Pupil Barrister

Tag: freedom of expression (Page 25 of 31)

Free speech is the courage to burn bridges

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

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

Quoted in the Independent, promoting cartoon book

Cartoon by Dave Brown

Cartoon by Dave Brown


Here’s a fantastic feature article by Gillian Orr in today’s Independent, detailing the brilliant Draw The Line Here project.  Yrstrly is quoted endorsing the book:

“It’s fantastic that these cartoonists are using their own right to free speech, to defend and advance the free speech of others,” says English PEN’s Robert Sharp.

Its a crowdfunded project.  Head over to the Crowdshed website to support English PEN ands the victims of the Charlie Hebdo massacre.

The #Sunifesto is confused about free speech

We’re 100 days out from the election, and the Sun has launched a manifesto – a #Sunifesto – for Britain.
Their last bullet point is about free speech. Incredibly, this is not about press regulation, the harmonisation of our libel laws, extremism ‘banning’ orders or police abuse of RIPA to track down whistleblowers. This is odd because The Sun is at the heart of all these issues.
Instead, it’s about the dangers of Twitter mobs.

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The paper complains about the police “wrongly” acting against those who have caused offence. “Unless it’s illegal, it’s NOT police business”.
The problem with this is that causing offence is illegal. Section 127 of the Communications Act 2003 expressly criminalises ‘grossly offensive’ messages. And of course, what constitutes gross offence is in the eye of the beholder. So the highly subjective test in the law enables and encourages abuse.
The Sun blames political correctness for this and implores us to #forgawsakegrowapair. But it’s not political correctness that causes the mischief here. The principle of free speech permits not only the right to offend, but the right to say that you have been offended, even on Twitter. For many people it takes courage to speak out and tell a powerful newspaper columnist that they’re being crass and prejudiced. For many, politically correct fury is indeed “growing a pair” (we’ll ignore the sexist overtones of that phrase for now).
Appallingly, people in the UK are given prison sentences for making tasteless comments online. The Sun claims to stand up for Free Speech, but (as is perhaps inevitable, given the name of the paper) it’s a fair weather friend. Where was the Sun when Robert Riley and Jake Newsome were jailed for unpleasant social media postings?
For social media, the free speech policy must be reform of s.127. Free speech cannot just be for the newspapers. It must be for the Tweeters, too.

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