Latvian editor faces order to reveal sources in a closed court hearing

Edgars Kupčs, the deputy editor of a regional newspaper, Zemgales Ziņas, has been summoned to a closed court hearing at the Jelgava district court on December 4 to be ordered to reveal a source that gave him a public court transcript.  The transcript, in turn, is the basis for a criminal libel (yes, the kind where a journalist can be jailed fro what he or she wrote) case against Kupčs, who used the transcript to write about the allegedly shady dealings of a local attorney.

The attorney, Dzintars Lagzdiņš, has represented the Jelgava district local authority and a disputed article by Kupčs cited testimony by Lagzdiņš that seemed to support the journalist’s claim that the attorney, while on the public payroll, was providing information about public lands that could be available for purchase to a private businessman. This testimony was heard in open court and could have been reported by anyone.

Lagdziņš filed the criminal libel charges saying that his testimony, as lifted from a transcript of the open and public proceedings, was distorted to place him in a bad light and make allegations of unethical and corrupt behavior.

While Latvian law, like the legal systems of most countries, offers civil remedies for blatantly false publications and statements, the criminal libel law is seen as a blunt tool against the freedom of expression and a remnant of a Soviet/authoritarian mentality. It also carries a far stronger chilling effect than a civil lawsuit (which can, of course, in some contexts, be financially burdensome for journalists and publishing houses).

Another curious aspect of the case is that the demand to disclose the source of a transcript of open court testimony comes from a local police inspector who has reportedly expressed her conviction that Kupčs is guilty and that Lagdziņš is right to prosecute him. While she may hold that view, the police inspector seems to have ignored the absurdity of breaking a basic journalistic right to protect sources in order to reveal – not some damaging whistleblower – but merely someone who had a written version of what was said in open court. The source or sources did nothing wrong – unless there is another agenda to take revenge on them in addition to jailing and muzzling Kupčs.

This case should be on some kind of short list at Index on Censorship or Article 19, and perhaps the Committee to Protect Journalists (although Kupčs’ life is not being threatened by, say, some African militia). Latvian authorities, even in the  “provinces” must understand that they cannot violate fundamental media freedoms and the right to protect sources.  At least the Latvian Journalists’s Association has clearly stated that Kupčs must not reveal his sources. He should have the support of fellow journalists and editors around Europe and in the world.

Another suspicious "hate speech" case in Latvia

It looks like Latvia has another "hate speech" case, with one Ingus Graudiņš getting a suspended sentence for writing anti-Russian comments on an unnamed internet website. According to media reports, Graudiņš was involved in some kind of scuffle with Russians on the street, then went off and wrote some kind of rant or a series of anti-Russian rants. Apparently strong, perhaps racist language was used, though none of the matter-of-fact reports I have seen quote anything that the accused wrote.
As a defender of free speech, I am against any and all hate speech laws. Speech is speech - you may dislike it, hate it, be enraged by it, but you should not empower the government to imprison people simply for what they say or write, no matter who it enrages, insults, or offends. Civil libel and slander cases are another thing, but even here I would tread very carefully, especially if public figures are involved. If you choose the limelight, well, realize that sometimes it can be a targeting beacon for shit.
The case of Graudiņš, on the facts that I know, looks like a selective political prosecution in order to have a chilling effect on discussion of ethnic issues ahead of referendum on making Russian a second state language that will be held in early 2012. Depraved racist ravings are regular, daily occurances on Latvian internet portals and there should be a line of hundreds outside the courts if all these comments were to be prosecuted. I searched but couldn't find (portal content shifts) a series of comments I saw to some news story earlier today blaming "the Jews" for whatever it was that  had happened. This is so commonplace, along with the lambasting of gays and advocating their imprisonment or extermination, that one regards it as part of the written background noise on the Latvian internet.
Certainly this does not reflect well on Latvian society, but ignorance, bigotry and folly can't be remedied by repressive police methods and the stifling of political debate, even if one or several of the many voice in the debate are raving and raging, rather than making arguments. Sad, but let's not fill prisons over it.
Another worrying thing is that we have had several outrages against free expression in this country, the latest being a police raid on an internet site kompromat.lv, but there has been absolutely no reaction, not even a two-sentence mention on the Index on Censorship website or its free speech blogs.  We had police arrest spontaneous demonstrators, we had an internet medium's office raided, editor detained for 48 hours, servers seized, and now a rather suspicious hate speech case. I informed Index about all of these. May I kindly ask Index on Censorship- why the fuck are you completely ignoring this?

Index on Censorship blogs on the Smirnovs Case

Well, Index On Censorship at least blogged (in its Free Speech Blog) about the detention of the Latvian academic Dmitrijs Smirnovs:

Credit crunch censorship

Conservative Shadow Chancellor George Osborne very nearly lost his job recently after he was accused of ‘talking down’‘ the pound. He’s managed to ride the storm, but it was a close-run thing. Osborne should of course be able to say what he likes, but it’s not exactly a free speech issue, is it?

In Latvia, however, things are a little different. Journalist Juris Kaza got in touch to tell us of the case of Dmitrijs Smirnovs, a lecturer in accounting and finance, who, in the same week as Osborne found himself in hot water, actually found himself in jail after making critical remarks about the Latvian banking system in a panel discussion organised by newspaper Ventas Balss.

Smirnovs said that excessive lending, largely by Swedish-owned banks, had put Latvia in a precarious position and it was his opinion that people shouldn’t keep their money in banks nor in Latvian lats. According to press reports, police are preparing criminal proceedings against him for spreading false information that could destabilise the Latvian financial system.

Smirnovs spent two days in custody after being arrested. He’s now out of prison, but forbidden from leaving the country.

Meanwhile the Mirror is reporting that Conservative leader David Cameron is ‘distancing himself’ from George Osborne.