The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.
The case concerned Instrumental, a memoir by the classical pianist James Rhodes. The book includes graphic accounts of the sexual abuse that Rhodes suffered as a young boy, and how music helped him to overcome the mental health issues he suffered as a result. Rhodes ex-wife sought the injunction on behalf of their son, who as Aspergers Syndrome. She argued that, were their son to read the book, it would cause him significant psychological harm. Relying on 19th century case law, she argued that publication would be to knowingly cause this distress, for which her son would have an action in civil law.
The Court of Appeal had accepted this argument and put an injunction in place, even going so far as to provide a schedule of excerpts from the book that should be removed before publication would be allowed. But on Wednesday the Supreme Court ruled unanimously that this was an error. Continue reading James Rhodes wins at the Supreme Court
An article by yrstrly for Independent Voices, on unintended consequences with revenge porn laws. The issue of gender blind laws (and principles) is relevant to my earlier post about apparently misandrist, racist tweeting.
Last year, when campaigners pushed for a new law to prevent ‘revenge porn’, it was clear who they were hoping to protect: women.
Introducing the campaign to parliament in June last year, Maria Miller categorised the issue as a form of violence against women. All the case studies invoked by campaigners involved women being humiliated by their ex-partners, and MPs discussed the exposure of celebrities like Rhianna and Jennifer Lawrence. The charity Women’s Aid presented examples where women were forced into posing for photographs by abusive partners, saying that “perpetrators of domestic violence use revenge porn as a tool to control, humiliate, and traumatise their victims.”
It is surprising, then, to hear that one of the first prosecutions under the new law will be the ‘tabloid personality’ Josie Cunningham. A law introduced as a way of protecting women is already being used to prosecute a woman. Continue reading Revenge porn: A law introduced to protect women is already being used to prosecute one
Charlie Hebdo is not a racist publication. But even if it was, its stand against fundamentalist religion took courage and should be applauded.
Freedom of expression is being debated yet again, and this time my colleagues at the PEN American Center are in the middle of the discussion. Six of its members have withdrawn as ‘literary hosts’ from the annual fundraising gala, in protest at the decision to award Charlie Hebdo a ‘Freedom of Expression Courage’ award.
In the New York Times, Peter Carey, one of the boycotting authors, is quoted as saying:
“A hideous crime was committed, but was it a freedom-of-speech issue for PEN America to be self-righteous about?”
Salman Rushdie was also quoted in the New York Times piece, defending the award:
“If PEN as a free speech organization can’t defend and celebrate people who have been murdered for drawing pictures, then frankly the organization is not worth the name,” Mr. Rushdie said. “What I would say to both Peter and Michael and the others is, I hope nobody ever comes after them.”
Continue reading Round-up: Charlie Hebdo and the PEN Courage Award
Last month I was pleased to be invited by Trans World Radio, the Christian broadcaster, to take part in their TWR Today programme. I spoke to presenter Lauren Herd about free speech in the context of blasphemy, offence and freedom of religion.
During the discussion I tried to articulate something that has been bothering me about the debate we have been having about free speech, following the Charlie Hebdo massacre:
… So when even free speech campaigners are making the case for offence, I find those arguments frustrating because I feel that argument has been settled, in favour of free speech.
To be clear: I’m not knocking those campaigners who write think-pieces that defend the right to offend. I’ve published such pieces myself in the past few weeks, as have my colleagues at English PEN. Rather, my frustration is over how much of the debate is still focussed on whether there is any legitimacy in censoring for reasons of religious offence. There is none.
Moreover, it is unfettered free speech that enables the freedom of religion. Lauren Herd gave a pithy and poetic summing up that I predict will become a staple of my rhetoric on this issue:
We may not like hearing attacks on what we believe, but it is that same freedom for one person to express, that allows us to profess what we believe.
You can listen to the show on the TWR website, on SoundCloud, or via the player below.
Continue reading Discussing free speech and freedom of religion on TWR
Last week the Kingdom of Saudi Arabia hit back at those who have been voicing their dismay at the hideous and inhuman sentence handed down to liberal blogger Raif Badawi.
The Kingdom cannot believe and strongly disapproves what has been addressed in some media outlets about the case of Citizen Rai’ef Mohammed Badowi and the judicial sentence he has received.
While we regret the aggressive attacks these media have leveled against the Kingdom and its Judiciary system, the Kingdom assures at the same time that it rejects in shape and form any interference in its internal affairs.
Blaming the ‘media’ is a well worn cliché that oppressive regimes like to deploy when seeking to play down their human rights abuses. In this case, however, it’s just flat out wrong. Yes, the media have reported on the Raif Badawi case and published scathing op-eds from the likes of yrstrly. But the bulk of the outcry has been on social media, where hundreds of thousands of people are voicing their distaste for Wahhabi justice.
There is also this:
… the Kingdom unequivocally rejects any aggression under the pretext of Human Rights; after all, the constitution of the Kingdom originates from the Islamic Sharia which enshrines one’s sacred rights to life, property, honor, and dignity.
The Kingdom of Saudi Arabia has been one of the first States to promote and support human rights and has on this regard respected all international conventions congruent with the Islamic Sharia.
This is just delusional. By no stretch of the imagination can flogging someone for peaceful political speech be considered a protection of “honour and dignity” or human rights.
Lest we forget, Article 5 of the Universal Declaration of Human Rights States:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In my essay for the Sunday Herald I made the case for the necessity of the swearing and offensive chatter that makes up much of the dialogue in Black Watch:
They are working class, inarticulate and insecure boys with no prospects other than the army. And when these men speak, they swear. It is integral to their vernacular. To sanitize their words would be to silence them.
Unfortunately the constraints of the page forbade me from elaborating on this point…. but luckily, I have a blog.
The swearing of the enlisted men is also important because of the contrast it presents with the officer class, and the politicians who have sent Scottish soldiers into harm’s way for centuries. The show has a marvellous musical number where Lord Elgin, in full highland dress and regalia, prances around the stage, beckoning the young men to sign-up: “hurrah, hurrah!” He speaks the Queen’s English, and he is as mendacious as they come (“did I mention it would be all over by Christmas” he says as he sends the soldiers off to Flanders in 1914). In this context, the Fifer accents of the soldiers are a necessity. Homogenising the language would be an act of class warfare.
To my mind, the final genius of Black Watch lies in the juxtaposition between the coarse language and the stunning physical theatre. One reason why Steven Hoggett’s choreography is so powerful is because the precise and often tender movements emerge from characters who have been f-ing and c-ing just moments before. The combination jars the audience and is compelling, and it is the rude words that tee-up this possibility.
A headteacher in Kirriemuir has caused controversy by banner her pupils from studying Black Watch, the National Theatre of Scotland production that I worked on in 2006. What with this history, couple with the free speech work I do for English PEN, this is perhaps the perfect issue for me to write on. Over the weekend, The Sunday Herald published my essay setting the issue in its context.
Free speech controversies are like solar flares. They burn hot and bright. Right now, it is Angus that is feeling the heat. Last week, the Sunday Herald reported that one headteacher in Kirriemuir had pulled Black Watch off the Highers syllabus because it is “offensive”. Parents are angry at the decision, and have demanded an explanation. Continue reading Defending ‘Black Watch’ and free speech in the classroom
A couple of weeks ago I gave an interview to journalism student Elizabeth Perlman about the work of English PEN and my approach to free speech. Elizabeth has uploaded an excerpt from the interview to the Hack Freedom website. Continue reading Gushing about PEN and free speech to Hack Freedom
The year 2015 has begun with a great deal of debate about free speech. The fanatics who murdered the Charlie Hebdo cartoonists saw to that—their sympathisers in Copenhagen have kept the fire burning.
The discussion has largely been about what one can say about your ideological opponents. Is it Okay to blaspheme? What are the limits to giving offence? When does criticism of one group or another slide into hate speech and incitement. In these examples we usually debate whether the law can interfere with our speech.
It’s worth noting that other kinds of free speech dilemmas exist. An important example of this is on show in Peter Oborne’s seething explanation for why he resigned from the Daily Telegraph.
Continue reading Free speech is the courage to burn bridges
First published in the International Business Times.
Last week, the Community Security Trust, a charity that records attacks and harassment against Jews living in the UK, recorded 1,168 anti-Semitic incidents in 2014 — double the figure reported in the previous year.
On Monday, a group of British MPs published a report noting that whenever there is heightened conflict in the Middle-East, the rate of crime against Jews in the UK increases. The All-Party Parliamentary Group Against Antisemitism (APPGAA) also noted that the problem “continues to emanate from Islamist extremists, far-left and far-right groups” and made a number of recommendations to government, the police and the media to combat the issue.
The APPGAA report singles out social media as “a breeding ground for serious discriminatory and racist content” and recommends that the Crown Prosecution Service explores the use of prevention orders in cases where someone has been prosecuted for cyber-hate. Offenders would have their devices confiscated and be banned from using social media. The newspapers have labelled this idea ‘Twitter ASBOs’. Continue reading Twitter Asbos would squeeze freedom of expression without curbing anti-Semitic hatred