Pupil Barrister

Tag: free expression (Page 6 of 12)

Was John Sargeant right to use the 'N-word' on the BBC?

John Sargeant’s performance on the BBC Newsnight Review show yesterday was bizarre. He managed to say the n-word twice during a discussion of Django Unchained, and later described parts of a TV programme as “American bullshit”.
Among those watching the show, some wondered whether the BBC would receive complaints. Others applauded Sargeant’s no-nonsense approach. I found his language tiresome.
Continue reading

Discussing Free Speech in Turkey in The Guardian

PEN Turkey at the Istanbul Prosecutor's Office

PEN Turkey at the Istanbul Prosecutor’s Office


I’m quoted in The Guardian today, discussing censorship in Turkey.

“This and other cases highlight the fact that Turkey has a free expression problem,” said English PEN spokesperson Robert Sharp. “When ill-advised laws are put in place, then those with an ideological agenda will seek to use them to censor words or writing they do not like. This is why we campaign against ‘insult laws’ all over the world – including the UK. Censorship does not begin with the state instantly imprisoning authors and burning books. It begins with individuals using bad laws as weapons against each other.”

I was commenting on the ridiculous news that the board members of PEN Turkey were hauled into the Istanbul Prosecutors Office, to be questioned as to whether they had “insulted Turkishness” by they called Turkey’s censorship laws ‘fascist’.  Thought-crime, essentially.  It is a huge irony that a complaint at ‘fascist developments’ should be met by the sinster act of summoning all the board members for questioning… an irony apparently lost on the authorities.

Counter-productive Hatchet Job at the Daily Mail

The Daily Mail have published a rather odd hatchet job on Gavin Freeguard, Harriet Harman’s culture advisor. Gavin formerly worked for the Media Standards Trust, who are part of the Hacked Off Campaign. This fact, and some year-old tweets from Freeguard where he (shock! horror!) criticises David Cameron allow Mail journalist Richard Pendlebury to paint Gavin as some kind of Manchurian spad.
We desperately need to hear strong arguments against state-regulation and ‘licensing’ of the press. Left-wingers love to loathe the Daily Mail, but it is a hugely influential newspaper with one of the most visted websites on the Internet. There is no better platform for the arguments against statutory regulation to be presented.
And yet, on the eve of the Leveson Inquiry report publication, there is nothing in today’s editorial on #Leveson. Instead, the Daily Mail editors choose to run a piece which appears to be little more than an ad hominem attack on someone who previously worked for the Media Standards Trust. The pro-regulation camp will spin this a more evidence that the press is unserious about the regulation debate, and more interested in attacking individuals in order to sell newspapers – precisely the sin that (the critics say) makes the case for regulation!
As someone who is very wary about the prospect of state regulation of the press, I find it very is frustrating that the newspaper that could be the most powerful voice for press freedom is pursuing such a short term agenda, squandering its platform, and undermining the case for press freedom at such a crucial moment.

Twitter Succumbs to Regulation

The news that Twitter is censoring content in Germany is a great big casserole of free speech and censorship issues. There are so many things to say that I almost don’t know where to start. Almost.
The first issue is over the German laws against holocaust denial and Nazism. These laws are not unique in Europe and should be seen in the context of the second world war. Europeans, and Germans in particular, are obviously very sensitive about the Nazi ideology and one can understand why such laws are in place. However, this does not make them right or sensible. It is all very well to suppress Nazi ideology, but what if the next threat to democracy comes from a left wing perspective? Communism, after all, is as lethal as Nazism.
Suppressing any speech, however abhorrent, only serves to send it underground. It is far better to have such speech out in the open where it can be countered. The great failure in Germany in the 1920s and 1930s was not that Hitler was allowed to put forward his views, but that not enough people challenged him. This is how evil flourishes – good people stand by and do nothing. Laws against Nazism and holocaust denial are sticking plasters. They do not tackle the root cause of such ideologies, or change minds. Continue reading

Nick Griffin and the Limits of Free Speech

BNP Chairman Nick Griffin MEP has just caused a bit of a Twitter storm by publishing the address of a gay couple who sued a Christian B&B couple who refused them board.
I spend a lot of time on this blog defending the right of bigots and racists to say horrible things, online and in person.  However, I think this superficially anodyne tweet might actually cross the line into territory I would not defend.
Why?  Well, first, there is an invasion of privacy.  Griffin is a public figure with a large Twitter following.  The couple in question have a reasonable expectation that their address will not be broadcast.
More importantly, the tweet could be considered inciting violence and harassment.  In a followup, Griffin said a ‘British Justice Team’ (whatever that is) should visit to give them ‘a bit of drama’.  If it were my address that had been published, I would feel harassed and terrorised and probably go and stay elsewhere for a few days.
This is the sort of ‘direct’ incitement I have spoken of previously when considering the boundaries of free speech. Continue reading

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