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    by Sean Mc Aughey
Sean Mc Aughey is a former University of Ulster Student's union President and has worked in public relations.
He is now a freelance journalist and a regular contributor to the Blanket, which describes itself as “a journal of protest and dissent”.
His material is published unedited on this page.
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Leading Human Rights Solicitor "Shut Down” by Law Society

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USA Presidential Election 2024
06 Nov 2024; posted by the editor - Opinion, United States

The world outside of the USA formed and helped develop the United States into what it now is.
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COVID infodemic and the lure of censorship       printable version
13 May 2020: posted by the editor - General, Health, Human Rights, Journalism, Technology, Internet news

Article by Chloé Berthélémy, EDRi Policy Advisor
In EDRi's series on COVID-19, COVIDTech, we will explore the critical principles for protecting fundamental rights while curtailing the spread of the virus, as outlined in the EDRi network's statement on the virus. Each post in this series will tackle a specific issue at the intersection of digital rights and the global pandemic in order to explore broader questions about how to protect fundamental rights in a time of crisis. In our statement, we emphasised the principle that states must “defend freedom of expression and information". In this second post of the series, we take a look at the impact on freedom of expression and information that the measures to fight the spread of misinformation could have. Automated tools, content-analysing algorithms, state-sponsored content moderation, all have become normal under COVID-19, and it is a threat to many of our essential fundamental rights.

We already knew that social media companies perform pretty badly when it comes to moderate content on their platforms. Regardless of the measures they deploy (whether using automated processes or employing human moderators), they make discriminatory and arbitrary decisions. They fail to understand context  and cultural and linguistic nuances. Lastly, they provide no proper effective access to remedies.

In times of a global health crisis where accessing vital health information, keeping social contact and building solidarity networks are so important, online communications, including social media and other content hosting services, have become even more essential tools. Unfortunately, they are also vectors of disinformation and misinformation that erupt in such exceptional situations and threaten public safety and governmental responses. However, private companies – whether voluntarily or pressured by governments - should not impose over-strict, vague, or unpredictable restrictions on people’s conversations about important topics.

Automated tools don’t work: what a surprise!
As the COVID-19 crisis broke out, emergency health guidelines forced big social media companies to send their content moderators home. Facebook and the like promised to live up to expectations by basing daily content moderation on their so-called artificial intelligence. It only took a few hours to observe glitches in the system.

Their “anti-spam” system was striking down quality COVID-19 content from trustworthy sources as violations of the platforms’ community guidelines. Sharing newspaper articles, links to official governmental websites or simply mentioning the term “coronavirus” in a post would result in having your content preemptively blocked.

This whole trend perfectly demonstrates why relying on automated processes can only be detrimental to freedom of expression and to freedom of receiving and imparting information. The current context led even the Alan Turing Institute to suggest that content moderators should be considered “key workers” in the context of the COVID-19 pandemic.

Content filters show high margins of error and are prone to over-censoring. Yet the European Parliament adopted a resolution on the EU’s response to the pandemic which calls on social network companies to proactively monitor and "stop disinformation and hate speech". In the meantime, the European Commission continues its “voluntary approach” with the social media platforms and contemplates the possibility to propose soon a regulation.

Criminalising misinformation: a step too far
In order to swiftly respond to the spreading of COVID-19 health crisis, some Member States desperately try to control the flow of the information about the spread of the virus. In their efforts, they are seduced by the adoption of hasty legislation that criminalises disinformation and misinformation which may ultimately lead to state sponsored censorship and suppression of public discourse. For instance, Romania granted new powers to its National Authority for Administration and Regulation in Communications to order take-down notices for websites containing “fake news”. A draft legislation in its neighbour Bulgaria originally included the criminalisation of the spread of "internet misinformation" with fines of up to 1,000 euros and even imprisonment of up to three years. In Hungary,  new emergency measures include the prosecution and potential imprisonment of those who spread “false” information.

The risks of abuse of such measures and unjustified interference with the right to freedom of expression directly impair the media’s ability to provide objective and critical information to the public, which is crucial for individuals' well-being in times of national health crisis. While extraordinary situations definitely require extraordinary measures, they have to remain proportional, necessary and legitimate. Both the EU and Member States must refrain from undue interference and censorship and instead focus on measures that promote media literacy and protect and support diverse media both online and offline.

None of the approaches taken so far show a comprehensive understanding of the mechanisms that enable the creation, amplification and dissemination of disinformation as a result of curation algorithms and online advertising models. It is extremely risky for a democratic society to rely only on very few communications channels, owned by private actors of which the business model feeds itself from sensationalism and shock.

The emergency measures that are being adopted in the fight against COVID-19 health crisis will determine how European democracies will look like in its aftermath. The upcoming Digital Services Act (DSA) is a great opportunity for the EU to address the monopolisation of our online communication space. Further action should be done specifically in relation to the micro-targeting practices of the online advertising industry (Ad Tech). This crisis also showed to us that the DSA needs to create meaningful transparency obligations for better understanding of the use of automation and for future research -starting with transparency reports that include information about content blocking and removal.

What we need for a healthy public debate online are not gatekeepers entitled by governments to restrict content as in non-transparent and arbitrary manner. Instead, we need diversified, community-led and user-empowering initiatives, that allow everyone to contribute and participate.

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Friday, January 14, 2005
Leading Human Rights Solicitor "Shut Down” by Law Society
Society claims ‘substantial history of complaints going back ... years’
Exclusive report by Sean Mc Aughey
Sources and friends close to lawyer Padraigin Drinan are saying the official reasons behind an enforced closure by the Law Society of the offices of Ireland’s foremost human rights defender and solicitor remains wide open for damaging speculation.

Former clients who contacted the Law Society say they were immediately re-directed to a voice mail inbox belonging to the Deputy Secretary; Suzanne Bryson who was unavailable.

On Wednesday a Law Society spokesman was asked if Ms Drinan’s certificate to practice been fully revoked. The spokesman described the measures against Ms Drinan as a “removal of her provision to practice.” and added that a full Law Society press statement on the matter would be available.

In a statement released on Friday, January 14, 2005, the Law Society said: “Ms Drinan has a substantial history of complaints going back a number of years. These have led to a series of decisions by the Law Society to bring proceedings against Ms Drinan before the Disciplinary Tribunal, established for this purpose by the Solicitors (NI) Order 1976, as amended. The Disciplinary Tribunal operates independently of the Law Society.”

However, no clarrification of the substance or nature of the ‘complaint’ was given. The statement continues: “Complaints against Ms Drinan came before the Disciplinary Tribunal in May 2004. On considering the evidence presented by the Law Society, the Tribunal found that the complaints had been duly substantiated. It may be helpful to explain that in addition to imposing certain fines and costs penalties, the Tribunal Order records as follows; ‘The Tribunal noted with regret the Respondent’s (Ms Drinan) previous history of proven complaints before the Tribunal which were all similar to the complaints today. They formed the view that the Respondent was not functioning at any acceptable level as a single practitioner and that in the interest of the public and the Respondent herself, they are ordering that she is restricted from practising on her own account or in partnership. She may accept employment from another solicitor provided they have at least seven years post qualification experience. The Tribunal also orders that she shall not work in any practice using her name on the title or as one of the principals.’ The Tribunal were prepared to defer the implemantation of the Order for a reasonable period to allow Ms Drinan to make alternative arrangements. This deferment initially applied until September 2004 with a subsequent deferral to a date than fixed by the Tribunal at 6 January 2005.

“As and from that date, Ms Drinan is not entitled as a matter of law to practise on her own account. If she continues to do so, she will not only be in breach of the Order of the Tribunal, but will also be committing a criminal offence. In these circumstances the Law Society is under an obligation to see that the terms of the Tribunal Order are complied with.

“Ms Drinan is not inhibited from practice as an employed solicitor.

“The inability of Ms Drinan to continue in practice on her own account is not an action taken by the Law Society but is a function of an Order made by the Disciplanary Tribunal. Ms Drinan has not to our knowedge at any time sought to contest or appeal the Orders made by the Disciplinary Tribunal.” The statement was signed by Don Anderson, for the Law Society.

An informed source close to Ms Drinan said it was believed that as a result of her civil rights involvement she was seen by the establishment as an embarrassing and troublesome ‘thorn in the side’ who had done nothing wrong other than to try to provide legal advice to those who could not otherwise afford it.

IRSP spokesperson, Terry Harkin described Ms Drinan as “someone who was on par with James Connolly especially in terms of helping the poor and the voiceless all over Ireland” and he asked “where will the most vulnerable in our society get legal help now ”?

“Padraigin Drinan,” he continued, “is a once in a lifetime heroine who ought to be recognized and elevated for her tireless work and not punished, bullied and intimidated by some of her colleagues, who have left her open to a humiliating whisper campaign. ”

A Spokesperson for the Anti Racism Network described The Law Society’s actions as “questionable” and she asked where was the Law Society’s energy when legal immigrants were imprisoned with their children, being bombed from their home or loosing their legs due to frostbite. The immigrants she said are only a small example of the many communities throughout Ireland who are indebted to Padraigin Drinan. ”

Padraigin Drinan speaking from her Belfast office said: “At this stage it appears that I am accused of being a poor business manager but not guilty of any financial impropriety. I have been instructed also that I must amalgamate with other solicitors. ”

But she added: ”I am heartened by the hundreds of calls from well wishers and supporters from all over the world including a call from among others, Gareth Pierce.”
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Thursday, 28 October 2004
Féile an Phobail, West Belfast
By Sean Mc Aughey
The West Belfast community was demonised for many years by both the establishment and the media and this reached fever pitch in March 1988 as a result of the tragic events which followed the SAS killings of three unarmed IRA volunteers in Gibraltar. In reaction to this unparalleled negative and damaging portrayal of the West Belfast community, local groups and their MP, Gerry Adams, decided to organise a festival. Its purpose was to celebrate the positive side of the community, its creativity, its energy, its passion for the arts, and for sport. And it aimed at providing events and entertainment at a price that the majority of the community could afford.

*1 The West Belfast Féile which is entering its 17th year is the largest community (people) powered festival in Europe. It is internationally regarded as a ten day long festival "on par" with the best community festivals in England and Ireland. The Féile includes, a colourful carnival parade, discussions, debates, concerts, exhibitions, children's events, i.e street parties, bouncy castles etc, sports, literary and drama events, Féile radio, widespread community events on a street to street, pub to pub basis and various political, cultural or historical tours and walks.

The Festival aims to provide events of interest for everyone at a price that the majority of the community could afford while simultaneously serving also to elevate a positive West Belfast self image contolled by its people despite the forces acting against the people and the official resources denied them. The Féile continues to grow into a major tourist attraction. The August Féile continues also to easily attract "top of the range" participation from local and International entertainers, artists and commentators. This year's Féile line up included, Arthur Scargill leader in 1984 of the National Union of Mineworkers presenting The 10th Annual Frank Cahill Memorial Lecture and The P.J. McGrory Memorial Lecture - Long Road to the Truth delivered by Mrs Geraldine Finucane who was shot and wounded at the time of her husband Pat's, assassination 15 years ago. Top British band Big Brovaz, Irish Traditionalist singer/songwriter, Donal Luney and Andy Irvine, Christy Moore and Declan Sinnott, novelist Roddy Doyle, comedian Rich Hall and Bob Marley`s band, the Wailers demonstrating that the Feile is going from strength to strength and most definitely growing in popularity not only among the audience but the artists, as well. The choice of August for the Féile by the West Belfast Community and many other Republican communities like Ardoyne and New Lodge is pertinent. Because, August 9th 1971, brought a re-introduction to nationalist areas of widespread house raids, arrests and imprisonment without trial or a release date. The yearly anniversary of Interment was previously marked in the community by a display of bonfires of defiance. But, the bonfires provided the RUC and British Army with the ideal opportunity for provaction and delivered in British terms "a fool proof" excuse for the entire "Mechanism of the State" to "justify" any injury or death perpetrated by State violence and especially the use of plastic bullets, when framed within the same context of a nationalist bonfire.

Teenager shot dead returning home from Internment night bonfire.
The DPP refused to initiate proceedings on the grounds that it was impossible to establish which RUC officer fired the fatal shot. The jury found that at the time of Seamus' killing that he was not engaged in any rioting and that there was no rioting at the time of his killing.

*2 "The fatal shot" that killed 15 year-old Seamus Duffy from the Oldpark area was fired from a passing RUC patrol on August 9th 1989. The plastic bullet crushed his heart and tore a four-inch laceration in his left lung.

*3 Seamus Duffy was returning home from an internment night bonfire and there was no rioting in the area. The initial RUC response indicates according to The Relatives for Justice group, the RUC believed Seamus Duffy did not die as a result of being hit by a plastic bullet and that they would appoint a 'top policeman' to investigate the exact circumstances of the death.

*4 Secretary of State, Peter Brooke said: 'There are no grounds for suggesting their use (Plastic Baton Rounds fired by RUC officers) last night was other than in accordance with the law'.

*5 Darkness
Over a very short period of time, bonfire culture in most Republican communities has been easily transformed to the community-orientated ethos that permeates participative festivals. Bonfires were already long since stigmatised as negative and destructive by the collective wisdom and experience of the community and most especially by those members of the community who vividly recall how life once was before the bright lights and colour of the Féile. A time, when, West Belfast was in darkness because the various combatants shut down the streetlights and fear was a way of life. The local dogs barking were for those of us making our way home hoping to avoid a beating from the British Army patrols, a most welcomed concert of sorts, alerting with pin point accuracy the exact location of the four, eight, 16 or 32 blackened faces of the British Army foot patrols in the area.

“Riddles' Field" - Daddy Makes A Dream Comes True (Thanks to the Féile)
When I reflect on the quality of life my teenage children are currently enjoying and compare this to my teenage days, I owe a lot to the efforts of the many people behind the West Belfast Féile who are continually raising the esteem of our people and enhancing our quality of life. There is clearly a massive gulf between my teenage days and that of my teenage children today in terms of confidence, opportunities and simply attending a concert by their favourite "pop stars" in West Belfast. This in itself remains a source of immense joy and pride. Especially, when I think about what used to be -"Riddles' Field", (Beechmount Leisure Centre) and look at the here and now concert venue, where teenage dreams are fulfilled. My daughters were in seventh heaven a few years ago at the Féile in "Riddles' Field" during a Westlife concert and then the Atomic Kitten concert. My teenagers' expectations are obviously higher today and undoubtedly more realistically obtainable thanks to the Féile. My children's confidence is part of the vibrancy that makes West Belfast Féile buzz. This buzz has been harnessed, channelled and most importantly of all, encouraged by the various F éile projects and events.

A Teenage Nightmare I hold by comparison to my children, a teenage tale of woe. One of my favourite Rock n' Roll bands in 1975, Showaddywaddy had agreed to play in Belfast at the ABC. I was all set for my face to face with my teenage "Top of the Pops" idols and unfortunately this was as near as I got. Showaddywaddy pulled the plug on the Belfast tour when news surrounding the murder of the Miami Showband reached their agents. I was shattered. The people responsible for killing the Miami Showband musicians were pro-British and some were also members of a British Army Regiment. Showaddywaddy were a Sheffield Band.

On the 31st July 1975, a Loyalist gang murdered three members of the Miami Showband. Tony Geraghty (23), Fran O'Toole (29), Brian McCoy (33). Two of the UVF gang were also killed, Harris Boyle, described as a UVF Major from Portadown, and Wesley Somerville, described as a UVF Lieutenant from Caledon, Co Tyrone. Two men from the Ulster Defence Regiment (UDR) were jailed for 35 years in connection with the murders of members of the Miami Showband. The Miami Massacre, a part of our past, had also a lasting impact for many engaged in the Arts and for one Belfast man the Miami murders would bring about his film debut.

Angel - Galway Film Fleadh Michael Dwyer: The thing that triggered Angel was the murder of the Miami Showband musicians...
Neil Jordan: Kind of. I was playing in a band and we used to travel up and down to Belfast and Derry and places like that and we'd be driving back late at night. It was in the 1980's when all those sectarian killings were happening. It was very black; you always presumed it wouldn't happen to you - that you were safe - and when the Miami were shot it seemed quite shocking. They were innocent and I felt totally numb I suppose and that put images in my mind. I like to write things with people in mind and I had written Angel with Stephen Rea in mind

*6 How are ye Jeffrey? - West Belfast Féile Talks Back
During the Féile Talks Back debate, a former IRA POW, Seanna Walsh—who was sentenced to twenty-two years when he was caught making explosives and mortar bombs— courteously welcomed The DUP's Jeffery Donaldson to the Féile debate. Mr Walsh then asked: “Jeffrey, when you talk about the IRA's capacity to make war, I can go out of here tonight with a couple of hundred pounds in my pocket and purchase the equipment to make Baltic Exchange/Canary Wharf type bombs. How are you going to remove that capacity? "

*7 The DUP man addressed the question in repetitive mantra. Seanna Walsh also said: "The point I was making was that I can produce homemade explosives and mortars. You cannot decommission that knowledge. What is more important is our commitment to peace and to politics. But all of the initiatives taken by the IRA to date have had absolutely no effect on the unionist community. Trust is a two-way street. We suspect that at the root of it unionists cannot deal with equality and sharing power and that the idea of republicans being in government was a bridge too far for them. Everything else is an excuse not to go there. ”

*8 The IRA and its weapons is being used as an excuse
About 24 hours after the Festival debate, Mr Gerry Adams, The West Belfast MP and President of Sinn Fein told PA News:
“ While I would not like to minimise what may be genuine fears and concerns within unionism, I do think the issue of the IRA and its weapons is being used an excuse.” The Sinn Fein president commended Mr Donaldson on his appearance at the festival and paid tribute to his colleagues on the committee, which organised the event. Mr Adams also said he would like to take part in a similar event in a loyalist area.

*9 Community Empowerment
Mr Adams sums up the spirit of the Féile in a sentence by saying he = would like to take part in a similar event in a loyalist area. Community festivals bring as in this case politicians face to face with the voter in the voter's home territory. The Shankill Road and East Belfast "Think Tanks" did likewise to enpower the community and expose the politicians. The voice of the community can be best heard at festival time.

References and sources used in this article:
*1 http://www.feilebelfast.com/ourhistory/
*2 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*3 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*4 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*5 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*6 http://www.iol.ie/~galfilm/filmwest/fleadhjordan.htm
*7 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*8 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*9 http://news.scotsman.com/latest.cfm?id=3D3300413

by Sean Mc Aughey

 


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