My remarks at the UCL Institute for Advanced Studies round-table on ‘Lies and the Law’

Zola aux Outrages, Henry de Groux, 1898

Last week I posted a quote from Dr Alex Mills of University College London, on Facebook’s woefully inadequate Terms & Conditions that related to defamation. That was drawn from a panel discussion I participated in on 22 March 2018 hosted by UCL’s Institute of Advanced Studies, entitled ‘Defamation – A Roundtable on Lies and the Law‘.

Here again is the audio of the panel discussion, and for for completeness I have pasted my remarks below too. The other participants were by Dr Alex Mills (UCL Laws), Prof Rachael Mulheron (Queen Mary Law) and Dr Judith Townend (Sussex Law). The discussion was chaired by Harry Eccles-Williams, Associate at Mischon de Reya. Continue reading “My remarks at the UCL Institute for Advanced Studies round-table on ‘Lies and the Law’”

Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme

The propaganda website InfoWars has been banned from Facebook, the Apple iTunes podcasting platform, and Spotify. Most people have welcomed the fact that these technology companies have finally acted to enforce their own terms and conditions, though others (including, obviously, InfoWars itself) says that this is an infringement of free speech.

I was invited onto the BBC Victoria Derbyshire TV programme today to discuss the issue, alongside Karin Robinson from Democrats Abroad; and Neil Heslin, whose son was murdered at Sandy Hook Elementary School, and who has been taunted and harassed by the InfoWars website and its supporters. Continue reading “Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme”

Dr Alex Mills on Facebook T&Cs

Back in March, I participated in a round-table discussion hosted by the University College London’s Institute of Advanced Studies, on the subject of defamation. I will post my remarks at some point, but for now (primarily because of a media appearance I made today) I wanted to share a remark made by Dr Alex Mills about the state of Facebook Terms & Conditions.

What you have when you look at Facebook’s community standards is a defamation law that you would write on a postcard if you were trying to explain a sort of version of American defamation law to someone who wasn’t a lawyer.

Continue reading “Dr Alex Mills on Facebook T&Cs”

Do We Really Need To See A Person’s Face? Chatting to Vanessa Feltz about the Danish Niqab Ban

'Her Eyes' by Ranoush on Flickr. Creative Commons Licence.

Denmark have banned the burka and the niqab, because “we must be able to see each other and we must also be able to see each other’s facial expressions, it’s a value in Denmark”, according to Justice Minister Søren Pape Poulsen. That’s a strange sort of value: taken literally, it would presumably also mean a ban on motorcycle helmets and many kinds of carnival costumes.

We should call this out for what it is: an illiberal attempt to bait Muslims for electoral gain; and an attack on both freedom of expression and freedom of belief. This was my view when France enacted similar legislation in 2010, and in 2016 when some French municipalities tried to ban the ‘burkini’ on their beaches.

I find myself in the unusual position of agreeing with Boris Johnson on this issue. He wrote about it in his Sunday Telegraph column yesterday. Many people have criticised Johnson for likening the clothing (and the women who wear them) as ‘letterboxes’, which was indeed insulting and wrong. But I think the column as a whole is a classically liberal argument against harassing a minority. The veil might not be our choice, but its wrong to stop others from choosing it. I hate what you wear, but defend your right to wear it, as Voltaire or Tallentyre might have put it.

However, there is one piece of conventional wisdom on this issue that I think should be challenged. Johnson writes:

human beings must be able to see each other’s faces and read their expressions. It’s how we work.

Is it though? I suspect this ‘intuitive’ knowledge may not be as true as we think it is. A couple of years ago, when OFSTED said they would mark down schools where a veiled teacher hindered learning, a friend of mine wrote to me about her experience of being taught by a teacher thus attired:1

I went to a school in East London where five girls in my year group wore a full face veil. All five of them got awards for having the highest GCSE’s in our year.

My maths teacher had a full face veil and I was in her class from year 9 to 11. My maths grade improved from a failing U grade to me getting a C on the Higher Maths Paper. She was the best maths teacher I ever had. I learnt the most from her and improved my maths tremendously. My teacher before her was a man and he made me feel like I was really bad at maths.

It doesn’t matter if a teacher is veiled in my opinion. Even when they’re veiled the body language comes across. It really doesn’t matter at all.

See also the viral blog post by Thomas Mauchline, ’15 things I learnt about Islam and British values being a gay boy living opposite a mosque’:

You can do that look British people do to each other, when someone near by is making a scene, in a full face veil.

The eyes are the ‘windows to the soul’, apparently. So maybe its eye contact and one’s voice that are the real essentials for good communication, rather than facial expressions?

Earlier today I called the Vanessa Feltz breakfast show on BBC Radio London to make these points. The entire programme, with contributions from women who choose to wear the veil, is very interesting. My short twopenn’orth was at about 9:35AM, and you can listen to what I said via the player below or on SoundCloud.


1. Reproduced with permission, and lightly edited to remove names and places.

Anger, Contempt, and Constructive Disagreement

Free speech is supposed to be facilitate human progress. In its ideal form, it enables debate and causes us to iterate better political policies, better cultural outputs and a better society.

In reality, the marketplace of ideas, if it exists at all, is corrupt and monopolised by those with money and power.

One aspect of freedom of expression I think about a lot is the way in which disagreements happen. I’ve expressed dismay at how some free speech advocates seem remarkably uninterested in listening to other points of view, and only really care about their own right to offend. And I’ve noted how many spats seem to disintegrate into a competition over who can first reach a place of unassailable piety. Continue reading “Anger, Contempt, and Constructive Disagreement”

“I disapprove of what you say, but I will defend to the death your right to say it” – Voltaire, Tallentyre and Hall –

Government Minister Sam Gyimah begins an op-ed in The Times today thus:

I wholly disapprove with what you say, but I will defend to the death your right to say it”.

Voltaire’s famous words reflect my opinion on free speech. It is an essential part of a thriving democracy, a civil society and a fulfilling university experience.

Except Voltaire never wrote those words. They are a paraphrase, a summary, written by his biographer Evelyn Beatrice Hall, who wrote under the pen name Stephen G. Tallentyre.

The phrase appears in Friends of Voltaire and is in reference to Voltaire’s contemporary Claude Adrien Helvétius and his controversial book De l’Espirit (On The Mind), which had been declared heretical and burned.

On The Mind became not the success of the season, but one of the most famous books of the century. The men who had hated it and had not particularly loved Helvétius, flocked round him now. Voltaire forgave him all injuries, intentional or unintentional. ‘What a fuss about an omelette!’ he had exclaimed when he heard of the burning. How abominably unjust to persecute a man for such an airy trifle as that!I disapprove of what you say, but I will defend to the death your right to say it,’ was his attitude now. (Pages 198-199)

According to Wikiquote, the misattribution to Voltaire happened in the June 1934 edition of Readers Digest. In repsonse, Hall was quoted in Saturday Review (11 May 1935), saying:

I did not mean to imply that Voltaire used these words verbatim and should be surprised if they are found in any of his works. They are rather a paraphrase of Voltaire’s words in the Essay on Tolerance — “Think for yourselves and let others enjoy the privilege to do so too.”

“No Problem Is Beyond Solving”

Joseph Jefferson as Dr Pangloss, by John Singer Sargent (1890)
Joseph Jefferson as Dr Pangloss, by John Singer Sargent (1890)

In the past few weeks I’ve been having debates with good people whom I respect deeply about the limits of freedom of expression. When Britian First were banned by Facebook I suggested that the extremists in our society might be moderated and rehabilitated through dialogue.

When I have made this point, my friends have criticised me for being naiive. The bigots are irredeemable (they say) and the best strategy is therefore to cauterise their movement by silencing it wherever we can.

Continue reading ““No Problem Is Beyond Solving””

Rights and Responsibilities

Markus Meechan

A quick thought about the nature of ‘responsibility’.

In the Meechan case this week the judge at Airdrie Sheriff Court said:

In my view it is a reasonable conclusion that the video is grossly offensive. The description of the video as humorous is no magic wand. This court has taken the freedom of expression into consideration. But the right to freedom of expression also comes with responsibility.

On the Sky News debate programme The Pledge, presenter Nick Ferrari echoed this sentiment.

With the right to free speech comes a responsibility to use it wisely. This a sentiment I hear a lot and it seems sensible. Personally, I am not convinced it is the rhetorical silver bullet that most people think it is. I can think of examples where a speaker might actually think it very responsible to mock or to offend someone who they believe deserves it. And when journalists expose Official Secrets (as the Guardian did when publishing the testimony of Edward Snowden) there were plenty of people ready to call this kind of publication irresponsible. So ‘responsibility’ is in the eye of the beholder. Continue reading “Rights and Responsibilities”

Notes on the Nazi Pug Thing

The Nazi pug

In Airdrie, Scotland, a man named Markus Meechan has been convicted of posting a grossly offensive video on his ‘Count Dankula’ YouTube channel. He taught his girlfriend’s dog to give a Nazi salute in response to the phrase ‘gas the jews’.

It’s clearly a joke. In fact, he explains as much in the video itself:

Mah girlfriend is always ranting and raving about how cute her wee dug is, and so I thought that I would turn him into the least cutest thing that I can think of, which is a Nazi.

This is clearly in poor taste. However, making offensive jokes should not be a criminal offence. Continue reading “Notes on the Nazi Pug Thing”

Free Speech – Really Difficult

This blog may give the impression that I am certain in my views, especially about freedom of expression.

But that’s not the case. Especially about freedom of expression.

As Robert Sharp of English Pen told me – just when you think you’ve settled your mind on all the arguments surrounding free speech and censorship, along comes an argument to throw you completely off again.

That’s from a blog post by Ben Please of the Bookshop Band, who are doing a marvellous project on censorship with the V&A, which has just acquired the archives of Oz Magazine. I hope I can go to their event on 20/21 April.