The Globalization of Censorship
by Jake Sexton
In today's increasingly international world, I suppose we should not be
surprised to hear about an American journalist working for a British paper
being sued by a Canadian mining company for an article about Tanzania.
All the same, it is a fascinating story with frightening possibilities for
the future of the freedom of speech.
In November of 2000, the UK Observer printed a story by one of their
investigative reporters, an American named Greg Palast. "The Best Democracy
Money Can Buy" traced the connections between former president George Bush,
the Barrick Gold mining company, and the 2000 US presidential election.
This story was one of the first to uncover the large numbers of African
American voters in Florida who had been turned away at the polls by being
erroneously listed as ex-felons.
In part of the article, Palast refers to a Barrick mine in Tanzania, and
repeats allegations originally made by Amnesty International in 1996: that
a company later purchased by Barrick murdered more than 50 miners by using
a bulldozer to bury them alive inside a mineshaft. The article does not
state whether or not the allegations are true; it simply states Amnesty's
allegations and Barrick's denials.
This article led to a result that most of us Americans can't even fathom:
essentially, Barrick sued the Observer because one of their articles
accurately quoted a source. As anyone familiar with the "McLibel" case of
the 1990s will remember, the UK has virtually no protections for freedom of
speech or freedom of the press. You can print a story that is 100% true,
and if that truth is found to be defamatory, you can still lose in court.
So it's easy enough for Barrick to claim that the Observer and Palast have
defamed them, and then let the threat of the lawsuit scare the paper into
submission. But Barrick takes it one step further. It's not enough that
they are abusing British libel law to suppress the story in the UK, they
are also abusing British libel law to attack Palast here in the US.
Claiming that people in the UK can read articles on Palast's US-based
website, they have threatened to sue him under UK law.
In early August, Palast and the Observer gave up, fearing that the lawsuit
could destroy their news outlet. They apologized to Barrick, paid the
company a cash settlement, and removed the story from the Observer website
and Palast's US website.
Why is Barrick fighting so hard to bury (no pun intended) this story? The
answer seems to be "money." Barrick's mining operations in Tanzania are
funded partially via large loans from the World Bank, the largest
guaranteed loans in the Bank's history. These World Bank loans cannot
legally be made to projects which involve human rights violations. In other
words, if these allegations of murder are true, Barrick could lose their
loan, and that wouldn't please the shareholders.
On one hand, this is the most common type of news story, one in which
someone screws over someone else for a buck. But Barrick has unveiled a
dangerous new tool for those who do the screwing: find a country whose laws
fit your repressive purposes and file your suit there. Using this logic, if
ETS! posts this very article onto the ETS! website, Barrick could sue ETS!
in the UK, or any nation unfriendly to the press. Just in case, anyone out
there familiar with free speech law in Cameroon? We might need to ask you a
favor. You can read the original Palast story at
http://www.onlinejournal.com/Special_Reports/Palast120100/palast120100.html.
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