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‘.
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.
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.
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.”
6/ You may think me naive, or things are too far gone. But I believe – fundamentally – that no problem is beyond solving, particularly where both sides contain good people who want things to be better not worse. But it will be difficult – the above is as minimum to succeed. /end
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.
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”
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 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.