activity in the privacy of their own homes, adds nudity and clothed images of pubic areas to the definition of “explicit sexual activity” as defined in U.S.C. 18 §2256, and criminalizes the production and distribution of R-rated mainstream motion pictures that fail to comply with the record creation and notice provisions of 2257, and possibly for violation of obscenity laws.

The stated intent of H.R. 3726 is to crack down on what Pence refers to as “home pornographers,” defined as people who create child pornography using their home computers. A close reading of the bill, however, reveals far more ambitious legislative objectives, including altering the federal labeling and record keeping law (U.S.C. 18 §2257) to include simulated, written and illustrated content, which directly implicates many if not most Hollywood films, expanding the reach of federal forfeiture laws to include 2257 violations and obscenity convictions, and enhancing administrative subpoena power to cover obscenity cases, making it easier for the government to compel a person to appearance or to obtain records in a legal proceeding without having to demonstrate probable cause before a judge.

 

15th Sept   Games Censors with Easter Egg on their Face

Surely games can be sold such that allow for unlimited modification via Internet download. There must surely be a recognition that when modified via the Internet the original rating may change. All it needs is a little advice on the download page.

From The Register

US games software watchdog the Entertainment Software Rating Board (ESRB) has told games publishers they must reveal any hidden content included in all the software they have released since 1 September 2004.

The order was sent by email, a copy of which was leaked to games-oriented website Gamasutra this week. In the email, the ESRB expressed its concern that hidden content subsequently exposed by games modifications could undermine the ratings system. Since the ESRB is run by the games industry itself, it undoubtedly fears that any loss of faith in its ratings could lead to a potentially harsher, government-mandated certification system.

To counter that threat, the ESRB told all publishers and developers they must formally detail any hidden material which the organisation has not already been notified about. If you fail to notify us of previously undisclosed, non-playable, pertinent content by 9 January 2006, and such content becomes playable through a subsequent authorised or unauthorised release of code to unlock it, rendering the original rating assignment inaccurate, punitive in addition to corrective actions may result, the watchdog warned, without going into details.

Any hidden material reported to the ESRB by that time will be used to consider whether a game should be re-rated. In future, the organisation said, if games companies don't want hidden content to be reflected in a game's rating, they shouldn't include it. The request follows the discovery of adult material in Grand Theft Auto: San Andreas earlier this year.

The ESRB's rules have always required games publishers to notify it of hidden content intended to be exposed by special codes or, say, by sending game characters to certain locations. These so-called Easter Eggs are commonplace, but since the adult content in GTA: San Andreas was not included as an Easter Egg, it was not revealed to the ESRB.

GTA: San Andreas is due to return to shops this week after its publisher, Take-Two Interactive, removed the so-called 'Hot Coffee' content in order to get the rating back down to Mature.

 

13th Sept   Judas@yahoo.com

From News.com.au

Yahoo Inc defended itself today against accusations that it supplied data to Chinese authorities which led to the imprisonment of a journalist, saying it had to abide by local laws.

Press watchdogs accused Yahoo Holdings (Hong Kong) Ltd of providing details about email communications that helped identify, and were used as evidence against, Shi Tao, who was sentenced in April to 10 years in prison for leaking state secrets abroad.

Just like any other global company, Yahoo! must ensure that its local country sites must operate within the laws, regulations and customs of the country in which they are based, Yahoo spokeswoman Mary Osako said in a statement emailed to Reuters by the company's Hong Kong arm. Yahoo would not confirm or deny that it furnished the Chinese Government with the information.

The French group Reporters Without Borders said Shi, a former news editor for the Contemporary Business News in Hunan province, was convicted for emailing foreign-based websites the text of an internal message to journalists about dangers around the 15th anniversary of the Tiananmen Square massacre in 2004.

China broadly defines as a state secret anything that affects the security and interests of the state, but the limits are vague and can include political news.

The New York-based Committee to Protect Journalists said in February that China had the most journalists in prison, 42, of any country for the sixth year in a row. Among those in detention are New York Times researcher Zhao Yan, arrested on charges of leaking state secrets to foreigners, and Hong Kong-based reporter Ching Cheong of the Singapore Straits Times, whom China suspects of spying for Taiwan.

Shi's conviction sent shockwaves through the Chinese journalist community because many felt his sentence was excessive and might have been heavy to serve as a warning.

The Committee to Protect Journalists decried what it called China's "chokehold" on the internet.
We categorically condemn the outrageous prosecution of Shi Tao," executive director Ann Cooper said. We call on the Chinese Government and Yahoo to provide a full explanation of the circumstances that led the company to provide account holder information.

 

12th Sept    Uncensored in Censorial New Zealand

From Scoop

Publisher Steve Crow (best known for his popular Erotica Adult Lifestyle Expos) and editor Jonathan Eisen  have teamed up to create New Zealand's newest magazine UNCENSORED.

I think New Zealanders are beginning to realise that much of the information that they get from the mainstream comes with an 'agenda' that involves staying away from or 'spinning' the big issues rather than risk rocking the boat. UNCENSORED is simply about presenting the facts exactly as they are, exposing the naked truth and 'outing' those who seek to corrupt or hide it from us for their own purposes."

Despite Steve Crow's reputation as the founder of Vixen (New Zealand's most successful importer, distributor and producer of adult entertainment products) UNCENSORED magazine will not be publishing porn. Rather, Crow promises readers just the facts, for a change free from contamination by advertising pressures, vested interests and industry or government-sponsored PR spin.

Crow, who will be writing a regular column in UNCENSORED, has had many run-ins with "Wellington bureaucrats" and politicians, and has often taken them to court over censorship issues, winning many of his cases. He points out what he calls the "absurdity" of NZ censorship laws in which he says there is too much subjectivity, Victorian attitudes and double standards.

As an example of the double standards, he cites the fact that hardcore homosexual porn is OK with our censors, while hardcore heterosexual porn apparently is not. He states that perhaps this is a direct reflection of the personal attitudes of the Chief and Deputy Chief Censors, both of whom are gay.

Another double standard, Crow says, is that the Censors are far more tolerant of violence, rape and murder, often with a little bit of (non-explicit) sex thrown in for good measure, than they are of explicit sex, especially if there is even the slightest hint of coercion or violence. It seems to be acceptable to our Censors to flood us with media depicting violence, no matter how extreme as long as, God forbid, we don’t show people having sex.

After the idea of outlawing "hate speech" arose last year, Crow decided that the issue of censorship went much farther than the restrictions imposed on adult entertainment; and UNCENSORED, his latest project, reflects his concerns that many forms of censorship in New Zealand are widespread.

It's no accident that September 11 is the date chosen for the launch of UNCENSORED as the hidden facts regarding the real perpetrators of the tragedy of 9/11 are featured in the first issue of the magazine.

UNCENSORED magazine is distributed by Independent Media Distributors Ltd and will be available in booksellers, news dealers and supermarkets throughout the country. It will initially be published quarterly. RRP $9.95 (126 pages, full colour, perfect bound.)

 

7th Sept   Friendly Fire at Journalists

From The Guardian by Edgar Forbes

We should be using the same mechanism as terrorists to get to the truth that lies beyond and behind the lenses of the cameramen

As the public and the press pour over the latest terrorist video to be aired on al-Jazeera, the question again arises whether it is right for us to see or be shown these words of war.

Is al-Jazeera a PR channel for terrorist propaganda? In reporting and further disseminating this video nasty, is our press just providing a further platform for airing these voices of hatred? At a time when parliament is legislating to ban subversive speech and banish those accused of engaging in it, is it right that our media are broadcasting the chilling message of Mohammed Sidique Khan that our words are dead until we give them life with our blood.

The answer has to be a resounding yes. To give his words life Khan and his accomplices drew their blood from hundreds of innocent victims. So why should we be allowed to listen to the words of Khan? Precisely because we need to know what and who we are dealing with. If we are targets we have a right to know why. We now know Khan's reasons, or some of them.

Mohammed Khan was wrong on so many levels but our response to his video should be to also prove wrong his statement that: I'm sure by now the media's painted a suitable picture of me, this predictable propaganda machine will naturally try to put a spin on things to suit the government and to scare the masses into conforming to their power and wealth-obsessed agendas.

The Hutton Inquiry and the protracted attempts to elicit the basis for going to war should act as a wake-up call to the press and its public to take debate to a new level.

What is fundamentally troubling is that attempts to get information about what is actually happening in Iraq and other parts of the world for which terrorists are holding us responsible, are being prevented by western armed forces. Moving on from the critique surrounding the decision to go to war, our next focus should be on the results of that decision. We know the results we've witnessed in London but what do we really know about what's happening to the people our armed forces have supposedly liberated? Getting the truth and the news to deliver it is proving a real problem in Iraq. The raft of briefings given to the media at press centres on military bases such as al-Sayliyah are sanitised versions of events delivered behind the bloody scenes of war and the conflict that has waged ever since.

Getting the grass-roots news out of Baghdad and surrounding areas is a perilous process. According to Reporters Sans Frontieres, 66 journalists and media workers have been killed since the conflict began in 2003, more than in the entire Vietnam war. What makes matters worse are how many of these have been the victims of so-called "friendly fire" by coalition forces.

It is worrying to see how a ground-level affront on press freedom and reporting is being waged against many of those journalists brave enough to risk life and limb to bring us closer to the fuller picture of what's really happening. Having been responsible for the deaths of numerous journalists, US forces don't seem to like the idea of free-roaming journalists getting behind-the-scenes footage.

Reuters journalists have been a particular target of the US forces who took cameraman Ali Omar Abrahem al-Mashhadani captive three weeks ago and are holding him without stating what, if any, the charges are. He is being denied any form of trial or access to legal representation. Widespread demands for his release have been met with intransigent rebuffs from the military who say that it will be at least another 60 days before anyone get to see him. This cannot be right.

Ali al-Mashhadani has since been joined by another Reuters cameraman, Haider Kadhem who was detained over "inconsistencies" in his statements and because military personnel didn't like some of the images they found on his equipment. Eyewitness accounts suggest that his only misdemeanour was to identify US troops as being those who fired at the car containing his colleague soundman Walee Khaled who was killed.

So how far is the US military prepared to go to cover up the sights they don't want us to see or report on. Given the fact that Reuters is a global news organisation with a reputation for impartial newsgathering, why the suspicion of its staff? US forces are also behind the killing of two Reuters cameramen. Having worked for the news agency for over a decade Mazen Dana was gunned down while filming outside Abu Ghraib prison in 2003 amid various unsatisfactory explanations why he was targeted. Earlier that year a US tank gunner opened fire on the Palestine Hotel in Baghdad killing Reuters cameraman Tara Prostyuk who had been standing on his balcony. The hotel was known as a base for journalists covering the conflict but US forces claimed that Iraqi troops were also there. Another Spanish cameraman, Jose Couso also died in the incident.

To the extent terrorists are sending us their messages through the media, we should be using the same mechanism to get to the truth that lies beyond and behind the lenses of the cameramen US troops are so keen to suppress.

 

6th Sept   Serious about Comic Censorship

From LA Times

The notion persists that all readers are kids, which places more restrictions on what comic book characters can say.

Comics have gained a certain gravitas in recent years: Graphic novels get reviewed alongside conventional books, and universities offer courses on comic book theory. There has been a glut of news stories telling us of comics' newfound maturity. The courts, though, have not adapted so readily.

We still have to deal with prosecutors who will look at a jury and say, 'Come on — comics are for kids. Let's call a spade a spade,'  says Charles Brownstein of the Comic Book Legal Defense Fund. It's a stigma, he says, that still causes problems for the industry when it comes to obscenity charges or arguing fair usage in copyright cases. That's why Brownstein's group has earned gratitude — and often financial support — from those in the comics world.

With a three-person staff, the defense fund is run out of a small office on Madison Avenue in New York. They've recently moved operations from Northampton, Mass. The nonprofit organization was founded by comic book artist Dennis Kitchen in 1986, more than 30 years after the industry's first major run-in with the authorities — a Senate hearing on the destructive influence of comics on children. Things didn't go comics' way that day, and a restrictive Comics Code Authority was soon established. Ever since, comics and the law have had a strained relationship.

The field of comics law is littered with weird details. One landmark case involved two villainous half-human, half-worm brothers named Johnny and Edgar Autumn who graced the pages of DC Comics. They happen to look a lot like the musicians Johnny and Edgar Winter. Less than flattered, the Winter brothers sued in 1996 on such grounds as defamation and invasion of privacy.

There's been progress, Tom Batiuk says, but comics still struggle for the same acceptance as books and movies.  The defense fund's efforts are important for an industry with few financial resources, Miller says. Book publishers and movie studios have plenty of resources to fight censorship attempts, but the comics industry mainly consists of artists with day jobs and mom-and-pop stores.

 

31st August   Level 3 Censorship

From Computer Active

Level 3 Communications is denying German web surfers access to www.Ogrish.com, a website displaying graphic images that many consider distasteful. [but no doubt OK by our very own censorial Home Office as they are not sexual]

Ogrish has made a name for itself by hosting shocking images. The website offered video footage of the beheading of hostage Nick Berg last year in Iraq, forensic pictures from murder investigations and photos of victims of the tsunami that struck Asia last year. The website is hosted by a US customer of Level 3.

The telecoms firm blocks access to the site by filtering the IP address on its routers in Germany. The blocking method ensures that only customers of German ISPs that use Level 3's services are affected by the ban.

Level 3 is a so-called backbone provider that operates a worldwide network of internet lines. It sells access to its network to ISPs, enterprises and hosting providers.

German watchdog Jugendschutz had contacted the local branch of Level 3 about Ogrish. The self-styled 'Youth Protection' group claimed that the provider violated German legislation that requires websites to verify the age of its visitors before granting access to adult content.

Level 3 launched an investigation following Jugendschultz's complaint and decided to block the website, a spokeswoman for the company told vnunet.com. We blocked [Ogrish's] IP address so that we could be as surgical as possible, she said.

The spokeswoman added that Level 3 does not have a predetermined policy for blocking websites, but does so on a case-by-case basis. The company blocked access to a website for the terror organisation of the Palestinian Islamic Jihad last year that was hosted on its network. Similar to the Ogrish case, there were several layers between Level 3 and the company that hosted the actual website.

In a note posted on its website, Ogrish complained that Level 3 acted without an official legal order. This action is outright censorship and is not justified, it said.

The site claims that it is merely showing scenes that are part of everyday life, and stated that it has taken appropriate action to discourage underage visitors from accessing the website.

It also claimed that the block affects internet users in countries surrounding Germany, including France, The Netherlands and Poland. The Level 3 spokeswoman replied that she is not aware of any users outside Germany being affected by the block.

Since Level 3 operates a private network, the provider has the legal right to block whatever content it wants, according to Annalee Newitz, a policy analyst with the Electronic Frontier Foundation, which seeks to assure freedom of expression in digital media. The operator's block does not violate freedom of speech rights because these only apply to government censorship.

Newitz did disapprove of Level 3's decision to act based on a complaint from the watchdog group. It should have waited until it got some kind of official request from a political or judicial party, Newitz told vnunet.com.
Hopefully Germans will vote with their money, telling Level 3 that they do not like vendors that censor things.

 

29th August   Singapore: Asian Arts, Media and Censorship Hub

From Taipei Times

A film director who could face charges over his documentary about an opposition politician said yesterday that police have asked him to surrender all remaining copies of the film and the equipment used to make it.

Martyn See said authorities have also asked him to hand over shipping documents for Singapore Rebel, which he sent for screening at the New Zealand Human Rights Film Festival and the Amnesty International Film Festival in Hollywood earlier this year.

See said police questioned him for three hours on Thursday about his political affiliations. He said police also quizzed him about his online journal, and about how he had obtained archived newspaper articles posted on his Web site: The mood was relaxed until near the end of the interview, when I felt many questions were totally irrelevant to the making of Singapore Rebel. The filmmaker agreed to surrender the video, documents and copies on Aug. 29 after he was informed that the items would be returned.

Police have said See may have broken the law by knowingly showing or distributing a "party political film." See could be imprisoned up to two years or fined up to S$100,000 (US$60,606) if convicted.

Singapore's government is trying to promote this ultramodern city-state as an Asian regional arts and media hub -- but its leaders have been widely criticized for their strict censorship policies and other controls on free speech. Singapore's government has called politically motivated films "an undesirable medium" to debate issues.  Leaders argue that such regulations help maintain the stability that has turned Singapore into one of Asia's safest and wealthiest countries.

Singapore Rebel is about outspoken government critic Chee Soon Juan, who faces bankruptcy due to defamation lawsuits filed by former leaders Lee Kuan Yew and Goh Chok Tong. The 26-minute film was pulled from this year's Singapore International Film Festival after organizers were warned that it may contain some politically sensitive material.

Police spokesman Victor Keong said that "investigations are ongoing."

 

28th August   Fiji Rethink their Shameful Penal Code

From Fiji Times

The Fiji Law Reform Commission is in the process of amending the Penal Code and the Criminal Procedure Code, says chairman Alipate Qetaki. This seems particularly timely after the recent High Court judgment overriding anti-gay legislation

Referring to the High Court judgment by Justice Gerard Winter who had called on the commission to speed up the reforms, Qetaki said Justice Winter should understand that the Commission was an independent body which had its own procedures. The review of the Penal Code and Criminal Procedure Code started on May 17, 2005. We have a workplan to follow and an important element in the workplan is for the commission to carry out consultations within Fiji.

Qetaki said the commission was in the process of preparing discussion papers and issue papers that would be distributed to stakeholders including judiciary and the general public. This is to assist them to respond to various legal issues raised. There are social issues involved like abortion, prostitution and homosexual conduct, which are all part of the review. So the commission is carrying out a holistic review of the Penal Code.

The review is to ensure fair trial and protection of the rights of people accused of any criminal offence and to ensure fair, effective, speedy and efficient procedures for investigation and prosecution of offences.

 

28th August   Singapore Caught in Possession of Obscene Legislation

From The Hindustan Times

Border agents arrested a Malaysian man who tried to smuggle suspected pornographic video disks in his underwear into Singapore, the government said.

Officers did a full-body search of the man after he was allegedly caught with contraband cigarettes at a border crossing with Malaysia, the Immigrations and Customs Authority said on its Web site on Wednesday.

While frisking the man, police found two video CDs and two DVDs, the authority's Web site said. The Web site described the videos as "suspected to be uncensored and obscene."

Singapore bans the sale and possession of pornography. Importing pornography carries a one-year prison sentence upon conviction for a first offense. Possession of pornography carries a six-month prison sentence upon conviction for a first offense.

 

27th August   Shameful Fiji Law Overridden by Constitution

From Sign On San Diego

An Australian and a Fijian man won appeals on Friday against their convictions for homosexuality in Fiji, with the South Pacific island nation's High Court ruling homosexual acts in private were legal under the constitution.

Thomas McCosker, and Dhirendra Nadan had been sentenced to two years' jail after earlier being found guilty of homosexuality in a Fijian hotel room in March and for creating pornography by filming the act.

High Court Judge Gerald Winter said privacy provisions of the Fijian constitution meant that homosexual acts between consenting males in private were not illegal, but homosexual acts in public or without consent were illegal, reported local media. What the constitution requires is that the law acknowledges difference, affirms dignity and allows equal respect to every citizen as they are, Winter said in his judgment. A country so founded will put sexual expression in private relationships into its proper perspective and allow citizens to define their own good moral sensibilities, leaving the law to its duties of keeping sexual expression in check by protecting the vulnerable and penalising the predator.

The case sparked widespread debate about Fiji's strict, but rarely enforced, homosexual laws, which carry a maximum 14-year jail term. Australia has since added a warning to its travel advisory for Fiji about homosexuality being illegal.

McCosker's lawyer Natasha Khan said the ruling would have a big impact in Fiji, although she said state prosecutors have indicated they might appeal to Fiji's Supreme Court.

It's the not the all-encompassing victory we were looking for but it's middle ground nonetheless, Khan told reporters.

 

27th August   Missouri Anti-Adult Law Stripped Out

From Kansas.com

A Cole County judge on Friday declared a state law that places overly strict new restrictions on strip clubs is unconstitutional.

Circuit Judge Richard Callahan said provisions of the law, which was to go into effect Sunday, violate state constitutional limits on amending a bill beyond its original purpose, and First Amendment protections of nude dancing. The state may not limit persons of majority age from engaging in lawful expressive conduct protected by the 1st Amendment of the United States Constitution without a substantial and direct connection to adverse secondary effects, a showing that has not been made, Callahan said in the declaratory judgment.

Under the law, signed in July by Gov. Matt Blunt, seminude lap dances would have been banned and dancers would have had to stay at least 10 feet from each other. A customer would have faced a misdemeanor charge for tucking a dollar bill into a dancer's G-string. The law also would have required all dancers and customers to be at least 21 years old. Current law sets the minimum age for dancers at 19.

The bill's sponsor, Sen. Matt Bartle, R-Lee's Summit, said similar laws have been upheld in other states. I react to what my constituents have asked for, Bartle said before the ruling. I think smut shops in Missouri are incredibly destructive in people lives.

The adult entertainment industry's attorneys claimed the law violates free-speech and expression rights under the First Amendment. They also argued that it violates state constitutional requirements that bills relate to one subject and remain tied to their original purpose.

The subject of the bill that included the strip club restrictions was passed under the heading of "crime" after it initially was labeled as a bill for alcohol-related traffic offenses.

Bartle gave fellow lawmakers 50 case studies that support his belief that strip clubs decrease surrounding property values and increase crime. He said the new law would reduce those negative effects.

Richard Bryant, an attorney for the industry, said the studies were endorsed by religious groups and called them "bogus." He said a secondary impact study conducted a couple of years ago in Kansas City found that adult businesses did not increase crime or sink property values.

The attorney general's office said it was reviewing Callahan's decision and didn't yet know what actions it might take.

 

26th August   No Indecent Haste

Based on an article from the Hartford Courant

The US House of Representatives overwhelmingly passed legislation in February to raise the current $32,500 maximum penalty for indecency to $500,000. Similar legislation also passed the House last year, but again it's stalled in the Senate.

Although those who say the big increase would be a censorship tool for the government are heartened, groups fighting indecency on television and radio are frustrated.

This should have happened a long, long time ago, said L. Brent Bozell, president of the Parents Television Council, an entertainment industry watchdog group. The House continues to do its job, and the Senate continues not to do its job.

Last year the Senate bill was held up and eventually scuttled by Sen. Ernest "Fritz" Hollings, who wanted the legislation to include a requirement that the Federal Communications Commission study violence on television. This year, the issue has been bottled up in the Senate Commerce Committee.

Lanier Swann of Concerned Women for America, said the panel's chairman, Sen. Ted Stevens, R-Alaska, needs to answer for the reason that he isn't helping move this forward when it's something that the American public would really like to see.

Stevens has not said why two indecency bills pending in his committee have yet to get a hearing. He has advocated stronger indecency rules for broadcasters, and has complained about vulgarity on cable. His aides say he is not ignoring the issue, and is crafting his own legislation.

Opponents of higher fines worry that they would lead to less free expression. What has become clear is this really isn't about protecting kids. This is about changing television,"\ said Jim Dyke, executive director of TV Watch, an advocacy group funded in part by the entertainment industry. A politically active, savvy group of Americans has figured out a way to make TV in their own image. His group helps teach parents about tools they can use to control what kids see on television.

Under FCC rules and federal law, radio stations and over-the-air TV channels cannot air obscene material at any time, and cannot air indecent material between 6 a.m. and 10 p.m. The rules do not apply to cable or satellite broadcasts.

The FCC defines obscene material as describing sexual conduct "in a patently offensive way" and lacking "serious literary, artistic, political or scientific value." Material deemed indecent contains references to sex or excretions.

The commission has been quiet about indecency recently, not issuing any fines against broadcasters so far this year. In 2004, the FCC issued a record $7.9 million in fines, including a $550,000 fine against Viacom Inc., which owns CBS, for the 2004 Super Bowl halftime show featuring Jackson.

The National Association of Broadcasters said it would prefer to see the nation's 13,000 radio stations and 1,700 TV stations police themselves. Most people would recognize that broadcast programming is far less explicit in terms of sex and violence than what you routinely find on cable and satellite TV and radio, broadcasters' association spokesman Dennis Wharton said.

One of the bills before Stevens' committee was introduced by Sen. Sam Brownback. It would raise the maximum fine tenfold, to $325,000 an incident. The other bill, introduced by Sen. Jay Rockefeller, would boost the top fine to $500,000. It also would extend indecency rules to cable and satellite, and - for the first time - would allow the government to regulate violence on television.

 

26th August   Discriminatory Gay Laws in Hong Kong

From the BBC

A Hong Kong judge has ruled that laws prohibiting gay sex by men under the age of 21 are unconstitutional.
The High Court judge, Michael Hartmann, said the current laws discriminated on the basis of sexual orientation. Hartmann said the current laws were demeaning of gay men who are, through the legislation, stereotyped as deviant.

A 20-year-old gay man, William Roy Leung, had challenged Hong Kong's existing laws on the issue. They allow sex between heterosexuals and lesbians from the age of 16, but anyone under the age of 21 who engages in sodomy could face life in prison.

Gay rights activists welcomed the ruling, saying that 63 men have been arrested under the laws in the past five years. They said that the law was now unenforceable. It is a landmark case and a long overdue judgement, said activist Roddy Shaw. It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court.

Hong Kong is now holding consultations on the legislation. The territory's security bureau said it was studying the ruling.

 

25th August   Blogging in the Middle East

From CBS News

Alaa Fattah has a voice that carries further than those of other antigovernment activists. Fattah, just 23, is one of Egypt's leading bloggers, part of an online community that acts as a virtual megaphone for Egypt's burgeoning opposition movement. Other countries in the Middle East have started cracking down on the Internet, arresting bloggers and imposing strict censorship regimes.

As bloggers gain clout in Cairo, observers say it is only a matter of time before Egypt follows suit. At a recent demonstration in Cairo's Opera Square against the 25-year rule of President Hosni Mubarak, activists distributed placards that read "Freedom Now" and "No to Oppression." Fattah, on the other hand, passed out lists of Web sites to a dozen or so local bloggers who act as an unofficial media outlet for Egypt's disparate opposition. You just can't rely on the mainstream media here.

Many Arab bloggers are tackling sensitive political and human rights issues rarely broached by the state-controlled media. They are proving to be a powerful source of information, capable of reaching a few hundred like-minded activists, or of rallying international attention to a cherished cause.

After government supporters attacked and beat protesters in late May, Egypt's blogging community led the effort to publicize what had happened.

I had never heard the word blogger until May 25, says Rabab al-Mahdi, a political science professor at the American University in Cairo, and an opposition activist. But now I know them well because of all the amazing coverage they had of the protests. My friends overseas all followed what happened through the blogs, because they have more credibility than the mainstream media.

Activists in Egypt rely on blogs like Fattah's to find out the time and place of future demonstrations, to learn who has been arrested and where they have been taken, and to debate the effectiveness of opposition strategies. In short order, Egypt's bloggers have become a political force, capable of more than merely commenting from the sidelines.

In early June, Fattah and two other bloggers decided they were tired of protesting in the same tired locations, with the same hackneyed slogans. Acting independently of opposition elders, they used their blogs to organize a protest in a working-class Cairo neighborhood, which attracted a respectable 300 people. The young bloggers' innovative logos, slogans, and choice of location prompted a sweeping debate among the Egyptian opposition.

Similarly, after three suicide bombers pounded the Sinai resort town of Sharm el-Sheikh on July 23, three other Egyptian bloggers organized an antiterrorism candle light vigil. It attracted so much interest that the government banned it at the last minute.

The new threat is only beginning to dawn on Middle Eastern regimes, long accustomed to tightly regulating the flow of information. Bloggers and online journalists have been imprisoned in Iran, Syria, Bahrain, and Tunisia. Several others closely monitor and restrict access to Web content. Media observers expect the region's bloggers to face growing intolerance from governments.

In 2001, Hossein Derakhshan, an Iranian emigrant to Canada, published directions on how to make a blog in the Farsi language. Seven months later there were 1,200 blogs in Iran. Today, there are an estimated 75,000 to 100,000 Iranians blogging, including former vice president Mohammad Ali Abtahi. During the 2003 student uprisings in Iran, Internet blogs and chat rooms allowed students to mobilize, organize, and communicate with one another, free of prying government eyes.

Iran has since adopted one of the world's most substantial Internet censorship regimes, according to the Open Net Initiative, a partnership of researchers from Harvard, Cambridge University, and the University of Toronto.

 

24th August   More Flexible Means More in Myanmar

From Mizzima

The Burmese government have continued to ban sensitive news despite assurances of more “flexible censorship policies”

The Burmese Ministry of Information’s Press Scrutiny and Registration Division (PSRD) on 16 August blocked the Myanmar Times from publishing a Burmese translation of an article on new publishing license regulations in the country, according to well-informed sources in Rangoon.

The banned article, scheduled for the Myanmar Times’ 18 August edition was about the new publishing license regulation, issued by the ministry on 1 August.  Under new publishing rules, the PSRD can block the transfer of a publishing license from one publisher to another. The new rules also tighten control over authorized publications’ editorial teams.

The new regulations, however, were only published in “Myanmar Times”, which runs bilingual news and commentary in English and Burmese languages every week. Apparently the military junta does not want Burmese readers to know about its new restrictive policy. It doesn’t care about the English version which tends to be read mostly by expatriates in Burma, said the sources.

Ironically, the publishing rules are part of new press censorship regulations that PSRD director Maj. Tint Swe says offers concessions to the media in return for a more proactive approach to supporting the junta. Maj. Tint Swe earlier told the Myanmar Times that new censorship policies put in force in July will allow for a more flexible environment for media reporting. He had said that negative reports an commentary about China, India and the Association of Southeast Asian Nations (ASEAN) will still be banned, but suggested that critical reports on Burmese government projects may be tolerated as long as criticisms are deemed “constructive”.

He added that media coverage of natural disasters and poverty, previously banned, will also be allowed so long as the reports do not affect national interest.

Recent developments in Burma however suggest that nothing has changed in the junta’s censorship regime. Worse, some members of the Burmese media community suggest that things are still getting worse.

On 5 August, “Irrawaddy Magazine”, an independent Burmese news publication operating in exile in Thailand, quoted journalists inside Rangoon as saying that the overall the situation was deteriorating, despite official assurances of “more flexible censorship policies”.

In July, none of the Burmese media reported on Burma’s decision to forgo its rotating chairmanship of Asean in 2006 in response to pressure from the international community.

 

19th August   Even More 18 Rated than Before

From Scoop

The New Zealand Office of Film and Literature Classification has classified the modified version of video game Grand Theft Auto: San Andreas as R18 with the descriptive note ‘contains violence, offensive language and sex scenes’.

On 25 July 2005 Chief Censor, the crazed Bill Hastings called in the game for re-classification, following reports that it contained hidden sex scenes. The game, with the hidden sex scenes activated, has been examined and classified.

Although the modified game has also received an R18 classification, it was important that we examined the game in light of the new content said Hastings. When we classify a game or any other publication we need to examine all its elements before making a decision. We could only be sure that the classification was appropriate once we had done that he said. The new classification applies only to copies of the game with the ‘Hot Coffee’ modification activated.

Because the game was already restricted to adults, the new content has not created the need for a higher classification as it has in some other countries. The sex scenes, while not explicit, have reinforced the adult nature of the game said Hastings.

The new classification will not affect owners or sellers of the unmodified game.

The modified game is unlikely to be offered for sale since doing so would violate the developer’s copyright and the game’s end user agreement. However, people should bear in the mind that it is an offence to supply or exhibit the any version of the game to people under 18 years of age.

 

19th August   Censoring Feudal Superstition

It hardly sounds surprising that few youth aspire to the communist party's 'cult of austerity'. I think they could do with a little re-branding

Based on an article from The Standard

China has launched a sweeping campaign to censor publications and audio-visual products it sees as supposedly exposing its youth to unhealthy influences, state media said recently.

Five government departments, including the Education Ministry and the Communist Youth League, issued a joint notice ordering the crackdown on "harmful" publications and electronic product.

The campaign, to take place nationwide between now and October, will target books, cartoons, audio-visual products and video games with content featuring pornography, violence and "feudal superstition and false science," it said. Officially, atheist China still regards many religious activities as superstition and often uses this as a pretext to crack down on religious groups.

The authorities will also step up their control of shops selling computer software and video games and target people engaged in producing illegal publications, it said.

President Hu Jintao's government has repeatedly expressed strong concern about the ethical standards of the young, who are increasingly exposed to materialistic values while showing little interest in the communist party's cult of austerity.

Last year, China seized about 230 million illegal publications, including pornographic materials, and shut down 41,000 publishing houses and bookstores, according to state media.

 

18th August   Fiji Jails Gays

From Advocate

Two gay men challenging Fiji's sodomy laws on Wednesday made passionate pleas in the country's high court not to be returned to jail, reports the Fijilive Web site. Thomas McCoskar from Australia and Dhirendra Nadan of Tavarua, Nadi, are appealing their two-year sentences and convictions for engaging in gay sex and creating pornography for distribution via the Internet earlier this year.

The decision on their appeal will be delivered by Justice Gerard Winter in Lautoka on Friday. Both men made passionate pleas for freedom. McCoskar said he came to Fiji in March for a holiday without knowing of Fiji's strict sodomy laws. It was not publicized in Australia that homosexual [activity] is illegal in this country. If I knew that, no way will I engage in this practice.

Their lawyer, Natasha Khan, earlier questioned the constitutionality of the sodomy law and its impact on gays in Fiji. The sodomy laws will be used by police, for example, for the purpose of blackmail and extortion. It is not properly utilized, so every known homosexual can be penalized by the court. Khan also denounced public opinion against legalizing homosexual activity, saying that such opinion has no place in court. We have to protect the minorities.

Sodomy is a felony that carries a maximum of 14 years' imprisonment. The case is believed to be a first in Fiji in which the inconsistency between the constitution and the penal code on laws relating to homosexuality is brought before the courts. While the constitution—Fiji's supreme law—guarantees the rights of sexual minorities, the penal code forbids sex between men.

 

18th August   Restrictive without Filters

From The Sydney Morning Herald

Singapore maintains some of the world's tightest restrictions on free expression on the internet, but unlike other regimes, it doesn't do it with filters.

Instead Singapore controls the web through an unusual mix of legal pressures and access restrictions, according to a new study by three universities.

Testing of 1632 websites by the OpenNet Initiative found only eight blocked, mostly for pornography. If you look at it alongside places like China and Iran, Singapore's technical internet censorship regime is mild by comparison, said John Palfrey, executive director of the Berkman Centre for Internet and Society at Harvard University

Singapore's government manages to restrict discussions on politics and religion by requiring sites on those topics to obtain licences, the report found. Internet service providers also must comply with regulations banning speech deemed offensive or harmful.

To discourage dissent, the government also uses defamation laws that favour plaintiffs and puts defendants at risk of hundreds of thousands of dollars in liability, the report found. The report cited the case of a University of Illinois student from Singapore who was threatened with a lawsuit over comments made on his web journal. Singapore's Agency of Science, Technology and Research agreed not to sue after he shut down his blog and apologised for comments he had posted about the agency.

 

17th August   Booked for Unconstitutional Offence

From AVN

US obscenity charges against two rural Louisiana adult bookstore owners should be dismissed because the state’s obscenity statute violates the First Amendment, according to attorney J.D. Obenberger, who is representing one of the business owners.

Obenberger is trying to get the Louisiana law, which was written in the early 1970s, invalidated entirely because of what he calls overly broad and vague language that stifles constitutionally protected speech.

Charged in the case are Emmette Jacob Jr. of Le Video Store and Edward Burleigh Jr. of The Video Place. Jacob, who is represented by Obenberger, was charged under Louisiana statute for selling a copy of Hustler that featured double-penetration and watersports photos and two DVDs.

As Obenberger wrote in his memorandum, R.S. 14:106 is facially invalid under the United States and Louisiana Constitutions because it extends the criminal application of its community standards in defining obscenity to the Internet and interstate commerce, and it extends criminal sanction to depictions which cannot be the object of criminal obscenity prosecution, and for these reasons is accordingly unconstitutionally infirm as impermissibly overbroad.

The argument is that Louisiana has failed to define the term “community” in the statute as pertaining to community-defined prurient interest – the so-called Miller test that determines whether material can be deemed obscene. Meanwhile, in 20 other states the state itself has been defined as the community, three states have defined the county as the community, and seven have defined the district as the community. Louisiana has no clear definition of community, which Obenberger argues essentially makes the law applicable to all pornography being viewed in Louisiana, such as that on the Internet, and violates the right to free expression.

If convicted on the obscenity charges, both Jacobs and Burleigh could face up to three years in prison. However, if Obenberger is successful, the decision would apply to both men.

Word from both camps is that regardless of what Judge Charles Porter decides, there will be an appeal and the case may eventually wind up in the Supreme Court of the United States, which could affect obscenity laws throughout the nation.

This imperils the survivability of all the obscenity statutes in the 45 states that have them. All of them are really expansively written, Obenberger said. They tend to all date from the ‘70s and try to reach everything they can. There’s a problem with that because society and the world have changed – we have the Internet and satellite dishes. Now, in order to not exceed the scope of their powers, they’ve got to limit their statutes to things that directly occur within their state.

The Louisiana obscenity statute has been upheld on previous court challenges; however, in 2000, the state supreme court eliminated a section of the law that banned the selling of sex toys as obscene devices.

Judge Porter plans to issue a ruling by August 28.

 

17th August   XXX Bush Whacked

From ZD Net

The Bush administration is objecting to the creation of a .xxx domain, saying it has concerns about a virtual red-light district reserved exclusively for Internet pornography.

Michael Gallagher, assistant secretary at the Commerce Department, has asked for a hold to be placed on the contract to run the new top-level domain until the .xxx suffix can receive further scrutiny. The domain was scheduled to receive final approval Tuesday. The Department of Commerce has received nearly 6,000 letters and e-mails from individuals expressing concern about the impact of pornography on families and children, Gallagher said in a letter that was made public on Monday.

The sudden high-level interest in what has historically been an obscure process has placed the Internet Corporation for Assigned Names and Numbers (ICANN) in an uncomfortable position. ICANN approved the concept of an .xxx domain in June and approval of ICM Registry's contract to run the suffix was expected this week.

ICM Registry, a for-profit company in Florida that plans to operate the .xxx registry, has told ICANN it would agree to a month's delay in the approval process to permit it to "address the concerns" raised by the Bush administration and other governments.

We're focusing our attention on the Department of Commerce and ensuring that we're building this as a voluntary (top-level domain) for responsible companies, Jason Hendeles, founder of ICM Registry, said in a telephone interview on Monday. Hendeles said that although the .xxx application is "already approved," his company is willing to try to allay fears about legitimizing pornography. The industry has existed for a long time and is growing internationally and is doing what it can to fight child porn and to be a responsible industry. This is an opportunity for all the different voices to come together.

Michael Froomkin, a law professor at the University of Miami, said it's not surprising ICANN's board has found itself in a pickle. They're supposed to be picked for technical competence,They're not elected. They're not representative of anything much. Who would pick this group of people to make decisions about how we feel about (domains) with sexual connotations?

A government report from a few years ago hints that the Bush administration could choose unilaterally to block .xxx from being added to the Internet's master database of domains. The report notes that the Commerce Department has
reserved final policy control over the authoritative root server.

 

14th August   Ministry of Selective Information

From adnki

A group of Yemeni journalists and parliamentarians are calling for the country's ministry of information to be abolished, saying the department - considered a source of media censorship by many - is undemocratic. The call came at the end of a two-day workshop this week on how to obtain legal guarantees for the freedom of the press, the Emirates-based newspaper Gulf News reports.

Those participating in the workshop also urged the House of Representatives, the Shura Council, the government in charge of drafting the new press law and the Yemeni Journalists Syndicate, to introduce a new press law, in line with international legislation.

They also called for a new article to be added to the country's constitution, providing for freedom of opinion and expression without restrictions, and which would eradicate government control of the media.

In its annual report released earlier this year, the human rights organisation Amnesty International highlighted the targeting of journalists in Yemen last year, saying punitive measures, including imprisonment, detentions and fines, increased. It gave as one example the case of Saeed Thabet, a Yemeni correspondent for a London-based news agency, who was detained for a week in March for reporting that the Yemeni president's son had been shot.

In September last year, Abdulkarim al-Khaiwani, editor-in-chief of the al-Shura opposition magazine was accused of supporting the rebel leader Hussain Badruddin al-Houthi and sentenced to one year's imprisonment after he criticised the Yemeni president and security force activities. He was then pardoned by the President Saleh in March 2005.

 

13th August   Crashing Censorship

From Reuters

The Ugandan Broadcasting Council has shut down a popular radio station, K-FM, following the airing on Wednesday evening of a talk show that discussed the death of Sudanese First Vice President John Garang.

Ugandan President Yoweri Museveni had on Wednesday afternoon threatened to shut down newspapers engaged in speculation over Garang's death on 30 July, in a Uganda government-owned helicopter that crashed near the Uganda-Sudan border. I will no longer tolerate a newspaper which is like a vulture. Any newspaper that plays around with regional security, I will not tolerate it - I will close it.

K-FM chief executive, Conrad Nkutu, said media council officials had gone to their studios on Thursday in the Ugandan capital, Kampala, and ordered them to stop broadcasting, an action he said was "unexplained, unreasonable and illegal".

The programme, Andrew Mwenda Live, featured a discussion of the president's threats, as well as speculation about the cause of the crash.

Garang, who had led the former southern Sudan People's Liberation Movement/Army through 21 years of civil war against the Sudanese government, had assumed office on 9 July, after signing a peace agreement with the government in January.

He died en-route to southern Sudan from Uganda, following a meeting with Museveni. Garang, who was buried in the southern town of Juba on 6 August, has been replaced as vice president by Salva Kiir Mayardit. An investigation into the cause of the crash is ongoing.

 

12th August   Censorship and Electioneering

From