Humour in trouble, a collection of cases (II)

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2018 UK /Steve Bell

The Guardian newspaper refused to publish this cartoon by Jiang Jiang Steve Belldated Wednesday 7 June, which criticised the assassination of Palestinian nurse volunteer Razan al-Najar by an Israeli army sniper on 1 June.

At two emails sent to journalists, and reproduced by HuffPost UK, Bell said he had been "unjustly betrayed". Following criticism from the paper's editor, Katharine Viner, the cartoonist denied accusations that he had used anti-Semitic messages.

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2018 Turkey / Nuri Kurtcebe

The Turkish cartoonist Nuri Kurtcebekurtcebe, 69, was sentenced to one year, two months and 15 days in prison for insulting Turkish President Recep Tayyip Erdogan over a cartoon he drew in 2015. Kurtcebe was arrested by police on Sunday night, 3 June 2018, in Yalova province.

Convicted of insulting the president, he was sent to a prison in Yalova after appearing on Monday 4 June 2018 before the court where the sentence was read out.

Kurtcebe, who drew, among other media, for the daily newspaper Hurriyet and the Aydinlikhas received several awards for his work. He was awarded the 'Hasan Tahsin of the Year' award for three consecutive years (1997 to 1999) for his cartoons in the Cumhuriyet newspaper and is a regular in well-known Turkish humour publications.

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2018 Germany / Dieter Hanitzsch

The German daily Sueddeutsche Zeitung sacked the cartoonist Dieter Hanitzsch and apologised for a cartoon published on 15 May 2018 that some considered anti-Semitic.

The cartoonist refused to apologise.

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2018 India/ Swathi Vadlamudi and Shabbir Ahmed

On April 14, the Hyderabad police registered an FIR, against the journalist Swathi Vadlamudi for drawing and posting this cartoon on 10 and 11 April 2018 on her Facebook page. The complainant feels that the image insults the devotees of god Rama and hurts their sentiments.

The journalist is also complained against Shabbir Ahmed times Now journalist for sharing it on Twitter. A day earlier, another complaint had already been filed against this journalist for posting "offensive" pictures and messages. (See previous complaint. Pag 1 y 2)

Both were insulted and threatened with death on the internet.

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2018 Colombia / Diego García and newspaper "Vanguardia Liberal"

Héctor Mantilla Rueda, mayor of Floridablanca, a Colombian municipality in the department of Santander, filed a complaint for libel and slander against cartoonist Diego García and the newspaper "Vanguardia Liberal" for this cartoon of 11 May 2017.

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2018 Colombia / "Matador" and newspaper El Tiempo

José Luis Reyes Villamizar, a lawyer who considers himself a supporter of the Centro Democrático, filed a complaint against the Colombian cartoonist Diego García and the newspaper "Vanguardia Liberal" for tutela against the Colombian cartoonist Julio César González, 'Matador'(FB - TW) and the newspaper El Tiempo for the cartoon published on 24 February 2018 'Duque, reflect', published on 24 February 2018.

According to Villamizarthe cartoon violates his rights to a good name, freedom of conscience and freedom of choice, as well as being considered offensive

Requests the judge to issue an order for both 'Matador' and the newspaper El Tiempo to publicly apologise.

On 22 March, the fourth circuit judge for the execution of sentences denied José Luis Reyes Villamizar's tutela against Matador. According to judge Hilda María Saffon, the cartoonist's creativity and wit should not be limited by those who do not share his opinion.

On 3 April 2018, the cartoonist denounced that he was receiving death threats and therefore stopped posting on his social networks.

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2018 Armenia / Marianna Grigoryan - Medialab

On 28 January 2018marianna Grigoryanthe journalist and editor of MediaLab, an EED-supported Armenian news portal that illustrates its reports on politics with satirical cartoons, received death threats against her and her family after publishing a joke featuring Armenian Defence Minister Vigen Sargsyan.

Police opened an investigation to find the perpetrator of the threats.

She and other workers of the publication had received threats and intimidation before.

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2017 India / G. Bala

The Indian cartoonist G. Bala (Bombay, 1980) was arrested on 5 November in Tamil Nadu for a cartoon that the authorities considered obscene and defamatory.

The G. Bala image depicted Chief Minister Edappadi K. Palaniswami along with two other members of the Tirunelveli district police and administration naked and covering their privates with a wad of currency notes while a child dies, or is dead, still smouldering at their feet.

The cartoon alludes to an event on 23 October when all four members of a family died after being doused with paraffin by their father and burnt in front of an official building in protest against loan sharks. The family alleged police inaction to prevent threats and harassment by moneylenders.

G.Bala was arrested under Section 67 of the Information Technology Act, which punishes "publication or transmission of obscene material in electronic form" and Section 501 of the Indian Penal Code: "printing or recording of material deemed defamatory".

The Press Club of Chennai announced a demonstration in the state capital on Monday 6 November in protest against the arrest of the cartoonist.

24 hours later, G.Bala was released on bail.

His first words after his release were that he will continue to draw cartoons and point out the mistakes of the government.

Weeks later, the police filed a FIR (Final Inspection Report) a formality to initiate legal proceedings against the cartoonist and two journalists responsible for the 6 November protest Press Club of Chennai for the protest on 6 November in which large reproductions of the G. Bala cartoon were hung on its façade.(Info)

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2017 Spain / El Jueves

Five national police unions, CEP, SUP, UFP, SPP and ASP NP, filed a complaint for libel against the magazine El Jueves for the satirical cartoon entitled "La continua presencia de G. Bala" ("The continued presence of G. Bala") this article satirical article entitled "La continua presencia de antidisturbios acaba con las reservas de cocaína en Cataluña" ("The continued presence of anti-riot forces wipes out cocaine stocks in Catalonia")

The magazine's editor, Guillermo Martínez-Vela was summoned as an investigator by the head of the 20th examining magistrate's court in Barcelona for Wednesday, 8 November, for preliminary proceedings for the crime of libel. Related cartoon.

After questioning the director, the judge charges, also for slander, the author of the text and deputy director of "El Jueves, Joan Ferrús. Both are under investigation for slander.

26/11/2017 The State joins the case against "El Jueves"

In May 2018, the 20th examining court of Barcelona concludes that "El Jueves" may have committed an alleged offence of libel, and gives notice to the parties so that they can legally qualify the facts and request the opening of an oral trial.

November 2018, the prosecutor asks to close the case against "El Jueves" because the article on cocaine and riot police on 1-O was "pure fiction".

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2017 Spain / El Jueves

In May 2017, the Union of Officers (UO) of the Civil Guard denounced the former lieutenant of the Army Luis Gonzalo Segura for"seriously and publicly insulting the Institution of the Civil Guard" in a text that accompanied a cartoon of Juan José Cuerda published on10 May 2017 in the magazine El Jueves under the title "Rompan filas". (Ver page)

On 14 March 2018, Barcelona's 27th examining court dismissed the complaint against the publisher of the magazine El Jueves, RBA Holding.

The ruling makes "incisive reference" to the 13 March ruling of the ECHR which "further broadens the consideration of freedom of expression when it is framed in a context of political denunciation".

The judge considers that the article should be understood in "the context of social denunciation and therefore, framed within the constitutional rights of freedom of expression and information".

However, he invokes a judgment of the Audiencia Nacional to conclude that "it is not the expression psychopath or fascist that determines the conviction for the crime of slander and libel against state institutions, but rather that of murderers, thieves, etc.".

The judge concludes: "Therefore, neither does the expression psychopaths and fascists framed in the social denunciation, in the author's opinion, constitute a crime of slander"

April 2018. The Public Prosecutor's Office appeals the dismissal of the complaint.

May 2018. In an order dated 9 April, the magistrate the appeal is dismissed alleging that the Prosecutor's Office does not provide "further argumentation" or "other resolutions that establish different considerations and that deserve" to be resolved by the judging body.

June 2019. The Barcelona High Court ratifies the decision of the examining magistrate to file the complaint.

2017 Jordan / Emad Hajjaj

Jordanian cartoonist Emad Hajjaj is under investigation for insulting religion for a cartoon that was published (capture) on Sunday 29 October 2017 on abumahjoobnews.com and has since been taken down.

The cartoon angered both Christians and Muslims.

According to Mahmoud Quteishat, the cartoonist's lawyer, the prosecutor heard testimony from the cartoonist and the person who filed the complaint. The prosecutor, who did not order the cartoonist's arrest, will now hear other witnesses and decide whether to take the matter to court.

If he is finally charged with insulting religion, provoking sectarian conflicts and found guilty, he could be sentenced to three years in prison.

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