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Posts Tagged ‘freedom of speech’

The diplomat, 47-year-old Rowan Laxton, allegedly shouted “f***ing Israelis, f***ing Jews” while watching television reports of the Israeli attack on Gaza last month.

He is also alleged to have said that Israeli soldiers should be “wiped off the face of the Earth” during the rant at the London Business School gym near Regents Park on January 27. […]

After a complaint from a member of the public, Mr Laxton was arrested for inciting religious hatred – which can carry a seven-year prison term – and bailed to reappear at a central London police station at the end of March.

Here’s the full report.

The wisdom of having a law directed against incitement of racial hatred is questionable; the particular application here borders on the absurd. Or perhaps I am merely arguing from a strictly American viewpoint — courts here have repeatedly ruled that “incitement” must always carry an element of imminence — which might not apply in the land of the Queen.

Anyway, the point is, a person would never be prosecuted for a racial tirade in the US. Reminds me that in many ways, the US still offers free-speech protection far superior to anywhere else. I should do some research on Switzerland law before I move there.

Also read: My short post comparing free-speech protections in some selected countries.

Update: I should add that the free speech protections in this country exist primarily because they are constitutionally granted. If the present public had its way, it would certainly get diluted, as it has in so many other places.

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(See updates below)

(This post, for legal reasons that will be obvious, is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License.)

Gaurav Sabnis writes about the unfortunate case of blogger Chetan Kunte, whose views about Barkha Dutt’s “unethical reporting” apparently caused NDTV to browbeat him into deleting the post and replacing it with an apology.

It does not take a PhD in reading between the lines to guess what happened. NDTV probably sent Kunte a legal notice, asking him to pull the post down, apologize, never write about them again, and pay an absurdly massive amount of money. Remember this legal notice from a few years back? Seems like NDTV might have used the same basic wording.

I don’t know if that is true. I do strongly suspect, however, that someone acted like a bully. Gaurav notes that Chetan’s post is available through Google Cache. Since I do not know how long it will stay there, I am going to cross-post the entire thing here. I am not violating Kunte’s copyright because his license terms (the same as this particular post) allow me to republish his writing with attribution. [Update: see below] I also believe that his entire post was basically a collection of opinions and not literal statements of fact; hence Kunte did not defame Barkha Dutt/NDTV by writing this post and I am not doing so by posting it here.

I urge all bloggers who feel similarly to do the same.

Appalling journalism. Absolute blasphemy! As I watch the news from home, I am dumbfounded to see Barkha Dutt of NDTV break every rule of ethical journalism in reporting the Mumbai mayhem. Take a couple of instances for example:

In one instance she asks a husband about his wife being stuck, or held as a hostage. The poor guy adds in the end about where she was last hiding. Aired! My dear friends with AK-47s, our national news is helping you. Go get those still in. And be sure to thank NDTV for not censoring this bit of information.

In another instance, a General sort of suggests that there were no hostages in Oberoi Trident. (Clever.) Then, our herione of revelations calls the head of Oberoi, and the idiot confirms a possibility of 100 or more people still in the building. Hello! Guys with guns, you’ve got more goats to slay. But before you do, you’ve got to love NDTV and more precisely Ms. Dutt. She’s your official intelligence from Ground zero.

You do not need to be a journalist to understand the basic premise of ethics, which starts with protecting victims first; and that is done by avoiding key information from being aired publicly—such as but not limited to revealing the number of possible people still in, the hideouts of hostages and people stuck in buildings.

Imagine you’re one of those sorry souls holed-up in one of those bathrooms, or kitchens. A journalist pulls your kin outside and asks about your last contact on national television, and other prying details. In a bout of emotion, if they happen to reveal more details, you are sure going to hell. Remember these are hotels, where in all likelihood, every room has a television. All a terrorist needs to do is listen to Ms. Barkha Dutt’s latest achievement of extracting information from your relative, based on your last phone-call or SMS. And you’re shafted—courtesy NDTV.1

If the terrorists don’t manage to shove you in to your private hell, the journalists on national television will certainly help you get there. One of the criticisms about Barkha Dutt on Wikipedia reads thus:

During the Kargil conflict, Indian Army sources repeatedly complained to her channel that she was giving away locations in her broadcasts, thus causing Indian casualties.

Looks like the idiot journalist has not learnt anything since then. I join a number of bloggers pleading her to shut the f⋅⋅⋅ up.

Update: In fact, I am willing to believe that Hemant Karkare died because these channels showed him prepare (wear helmet, wear bullet-proof vest.) in excruciating detail live on television. And they in turn targeted him where he was unprotected. The brave officer succumbed to bullets in the neck.

Update 2 [28.Nov.2300hrs]: Better sense appears to have prevailed in the latter half of today—either willfully, or by Government coercion2, and Live broadcasts are now being limited to non-action zones. Telecast of action troops and strategy is now not being aired live. Thank goodness for that.

Update 3 [30.Nov.1900hrs]: DNA India reports about a UK couple ask media to report carefully:

The terrorists were watching CNN and they came down from where they were in a lift after hearing about us on TV.
— Lynne Shaw in an interview.

Oh, they have a lame excuse pronouncing that the television connections in the hotel has been cut, and therefore it is okay to broadcast. Like hell! [←]

I’m thinking coercion, since Government has just denied renewing CNN’s rights to air video today; must’ve have surely worked as a rude warning to the Indian domestic channels. [←]

I should probably add that I do not agree with Kunte’s opinions. However that is hardly relevant in this context.

[Update: It appears I was mistaken in reading the license; the Creative Commons license governs the Google Cache blog, not Kunte’s blog. (I thought they were the same blog). So it is possible that my republishing Kunte’s post above  violates his copyright. On the other hand, since the original post is no longer available on the author’s blog, my posting it here has news reporting value; so it may well come under ‘fair use’. Anyway, for now, this post stays.]

[Update 2: In a Facebook group, Barkha Dutt (or someone impersonating her) confirms that NDTV did send Kunte a legal notice.

you may want to know that the author of this email- a certain Mr. Kunte who lives in Holland.. has been sent a legal notice by NDTV for the rubbish and lies peddled in this email.

Best Regards

Barkha Dutt.

This whole case has been a PR nightmare for NDTV. If they have any sense whatsoever, they will issue a dignified statement about free speech, retract the threat to Kunte and shut up on this topic henceforth.]

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Freedom has taken a battering in Netherlands lately and this latest news is a sad day for those of us who believe in free speech.

On a related note, it might be interesting to try and figure out what’s the best place for free speech today.

USA? Perhaps has the broadest protections for speech anywhere (thanks to the greatest piece of law ever written) with one sad exception: the obscenity statute. A culture of political correctness that is stronger than continental Europe does, however act as a social deterrent against certain types of speech.

Denmark? You will certainly not be prosecuted for obscenity, but hate speech laws exist — though they are rarely enforced.

Switzerland? Similar to Denmark, but also has laws against holocaust denial.

Netherlands? Till recently this would have been my answer, since their hate speech laws are not as broad and they will certainly not censor porn. Unfortunately they do have laws against discriminatory speech, which is what Wilders is (presumably) being charged under.

Ireland? I don’t know too much, but seems to be a good place. Technically laws against speech that ‘undermine public morality’ exist, but they are never enforced. They do not appear to have hate speech laws or holocaust denial laws.

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Popular blogger and premier gay rights activist Andrew Sullivan writes:

So I oppose hate crime laws because they walk too close to the line of trying to police people’s thoughts. I support the right of various religious associations to discriminate against homosexuals in employment. I support the right of the most fanatical Christianist to spread the most defamatory stuff about me and the right of the most persuasive Christianist to teach me the error of my ways. I support the right of the St Patrick’s Day Parade to exclude gay people – because that’s what freedom of association requires. In my ideal libertarian world, I would even support the right of employers to fire gay people at will (although I am in a tiny minority of gays and straights who would tolerate such a thing). All I ask in return is a reciprocal respect: the right to express myself freely and to be treated by the government exactly as any heterosexual in my position would be treated.

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Eugene Volokh has a thoughtful post about the matter. There’s not much I need to add. A sad day for freedom.

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This case may have set a worrying precedent.

I do not advocate, as some libertarians do, that we do away with all defamation laws. It does make some economic and moral sense to penalize speech that is demonstrably and objectively false, and results in specific harm. However, I am in all circumstances opposed to defamation being a criminal offence — a barbarous relic that has no place in a free society. And truth should always be a defense.

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And thuggishness by, well, see below…

A month ago, I wrote critically about Obama’s attempt to silence advertisements that opposed him: using a combination of his passionate supporter-strength and legal threats.

Sadly, it was not a one-off incident.

The latest targets of the Obama campaign is an advertisement by the National Rifle association (NRA). Obama claims that the ad misrepresents his position, which may well be true. But his response goes beyond that.

The Obama campaign has written radio stations in Pennsylvania and Ohio, pressing them to refuse to air an ad from the National Rifle Association.

“This advertisement knowingly misleads your viewing audience about Senator Obama’s position on the Second Amendment,” says the letter from Obama general counsel Bob Bauer. “For the sake of both FCC licensing requirements and the public interest, your station should refuse to continue to air this advertisement.”

As the letter makes clear, it’s not just a request but a transparent legal threat.

Yes, Obama, and indeed every individual has the right to make legal threats. But this issues isn’t whether Obama did anything illegal in sending that letter (he didn’t) but whether you want a president who lacks the basic respect for the First Amendment and free speech that was displayed here. Can you imagine what it would be like if in an Obama administration, the people sending these letters are not lawyers but Federal investigators?

Yes, the First Amendment is too precious to take a chance with. So, despite the fact that I am an Obama supporter, I’ll respond to him in the only way I can think of — by linking to the NRA ad that he hates.

Update: I now see that David Bernstein at Volokh had the same idea. Good for him and I hope more people do this. The small difference is that Prof. Bernstein titles his post “Doing my patriotic duty”. I am not American, and in any case, this is not about a country. So let’s just say I am being true to my beliefs.

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