Showing posts with label Free speech. Show all posts
Showing posts with label Free speech. Show all posts

11 July 2021

Are the hate speech proposals anything more than ineptitude?

Jacinda Ardern has demonstrated since the last election that she isn’t a “do nothing” Prime Minister, she wants to be transformative. She has been elevated by the predominantly left-leaning media domestically and internationally as a political superstar, quite something for someone who led a party that came a fairly distant second in 2017 and only gained powered with the support of two other parties (and until the Christchurch terror attack was looking lacklustre in the polls).  She has capacity for emotional empathy, rather than hard-nosed policy, and it is the former that drives her to reform laws on hate speech.  It’s clear she despises, like any right-thinking people, the ideology that drove the shooter to commit mass murder on the basis of religious belief. The idea that there are people who speak, shout, type, write or otherwise express hatred to others is a mystery to her, and her philosophy of the purportedly kind, caring, maternalistic state runs through so much of what she does and says.

So, she thinks, it is entirely consistent with her vision of the big mother state that people be prohibited from being mean to others.  The original issue around the Human Rights Act is that the two key provisions, S.61 and S.131, only apply to “colour, race, ethnic and national origins”, but of course an attack on Muslims isn’t readily defined by this, as Muslims can be from any racial or ethnic background, with majority Muslim countries ranging from Bosnia-Hercegovina through to Indonesia geographically.  However, it’s not so simple to simply amend the law to add “religious belief” because the law as it stands is absurdly worded.

The current provisions prohibit expressions that are “threatening, abusive, or insulting” (S.61) or “with intent to excite hostility or ill-will against, or bring into contempt or ridicule” (S.131).  Few would argue with the term threatening, but insulting is awfully close to prohibiting calling people names. Whereas bringing into contempt or ridicule looks exactly like a ban on criticism or certain forms of humour.  Allowing a law change to prohibit intentionally ridiculing people because of their religion is almost a law against blasphemy.  Sure it’s not nice to ridicule people’s religion, but the right to ridicule religion came from the Enlightenment.

So Ardern’s proposals (one can’t assume that the empty headed Kris Faafoi had much agency over these proposals) are to replace “threatening, abusive or insulting” and “with intent to excite hostility or ill-will against, or bring into contempt or ridicule” with a much more simple provision: 

intentionally incite/stir up, maintain or normalise hatred… of protected groups… through threatening, abusive or insulting communications, including inciting violence

Working backwards I know no one who disagrees with laws against inciting violence, so clarifying this alone would be welcome, but why restrict it to protected groups?  Inciting violence against ANY group of people (with a defence of self defence to cover situations when a group might attack someone or their property) should be a crime.  Why would it not be? However the rest deserves very close scrutiny indeed.

The proposal seeks to prohibit certain actions being “threatening, abusive or insulting communications”, with certain intent “to incite/stir up, maintain or normalise hatred” of the listed protected groups.  The key word here is “hatred”.  What is hatred?

For hatred to be “incited” or “stirred up” it must already exist somewhat, and certainly “maintain” and “normalise” are for emotions that already exist, “normalise” implies that there is hatred that exists that the “bad person” wants to say is valid.

Ardern doesn’t think hatred should exist, at least not towards the protected groups.

Going back to the actions that are sought to be prohibited, few would argue against threats, but what about abuse or insults? The most confusing element of these proposals is exactly what the terms mean, how a judge or the Police will interpret them in practice, and to help inform that it is useful to understand exactly what Ardern and her acolytes (including the Greens) think is action that is insulting and abusive, or even threatening, and how they interpret hatred.  You see it is the jurisprudence of today and the intentions of Parliament and how that percolates into the Police and the judiciary that matters.

And we all know what that culture is.  It’s the culture that is seen in trans-activism, that deems feminists who are concerned about self-identified trans-women with penises convicted of sexual assault entering womens’ prisons, as TERFS and spreading hatred.  There’s no nuance, the feminists are directly accused of inciting hatred, rather than engaging in a debate about a sensitive issue.  

It’s the culture seen in race-activism, that declares an organisation or system “racist” if the outcomes are not proportionate to inputs by race, always according to the race or races the race-activists are concerned about (they blank out other minorities performing much better).  It’s racist to be focused on the correct answer in mathematics according to some race activists in the United States, so would insisting that students not pass unless they get problems solved correctly “stirring up hatred”? Is ridiculing such people seen as threatening? 

It’s the culture of sex-activism. The lack of equal proportions of women on company boards or the so-called “gender wage gap” if challenged is seen as sexist, because equality of opportunity is not the goal.  Unless outcomes are equal, the system is one with entrenched misogyny, although the lack of men in primary school teaching is not seen otherwise. Is questioning the gender wage gap “normalising hatred”? Is this seen as insulting communications?

It’s the culture promoting permanent welfare dependency. Some on the left promote a guaranteed minimum income or perpetual increases in welfare benefits for those who don’t find work that they want. Is claiming that someone who has been on welfare for years is lazy or that the welfare state is parasitical inciting hatred against people on welfare?  Why is receiving taxpayer money seen as being deserving of protection, but having money taken from you by the government not?  

Finally, it’s the culture of blasphemy.  Charlie Hebdo has produced many magazine covers grotesquely insulting of religious figures.  There is little doubt that many adherents of those religions regard them to be insulting or even abusive and would argue that they are intended to incite hatred.  Could the law even be turned on itself by arguing that the likes of Charlie Hebdo are inciting hatred from Muslims against them as a provocation?  The same can be said of the Life of Brian, which some Christians may interpret as inciting hatred against them, through ridicule and insults to their religion.  It’s not hard to tell which of these is more likely to be seen as falling foul of the law.

One of Charlie Hebdo's highly offensive covers

And that’s just some of the protected categories.  Most of them are ridiculous.  What should be by far the biggest concern is that the very idea of including these protected categories got not only past officials, but past Ministers and the Prime Minister.

What mindset thinks it is ok to make hatred of groups according to political or ethical opinion illegal?  

There can be only two possible conclusions, mind-numbing stupidity or a sinister and disturbing set of beliefs about the limits of a free society.  With this government both are entirely plausible.  There is no shortage of very poor quality policy initiatives, whether it be the Climate Change Commission, housing, He Puapua, Fair Pay Agreements or the mess around large scale managed isolation vacancies whilst foreigners, and much much more.  

So it is quite likely that the Ministry of Justice lacks institutional capability to actually remove political and ethical beliefs from this discussion paper, but it must have gone through senior managers.  By what logical contortion can anyone defend criminalising hatred against Nazis?  This is what professional civil servants are meant to do, protect Ministers from doing anything stupid.

Because it’s abundantly clear neither Kris Faafoi nor his own Chief of Staff and advisors are capable of it.  He’s most certainly well out of his depth as Minister of Justice, it being utterly laughable that he is expected to lead a major legal reform.  Which then comes to the Prime Minister.  How could DPMC let this go through, how could Ardern and her advisors think it was right to criminalise hatred against people who think (for example), that sex between adults and children should be encouraged (e.g, groups like NAMBLA), or that human beings should progressively wipe themselves out (the voluntary human extinction movement), or the Khmer Rouge (a political group)?  Are they inept letting this get through, or just a bunch of woke morons who discuss and debate issues like some sort of mutually reinforcing circle of intellectual onanism?  Is it new age stupidity that thinks hatred is always wrong?

I’d like to think it isn’t sinister.  If Ardern et al genuinely think it might be a good idea to ban hatred by political group, they want to sanitise all political and ethical discussion to abolish “hatred” of ANY opinion.  It’s classic moral relativism, that all ideas are equally valid and ok, and nobody should “hate” people for having opinions that offend them.  This seems unlikely, not least because the dominant philosophical thread of this government and indeed the political mainstream is to not think all ideas are equally valid and ok, but rather a culture of wanting to suppress opinions that cause offence. I suspect Ardern doesn’t want to criminalise hatred against feminists against trans-gender radicalism (it’s not radicalism, it’s mainstream), but she does want to criminalise feminists hating trans-gender radicalism.  I suspect she doesn’t want to criminalise hating Nazis, but she does want to criminalise hating the Labour Party.  

The proposals should be scrapped, and much more simple reforms be instituted.  It should be abundantly clear that threatening behaviour whether communications or actions should be illegal, and that threatening behaviour should be towards individuals or ANY group of individuals defined by the person threatening.  They should not be defined by category.  Threatening Muslims, Green Party members, real estate agents, golfers, buskers or redheads should all be illegal, enough with the identitarian slicing and splicing people by categories.  Threats should include abuse that is threatening.

Creating a new law against hatred should be abandoned.  Ardern should sack Faafoi and appoint someone competent to be Minister of Justice, and that Minister should send shivers through the Ministry of justice that it dared propose such authoritarian rubbish that is seen in this discussion document.

You have under four weeks to make a submission - you should do it here.  


03 July 2021

Hate speech Proposals 3 to 6: are you likely to be causing incitement to discrimination? Who says

Having gone through Proposals 1 and 2, I have looked at 3 to 6 and there is more to be concerned about.

Proposal Three is simply an increase in penalties to fines of up to $50,000 and up to three years’ imprisonment, up from $7,000 and three months.  For threats these new penalties are reasonable, but given I reject elements of the proposals themselves, this becomes moot. It's notable that this penalty is higher than the following actual crimes of violence:

Assault on a child (S.194 Crimes Act)

Assault on a person in a family relationship (S.195 Crimes Act) (domestic violence)

Common assault (S.196 Crimes Act)

It is the same as assault with intent to injure or aggravated assault. So the Government thinks intentionally injuring someone's body is no more serious than injuring their feelings. 

Proposal Four would see the S.61 civil offence wording similar to that of the Proposal Two criminal wording, but also retain the existing provision of bringing a group into contempt would be retained. If you have issues with Proposal Two then they parallel Proposal Four.  

Proposal Five would see the Human Rights Act prohibit “incitement of others to discriminate” simply to align it with the International Covenant on Civil and Political Rights. Abiding by an international treaty is not an argument in and of itself for reform, as it should be advanced on its actual merits.  The proposal chillingly says: 

Under this proposal, section 61 would also make speech that is likely to cause incitement to discrimination unlawful

So the law would mean Police would have to decide if speech is “likely to cause incitement to discrimination”, and of course it applies to the long list of groups, including political and ethical belief. 

Imagine that, the state deciding not if you intended to incite discrimination but that you are likely to cause incitement to discrimination. Frankly, much of what the Maori Party says lately may do just that, but so might columns written about race, gender and identity. So-called “TERFs” will be deemed as likely to cause incitement to discrimination (if Proposal Six continues), but so will strict Catholics. Of course there are those who think that not being 100% compliant with UN treaties is somehow an act of turpitude, but given the UN accepts membership from a jurisdiction that incarcerates small children as political parents for the crimes of their parents, none should be churlish about simply laughing at claims of moral superiority.  

It is not the role of the state to punish people for making speech based on some probability that it will incite someone to discriminate against another, particularly on grounds of political belief.  To hell with such an illiberal attitude to what people say or write.

Finally Proposal Six, which seeks to expand “sex” to include “gender, gender expression and gender identity” to S.21 of the Human Rights Act.  Given that some trans-activists regard any challenge to be an act of hatred, the scope for this to be abused is considerable. There is a case to say that people should not be legally required to accept a purely self-identified change of gender, or that birth certificates should not be altered to remove any reference to biological sex at birth.  Some women are uncomfortable with biological men who identify as women being allowed into spaces declared for women, and they should not be regarded as inciting hate for expressing their concerns.  Nobody should threaten or incite threats against people regardless of gender identity or expression, but adding this category to any laws constraining speech beyond that is not the role of the state - the state does not exist to protect people from being insulted. 

Overall the proposals by the Ardern Government are chilling in their breadth and depth.  If the intention is to better protect people from threats or incitement to violence, then the scope of the proposals should be much much tighter, but that is clearly not the intention.  The intention is to prohibit "hatred" and promoting "hatred" against groups, some of which are defined by immutable characteristics, some reflect personal choices (marital, employment, family status), some reflect matters of conscience (religion, politics or ethics). Yet it goes further than that, it seeks to prohibit communications that Police (for it is they who enforce these laws) will interpret as being likely to cause incitement to discrimination.

At a bare minimum if these changes proceeded excluding political belief and ethical belief, they would be notably less dangerous, but there is a much more fundamental question at stake here. Beyond threats of violence or inciting threats, what rights should the state be protecting people from being violated?  Do you want the Police to arrest people for insulting others, particularly insulting them online?  Do you want films, novels, letters, conversations to get you criminalised because someone thinks you are likely to cause someone to be encouraged to discriminate against a group?  

If you are an activist for Palestine (I am not), are you happy that your incessant opposition to Israel could be likely to incite hatred of Jews?  If you are an activist for Maori sovereignty, are you happy that your constant portrayal of Pakeha as colonisers, privileged and racist is likely to incite hatred against them? If you are an activist for Hong Kong democracy, are you happy that your portrayal of the Chinese Communist Party could be likely to incite hatred against Chinese people? If you are an activist against honour killings are you happy that your concern over Salafist teachings could mean you incite hatred against Muslims generally? In all cases because Police think so?

In the past decade or more the prevailing culture has shifted to one of ever growing intolerance of people having opinions that some disagree with. It has been predominantly driven by a far left almost Leninist approach to disagreement.  Those who challenge Maori seats in local government are called "racist" as a kneejerk pejorative, those who question trans-women engaging in womens' sports are "transphobic".  Those advancing these changes are almost certainly of the philosophical perspective that supports these perspectives, that regards classical liberal positions on individual freedom and rights to be at best archaic, or at worst somehow white supremacist and misogynist.  

There are crumbs of sense in these proposals. There should be clarity around laws that prohibit threats or incitement to threaten people on any grounds, but there is neither a need for the other changes, nor are they compatible with an open, vibrant, liberal democracy. Whether you are libertarian, conservative or a left wing radical, or a believer in any religion, or none, or if you hold an ethical position that many find outrageous, you should fear these changes, and you should oppose them.

You have until 6 August to oppose these changes, you need to tell the Minister of Justice and the Government what you think.  

02 July 2021

New laws on hate speech: Proposal Two, a consolidation of law against threats or another step too far?

 So Proposal One will prohibit publishing, broadcasting or using words in a public place that are threatening, abusive, or insulting to anyone on the grounds of a wide range of factors. It would also prohibit expressions with intent to excite hostility or ill-will against or bring into contempt or ridicule on a wide range of grounds. These grounds include political opinion, ethical opinion and religious belief, all of which should send chills down the spines of anyone who even claims to be remotely liberal.  

Threats and abuse are actions that give rise for concern, but the state does not exist to protect people from being insulted because of what they think.  Likewise, exciting hostility (which is threatening) also gives rise for concern, but ill-will, contempt and ridicule are entirely legitimate emotions against political ideologies, ethical positions and religious dogmatism. Christians should not be protected from Monty Python, which intends to ridicule their religion, but neither should Muslims be protected from Charlie Hebdo. I shouldn’t even have to explain why political and ethical positions shouldn’t be protected.

So what about Proposal Two?

This is where it gets a little complicated, because it proposes to amend one of the Sections discussed in Proposal One by replacing it altogether.

It proposes to replace the criminal provision in the Human Rights Act (S.131) with a provision in the Crimes Act and replace the words “excite hostility, ill will, bring into contempt or ridicule” with “incite” or “stir up” “hatred.  

It would be a crime to:

1. intentionally incite/stir up, maintain or normalise hatred

2. against any group protected from discrimination by section 21 of the Human Rights Act

3. through threatening, abusive or insulting communications, including inciting violence

4. made by any means.

This has a kernel of merit. There should be clear provisions on inciting violence, but it should not be confined to groups listed in S.21 of the Human Rights Act, it should apply to ANYONE. Similar threatening communications should be illegal as it is threatening an initiation of force. 

However, it once again wants to criminalise abuse and insults if the intention is to incite hatred. However, once again, why should there be protection on the grounds of political belief or ethical belief? Why shouldn’t people hate communists, advocates of sex with children or ISIS? What is morally wrong with inciting hatred against groups that advocate violence against others? The obvious question is what about all other groups? Should the law make it a crime to stir up hatred against groups based on immutable characteristics? Most importantly, where does religion fit into this?  Religion is sometimes an identity equivalent to ethnic identity. After all, the divisions in Northern Ireland aren’t really about the source of interpretation of scripture, but a form of tribalism – and such hatred is utterly toxic and irrational. Yet religion itself is a source of power, and ethical and political belief, and so should not be protected from those who hate those beliefs. Dr. Richard Dawkins and the late Christopher Hitchens both regarded all religions will contempt and even hatred, so why should that be at risk of prohibition? Indeed why should similar beliefs by the religious against atheists also be prohibited?

However there is more to this.  How will inciting hatred be interpreted? Is challenging Maori ethno-nationalism going to be seen as inciting hatred against Maori? Is challenging trans-gender activism going to seen as stirring up hatred against trans-gender people?  How much of an incentive is there for protected groups to claim this is exactly what critics are seeking to do?  If the answers to this are unclear, then this proposal should be rejected as well.

I'm all for a clear criminal provision on inciting violence and expressing threats to anyone (of any form of initiated force or fraud), but the idea there should be a law against promoting hatred against groups defined by what members of those groups think, or that it can be used to shut down criticism of what people think because it is claimed to be about their protected status is fundamentally illiberal and unacceptable in a free society.

01 July 2021

New laws on hate speech: An honest attempt to protect people or a sinister effort to erode free speech?

As a libertarian my instincts are for the highest levels of freedom of speech. However as with all freedoms its limits lie where they infringe on the rights of others. Libertarians aren’t anarchists, you can’t “do what you want” when it initiates force or fraud against another. As your rights are to be free from violence against you or your property (and your property includes intellectual property and your reputation), then the appropriate limits on freedom of speech are those that violate the rights of another. There are laws on these violations already.

That includes threats of violence, it includes inciting others to inflict violence (including property damage) and includes recording a crime as an accessory to that crime (this covers child pornography and filming rape or someone being assaulted “for fun”). One claim is that the law doesn’t cover threats of violence against groups, but a group is a collection of individuals, and if this is true then a simple amendment of the Crimes Act can be made, with S.174 adding to “person” the words “or group of persons”. S.306-308 also contain provisions around threats that are relevant, so they idea that somehow there is some yawning gap in the law that allows people to threaten others with violence is simply false. 

Is expressing hatred of someone a violation of that person’s rights, or more generally is expressing hatred for a group or class of people a violation of their rights? In and of itself no it isn’t. Hatred has come to be an emotion that the “kindness” state of Jacinda Ardern wants banned, but it is not an emotion without merit. In the right context, it is not only appropriate, but almost a moral imperative. Why would any decent person not hate Fred and Rosemary West, or “Dr” Mengele, or Saddam Hussein? If a defined class of people are waging violence against you or your loved ones, or even complete strangers why should you not hate them? Actual Nazis, the Khmer Rouge, ISIS, Al Qaeda, the Stasi, Japan’s wartime Imperial Army, a mafia family, a criminal gang.  

You don’t have a right to be protected from someone hating you as an individual or a member of a group. Indeed, this is a position held by many people across the political spectrum. Religious zealots hate non-believers, communists hate the bourgeoisie, trans-activists hate those they call TERFs, socialists hate “neo-liberals”, environmentalists hate fossil fuel producers and buyers of large utes, crime victims hate criminals, etc etc. You see hatred of others is a normal reaction to a passionate set of beliefs or a passionate belief in injustice. The issue is when such hatred is expressed as a threat, whether it be a direct threat to imminent violence or an implicit threat of violence or other action to prevent someone going about their lives peacefully. The fear generated by those expressing such threats, and by those touting bigoted views is palpable and contrary to the values of a rational, moral and liberal society.  The question is how to address such threats. Criminal law should protect people from threats of violence, but I’m very cautious about how far to take that. 

So there is hate speech law now, but the Ardern Government wants to go further. The stated purpose is to help prevent a repeat of the Christchurch Mosque Attack, but this hypothesis is questionable at best. Let’s look at the direct purpose of the proposed changes from the discussion document:

The proposals target the types of communication that seek to spread and entrench feelings of intolerance, prejudice, and hatred against groups in our society. All people are equal, and our society is made up of people with many different aspects to their identities. The incitement of hatred against a group based on a shared characteristic, such as ethnicity, religion, or sexuality, is an attack on our values of inclusiveness and diversity. Such incitement is intolerable and has no place in our society.

The idea that inciting hatred against a group based on a shared characteristic that is inherent to those people is certainly an attack on the values of a free liberal society and should have no place in a free society. However, if a shared characteristic is simply sharing an opinion, there that is a whole different situation. You can’t help race, sex or sexuality, but you can help what you think, and what some people think does not entitle them to be immune from hatred.

So the proposal is not about threats of violence, but about communications that are intended (intent matters after all) to spread and entrench (i.e., sustain) “feelings of tolerance, prejudice and hatred”. Now it’s easy to work out what these might be, the problem is what some might think these are. 

Is the column by Karl Du Fresne in the Spectator that talks of “Maorification” one that “entrenches” feelings of prejudice, or is it legitimate political commentary?

How about when Debbie Ngarewa-Packer describes in the NZ Herald NZers as either being tangata whenua, recovering racists and racists? Does that seek to spread feelings of intolerance against non-Maori?

Clearly there is no point asking Kris Faafoi, who doesn’t have a clue as the least qualified Minister of Justice for 13 years. The man's an idiot. Furthermore,  Jacinda Ardern thinks she shouldn’t be responsible for explaining what Cabinet’s decisions on new laws should mean in practice.  The nodding dogs of the Labour left and the Greens are all filing in behind her, so it is better to just read the proposals.  So in this post, I'll look at just one.

Proposal One: Change the language in the incitement provisions in the Human Rights Act 1993 so that they protect more groups that are targeted by hateful speech. Under this proposal, more groups would be protected by the law if hatred was incited against them due to a characteristic that they have.

This is about Sections 61 and 131 of the Human Rights Act. Section 61 prohibits publishing or distributing written matter, or using words in a public place that are “threatening, abusive, or insulting” on the grounds of colour, race, ethnic and national origins. Section 131 prohibits “with intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins”. 

The Government wants to expand the groups this law “protects” from “insults” or from “contempt or ridicule” far beyond race and nationality. Consider the categories it wants to include:

Sex (so no jokes about men, or women)

Gender (no jokes about men who self-identify as women and look absurd)

Marital status

Religious belief (so yes that IS Life of Brian. Don’t intend to ridicule religion)

Ethical belief (so don’t be ridiculing people who think abortion is murder, or who think pornography is good or evil, or that smacking is good practice, or etc etc)

Disability (including carrying an infection)

Age (don’t ridicule stupid young or old people)

Political opinion (don’t bring communists or libertarians into contempt or else)

Employment status (don’t bring into contempt people who are receiving taxpayers money)

Family status (which includes “being a relative of a particular person” so you can’t ridicule a husband/wife/partner of a psychopath?)

Sexual orientation.

Some of these are less objectionable than others, but the idea that there should be a prohibition on bringing into contempt or ridicule people because of their opinions is entirely outrageous.

Intending to bring into contempt any group of people on the grounds of their religious belief will be banned. That’s frankly outrageous. Fundamentalists of any religion should not be immune from insults or being brought into contempt because their beliefs are worthy of contempt.  This is blasphemy law through the back door. It goes further, you can’t ridicule entire groups because of their ethical belief (i.e., blood transfusions are evil, or vaccinating children is evil), nor can you ridicule people for their political beliefs.

This is frankly extraordinary. 

Given the Christchurch shooting was entirely motivated by religious hatred, if the law were to be about change to cover this, it would be simple enough to only prohibit threatening language regardless of the basis because nobody should be threatened.

This proposal alone should cause anyone who believes in liberal democracy and freedom of expression to go cold and simply reject this nonsense. 

To add insult to this, the discussion document assumes that there isn’t a legitimate point of view that outright opposes this proposal. It’s proposed questions are:

Do you agree that broadening the incitement provisions in this way will better protect these groups?

o Why or why not?

- In your opinion, which groups should be protected by this change?

- Do you think that there are any groups that experience hateful speech that would not be protected by this change?


The first question begs the question “protection from what”? From being ridiculed? Is the question ever asked why some groups should be protected from ridicule?

The second question is just “what groups” should this apply to.

The third question is “who else can we protect from being laughed at”?  I can see some saying “fat people, thin people, redheads, blondes, short people, people wearing revealing clothing, people wearing hats, types of occupation, types of recreational activity”.  I mean the list of groups is ENDLESS.

To hell with this Orwellian social-engineering philosophy to “protecting” people based on their opinions. There is a shred of value in asking why sex, disability and sexual orientation are not included in the current law, because those are characteristics that are essentially immutable, but almost every other element listed is a conscious characteristic.  At the very least this proposal will have a chilling effect on humour, but at worst it will make it illegal for me to say communists are either morons or psychopaths, or that Salafist Muslims are stone-age cretins, or that the Green Party are a bunch of loony leftie authoritarian control freaks.

And that’s just Proposal One….

It alone should cause you to make a submission before 6 August (see here for details).

By the way, good on both David Seymour and Judith Collins for taking this on, and also on the left, for Martyn Bradbury, who I scarcely agree with on anything, but he's right on this one.




02 September 2015

Emotionalism - the new post-religious puritanism

Forgive the length of this piece, but this is a very big issue that should concern not only those who embrace academic freedom, but also more generally individual freedom and the importance of reason.

As Mary Wakefield in The Spectator last week put it:

Back in the 1990s, PC students would stamp about with placards demanding equal rights for minorities and talking about Foucault. This new PC doesn’t seem to be about protecting minorities so much as everyone, everywhere from ever having their feelings hurt.

The illiberal left (and I am not being pejorative here, but believe that despite their claims, these are people who are as illiberal as any hardline social-conservatives, in their own way) regard the term "political correctness" as a reactionary pejorative label against "liberation" movements that seek equal treatment of people based on a whole set of agreed identity politics based categories.  It is swiftly dismissed, rather than the key arguments behind it tackled, not least because, unfortunately, so many who claimed "political correctness gone mad" (as if it was ever sane) were themselves not particularly articulate about their concerns, or (if you scratched the surface) racist, sexist and homophobic.

Today the illiberal left (yes there is a genuinely liberal left) have moved on, into what I call the new tyranny of emotionalism.  It is the belief that if something someone says or gestures or does, hurts your feelings, the person who says or gestures or does whatever, should refrain from doing so, to protect the hurt feelings of the "offended".



It is seen in the reaction of illiberal left to the Charlie Hebdo murders by Islamists - after a cursory expression of horror, their first reaction was that nobody should say anything to upset Muslims, by taking on the tyranny of those seeking Islamic blasphemy legal principles to apply to the free world. Then it went much further, with television in the UK refusing to show the cover of Charlie Hebdo magazine, because it might offend a tiny minority of viewers.

It is seen in the anonymous vitriol poured out by those offended by an article published in a newspaper that was neither illegal, nor gratuitous (but the newspaper was from the spawn of the devil - being The Times, owned by the illiberal left's own pantomine villain - Rupert Murdoch - whose main crime has been to establish or buy media outlets that express views they not only disagree with, but importantly disapprove of).   It saw the newspaper pull the article because of the angry mob.

It is seen in the complete absurdity of a UK National Union of Students Women's Conference asking delegates to not applaud speakers because it "triggered" anxiety for some students.  So "Jazz Hands" were suggested instead.  The language used by one of the advocates for this hyper-emotionalism responded by saying:

21 August 2015

Harmful Digital Communications Act indeed

Turn away for long enough and I find the NZ government does something outrageous to curtail freedom and to expand Nanny State, sure enough it has with the Orwellian sounding "Harmful Digital Communications Act".  Even if I supported it, if I was a Minister getting that title passed over my desk by a Ministry of Justice manager, I'd have tore a strip off of her or him for having had a complete lack of any education in either literature or history to give ANY legislation such a title.

The purpose of the Act as well has shades of Big Brother:

"to deter, prevent, and mitigate harm caused to individuals by digital communications; and
provide victims of harmful digital communications with a quick and efficient means of redress"

It's a curious post-modernist trend for laws to be created not to protect rights based on well worn principles of individual rights and freedoms, property rights, contracts and torts, but to "prevent harm" - to have laws to sanitise life so that "everyone" is protected.

However, the term "harm" doesn't mean physical harm.  There is no need for new laws covering an actual infringement of your body (although the digital dimension does justify ensuring laws protect your property and covers contracts and torts), for such laws exist - in abundance - including ones to protect you from yourself.  The harm being covered is, what "The Flight of the Conchords" would say are "hurt feelings".

Being offended, is to be harmed.  To be distressed by what someone else has said, is to harmed.  This goes beyond defamation, which is - indeed - damage to one's property in the form of your reputation. It's an almost childlike drive to make everything structured and inoffensive.  In the UK, it came out in its most absurd form a few months ago with the National Union of Students Women's Conference saying:

"Some delegates are requesting that we move to jazz hands rather than clapping, as it's triggering anxiety. Please be mindful"

I didn't make that up.  If someone is a little bit upset, then everyone else must conform to avoid upsetting that person.  It's the radical so-called "progressive" identity politics champions being manufactured by post-modernist university departments out of air headed students raised on this form of Newspeak. 

So the Harmful Digital Communications Act is about "serious emotional distress".  It is now a crime in New Zealand to make someone else upset, digitally (now now!).  I know I did that when I separated from my wife, thankfully I didn't do it by text message today, or I might be in trouble.

However, let's see how you might get into trouble, because Amy Adams, the National Party, the Labour Party, the Maori Party, NZ First and much of the Green Party thinks your freedom of speech should be curtailed, in case it distresses someone.  Kudos to ACT's David Seymour for standing up to it, and indeed Russel Norman, Gareth Hughes, Julie-Anne Genter and Steffan Browning for having thought about it.  

I know this legislation has had much coverage online for what's bad about it, but it deserves constant attention, and every single MP who voted for it needs to be exposed for their moronic endorsement of it.  It's a disgrace to all who voted for it, and if anything indicates clearly how utterly incompetent they are in being able to apply principle and concepts to problems and issues, it is this law.

I encourage all to push the boundaries of this law to expose this incompetence.

21 May 2015

Make me a cake or I'll call the Police

Before I start, for the avoidance of doubt, let's get three things clear:

1. I'm not a Christian, and I find some elements of Christianity to be not only irrational but also immoral.

2. I'm not gay.

3. I fully support two people of the same sex being able to get married, just like two of the opposite sex, and I find fear or hatred of people because they are homosexual/lesbian/bisexual to be both irrational and immoral.

So from a libertarian perspective, the Asher's Bakery case in Northern Ireland is an interesting one.

The long and the short of it is that a gay rights activist in Northern Ireland asked a bakery to bake a cake with a pro-gay marriage slogan on it, and the bakery objected because the owners oppose gay marriage, because of their religious beliefs.

The court has ruled that refusing to bake the cake is illegal "discrimination".  What this ruling represents is a fundamental infringement on two rights:

1. Freedom of trade;
2. Freedom of speech.

16 January 2015

"Nobody supports complete freedom of speech"

That's the line that always gets thrown back at libertarians or indeed anyone defending the right to print cartoons that offend some people.  That lack of absolutism in freedom of speech is seen as justification for any exception that anyone wants to claim, which of course means the "right" doesn't exist.

However, the argument that there is no absolute unrestricted right to free speech and so free speech is "up for grabs" is from the same school of thought as those who claim you can't have absolute freedom or anyone can do violence to anyone else.

It's missing the point that the issue is around individual rights, and that restrictions on free speech are not restrictions on individual rights, but the boundaries between individual rights.  It is the same as my right to use my body as I wish, as long as I do not deny that same right to others.  Otherwise I am not asserting an individual right that all people have, but asserting privilege to do as I wish to others that I am not extending to others.

The same applies to the boundaries of free speech.

So what are these boundaries from a libertarian perspective?

No right to use platforms or property owned by others:   You can say, write or produce media if you wish, but you have no right to demand others provide you a platform to do so.  You do not have a right to demand a newspaper print your article, nor do you have a right to be on someone's private property and do as you wish against the wishes of the property owner.  The quid pro quo is that neither does anyone have a right to demand you print their articles, or be on your property and say or distribute content that you disapprove of.   Say what you wish on your own property, say what you wish on your own platform (and bear in mind this means there are no restrictions on who can publish, broadcast or produce content or talk), or as is often the case, obey the rules of someone else's platform.  This also includes accepting the rules of property that you enter.  When you enter a cinema, the classic shouting "fire" is likely to be a rule that would get you ejected from the premises, but also subject you to a lawsuit for the harm done to the owner and the others who acted on the false call.   Free speech, as with all actions are constrained by property rights. 

No right to use the intellectual property of others, without their permission:   Copyright and patents are the cornerstone of many industries and careers.  Those who apply their minds to pens, computers, paintbrushes, musical instruments and even their voices, have the right to own what they produce and to sell the proceeds of the products of their minds.  It is hardly a restriction on your own speech to simply reproduce that of another, if the other's speech is not restricted.

Defamation is about property rights too: Whilst less material, one's reputation is still something that belongs to you and has value, as it affects employment, business and personal relationships.  If someone distributes content that is demonstrably false which seriously diminishes your reputation (i.e. claims of criminal conduct), then there is a right to not only respond with free speech, but to claim financial damages for the harm done.  This does not prohibit such speech, but means that the damage done due to such speech can be claimed.

Censorship of recordings of crimes against the person:  There is no justification for restricting written, drawn, painted or virtual depictions of any events, as this is a creative endeavour that involve no person other than the creator/producer.  By contrast deliberate video, still or audio recordings of actual violent or sexual crimes being committed (recording made with the knowledge the crime would be committed, rather than security cameras incidentally recording the commission of a crime), are a part of the actual offence, as the person who made the recording is an accessory to it.  In such cases, such recordings should be the property of the victim, and can be used as evidence of the original crime, or treated as the victim wishes.  If the victim is not identified, the recordings are evidence of a crime and should be treated as such, until the victim is identified and can specify the fate of the recording.  This is how so-called "snuff" films, child pornography and recordings of actual rapes should be treated, as they are extensions of the actual crime.  Recordings of any other legal behaviour, regardless of it being sexually explicit, including simulated crimes, are different, as these are not crimes.  Recordings of acts without the consent of those involved could be considered violations of property rights (if the recording is undertaken without the consent of the owner or person with licence to occupy the property from the owner) or, if the other party or parties are aware of the recording, as void consent (consent obtained under objectively fraudulent circumstances). 

Prohibitions against threats are an extension of the crimes that are being threatened:  A threat to commit a crime against another is a crime, it is the possible step before the attempt to commit a crime.  The threat is itself an initiation of force, as it may result in the victim responding in submission to the threat.   In this case the speech is an initiation of force that denies the right of the recipient to live in peace.  This does not change if it is a group of individuals making threats to a single or a group of individuals, in other words it covers true hate speech, being the use of speech to threaten violence.

Fraud:  You can make statements that are false, or false claims, or lie about the contract that you are making with another party, but all of these can be subject to criminal and/or civil action for fraud.  This is, in effect, another form of initiating force, for it leads people to enter into contracts, exchanging value, on the basis of a lie, so that value is not exchanged on the basis upon which it was originally agreed. 

In all of these cases of limitations on free speech, the limitation is a demarcation of the boundaries between  the same rights held by all individuals concerned, whether they be property rights or the right to decide what one does with one's own body (recording violations or obtaining consent fraudulently being the violations).  They are not limitations based on a party being offended or in some statist definition of protecting public morals.

So no, those of us who argue for unrestricted free speech are not hypocrites when these limitations which are consistent with individual rights are quoted as the boundaries to free speech.  That is why those arguing for free speech, but also supporting "hate speech" laws fall victim to the claims by Islamists that insulting "the prophet" is "hate speech" because Islamists consider "insulting  the prophet" to be a greater offence than "hate speech" towards Muslims.

Do those of us arguing for free speech say everyone should be offensive to everyone else? No.  It is neither rational nor intelligent nor even ethical to be a whimsical vulgarian, but if it does not infringe upon the rights of others, then it is not the role of the state to use force to control it.

Within this is the right to insult any philosophy, whether based on religion or based on a this-wordly set of beliefs, regardless of how rational or whimsical they are.  It includes the right to insult any art, any speech, any person, and to praise as well.  Yes, it means that frequently you'll be offended, as will I, probably about different things, different words, images or sounds.   

However, it is only through free speech that human beings can learn from each other, can apply their minds to the full evidence of expressions from each other and respond accordingly, with speech or actions.  The right to free speech is the most fundamental egalitarian right that there is, for it is a statement that no power has the right to use force to close your voice, no power knows better than you as to what words, sounds, images and objects you can see and interpret and the sole limit on this is when your production or consumption of speech violates another.

Sky News UK shuts down journalist for trying to show Charlie Hebdo image

Those of us with libertarian/small government leanings have tended to think of Sky News more positively than other UK television news outlets.  The "pay the TV licence or be prosecuted" BBC has long had a reputation for being statist and left-leaning, and state-owned, but commercial Channel 4 is not much better.  ITV News has tended to be less that way. However, Sky News was always thought as being a bit more (if less well resourced) towards the so-called "right", and more challenging of the "what's the Government going to do about it.." narrative that is the default for interviews from so many other journalists.

No more.  Whilst the BBC chose to briefly show the cover of the Charlie Hebdo commemorative edition this week on its 10.30pm Newsnight programme, Sky News (as a rolling news channel) has repeatedly stated that it has made an editorial decision to not show the image on the cover of Charlie Hebdo, seen on the right here.  
 
Of course Sky News, as a privately owned, commercial broadcaster, has every right to make editorial decisions to not show content if it so wishes.  In the grand Voltairean tradition, I respect and would wholeheartedly defend this right, even if, as I do in this case, vehemently oppose the decision itself.  

However, what happened yesterday evening (Wednesday 14 January) on Sky News was rather more disturbing and offensive, as it consisted of shutting down the interview and the attempt by a French journalist Caroline Fourest.  It had shades of an embarrassed state broadcaster under an authoritarian regime that suddenly had to switch from something embarrassing. The Guido Fawkes blog has the video which I repeat below


Caroline Fourest was displaying, quite correctly, the disappointment and barely veiled contempt for British journalists (as none of the national newspapers have printed the cover on their covers, a couple have printed versions as large as the one above) for not actually standing up for French journalism.  They say #JeSuisCharlie as a hashtag, but none have the courage of Charlie Hebdo.  

Furthermore, Sky News apologises for an "offence caused" by the split second showing of the image, but is completely uninterested in the offence caused to thousands of viewers who are not Islamists, because Sky News insults their intelligence or emotional stability in not being able to handle seeing it.

It is as if it equates showing the image with an endorsement of the content of the image, rather than showing the image in the context of the news item being discussed.   Sky News readily shows clips from ISIS or Al Qaeda videos, but nobody assumes it does this as an endorsement of what is being said.  Sky also regularly shows content that "some viewers may find distressing" or "offensive" involving corpses, the badly injured or distressed.  Real people suffering, which some call "war porn" or "disaster porn".  It isn't difficult to see why it is offensive to some to repeat video footage of the last moments of someone's life, but Sky does it, as it is part of a story with the implication that it should be stopped or relief provided to those suffering.

Yet Sky News has decided not to show the image at all, even with a warning.  Why?  Well Sky wont say,  but there are three most rational conclusions:

1.  Fear of reprisals:  If Sky News genuinely feared its staff would be targeted if it showed the image, then it should say so.  Would it imply that security is not sufficient to protect them?  Perhaps.  Would it imply that the Police have indicated they would not be responsible for protecting them?  If so, we should know this.  Would it indicate that media outlets in the UK may be self-censoring because UK based Islamists are threatening and bullying them?  If so, we also should know this, because it indicates that the claims made by David Cameron that broadcasters should feel free to show or not show what they wish, within the law, as rather empty.  If our media feels at risk from offending Islamists, what next?  It means we are on a slippery slope and the Government's attention needs to shift from talk of passing new laws, to actively protecting those wishing to exercise free speech.

2. Empathy with the "offended":  The least likely, but most disturbing interpretation is that Sky News has  "agreed" the images of the Prophet Muhammed are offensive, and that it is more important to not offend a sub-set of Muslim viewers, than to not offend those who consider the self-censorship to be disgusting or childish.  In short, it would mean Sky News has taken the side of the Islamists, implying all Muslims would be offended, and their offence is worth more than mine.

3. It's not newsworthy: Sky News may have decided that the publication of Charlie Hebdo isn't important, against queues at hospital A & E, energy policy, prospective party leader debates on TV etc.  This would be just fine, there is a lot of news broadcasters don't cover because time is limited.  However, this isn't credible given  the extensive coverage given including correspondents in Paris and of course the offending interview with a French journalist. 

Of course there is a fourth conclusion, which I believe is the most likely.  A panicked, confused and kneejerk reaction has been made based on:

- Copying what other UK broadcasters and print media have done, as a default;
- Fear of reprisals expressed by some staff;
- Some commercial concern that by allowing the image to be shown, it would face viewer or even advertiser boycotts (which is dubious, indeed the opposite reaction could be true);
- A decision that SkyNews did not want to be "the news story itself" by being the only broadcaster in the UK to show it (even though half of UK households have access to multiple TV news channels from many countries, some of which have shown it).

Sky will, I suspect, stick to this line, unless a growing number of viewers and high profile figures demand it apologise for the offence caused by its self-censorship.

In one move Sky has:

- Offended non-Islamists who, as adults (and indeed children as well) can judge for themselves if the benign comic image above is offensive or not.  Instead Sky has judged for them;
- Offended Muslims who do not hold to the theological position that any drawing of Mohammed is offensive.  Sky has presumed to know best for them;
- Demonstrated that it is not, by any means, able to say Je Suis Charlie.  It does not uphold standards of journalistic freedom or courage.  

Notably, broadcaster Iain Dale on Sky News, as a regularly commentator in a review of the next day's newspapers, noted that Sky News is a large organisation, capable of defending itself, by contrast to the small independent newsagents around Britain and in France, who are stocking Charlie Hebdo, at some risk to their own lives and livelihoods.   Watch his response here:


Sky News has disgraced its reputation, has shown itself to be meek, timid and either easily intimidated, or simply appeasers of those who want Islamist blasphemy law to apply in the UK.

It doesn't show solidarity with journalists in France, or journalists that are anywhere taking on those who wish to kill them for reporting that which offends those who want power over our lives.  It shows a muddled, pablum like complacency, sitting with the mediocre, middle ground of "let's talk a lot about it, but don't rock the boat in case we get called names or threatened".

Let's be very clear.  Sky News has taken sides.

The side it has taken is not one against laws of blasphemy, it is not one against religions censoring that which they find offensive, it is not one of solidarity with Charlie Hebdo, journalists who confront state or clerical censorship or threats of violence in doing their jobs.  It is not one with the vast majority of their viewers who are not Islamists, nor is it with those offended by the infantile treatment of a benign image.

It's not to side with freedom, an unalloyed defence of Western civilisation and the right for full, free and frank debate.  It's to side with fear, appeasement and to follow "the group", moreover it is, regardless of intent, to side with those who demand that Islamist definitions of blasphemy be followed in editorial decisions. 

and broadcasters wonder sometimes why they are losing audiences...

UPDATENick Cohen in the Spectator has another excellent take on this issue.

15 January 2015

The left has been guilty of attacking free speech, says the left

Leigh Phillips on Ricochet writes a powerful, if avowedly leftwing defence of free speech and goes on the attack at what he calls the "anglophone left" for calling Charlie Hebdo "racist", clearly showing that those who repeat this call don't understand French, which of course is a form of what some on the left might call "neo-cultural imperialism":

The last few days have been a humiliation for the anglophone left, showcasing to the world how poor our ability to translate is these days, as so many people have posted cartoons on social media that they found trawling Google Images as evidence of Charlie Hebdo’s “obvious racism,” only to be told by French speakers how, when translated and put into context, these cartoons actually are explicitly anti-racist or mocking of racists and fascists.

Now I would argue vehemently that the left has a strong history of sympathising with those who support censorship, including soft peddling many regimes that would imprison or murder those who expressed political dissent.  Given its strong support for state solutions to most problems or support for so-called "direct action" (a euphemism for vandalism, trespass, intimidation and threats of violence), it is consistent to support wanting to close down debate,  but Phillips seems to get it:

There is a worrying trend on the left to dismiss freedom of expression as part of the colonialist project, to repudiate free speech as a meaningless elite piety. In recent years, the liberal-left, particularly in the anglophone world, has taken to demanding the censorship of “offensive” or “triggering” speech, and student unions, theatres, universities, schools, municipalities, art galleries and other public venues have increasingly shut down a wide range of speech acts. Even many traditional civil liberties groups appear to be cowed. Demonstrators go beyond protesting those they oppose, and now try to actively prevent them from speaking, as in the case of efforts to disinvite Bill Maher from UC Berkeley last year — ironically during the 50th anniversary of the Berkeley Free Speech Movement protests. In 2014 in the United States, campus protesters prevented commencement addresses by former secretary of state Condoleezza Rice, attorney general Eric Holder, and IMF head Christine Lagarde. According to campus free speech group FIRE, 39 protests have led to the cancellation of protested events on campuses since 2009. All this is contrary to traditional leftist defence of freedom of speech and must be strongly opposed. The politics of the speaker should make no difference here.

 We counter bad arguments with good ones. The minute that we begin embracing censorship, it will be our own ideas that sooner rather than later will be deleted by the censors. And the irony is that while these calls to censorship frequently come from the “social justice left,” it is precisely as a result of the liberal foundation of freedom of expression that the women’s movement, the civil rights struggle and gay liberation have achieved all that they have.

The difficult Phillips has is the intellectual tradition he is aligned to has a firm belief in the control of language to control people and behaviour.  It has used the words "racist" "sexist" and now "Islamophobic" as a catch-cry for "shut up, your opinion is worthless, go away and be grateful we can't lock you up".  Those who criticise this get thrown the same word, because the "liberal" left thinks it has a monopoly on morality.

In actual fact it has embraced a form of collective group-think that those who lived under China's Cultural Revolution or the totalitarian Soviet satellite states in eastern Europe would recognise instantly.  It is why the term "politically correct" has been coined, albeit it too has been overused by some on the right to conceal their own bigotry.

Critics are labelled and consigned to the dustbin with that label, and there is a refusal to engage, and the most recent usage of the "check your privilege" claim is a way of focusing not on the content of speech, but on the background of the person speaking.   This, of course, is exactly what umpteen totalitarian regimes have done and still do.

I fear that the likelihood of the left in the English speaking world accepting free speech for those that reject many of its arguments, is not great.  The desire to restrict, regulate and control many aspects of people's lives, of businesses and to spend their money, runs through so much of what is advocated.  If you are going to continue to ban "hate speech", then you are going to continue to place free speech vulnerable to wider demands as to what is "hate".  After all, how many on the left would ban "hate speech" based on professions? i.e. banning vilification of say, bankers.

14 January 2015

Muslim Mayor of Rotterdam: If you hate freedom, leave

The Mayor of Rotterdam, Ahmed Aboutaleb was born in Morocco. He is a Muslim, and he has said that if Muslims in the Netherlands don't like freedom, including the right to free speech that allows people to offend them, they can "fuck off".


It is incomprehensible that you can turn against freedom… But if you don’t like freedom, for heaven’s sake pack your bags and leave.... There may be a place in the world where you can be yourself, be honest with yourself and do not go and kill innocent journalists. And if you do not like it here because humorists you do not like make a newspaper, may I then say you can f*** off...This is stupid, this so incomprehensible. Vanish from the Netherlands if you cannot find your place here. All those well-meaning Muslims here will now be stared at

He is standing up for freedom of speech in the Netherlands, and more importantly that Muslims who do embrace and tolerate free speech do not welcome Islamists. 

How refreshing, how clear and what a positive assertion of belief in Enlightenment values and free speech, from a man who as an immigrant, and a Muslim, embraces those values and seeks the same from all others in his city.

Sadly, i's only through the irrational, toxic prism of identity politics that means that when he says the same thing as say, the late Pim Fortuyn (a gay libertarian who was murdered by an environmentalist terrorist),it's "ok".

It's "ok" because the leftist structuralist identity politics philosophy that dominate the mainstream media and universities states that the actual content of communications is not what determines their meaning and intent, but the identity of the person making it.  That identity determines if a person is one of power (i.e. male of European descent, of Christian/Jewish or atheist belief and heterosexual and able-bodied), then their views are automatically deemed to be about "consolidating power" which in the perverse zero-sum world of the structuralists, is only gained by "oppressing the vulnerable".

In short, had the Mayor of Rotterdam been a Christian Dutch man, he would have been branded Islamophobic and racist, because it would have been presumed that you can only tell people to leave if you are bigoted against characteristics they hold inherently, not their views.

Regardless, the view he expresses should be echoed by the leaders of all Western countries.  It should be an unequivocal call that all residents who don't like the values of Western civilisation should either live in peace, or go.

Oh and he's a member of the Dutch Labour Party.  Imagine a leading politician from the UK, Australian and New Zealand equivalent parties standing up for enlightenment values in such an unequivocally forthright and brave manner.

13 January 2015

How's that belief in free speech going then?

Whilst many of us took heart from the 1.5 million + who turned up in Paris in defiance of the Islamist thugs, the following also happened:

- Over 2,000 dead in Nigeria, as Islamist terror group Boko Haram goes on a pogrom against those who resist it in one town. The five-year insurgency killed more than 10,000 people last year alone, according to the Washington-based Council on Foreign Relations.   Nigeria is increasingly losing the battle against the group, meanwhile Michelle Obama presumably thinks she has done enough by endorsing the hashtag #bringbackourgirls

- Brunei introduces the death penalty for blasphemy and apostasy from April and expect absolutely no diplomatic or trade reprisals.

- Saudi Arabia inflicts 50 lashes on a blogger for blasphemy and its ambassador to France had the audacity to turn up to the Paris "Je Suis Charlie" rally on Sunday.  Again, expect no serious diplomatic or trade reprisals.

- ex. quasi-dictator of Malaysia, Mahathir Mohamad blames the Charlie Hebdo cartoonists for provocation saying "we respect their religion".  No you don't you prick, they were atheists.

- In Egypt, the government imprisons student Karim al-Banna for three years for saying on Facebook that he is an atheist.   You thought the Muslim Brotherhood had been ousted didn't you? "Al-Banna's father testified against his son saying "[he] was embracing extremist ideas against Islam. Al-Banna had been facing neighbourhood harassment ever since his name had appeared in a local daily under a list of atheists". Remember, Barack Obama who offered his "support" for free speech, runs a government which gives the Egyptian Government billions of dollars in aid.


12 January 2015

A thank you from Al Qaeda

As-salaam'alaykum people of the United Kingdom

You have seen what has happened to the blasphemous ones in France as they have faced the appropriate penalty for insulting the Prophet, peace be upon him.   As you progressively realise the truth and inevitability of adopting sharia law you will not be shocked.   You will accept that so-called "free speech" comes with responsibilities, and that includes not to insult the Prophet, peace be upon him, to denigrate the truth of Islam or to be offensive to our faith.

We accept that you infidels can live in peace under sharia law, as long as you worship in private and embrace our laws in public.  Brother Anjem Choudary made this clear on American imperialist zionist television.

However, we are heartened by the response of your newspapers and media, all of which have had the wisdom to refuse to publish images of the Prophet, peace be upon him, in recognition of sharia law.  

This demonstrates how much closer to Islam British media are compared to the vile publications in France, Belgium, Denmark and Germany.  Some of them are paying the price for their foolishness.

You have learned that it is more important to not offend us, than to demonstrate some silly, repulsive, blasphemous belief in freedom that is not subject to the laws of the Prophet, peace be upon him.

British media have learned that Islam literally means submission, so you are learning and we have hope for you yet.   You may express disgust and objection to our ways of dispensing justice, but because you refuse to infringe the laws we are enforcing shows your respect for us.

That respect is noted.

Of course there is much more to be done.   

The Jews, whose forces occupy Muslim land and people, and have long had ways that historically were recognised by Christians to be offensive, cannot be tolerated whilst they occupy Palestine and challenge our faith.  They need to speak up about the crimes of Zionism or they too will be targets.   Those born Jews would be better following the example of the leader of the Labour Party, who as a Jew supported laws against insulting religions.  We have great hope that he will try again as Prime Minister, to enshrine the laws we will otherwise enforce if necessary.

Your women continue to dress as prostitutes on an every day basis.   This continues to offend us, and it is no surprise that a few of our brothers have been treating a few young women who present like that, on that basis.  We expect some action to be taken against their pornographic appearance.

There is much else that needs to change, but our priority is that you do not interfere with our efforts to help your society become pure and do not insult our Prophet, peace be upon him, or his teachings.

Your Government continues to battle our brothers in Iraq and threaten those in Syria.  Although we have some differences with them, we reject your interference in our territories.  It is futile,  and dangerous for members of your armed forces, as are efforts to support the infidels in Nigeria who are denying our brothers victory there.   We are a religion of peace, and peace will come from your submission to our truth, our values and the beauty of our faith and justice of our laws.

More and more of your people are understanding this.  Even your future monarch appears to understand this.

You also have taken to accepting that those who resist us are branded Islamophobes, and so are treated with derision for being racist.  Although our people come from many races, we are not bothered by the bluntness of this response, as it suits us.  Fellow Muslims who fear infidels are more likely to realise truth and justice come from supporting us.   It encourages us when Members of your Parliament, newspaper columnists and other commentators are more concerned about reprisals against Muslims, than about the Zionists or those who blaspheme against the Prophet, peace be upon him.

So thank you for not requiring us to take the actions we have taken in France.  It bodes well for us to have a media in the United Kingdom that is progressively compliant with Shariah Law.

Keep your women safe and obedient, do not offend us and do not try to change our people to your ways, and you too will be safe.  

Peace be upon you

Al Qaeda


Note:  This piece of parody is to reflect the contemptuous cowardice of the British press and broadcast media in not publishing or displaying any images from Charlie Hebdo that depict Mohammed, or indeed any drawings of Mohammed at all.

Islamic blasphemy law need not be enforced in the UK, for the media have simply rolled over and followed it.

Read Spiked on "What if Charlie Hebdo had been published in Britain"?

09 January 2015

Defending free speech when it is under attack



Following on from Peter Cresswell's excellent piece outlining the recent events in Paris, come two more fundamental questions.

1. What does a free society do about those who want to destroy its freedoms?
2. Why are we, yes we, threatened by those who want to censor us?

The Islamist threat to free speech is not new.  Indeed the battle for the right to offend those who hold certain beliefs, whether religious, political, philosophical or even aesthetic, is continuous.  Laws against blasphemy were often enforced in many Western countries, to not offend Christian faiths.  It is no accident that every authoritarian regime clamps down on free speech as a first move.

There are plenty of opponents of free speech in our midsts.  So in fact my second question can be answered first.  The majority have censored us already, the Islamofascists simply want the courtesy extended to them.

The much too obvious ones are the small numbers of ardent fascists, nationalists, communists and other sympathisers of politics that would explicitly censor media, art and speech.  It is extremely rare for any of them to do anything other than rabble rouse or disseminate their views, and the contradiction between their use of free speech to oppose it is clear, and so they have few followers.

Similarly, we are familiar with the religious conservatives who are keen on blasphemy laws, or who want to censor material involving nudity, sex or vulgar language.  Of course we still have laws restricting this, and the state will prosecute you for writing about or drawing all sorts of matters which it prohibits (including completely legal acts), but that's another story.  There are those who want more of such laws, some from a religious perspective, others from a radical feminist perspective.

More insidiously restrictions on free speech have come from the self-styled "liberal" left in the form of "hate speech" laws.  Whilst few would disagree with how unpleasant and vile such speech can be (i.e. explicit racism, sexism, denigration and debasing of people based on their inherent characteristics rather than behaviour), it is another story to make such speech illegal.  It has become increasingly normalised for some to say how "offended" they are by a portrayal of someone because of his or her race, sex, sexual orientation, disability, etc.  In recent years laws have been enforced to prohibit such speech.  This has been widely supported by most on the left, with the Police in the UK now arresting people for making offensive jokes.  

You will struggle to find many politicians who will argue for the unfettered legal right to offend (which is distinct from whether it is morally right or clever to do so).  Yet that is what this is about.

Indeed in the UK, a report into systematical sexual abuse in Rotherham indicated that child protection officials were dissuaded from questioning or addressing gangs of predominantly Muslim men targeting young girls, because it would "cause offence" in their communities.

Freedom of speech has been as much under attack from those who live amongst us who are "do-gooders" as it has been by those willing to wield violence directly.  The difference is the matter of degree.

The killers of the Charlie Hebdo cartoonists and employees were offended by the cartoons published by that magazine.  The law didn't protect them from offence, but it protects others from offence in other areas.

Don't make an offensive joke about a crime or an accident, for the law may come visit you.  Don't think about writing a sexually explicit fictional short story that involves violence and what is deemed to be the degradation of a fictional person, for the law may come visit you.  

The men who murder because they are offended are extending the logic of existing laws, and taking the law into their own hands.  At least it remains legal to parody religion, right?

So how should this be addressed?

18 December 2014

Murderers, thugs and cowards

Taliban, Cuba's ruling thugs and Sony Pictures respectively.

On the Pakistani Taliban, it is telling what it takes for the Pakistani Army and Government to actually take this evil group seriously and seek to wipe it out.  For previously the policy was "let" the Taliban run the north-western provinces and for all major parties to support negotiating with "moderate elements" (i.e. the ones that only murder infidels, not Muslim children).  This is why Osama Bin Laden lived in comfort in Pakistan, as the Pakistani Army had essentially appeased the local Taliban. The fact that one of Pakistan's greatest financial and military supporters over the decades, the United States, had had thousands of its citizens murdered by this outfit, was irrelevant.   Furthermore, even the attempted murder of Malala Yousafzai for daring to support the education of girls, didn't animate the misogynistic theocratically minded rent-seekers in the Pakistani government.  It has taken hundreds of children to be murdered en masse, for there to finally be some effort taken to wipe them out - as they should.

For the negotiate with the Taliban, as with ISIS, is like seeking to negotiate with the Nazis for a peace where they continue to rule over some people, or to agree with a mafia over the territory they can still bully people over, or to agree with a pedophile cabal that they can only rape children within a certain area.  It's morally bankrupt, because the only winner in a compromise between good and evil, is evil, particularly when you have the means to defeat it at little relative cost compared to letting it be.

So if there is anything positive that could ever come from hundreds of children and their teachers being murdered in cold blood, is that it turns enough Pakistanis against the Pakistani Taliban, and provides the testicular fortitude in the government and army to hunt down, and defeat every last one.   In that mission, Pakistan should have the full support of those that fear a Taliban takeover the most, including India, the United States, the UK and yes, Iran.  For, as a nuclear weapon state, Pakistan, as very flawed as it is by any measures of political and individual freedom, and more flawed as a corrupt state of pilfering mediocrities, it is nothing compared to what it would be like if ruled by the pedocidal Taliban. 

Thugs being appeased, is one way of looking at President Obama deciding to make friends with the dictatorship on his doorstep, Cuba. This is easy to be critical of, because Cuba is not introducing political or civil freedoms, and is not introducing any form of liberal democracy.  It is just freeing some political prisoners.  In exchange it gets diplomatic recognition, direct telecommunications and greater freedom of movement of Americans into Cuba.   Does it provide succour to a despicable regime?  Yes.  However,  there is little doubt to me that, on balance, this is good for freedom in Cuba.  Why?  Because the more Cubans get contact with their relatives and friends from the United States, and receive money and goods from them, the more they will understand how utterly stultifying their regime is.  The main negative of the policy will be that the key beneficiaries of any liberalisation of trade will be the thugs in charge and their families, who they will grant favours to.  

However, even if this is so, the regime's monopoly on power will not be strengthened by heightened corruption and the enrichment of an elite which gained and sustained power on the basis of everyone being equally impoverished (not that the party elite were denied privilege, but the Castro mafia is not known to be anywhere near as self-aggrandising and enriching as its ideological soul brothers in other dictatorships).   Greater contact with the outside world is a good thing, and while the trade embargo will not be removed without Congressional approval on the US side (which seems far from likely), the liberalisation that does occur, will enable Cubans to taste more of capitalism and freedom than they can at the moment.   If the trade embargo is lifted, then the regime will no longer have the excuse of the embargo for the relative poverty in the country, and more will be able to tell their stories of a derelict health system (despite how much it is lauded by leftwing activists), and how harassed they are by officials.

So, on balance, liberalising contact with Cuba is a good thing.  For it leaves restrictions on the country coming predominantly from the Cuban government side.  Yes, it looks like Obama is rewarding a dictatorship for doing little, but you must think beyond that.   Eastern Europe was undermined more by greater liberalisation of contact with the West, than by maintaining tight restrictions on it.   Cuba too will change, and on balance this is one step towards this.

Cowards.  The word to describe Sony Pictures Entertainment, and the cinema chains refusing to show The Interview.   It's astonishing, that a bunch of hackers, probably led from Pyongyang, but also likely to include some paid in China and elsewhere, can frighten a company that is part of a conglomerate with a turnover 50% greater than north Korea.

Yes.  Sony had turnover of around US$70 billion in 2014, whereas the DPRK's reported GDP (on a purchasing power parity basis) was US$40 billion in 2011.  What the hell should they be scared of?

Do they fear more cyber attacks? Well talk to banks, talk to the US IT giants that fear cyber attacks more.

Do they fear physical attacks?  Oh please.  "Team America - World Police" upset the Kim mafia when it came out, and the regime can't even control this. The DPRK has little record of engaging in international terrorism outside Asia, so it is difficult to envisage that it could convincingly pay anyone in the United States to perform such acts.  

More importantly, the film makes fun, pokes humour out of a regime that prohibits such humour. One of the first acts of any authoritarian regime is to ban parodies and comic depictions that "dishonour" its leading thugs, which of course dishonours them by doing so. 

So it is very important that this film be released and shown, and for people to go watch it and laugh. Laugh at the fat hedonistic boy king who got a fine Western education, has Western tastes, who loves NBA basketball and instead of sharing this wisdom and expanding the potential of the people he inherited from under the jackboots of his father and grandfather, he's put on a new pair himself.

His father at least didn't have the excuse of knowing as well as he does, about the outside world, for the short brat was scared of flying, so hardly travelled outside the country at all.  He proudly sacrificed hundreds of thousands of ordinary people to stay in power for fear the army would overthrow him.  

So the fat boy king is now emulating his grandfather, who is one of the great frauds of the 20th century.  He deserves to be laughed at, and Sony is doing a disservice to the people of Korea, and indeed the people of Japan threatened by north Korea, and to the USA, which stopped all of Korea being under the Kim family crime syndicate (and indeed helped transform Japan into a country that could allow Sony to be established and thrive).

So if Sony Pictures is too gutless to distribute this film - sell it - let someone with courage show it, and shame on those who refuse to do so, out of fear of a bunch of upstart north Korean kids trapped at the basement of a monument in Pyongyang (well that's where I saw banks of unexplained PCs well connected before the door was slammed shut on me).