Digital platforms. Why the ACCC’s proposals for Google and Facebook matter big time

The Competition and Consumer Commission is worried about the ability of the platforms we use to determine the news we read.
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Sacha Molitorisz, University of Technology Sydney and Derek Wilding, University of Technology Sydney

The Australian Competition and Consumer Commission has released the preliminary report of its Digital Platforms Inquiry, and Google and Facebook won’t be happy.

Rather than adopting a gently-gently approach, the ACCC has produced draft recommendations that are extensive and dramatic.

If implemented, they would significantly affect the way the digital platforms make their money, and help direct the content we consume.

What’s more, the inquiry is touted as a world first. Its findings will be closely monitored, and perhaps even adopted, by regulators internationally.

Who should care?

The digital platforms themselves should (and do) care.

Any new regulations designed to foster competition or protect individual privacy (both are among the ACCC’s recommendations) have the potential to harm their revenues.

They’ve a lot to lose. In 2017, nearly A$8 billion was spent on online advertising in Australia, and more than half went to Google and Facebook (p3).

News organisations whose output is disseminated by those platforms should (and do) care too.

As the ACCC notes, more than half of the traffic on Australian news websites comes via Google and Facebook (p8).

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Increasingly, news producers depend on social media and search engines to connect with consumers. Google is used for 95% of searches (98% on mobile devices).

The rise of Google, Facebook and other digital platforms has been accompanied by unprecedented pressures on traditional news organisations.

Most obviously, classified advertising revenue has been unbundled from newspapers.

In 2001, classified advertising revenue stood at A$2 billion. By 2016, it had fallen to A$200 million. The future of newspapers’ ability to produce news is under a cloud, and digital platforms help control the weather.

Of course, advertisers care too.

But the stakeholders with the most to gain or lose are us, Australian citizens.

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Our lives are mediated by Google, Facebook, Apple, Amazon, Twitter and others as never before. Google answers our search queries; Facebook hosts friends’ baby snaps; YouTube (owned by Google) distributes professional and user-generated videos; Instagram (owned by Facebook) hosts our holiday snaps.

As the ACCC notes, they have given us tremendous benefits, for minimal (apparent) cost.

And they’ve done it at lightning speed. Google arrived in 1998, Facebook in 2004 and Twitter in 2006. They are mediating what comes before our eyes in ways we don’t understand and (because they keep their algorithms secret) in ways we can’t understand.

What does the ACCC recommend?

The ACCC’s preliminary recommendations are far-reaching and bold.

First, it suggests an independent review to address the inadequacy of current media regulatory frameworks.

This would be a separate, independent inquiry to “design a regulatory framework that is able to effectively and consistently regulate the conduct of all entities which perform comparable functions in the production and delivery of content in Australia, including news and journalistic content, whether they are publishers, broadcasters, other media businesses, or digital platforms”.

This is a commendable and urgent proposal. Last year, cross-media ownership laws were repealed as anachronistic in a digital age. To protect media diversity and plurality, the government needs to revisit the issue of regulatory frameworks.

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Second, it proposes privacy safeguards. Privacy in Australia is dangerously under-protected. Digital platforms such as Google and Facebook generate revenue by knowing their users and targeting advertising with an accuracy unseen in human history.

As the ACCC puts it, “the current regulatory framework, including privacy laws, does not effectively deter certain data practices that exploit the information asymmetries and the bargaining power imbalances that exist between digital platforms and consumers.”

It makes a number of specific preliminary recommendations, including creating a right to erasure and the requirement of “express, opt-in consent”.

It also supports the creation of a civil right to sue for serious invasions of privacy, as recommended by the Australian Law Reform Commission.

Australians lack the protections that Americans enjoy under the US Bill of Rights; we certainly lack the protection afforded under Europe’s sweeping new privacy law.

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It wants the penalties for breaches of our existing Privacy Act increased. It recommends the creation of a third-party certification scheme, which would enable the Office of the Australian Information Commissioner to give complying bodies a “privacy seal or mark”.

And it wants a new or existing organisation to monitor attempts by vertically-integrated platforms such as Google to favour their own businesses. This would happen where Google gives prominence in search results to products sold through Google platforms, or prominence to stories from organisations with which it has a commercial relationship.

The organisation would oversee platforms that generate more than A$100 million annually, and which disseminate news, or hyperlinks to news, or snippets of news.

It would investigate complaints and even initiate its own investigations in order to understand how digital platforms are disseminating news and journalistic content and advertising.

As it notes,

The algorithms operated by each of Google and Facebook, as well as other policies, determine which content is surfaced and displayed to consumers in news feed and search results. However, the operation of these algorithms and other policies determining the surfacing of content remain opaque. (p10)

It makes other recommendations, touching on areas including merger law, pre-installed browsers and search engines, takedown procedures for copyright-infringing content, implementing a code of practice for digital platforms and changing the parts of Australian consumer law that deal with unfair contract terms.

Apart from its preliminary recommendations, there are further areas on which it invites comment and suggestions.

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New data access bill shows we need to get serious about privacy with independent oversight of the law

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These include giving media organisations tax offsets for producing public interest news, and making subscribing to news publications tax deductible for consumers.

Platforms could be brought into a co-regulatory system for flagging content that is subject to quality control, creating their own quality mark. And a new ombudsman could deal with consumer complaints about scams, misleading advertising and the ranking of news content.

All of these recommendations and areas of interest will generate considerable debate.

What’s next?

The ACCC will accept submissions in response to its preliminary report until February 15.

At the Centre for Media Transition, we played a background role in one aspect of this inquiry.

Earlier this year, we were commissioned by the ACCC to prepare a report on the impact of digital platforms on news and journalistic content. It too was published on Monday.

Our findings overlap with the ACCC on some points, and diverge on others.

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Google and Facebook cosy up to media companies in response to the threat of regulation

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Many thorny questions remain, but one point is clear: the current regime that oversees digital platforms is woefully inadequate. Right now, as the ACCC notes, digital platforms are largely unregulated.

New ways of thinking are needed. A mix of old laws (or no laws) and new media spells trouble.

Sacha Molitorisz, Postdoctoral Research Fellow, Centre for Media Transition, Faculty of Law, University of Technology Sydney and Derek Wilding, Co-Director, Centre for Media Transition, University of Technology Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Australian Politics: 22 July 2013

The ALP has backed Kevin Rudd’s proposals for reform of the party. The link below is to an article reporting on the ALP’s decision to reform the party.

For more visit:
http://www.theaustralian.com.au/national-affairs/labor-caucus-backs-rudds-party-rule-changes/story-fn59niix-1226683134791

Church of England moves towards ordaining women

Over the weekend, the Church of England introduced draft legislation putting the country’s Anglican communion on the fast track to allowing women’s ordination, reports Catholic News Agency.

On Saturday, May 8, the Church of England’s revision committee published a 142-page review in favor of draft proposals that support women being consecrated as bishops and priests.

According to Reuters, the church’s revision committee also proposed safeguards for more traditional parishes who have expressed opposition to ordaining women, including the right to request that a male bishop perform blessings and ordinations. However, the committee proposals did not meet the requests by these parishes for new dioceses or a special class of bishops.

“After much discussion the Committee rejected proposals aimed at fundamentally changing the approach of the legislation for those unable to receive the ministry of female bishops,” wrote Church of England officials in a statement Monday.

The draft proposals will now go forward for debate at the Church’s General Synod, in July in York, Northern England. If passed, the Church of England will hold the same position on female ordination as the Anglican Communion in the United States and New Zealand.

Monday’s statement also clarified that the “earliest that the legislation could achieve final approval in Synod (when two-thirds majorities in each of the Houses of Bishops, Clergy and Laity will be required) is 2012, following which parliamentary approval and the Royal Assent would be needed.”

The statement added that “2014 remains the earliest realistic date when the first women might be consecrated as bishops.”

This move is likely to increase interest among traditionalist Anglicans in the Pope’s recent invitation for Church of England members to become Catholic. Last November, the Holy Father released “Anglicanorum coetibus,” a motu propio which offered Vatican guidelines for Anglican groups to enter into communion with the Catholic Church.

The Sunday Telegraph in Britain reported on May 2 that several Anglican bishops recently met with Vatican officials to discuss the process of converting to Catholicism.

Despite the Archbishop of Canterbury Rowan Williams reportedly urging them not to leave the Church of England, several bishops are looking to break from the Anglican Communion over their opposition to the introduction of women bishops and priests.

According to the British paper, Bishops John Broadhurst, Keith Newton and Andrew Burnham, from the Dioceses of Fulham, Richborough and Ebbsfleet respectively, all met with senior Vatican officials last week.

Report from the Christian Telegraph 

IRAN: MANDATORY DEATH PENALTY FOR ‘APOSTATES’ SCRAPPED

Proposed amendment reportedly shot down after international outcry.

LOS ANGELES, June 29 (Compass Direct News) – A member of Iran’s Parliament reportedly revealed last week that the country’s Parliamentary Committee has stricken the mandatory death penalty for those who leave Islam from proposals for an amended penal code.

Citing a BBC Persian news service report on Tuesday (June 23), United Kingdom-based Christian Solidarity Worldwide (CSW) announced on Friday (June 26) that a member of Iran’s Legal and Judicial Committee of Parliament, Ali Shahrokhi, had told the Iranian state news agency (IRNA) of the decision to eliminate the mandatory death penalty amendment, which had drawn international protests.

The Parliamentary Committee had come under intense international pressure to drop clauses from the Islamic Penal Code Bill that allowed stoning and made death the mandatory punishment for apostates.

The new penal code was originally approved in September 2008 by a preliminary parliamentary vote of 196-7.

In Friday’s statement, CSW said that the bill must now pass through a final parliamentary vote before being sent to Iran’s most influential body, the Guardian Council, which will rule on it.

The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by Parliament. This body has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

The Christian and Baha’i communities of Iran are most likely to be affected by this decision. Iran has been criticized for its treatment of Baha’is, Zoroastrians and Christians, who have all suffered under the current regime.

Joseph Grieboski, president of the Institute on Religion and Public Policy, said the timing of the announcement of the decision during protests over contested elections might not be coincidental.

“Were the regime to maintain [Iranian President Mahmoud] Ahmadinejad’s presidency then pass and enforce a restrictive penal code, the international pressure on Iran would be unbearable for the regime,” said Grieboski. “I do not consider it a sign of opening up. Instead, I see it as a sign of self-preservation.”

Security Backlash

Huge protests over the election results demonstrated considerable opposition to the Iranian government’s heavy-handed tactics, and although the official churches have taken no official stance, many Christians have supported the opposition, according to sources connected to social networking sites.

In the face of the massive protests, a spokesman for the foreign ministry, Hassan Qashqavi, released a statement condemning Western involvement in Iranian affairs and accusing the BBC and Voice of America networks of spreading “anarchy and vandalism.”

This passing of blame bodes ill for minorities in the country, including Christians, whom the Iranian government sees as pawns of the West; they could expect even harsher treatment in a feared post-election clamp-down.

“Since minorities, especially Baha’is and Christians, are often seen as fronts for the West, we can expect that they will feel the greatest backlash by the regime during the protests, and I would argue an even worse crackdown on them if Ahmadinejad and [Supreme Leader Ayatollah Ali] Khamenei come out of this,” said Grieboski.

An Iranian Christian who requested anonymity told Compass that both Christians and Iranians as a whole were tired of the dictatorial regime and asked for prayers for relief.

“The people are really tired, they have no hope, mentally, financially, spiritually, it is really difficult to live in Iran,” the source said. “You can’t have a private life, you can’t make a decision about what you believe, women can’t even decide what to wear. We just pray for the whole nation.”

The Iranian source was reticent to predict how the government might react to Christians following the elections but said that if there were a reaction, they could be among the first victims.

“So what the reaction of the government will be we can’t be 100 percent sure,” the source said, “but they could have a very radical reaction.”

Iranian Christians Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, who were arrested on March 5 for their Christian activities, are still held in the notorious Evin Prison. The facility has drawn criticism for its human rights violations and executions in recent years.

Compass has learned that the women have been placed in solitary confinement.

Report from Compass Direct News

AZERBAIJAN: WILL REVISED RELIGION LAW BAN UNREGISTERED WORSHIP?

Azerbaijan is apparently rushing restrictive amendments to its Religion Law through parliament, Forum 18 News Service has learnt.

“Only the parliamentary deputies have the text, and it will only be published after its adoption,” a parliamentary aide told Forum 18. The amendments – which reportedly include a ban on unregistered religious activity – have not been made public, and the full parliament is due to begin consideration of them on Friday 8 May.

The refusal to make the text public denies the opportunity for public discussion of the proposals, complains Eldar Zeynalov of the Human Rights Centre of Azerbaijan. “Everything prepared in top secrecy is bad for human rights,” he told Forum 18.

Parliamentary Deputy Rabiyyat Aslanova, who chairs one of two committees which prepared the draft, told Forum 18 that state registration will be compulsory, but claimed that: “No one will be punished for practicing without registration, as long as they don’t preach against the national interest or denigrate the dignity of others.” She declined to discuss what this means, and confirmed that religious communities will have to re-register. Religious communities – especially of minority faiths – have struggled to re-register after previous changes.

Report from the Christian Telegraph

LUTHERANS MIGHT ALLOW PASTORS TO BE IN HOMOSEXUAL RELATIONSHIPS

The Evangelical Lutheran Church in America released proposals Thursday, Feb. 19, that seek to change Christian teaching on homosexuality and would permit pastors to be in same-sex sexual relationships, reports LifeSiteNews.com.

In response, leaders of Lutheran CORE (Coalition for Reform) announced Thursday that they will work to defeat the proposals that ask the ELCA to depart from biblical teaching on sexuality.

Lutheran CORE is a coalition of pastors, lay people, congregations and reforming groups that seeks to preserve the authority of the Bible in the ELCA.

“These recommendations mark a significant departure from the church’s commitment to Scripture as the source and norm of its faith and life,” said the Rev. Paull Spring of State College, Pa., chair of the Lutheran CORE Steering Committee.

“The proposal for change in standards for clergy departs from the clear teaching of Scripture,” said Spring, the retired bishop of the Northwestern Pennsylvania Synod.

Responses to a 2004 study on homosexuality showed that a significant majority of ELCA members (57 percent) opposed change to accepted Christian teaching on homosexual behavior. Only 22 percent of ELCA members favored change in church teaching to allow for the blessing of same-sex unions or the ordination of practicing homosexuals.

Report from the Christian Telegraph

CENTRAL INTERIOR ASSEMBLY SAYS ‘YES’ TO SAME-SEX BLESSINGS

The assembly of the Anglican Parishes of the Central Interior (APCI) has requested its bishop, Gordon Light, to allow clergy whose conscience permits to bless civilly-married gay couples where at least one party is baptized. The assembly passed the motion when it met Oct. 17 to 19, reports Anglican Journal.

A notice of a similar motion was filed at the synod of the diocese of Ontario but was declared out of order by the diocesan bishop, George Bruce, who acted on the advice of the diocesan chancellor (legal advisor). The ruling was appealed at the synod held Oct. 16 to 18 but was upheld by a majority vote of delegates.

At the APCI assembly, Bishop Light gave concurrence to the motion but suspended any action pending consultations with the Canadian house of bishops, which meets Oct. 27 to 31 to discuss, among others, how best to respond to renewed proposals for moratoria on the blessing of same-sex unions, the ordination of persons living in same-sex unions to the episcopate, and cross-border interventions.

Since the 2007 General Synod four dioceses have already passed similar motions – Ottawa, Montreal, Niagara, and Huron. The diocesan synod of New Westminster approved same-sex blessings in 2002.

Of the 50 clergy and lay delegates at the APCI assembly, 36 voted yes (72 per cent), 10 voted no (20 per cent), and four (8 per cent) abstained. APCI is composed of 18 parishes (including 35 congregations) which was constituted after the former diocese of Cariboo closed its diocesan office in 2001 because of financial pressures surrounding lawsuits about abuse at the St. George’s Indian Residential School in Lytton, B.C.

“We had a very respectful discussion. All voices were heard,” said Rev. Susan Hermanson, rector of St. Peter’s Anglican church in Williams Lake, who moved the motion. She said that approval of the motion “allows us to accept gays and lesbians fully as part of our family and, as in all families, we can disagree with one another and still be part of the family.”

In a telephone interview, she added that the motion was also meant to “take a reading” of where APCI was on the issue. She noted that in 2000, the diocesan synod of Cariboo had approved a motion affirming the full inclusion of gay and lesbian couples in the life of the church. Since then, parishes have been discussing and studying the issue further, she said. “We have, in fact, been discussing this issue for the last 30 years now,” she said.

In her written background and explanation, Ms. Hermanson noted that APCI “is a diverse community and therefore respects and honours those who, because of their theological position or as a matter of conscience, cannot agree with the blessing of same-sex unions.”

Anglicans opposed to same-sex blessings believe that homosexuality is contrary to scripture and to Anglican teaching. To date, 14 of about 2,800 congregations have left the Canadian Anglican church over theological disagreements over homosexuality. These churches have joined a group called the Anglican Network in Canada (ANiC) and placed themselves under the episcopal oversight of the primate of the Southern Cone, Archbishop Gregory Venables.

Report from the Christian Telegraph

BAPTIST PASTOR STILL MISSING AFTER TIJUANA KIDNAPPING

More than a week has passed since San Diego pastor Manuel Jesus Tec was kidnapped Oct. 21 in Tijuana, and his family still has not talked with or heard from him, reports Baptist Press.

Originally, the kidnappers demanded a $1-million ransom for Tec’s release, but in two calls Monday night, Oct. 27, the kidnappers lowered that figure to $500,000 and subsequently to $200,000.

“Last night, we also heard a recording of his voice saying he was OK, and he asked us to do all that the kidnappers told us to do because his life was at risk,” Tec’s 30-year-old son Johnny said Oct. 28.

“We are totally hopeful and faith-filled,” Johnny Tec said. “Mom is holding up pretty good. We’ve been having prayer meetings every night here at the house. We give credit to the prayers of so many people out there. We’re hearing from places all over the world where people are praying for us. I don’t know how they found out, but we’re hearing from people all over the U.S. and Mexico, from Japan, the Philippines and even Africa.

“Only God can give us joy in the middle of a storm like this,” Tec said. “But that’s what we’ve been experiencing — the comfort of God and the hope that He will bring our dad back soon.”

Pastor Manuel Tec, 59, was kidnapped after crossing the border from San Diego into Tijuana with wife Maria and his younger son Giovanni. Gunmen stopped the car around 5 a.m. and forcibly abducted Tec, but left his wife and son free and unhurt.

The kidnappers contacted the Tec family for the fourth time Sunday night, Oct. 26, “trying to be intimidating,” Johnny Tec said. He said the kidnappers have not allowed him or his mother to talk to Manuel since abducting him.

The Tecs first heard from the abductors on Oct. 21, the day of the kidnapping, when the kidnappers called the family three times — at 5:15 a.m., 11:45 a.m. and 3:30 p.m. to voice their demands.

“Every time they called, they got more aggressive and more graphic in their threats,” said Tec, adding that the family is in the dark as to why his father was targeted for kidnapping.

“He wasn’t famous so we don’t know why anyone would want to kidnap him. He was friendly, well-liked and popular with his church members and those who knew him. But we don’t know why someone would want to kidnap him for money, especially $1 million.”

Tec added that the kidnappers have instructed the family, “Keep cooperating with us and your dad will be OK.”

“They said to come up with the money -– that this wasn’t a game. They’ve also said they know all of the Tec brothers and sisters and would go after the entire family,” Johnny said.

Manuel and his wife have three sons and two daughters. Though he lives in Tijuana, the pastor travels regularly to his new church plant in San Diego, Iglesia Familiar y Vida. A graduate of the Dr. G.H. Lacy Baptist Seminary in Oaxaca, Mexico, Manuel has pastored numerous Baptist churches south of the border since 1981, his son Johnny said.

“We just say ‘gracias’ to Southern Baptists everywhere for praying during this crisis we’re going through,” Johnny Tec said. “Let Baptists know that their prayers are being heard. We can feel how God has strengthened us. We think God is setting the stage for one more of His miracles that will leave us all in awe. Something grand is going to come out of this to show the world the power of prayer and God.”

Tijuana increasingly has become known as a dangerous border town, with a growing number of kidnappings and murders — often with doctors and other white-collar professionals as targets. The escalating violence is blamed on gangs and drug traffickers. Authorities recently rounded up some of the kidnapping gangs.

“It’s getting worse,” Johnny Tec said. “A lot of people are fleeing the city because the violence has skyrocketed over the past five years. Tijuana’s an unsafe place to be, with a lot of evil on the streets. Ten people a day are showing up dead on the streets of Tijuana.”

Tec said demanding a $1 million — or even a $200,000 ransom — for a Baptist minister makes no sense.

“The first ransom proposals down here seem to always be for $1 million, no matter who they pick out,” said Tec, adding that the latest ransom demand of $200,000 is still “well out of our possibilities.”

Tec said his family has “come to the crossroads,” however, where it may have to begin bargaining with the kidnappers.

Report from the Christian Telegraph

UNREGISTERED BAPTIST CHURCHES ARE PERSECUTED IN RUSSIA

Baptists in different parts of Russia have experienced state harassment in recent months, reports Forum 18 News Service.

This has included interrogation by the FSB security service, defamatory state television coverage, a warning for home worship and a fine for preaching in public. The congregations concerned all belong to the Baptist Council of Churches, whose communities do not register with state authorities.

In one example, two FSB security service officers in Kurgan Region separately questioned two Yurgamysh church members for four hours about internal church matters. Regional state TV later broadcast a program on the church called “Criminal News”. This made unsubstantiated allegations, such as that children from the church are “retarded, downtrodden, dress differently from other [school] pupils and often have to repeat the year,” and that church members live off illegal business.

The region’s parliament is to consider proposals “to protect citizens from religious sects” on 30 September. Proposals include compulsory notification of the existence of an unregistered religious group and compulsory registration for communities with ten or more members.

Report from the Christian Telegraph

PAKISTAN: PARTIAL VICTORY SEEN IN RULING ON KIDNAPPED GIRLS

With both minors saying they had converted to Islam, lawyers feared worse.

ISTANBUL, September 15 (Compass Direct News) – Christian human rights lawyers in Pakistan saw a partial legal victory in a judge’s ruling last week that one of two kidnapped girls be returned to her Christian parents. The judge further ruled that her sister be free to choose whether to go with the Muslim man who allegedly forced her to convert and marry him.

Justice Malik Saeed Ejaz ruled on Tuesday (Sept. 9) that 10-year-old Aneela Masih be returned to her parents – an unprecedented legal victory for Christian parents of a girl who supposedly converted to Islam, according to one lawyer – while leaving her sister, 13-year-old Saba Masih, free to choose whether to go with Amjad Ali, a Muslim man who married her after the June 26 kidnapping.

Saba Masih, whose birth certificate indicates that she is now 13 but who testified that she is 17, said she did not want to return to her parents and tried to keep her little sister from returning to them. Their Muslim captors have repeatedly threatened the two girls that their parents would harm them if they returned.

The older sister is not willing to meet with any of the family members or her parents, said Rashid Rehman of the Human Rights Commission of Pakistan.

“It’s normal behavior,” he told Compass. “She was tutored and brainwashed by the family of her husband Ali, and naturally they made up her mind that her parents will hurt her and treat her inhumanely. In fact that will never happen. Her family is really peaceful, and remained so peaceful the whole time the case was heard in high court.”

After more than three hours of heated legal arguments in the Multan branch of Lahore’s High Court, the judge deemed the oldest child sui juris – capable to handle her own affairs – based on her testimony that she is 17 years old and on a Lahore medical board’s ruling that she is between 15 and 17. The medical board may have been pressured to declare Saba Masih as an adult, according to the parents’ lawyers.

Conditions set in the ruling called for the parents not to “interfere” with Aneela Masih’s religious beliefs, that they be allowed to visit Saba Masih and that the groom’s family pay them 100,000 rupees (US$1,316) according to Pakistani marriage tradition.

Raised in a Christian family in the small town of Chowk Munda, the two girls were kidnapped on June 26 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba Masih was married to Ali the next day, and the kidnappers filed for custody of the girls on June 28 based on their alleged forced conversion to Islam.

Islamic jurisprudence and Pakistani law do not recognize the forced marriages of minors.

 

‘Pleased with Outcome’

“We are pleased with the outcome,” said Joseph Francis, head of the Center for Legal Aid Assistance and Settlement (CLAAS). He said, however, that the verdict was not complete without the return of Saba Masih to her family.

Francis and two other CLAAS lawyers were present at the Sept. 9 judgment despite repeated threats against their office over the course of the hearings.

CLAAS lawyer Akbar Durrani told Compass that it was the first time in his life that he had seen such a decision. “In my experience they have not given us the custody of minor girls even as young as 9 years old that have been declared Muslim,” said Durrani, who has been practicing law in Pakistan for 18 years. “It is a legal victory.”

As a minor, though, Aneela Masih’s previous declaration that she had converted from Christianity to Islam was not explicitly recognized. Calling the lawyers into his private chamber to present options before ruling, according to the parents’ lawyers, the judge said he would make no mention of the girls’ supposed conversion to Islam.

“This was a very favorable thing for us,” said Durrani. “He said, ‘I’m only going to decide the custody,’ so we decided this is acceptable to us.”

In his private chamber, the judge gave them different options, warning them that if they didn’t cooperate or accept his proposals he would make his own judgment. In the end he said he would hand the little girl to her mother and set the other free.

“Wherever she wants to go she can go,” the judge told the parties. “But if she wants to go with you she can go, and if she wants to go to her husband she can go.”

The girls, their mother and Ali were then invited into the judge’s chamber, where the judge announced the decision to them.

Durrani said that Aneela Masih went to her mother willingly, while her older sister gave a cry and tried to pull the 10-year-old back to her.

“The minor resisted for a fraction of a second to go to the mother,” Durrani said. “The little girl was under pressure; every time she was instructed by her elder sister not to talk to her mother.”

Her mother hugged her, and the lawyer said the little girl seemed very comfortable in her lap. There her mother tried to remove the veil from her daughter to look at her, but she resisted. Outside the courtroom, however, Aneela Masih removed the veil herself and later accepted food and drink. The girls had been fasting during Ramadan.

The lawyers said it was clear from the 10-year-old girl’s reactions that she was confused from the ordeal.

 

Supreme Court Question

Lawyers for the parents are weighing the options and feasibility of getting the oldest daughter back through the Supreme Court.

On Friday (Sept. 12), the girls’ uncle, Khalid Raheel, who has spearheaded the efforts to get them back, told CLAAS lawyers that Aneela was readjusting into her life at home. Raheel asked the family lawyers that they continue to try to get Saba back.

Rehman said he does not think the case would stand in the Supreme Court. “She willingly said, ‘I don’t want to go with my parents,’” he said.

Durrani and Francis, however, said they would continue to fight for her. “We’ll go to the Supreme Court for Saba,” said Francis.

“We will try getting the statement of Aneela and then will re-open the case,” said Durrani, adding that Aneela Masih had told her family, “Please get her back from that place.”

Rehman told Compass in a phone interview that Saba Masih’s statement that she is 17, her supposed embrace of Islam and her marriage by consent will make getting her back very difficult.

“She has admitted the marriage at the court and produced the marriage papers and has claimed that she’s over 16, so it was very difficult for us to prove our case that she’s a minor girl… because it is denied by Saba herself,” said Rehman.

He explained that the only way to secure the oldest daughter’s return to her family would be by proving she is a minor, something virtually impossible at this point because of her testimony. The court has refused to admit her birth certificate as evidence.

Saba Masih still refuses to communicate with her parents.

 

‘Frightened, Small Girl’

In court last week, both sisters sat in hijab dress fully veiled next to a policewoman from the Dar Ul Rahman women’s shelter, where the two girls had stayed since a July 29 hearing.

Their mother tried to talk to them and show them photos. Durrani said that Aneela Masih was responsive to her mother, but her older sister would pull her away, forbidding her from talking to her.

The judge had ruled that the girls stay at the shelter in order to think of their alleged conversion to Islam away from external pressures. Lawyers for the parents said that while in the shelter the girls were continually harassed and threatened that their family would not take them back.

Aneela Masih stated to the lawyers and her parents after the court decision that Ali’s family and their captors told them that everyone was Muslim – the lawyers, the judge, society – and that their parents could not take them back.

Knowing the attention the case of the two girls had attracted, Durrani said, the judge left the case till last. Yet the courtroom, he said, was full of “those who had kidnapped the girls, their supporters, the Islamic fanatics; all these were present in the court and interested in the hearing of the case.”

From the outset at last week’s hearing, the judge wanted to ask Aneela Masih questions about Islam to extract a statement on which he could rule on her custody. Durrani and colleague Justin Gill fought against the lawyer and the judge, arguing that as the 10-year-old was a minor, her statement on faith could not be valid and that she must be returned to her mother.

“We concentrated our efforts on Aneela, that at least we should have some relief to get her back and then we can fight in the Supreme Court if we wish to go for any other thing,” he said, referring to the older sister’s case.

The judge had decided to postpone the verdict till this Thursday (Sept. 18) and place the girls back in the Dar Ul Rahman shelter, where their mother could visit them for two hours every day. But the CLAAS lawyers said they feared waiting would only work against their case in the long run, making it more difficult to gain custody of the younger sister if both were exposed to more harassment and possible brainwashing.

“Even if she is a Muslim and has changed her religion, according to Islam a mother is the best custodian of the child,” Durrani said he and Gill argued.

Rehman said that Aneela Masih seemed frightened and, according to information he had obtained, the girl was afraid of her abductors and her own family even while in the shelter.

“She was a frightened, small girl,” he said. “They told her that if she returned to her parents she’d be treated unkindly.”

 

Threats, Car Chase

On Sept. 8, the day before the hearing, while traveling together from Lahore to Multan, the three lawyers for the Christian parents – Francis, Durrani and Gill – received threatening calls from the supporters of the girls’ kidnappers.

That night while, on their way back from dinner to a bishop’s house where they were staying in Multan, the CLAAS team was approached by armed men on motorcycles who threatened them, warning them to not go to the judgment hearing the next day.

“They said, ‘You should not be in court or you will be responsible for the consequences,’” said Durrani.

When nearby police saw the scene and approached, the armed men left the scene.

“We were afraid, but we knew we had to go,” Durrani said.

After the hearing, while traveling back to Lahore, Durrani said that Muslim fanatics chased them for about 100 kilometers (62 miles).

“Then we went to another city and got to the highway from another shortcut,” he said.

Durrani said the lawyers have many cases like this, causing them concern for their own safety.

“It is not the first time we get threats, but by the grace of God, and by the refuge of our Holy Ghost we are safe,” he said. “Every time we know the prayers of our church and other Christians are with us, which is why we are able to get the victory for our Lord.”

Report from Compass Direct News