[Mediapolitics] APC Condemns Seizure of IndyMedia Servers

[Art McGee]

http://www.apc.org/english/news/index.shtml?x=26809

The Association for Progressive Communications (APC)

Press Release

12 October 2004

JOHANNESBURG, South Africa -- APC condemns the actions by US 
and European law enforcement agencies to seize independent 
online news service Indymedia's web servers, which has led 
to the closure of more than 21 of the more than 140 
Indymedia web sites worldwide since October 7.

"We are disturbed by the apparently arbitrary and extreme 
measures taken to silence an independent internet-based 
source of information," said Anriette Esterhuysen, APC's 
Executive Director. "This is a violation of freedom of 
expression across international frontiers."

None of the agencies involved has admitted or provided 
reasons for the seizure though Rackspace, the company which 
provided web hosting for the sites and handed the servers 
over to law enforcers, said in a statement that their action 
was "in compliance with a court order pursuant to a Mutual 
Legal Assistance Treaty (MLAT)". MLAT establishes procedures 
for countries to assist each other in investigations 
regarding international terrorism, kidnapping and money 
laundering and so using it to remove an independent news 
source would appear to be an abuse.

APC is of the view that the provisions of Article 19 of the 
Universal Declaration of Human Rights which states that: 
"Everyone has the right to freedom of opinion and 
expression; this right includes freedom to hold opinions 
without interference and to seek, receive and impart 
information and ideas through any media and regardless of 
frontiers," have been violated by the US and European 
governments.

APC opposes censorship on the internet and states in its 
Internet Rights Charter that "the internet is a medium for 
both public and private exchange of views and information. 
People must be able to express opinions and ideas, and share 
information freely when using the internet."

APC is of the view that the right of freedom of expression 
and access to the internet of the citizens of Ambazonia, 
Andorra, Antwerpen, Belgrade, Brazil, East and West 
Vlaanderen, Euskal Herria, Galiza, Germany, Italy, Liege, 
Lilles, Marseille, Nantes, Nice, Poland, Portugal, Prague, 
Uruguay, Western Massachusetts, and the UK (where the 
affected IndyMedia Centres are) has been violated. As 
freedom is indivisible, a violation of one citizen's rights 
is a violation of all global citizens' rights.

APC understands the difficulties that server farms like 
Rackspace face when prosecutors come knocking at their door, 
flashing court orders and demanding the immediate hand-over 
of their equipment. APC urges that internet service provider 
(ISP) associations and other industry associations take 
precautions to protect their members from becoming 
unintentionally complicit in the violation of freedom of 
speech. There is a need for ISPs to have access to 
information about their rights to protect their clients.

APC demands that the US and European governments concerned 
provide reasons for their actions and explain their 
violation of Article 19 of the Universal Declaration of 
Human Rights and on what basis they made use of the MLAT to 
silence Indymedia, an independent source of information on 
the internet.

"European and North American governments which frequently 
point to human rights abuses in countries from the Global 
South need to explain their own apparently arbitrary abuse 
of Indymedia's rights and those of its readers," said 
Anriette Esterhuysen.

APC Internet Rights Charter: 
http://rights.apc.org/charter.shtml

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ABOUT APC

The Association for Progressive Communications (APC) is
an international network of civil society organisations 
dedicated to empowering and supporting groups and 
individuals through the strategic use of information and 
communication technologies (ICTs), especially internet- 
related technologies. APC's network of members and partners 
in Western, Central and Eastern Europe, Africa, Asia, Latin 
America and North America all support the use of internet 
and ICTs for social justice and sustainable development.

APC: http://www.apc.org
Email: info at apc.org