I was at the UK Supreme Court yesterday to hear the judgment in Lachaux v. Independent Print Ltd and another. It was a significant challenge to section 1 of the Defamation Act 2013, which long-term readers of this blog will recall was the (successful) end result of English PEN’s Libel Reform Campaign. Section 1 of the law introduced a test of ‘serious harm’ before a claimant could sue. It was designed to expand the space for free speech by weeding out trivial claims.
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
In debates about reproductive rights, a crucial concept is over ‘when life begins’ and when a complex collection of human cells starts to have a moral claim. Some people say this must be the ‘moment of conception’. Others talk about ‘viability’, when certain senses come online; or they talk about the moment of birth. For a long time now, I have been meaning to write a post about the ‘free speech moment’, after which we have a moral duty to defend the right to freedom of expression, even if we find the speaker or their statements odious. During a free speech controversy, asking oneself when that moment might be is a useful exercise, which helps to clarify what one thinks. The Free Speech Moment I refer to might be the point of publication. Or in other contexts: The clicking on the ‘tweet’ button; The curtain up; the the exhibitionopening; The opening notes of the first song; the speaker clearing their throat. Alternatively, the Moment might also be the point of commission; the announcement of the new season of plays; the curatorial decisions; the booking of the venue; or the invitation. Continue reading “The Free Speech Moment and the Claudia Jones Lecture”
Before I mire myself in questions of when and whether to publish shocking images, I should—must—begin by writing about the fact of Aylan Kurdi’s drowning and the refugee crisis in general. If the central argument for publishing an image of a dead boy is that it ‘gets people discussing the issues’ then I think I have an obligation to do so, even if these thoughts have been stated earlier and more eloquently, elsewhere. Continue reading “On the ethics of publishing the photo of Aylan Kurdi”