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Censorship debate as POW pictures pulled   —Reuters
 
War pictures cause Yellowtimes.Org to be shut down, again
By Firas Al-Atraqchi — Mar. 24, 2003

Somebody doesn't like hearing the truth. Okay, for a second, lets scratch that and choose a slightly less politically charged term. Someone doesn't like to be disputed with alternative views, counterclaims, research and fact. Someone wants you, the reading public, to only gather one-sided, monotone, Orwellian dispatch. News the way they "fashion" it. Or as CNN will have you believe, the "most reliable source for news."

And so, once again, the staff at YellowTimes.org was threatened with a shutdown:

"We are sorry to notify you of suspending your account: Your account has been suspended because [of] inappropriate graphic material."

Within hours, the site was shut down.

What's next? Martial law?

An e-mail hours later was more explanatory: "As 'NO' TV station in the US is allowing any dead US solders or POWs to be displyed (sic) and we will not ether (sic)." Of course, at the time of this e-mail, TV stations across the U.S. were allowing the images of U.S. POWs to be brought to the public's attention.

These are most certainly difficult, perilous, and often confusing times. The world has been torn asunder by first the prospect of war, and now by the images of war fed live into our living rooms.

Today, Iraqi TV and Al-Jazeera, followed by Spanish National TV, Portugal's networks, and most European TV stations, aired footage of U.S. Marine fatalities in the southern town of Nasiriyah. A handful of terrified U.S. POWs were also shown. According to the Associated Press: "Anecita Hudson of Alamogordo said she saw her 23-year-old son, Army Spc. Joseph Hudson, who was stationed at Fort Bliss, Texas, interviewed in the Iraqi video, which was carried on a Filipino television station she subscribes to."

There was public outrage in the U.S., citing the Geneva Convention on treatment of Prisoners of War, which forbids the broadcast of any footage or graphic depiction of POWs. True, the Geneva Convention does indeed include that provision.

However, the outrage follows on the heels of extensive, and I repeat, extensive footage of Iraqi POWs, sometimes with cameras panning in for extreme close-ups of blank-staring Iraqi soldiers, disheveled and fatigued as they were.

CNN grilled an Al-Jazeera spokesperson on the (de)merits of airing such footage today. When asked by the Al-Jazeera spokesperson why it was allowed for U.S. stations to broadcast footage of Iraqi POWs, CNN's Aaron Brown said, "because their families wouldn't be watching".

Not true. CNN is broadcast around the world and is available to Iraqis. There are millions of Iraqis living outside Iraq who may recognize an Iraqi POW as a family member.

Not withstanding, to say "their families wouldn't be watching" is not an excuse. If it is a violation on the Iraqi side, then surely, it is as well on the U.S. side.

(Monday's front page of the Washington Post has a picture of an Iraqi POW being handled by U.S. troops.)

CNN, however, is accused of not airing any footage of Iraqi dead or Iraqi civilian casualties, although this is a necessary image of war. War is horrific and to portray it otherwise speaks of corporate agenda.

Nevertheless, I was tongue-tied at the MSNBC broadcast of a mother of one of the U.S. POWs as she shed tears for her son. It gripped me and moved me and I wanted to cry with her. I also wanted to cry for the parents of the Iraqi civilian child, the top part of his skull torn off; an innocent child caught in a war he did not understand.

So, here we have it, war affects us all. It affects Americans and Iraqis, as well as the rest of the world.

Here, at YellowTimes.org, we did not want these stories to go untold. We wanted to bring the horrors of war inflicted on all sides. We condemn killing, we condemn war, and we certainly condemn persecution and torture.

We also condemn the intentional absence of truth.

However, there are some who would prefer we did not publish and inform the public.

Consequently, as of this afternoon, March 24, 2003, we were shut down.

I do beg your pardon, no, we weren't shut down -- we were censored -- pure and simple.
Firas Al-Atraqchi can be contacted at: firas6544@rogers.com.

(To contact YellowTimes.org, they can be reached at their emergency e-mail address at: yellowtimes@hotmail.com)
 
This material is copyrighted by its original publisher, Yellow Times.

Comments from Unknown News:
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Here's a form letter email from Vortech Hosting, dba Matrix Reseller, the company which hosted, then unhosted YellowTimes.org:
I am sorry, we do not allow adult content whether it is newsworthy or not.

We don't censor web traffic, we simply don't allow adult content on our servers whether its porn or violent pictures. They are after all, OUR servers. When you get your own servers you can put whatever you want on them. Yellowtimes.org will surely find another host in a day or so.

Please feel free to read our TOS/AUP.
http://matrixreseller.com/tos/index.php
Well, since Vortech asked us to look at their terms of service, here's the pertinent part:
What does Vortech consider [prohibited] "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.

Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

Photos or videos showing graphic violence, death or dismemberment.

Photos or videos showing graphic violence or death.

Revenue-generating hyperlinks to sites who violate policy #1.
And here's the same section of the contract, as it appears in Google's cache, dated March 23, 2003 — the day before Yellow Times was removed:
What does Vortech consider [prohibited] "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.

Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

Revenue-generating hyperlinks to sites who violate policy #1.
It goes without saying that Vortech has the right to determine its own policies, and to change its policies. It's also obvious that the material Yellow Times published was not prohibited by the terms of the contract they signed.

Like any company, I'm sure the folks at Vortech would like to hear from their prospective customers. Vortech can be reached at support@vortechhosting.com.


Helen &Harry Highwater
Unknown News

After the above article was published, a representative of Vortech sent us an email, informing us that we had misspelled the name of their company (it's Vortech, not Vortex) and threatening Unknown News with a lawsuit.

The email demanded, under threat of civil action, that we remove the company's email address from this page immediately, and delete the above article within 24 hours. It also quoted a few excerpts from Vortech's terms of service — which, frankly, tend to bolster the company's position. In no uncertain terms, however, Vortech's representative demanded that we not publish her email, and that's a request we always honor.

So we'll simply print our reply:
Howdy,

Our apologies for misspelling the name of your company. We're embarrassed at our mistake and we'll correct this immediately.

If there's any other factual error in what we wrote, or if there's a different email address you'd prefer people use to contact your company, please let us know. Factual errors will be corrected lickety-split.

Our opinions, however, remain our opinions, and we have the right to state our opinions. America is wonderful that way.

It's also perfectly legal to quote brief excerpts from published material, such as your terms of service, and to publish a publicly-published email address, etc.

Asking us not to publish the email you sent means we won't publish it. Asking is all that's required, so adding that you'll sue if we do is simply silly.

We're not your enemy, and we're not out to get you. We've broken no law, committed no defamation, etc., so please abandon the legal threats.

When we publish a less-than-flattering opinion about any person or company, we are always willing to publish a response. (This is common decency, so it has nothing to do with lawyers or threats of lawyers.)

You are cordially invited to tell us why we're wrong and/or why you're comfortable with what Vortech has done. We will publish any serious rebuttal you're willing to send — and we will publish it verbatim (up to, say, two thousand words).

This offer in made in good faith and all sincerity. I sincerely hope you'll send a response for publication.

Cordially,

HH
In response, Vortech sent a press release on Thursday, March 27, telling the story from their perspective. We think it's only fair and informative to air their side of the story as well, so we urge you to read Vortech's response.

At Unknown News, we'll still stand by our original opinion, as presented above.
Vortech says their decision was not political; we will take them at their word, and presume that they would have reacted the same had the photos been of gruesome violence with no political connotations. Not being political, however, doesn't make it right.

Vortech's terms of service presumably give it the legal authority to decide what its customers will be allowed to publish and what they won't. The legal authority to pull the plug on Yellow Times, however, does not make it right.

We agree that these are "volatile times of war," but if that changes anything, it only makes freedom of expression that much more vitally important.

We understand that many people "would prefer not to see graphic depictions of dead/mutilated soldiers or children," and we recognize that the pictures in question are profoundly disturbing and offensive. So's war.

We believe that people who wish to view visual evidence of the violence funded by US tax dollars should not be prevented from seeing those images. Vortech has prevented people from seeing those images.

And four days later, Yellow Times remains off-line — silenced, so people won't be offended.
 
 

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