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Around the world, people are being arrested for publishing ‘false news’ about the pandemic, but human rights organizations have expressed concern about threats to individual freedoms.
American Michael Lane Brandin knew that his Facebook post would cause a stir. What he didn’t imagine was that he would be arrested, lose his job, and face an expensive lawsuit that can keep him behind bars.
It was a monotonous afternoon in March and the debate on how to deal with the possible covid-19 outbreak was everywhere on his timeline.
So he decided, in his words, “to do a social experiment.”
Michael reported that he had been diagnosed with the coronavirus and that doctors had said that the virus was transmitted through the air.
On Facebook, her report was met with a mixture of empathy and shock.
“The post generated a lot of reactions and many friends sent me a message to ask me if I was okay, so I told them it was all a lie,” he says.
But what was happening offline was much more serious.
The rumor began to spread rapidly through Tyler County, Texas, where Michael lived.
This was days before any measure of social isolation was enacted. Callers to the hospital incessantly ask if the news is true and what they can do to protect themselves from the “invisible killer.”
Warrant
Police contacted Michael and told him to change his post to make it clear that he was doing a social experiment, which he did quickly.
However, the rumor had already turned into a snowball. And the following Facebook post ended up coming from the police station. “Following an official complaint from the district criminal attorney, County Judge Jacques Blanchett issued an arrest warrant against Brandin for the crime of false alarm, a class A misdemeanor.”
Brandin gave himself up. His bond was set at $ 1,000 (approximately $ 5,400).
“They said I had to spend the night in prison because I had to wait for the judge to arrive the next day. I was dying of anxiety,” says Brandin.
In a statement sent to the public, the police station said its action was prompted by “growing concern about the coronavirus in the United States and the issuance of emergency / disaster statements by President (Donald) Trump and Governor Abbott. (Greg Abbott, Governor of Texas) “.
Brandin is now back home waiting for a trial date. Despite the seriousness of his situation, he says he still has mixed feelings about whether or not he regrets writing the post.
“I have a BA in mass communication and I did it to demonstrate how easy it is for someone to post something online and cause panic. I wanted to demonstrate that it is important for people to be well informed and do their own research before believing everything they read or listen. ” “
“But due to a Facebook post, I lost my job, my health insurance, and was unable to start my master’s program on time due to lack of money. This created a financial burden for my entire family, because everyone is trying to help me. to pay my bills. “
“Despite all the bad that happened, I feel like my argument has been proven and it makes me feel good.”
Fake news
The United States is not the only place where spreading false information on social media about the virus can lead to prison.
Arrests are reported for spreading so-called false news in India, Morocco, Thailand, Kenya, Cambodia, Somalia, Ethiopia, Singapore, Botswana, Russia and South Africa.
In some cases, rumors are spread maliciously. In others, human rights observers told the BBC that they are concerned that the extraordinary circumstances of the pandemic are giving authorities unprecedented powers to suppress disagreements or criticism.
Alai is on probation
Image: Robert Alai via BBC
In Kenya, Robert Alai is out on bail and could face a possible 10-year prison sentence for a tweet about the virus.
The 41-year-old man has spent three days in a narrow cell for a position in which he claimed to have heard of an outbreak at the local port of Mombasa.
According to authorities, the measure violated the 2018 Computer Misuse and Cybercrime Act.
Alai was arrested on a Friday and held in a cell over the weekend until a judge could see him. He claims that, during his detention, the measures of social detachment were not implemented until he himself drew attention to the matter.
“I slept on the concrete floor with many other prisoners. I did not get a mask or anything. I cannot be arrested for putting lives at risk and then staying like this during the pandemic. I complained and ended up separating myself from the rest of the prisoners.”
Alai is a well-known blogger who opposes the government, with more than 1 million followers on Twitter.
Alai was kept in a cell with other prisoners, with no social distance.
Image: Robert Alai via BBC
Police did not respond to questions from the BBC, but posted details of a similar case on Twitter five days before his arrest.
The Kenya Directorate of Criminal Investigations said a man had been arrested in Mwingi “for publishing misleading and alarming information about the coronavirus … he will be accused of publishing false information that results in panic in violation of section 23 of the Law on Evil Use of the computer”.
Kenyan authorities have repeatedly called on the public to stop sharing false information and rumors.
The day before Alai’s arrest, the country’s health minister, Mutahi Kagwe, said: “These rumors must stop … but since I know that empty appeals will not work, we will proceed and arrest several of them to demonstrate our point. “
Alai is convinced that the information received was true and that he did not violate the law, although the BBC was unable to independently verify his claim.
Alai has been arrested multiple times before for making controversial comments. He claims that the police are using the pandemic to harass government critics.
“Other bloggers were arrested for similar things and it seems to me that any coronavirus tweet or any other information on social media is now considered a serious crime. I am not saying that they should not arrest people and I think it is very important that the police can do his job”. but I think they should focus on the right people. “
If convicted, Alai may have to pay a fine of 5 million Kenyan shillings (around R $ 250,000) or 10 years in prison.
Sikandar Cuttrack was also arrested for posting on Twitter
Image: Sikandar Cuttrack via BBC
More prisons
In India, Sikandar Cuttrack is also awaiting trial to question local authorities on Twitter.
“I tried to inform the police and the government about a suspected covid-19 patient,” he says.
“I made several tweets about it, but the police arrested me saying I panicked. I don’t think I made a mistake. I think the police took unnecessary action. The pandemic situation made the police more powerful.”
Cuttrack faces up to three years in prison. He is a political activist and believes that his arrest may be partially related to his opposition to the local government.
It is an allegation that the police deny. Odisha Police Commissioner says he is working to prevent the spread of panic caused by misinformation on social media.
The World Health Organization (WHO) has said there is an “infodemic” online and that there are high risks for authorities around the world trying to deal with fake pandemic news.
Threat to liberties
In a report last month, the NGO Human Rights Watch acknowledged that the pandemic crossed the threshold of being “a serious threat to public health and the public emergency,” which called for “justified restriction of some rights.”
However, the organization said it was concerned that police and governments would use the emergency powers stemming from the pandemic to silence freedom of expression.
According to Human Rights Watch, “in several countries, governments have not defended the right to freedom of expression, harassing journalists and health professionals.”
The report includes examples of when the suppression of information on social media hampered the fight against the coronavirus, such as in early January, when police summoned Chinese physician Li Wenliang for “spreading rumors” after warning of the new virus in Una online chat room.
He was finally released and died of covid-19 weeks later.
The balance between allowing freedom of expression on social media and protecting people from panic is something all countries face.
There is no doubt that this period of history will be studied for generations as the pandemic develops, both online and offline.
