Posts Tagged ‘Freedom of speech’

The freedom of hypocrisy

April 29, 2015

There is a fundamental human right which needs to be included in the UN Human Rights Convention.

And that is the inalienable human right to be freely hypocritical.

Charlie Hebdo’s cartoons – many in very poor taste – were an “expression of freedom of speech”. In fact very few of Hebdo’s cartoons are actually clever or funny though nearly all are smutty. (And it is their lack of any real intellectual content which makes me think that the PEN award to Charlie Hebdo may be a tribute to the 12 who were killed but it is certainly not for any journalistic excellence).

I must admit that I see no great insult to women generally in exhorting women who are potential customers for weight loss products to be “Beach Body Ready”. Or any insult to mis-shapen men like me in exhortations to get “magnificent abs” so that we can wear – and show off – our Calvin Klein underwear!

But how is it that the very same people who so strenuously defended Charlie Hebdo’s “rights” to publish material seen as insulting by others, now want this – to me rather inoffensive – advertisement to be banned? And banned on the grounds that it is insulting to women and sexist. I don’t much care for the colour of her bikini, and I think that anybody who believes weight loss advertisements is more than a little gullible, but I think the right of Protein World to earn their bread by advertising their products is absolute.

An insult may be meant or not, but it is only perceived in the mind of the receiver. And even when an insult is meant, but it is not perceived to be an insult, then it is no insult.

A Protein World advert displayed in an underground station in London. More than 44,000 people have signed a petition to have the adverts removed.

A Protein World advert displayed at a London Underground station. More than 44,000 people have signed a petition to have the posters removed. Photograph: Catherine Wylie/PA

It is no different in principle to this

or this one

sharpmagazine.com

I suspect that just as with the lunatics who attacked Charlie Hebdo, the fault lies in the minds of those who are irrationally insulted.

You also can say whatever I like

January 13, 2015

Voltaire: I do not agree with what you have to say, but I’ll defend to the death your right to say it.

The world pays lip service to the “freedom of speech” or the “freedom of expression”. No country in the world today actually lives up to Voltaire.

The only reality that is universally held is

I can say whatever I like. You also can say whatever I like. 

  1. You can say what you like but you cannot reveal what I consider confidential. (US)
  2. You can say what you like but we will flog you if you “like” the facebook page of Arab Christians. (Saudi Arabia)
  3. You can say what you like but you cannot call for a boycott of Israel. (Israel)
  4. You can say whatever you like but I can always sue you for libel or slander or obscenity or pornography. (most countries)
  5. You can say what you like but you cannot speak against me, Robert Mugabe. (Zimbabwe)
  6. You can say whatever you like but we will put you in prison if you incite others to violence. (most countries)
  7. You can say whatever you like, but if you say that the Holocaust did not happen we will put you in prison. (most Western European countries)
  8. You can say whatever you like but if you offend my sensibilities I am justified in beating you up. (India, Malaysia, Indonesia, Iran, Russia, China, Vietnam, Burma).
  9. You can say whatever you like but if you insult our King we can lock you up and throw away the key. (Thailand)
  10. You can say whatever you like but if I perceive that Islam has been insulted I can kill you or authorise your killing by anybody. (all Islamic countries)

German Federal Court sets out rules for site liability for blog posts

October 26, 2011

It seems like an exercise of common sense:

The Local – Germany’s highest civil court has set out a process by which web hosts can avoid liability for libellous blog posts, in a decision which Google described as striking a blow for freedom of expression and information in the internet. 

… The Federal Court of Justice ….  also set out a process which web hosts should follow to avoid any liability.  
Someone who believes a blog entry violates the law must inform the hosting company – but allegations of illegality must be “concrete” enough that they can be affirmed “without detailed legal and factual review,” the court ruled.

The allegations must be passed onto the blogger who must respond within a reasonable period – or the blog can simply be deleted. If the blogger decides to defend their entry, the complainant must prove that it is illegal, and if this cannot be done, the entry must remain. 

But as regards anonymity this requires that the identity of the blog poster must be known to the host.