Pupil Barrister

Category: Elsewhere (Page 15 of 28)

Articles that were published somewhere else first.

Revenge porn: A law introduced to protect women is already being used to prosecute one

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

Discussing free speech and freedom of religion on TWR

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

Defending 'Black Watch' and free speech in the classroom

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

Twitter Asbos would squeeze freedom of expression without curbing anti-Semitic hatred

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

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