Showing posts with label Censorship. Show all posts
Showing posts with label Censorship. Show all posts

30 December 2021

Own a bookshop? Beware of TVNZ journalists

In 1993 Lindsay Perigo resigned from TVNZ as a journalist/presenter declaring its news as "braindead", and a lot has happened in that time. From its one time commanding role claiming "more people get their news from TV One news than from any other source" (copied from US network ABC at the time), it is facing a declining market, as a whole generation gets news, of sorts, from online sources, and those who don't want to be talked down to like 12 year old schoolkids look elsewhere.

But never fear, TVNZ is out there to ensure that you are aware of misinformation and it is even patrolling bookshops to check if they are stocking books and magazines that.... shock... print inaccurate information, or even write about conspiracy theories.  

At least twice in the past month (I don't want it daily) has TVNZ engaged what it calls investigate journalism into the horrors of there being, perfectly legally, books and magazines published and even more appallingly, sold by bookshops across Aotearoa.  

Books that challenge Māori nationalism

Some weeks ago TVNZ broadcast a piece purportedly reflecting an English literature tutor, Brittany Rose, who is "disgusted" by finding books in a bookshop that "raised red flags"(!) for her because... they contained opinions she didn't like.  Frankly I think Brittany Rose would happily have flown red flags in the Great Proletarian Cultural Revolution in China, because she would have made a great Red Guard:

The books were filled with pages warning of the dangers of a so-called greedy, tribal elite.

And descriptions of Māori as violent savages who were saved by colonisation.

“It just struck me as incredibly insensitive, ill-informed and damaging. It's potentially harmful to propagate views that are anti-Maori. That's not at all what we should be having on shelves of our bookstores,” Rose said.

Colonisation devastated Māori, claiming land and lives.

University of Auckland Senior Māori studies lecturer, Dr Daniel Hikuroa, was equally disgusted.

“That's something I would hate for my daughter to stumble across at bookstores but on the other hand I would like for them to understand that it's hate material is what it is. It's hate material. It's designed to drive wedges between peoples,” he said.

I'm not going to go into the details of the books, not only because I haven't read them, but because it is somewhat besides the point. You see, Rose is not so concerned about refuting these books she wouldn't buy in a shop she doesn't own, she is worried about them being "insensitive, ill-informed and damaging", because the views are "harmful".  By extension, TVNZ is sharing this concern by giving a platform to someone who trots out the high-status "insensitive" and "damaging" claims about opinions she doesn't like. It's not enough to be offended nowadays, you have to claim differing views are "harmful".  Harmful to whom? People who can't handle a rigorous debate?  Surely if the books are THAT weak and woeful, it should be easy to dismiss them as poorly written drivel easily refuted.  

How does she know how well they will sell? How does she know that those buying them are going to agree with the books? How does she know the books don't contain facts in among assertions and false claims?  

It doesn't matter, Brittany Rose wants them removed, and by extension, TVNZ. 

The books were published by Tross Publishing, which must be immensely grateful for the free publicity, and although it refused to be interviewed on air (unsurprisingly given it is clearly designed to be a hit job, author John Robinson did send a statement to TVNZ:

I absolutely reject the untrue charges made against Tross Publishing. I believe in equality, decency and accuracy and oppose the divisions in to-day's New Zealand. I am appalled by the ridiculous claims of wrongdoing which implicate me. I am being damned without a hearing.

Given the wording of the TVNZ report it is hardly surprising Tross Publishing did not appear on camera, as it is clearly of a monolithic perspective:

The company has been publishing books that condemn things like treaty settlements and the Waitangi Tribunal for years.

But they are still being sold by big franchises, including Paper Plus and Whitcoulls.

BUT? So does TVNZ say that Paper Plus and Whitcoulls should NOT sell books condemning treaty settlements and the Waitangi Tribunal? What if a radical Māori publisher produced books saying treaty settlements and the Waitangi Tribunal are sell outs? So TVNZ has made it clear what opinion it has. Some books shouldn't be sold.

Then TVNZ puts out this line:

There are calls for stores selling the books to promote balance.

Does TVNZ seriously think bookshops should sell books with a wide variety of views on public issues? Did it even check? No, of course not. There is little difficulty in finding books that advance Māori sovereignty and nationalism, but that would damage the shock-sound bite nature of the story.

Race Relations Commissioner Meng Foon is quoted as saying:

But what really disturbed me about this was the idea that freedom of speech is about being able to have any opinion and go unchallenged

This is Orwellian nonsense, it is actually Brittany Rose that wants to have opinions unchallenged, and TVNZ that is advancing an agenda of a monolithic view on Treaty of Waitangi matters. Freedom of speech is not about having opinions unchallenged, but it is about being able to write and publish opinions and not have the state, by proxy, campaign to stop your books being able to be sold.

The report concluded with a most sinister line:

1News has asked for clarification as to why the books can be purchased at both stores.

The right response (if the bookshops don't want to just say, piss off we can sell whatever we want and we aren't answerable to the state) would be "the books are legal, we embrace freedom of speech including challenging points of view held by academics, media, politicians and journalists, and encourage our customers to buy a variety of books".

Conspiracy magazines

So on 29 December TVNZ broadcast a story about how Auckland Airport newsagents were selling magazines that contained content about conspiracy theories around Covid19, and included misinformation about vaccines etc.  It queried, once again, why newsagents were selling magazines that contained such material, unfortunately this story is now only contained on the full length recording of the 6pm bulletin online. The whole story was based on the outrage that a newsagent would sell titles that publish nonsense.  

So what?

Now I carry no flag for Tross Publishing, some of its titles may be worth a read, others not so much ("A Plague of People" looks like Malthusian nonsense), but it's not the point at all. The state broadcaster should not be engaging in a witch hunt of either publications or bookshops that are acting legally, just because a fragile wanna Red Guard is offended by their content.  

Nor do I care much for little known magazines on a shelf, because before I buy something I tend to browse through to decide for myself if it is worth reading.  If not, I wont buy it. Amazing to TVNZ, I think almost everyone does the same thing. 

If TVNZ journalists want to criticise books or magazines, they should write book reviews, not sound-bite hit jobs demanding to know why a bookshop is selling a book. 

Maybe the books wont sell, maybe the bookshop wont restock them,  because the marketplace of ideas is what determines how most of the book and magazine media world works. Of course TVNZ journalists don't worry about that, although it is a State Owned Enterprise, it isn't going to be allowed to go under.  

From the age of five to ten my parents owned a bookshop, it was independent and could legally only open five days a week (before even Saturday retail was permitted), but it was a six-seven day a week job running a business.  They sold a wide variety of publications from encyclopaedic non-fiction through to trashy paperbacks, through to comics, soft erotica, cards, stationery and even coal. It's a lot of work, and I'd be appalled if any state journalist entered their premises to interrogate them on why they are selling some books or magazines.  

This is the point. If TVNZ actually wants to engage in journalism, instead of engaging in a Maoist style witch hunt to find businesses that have the audacity to sell publications that it thinks is wrong, it could choose to either engage in an honest, balanced debate between people with diametrically opposed views, whilst being an honest broker.

However it isn't an honest broker, it's partisan. It should have just ignored the magazines at the airport, because the likelihood is they wont be around for long. 

It should have told Brittany Rose that bookshops everywhere sell books that some people find upsetting and offensive, and that maybe if she is that fragile she should just not buy the books and tell others to not do so, or write a blog post.  

Of course the irony was this story was broadcast the same night about Hong Kong authorities raiding the offices of Stand News for publishing a seditious publication.  No, NZ is a long way from that, but it is the same philosophical principle that someone is publishing something that TVNZ disagrees with, and that it should be accountable to the state broadcaster for it.

Maybe former National Cabinet Minister Simon Power, soon to be CEO of TVNZ, might do something to change this culture of finger-wagging school prefect style petty-authoritarianism.  Or will he, like so many on the "centre-right" just take his money, run it competently, and be too much of a scared little mouse to take on a culture that has been 30 years in the making.

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.




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.

22 January 2015

Page 3, libertarian techniques for authoritarian gains

There are two dimensions to the #nomorepage3 campaign that has been waged by leftwing British feminists against The Sun newspaper that I agree with.

Firstly, it is avowedly libertarian to ask, rather than force, a publication to not publish something you don't like, and to ask people to boycott it.   By and large the campaign has been about persuasion, not force.  However, that's about as far as that goes.

Secondly, I personally find the page 3 topless image in a newspaper to be rather dated and not so interesting.  If they disappear for commercial reasons, I wont care.

However, every other side to the campaign is quite odious, patronising and fundamentally Orwellian in its philosophical position.  The reasons for the campaign are claims that publishing images of topless women "objectifies" them, portrays the view that "women only exist as sexual objects and nothing else" or even that it promotes the latest trendy slogan "rape culture".

It is only when you deconstruct the reality behind the photographing and publishing of the image, and the alleged contribution to crimes that the insidious authoritarianism of the position is apparent.

1.  The opinion of the model is deemed irrelevant:  Bearing in mind that the women that appear in The Sun choose to do so, and apparently get paid rather well for it, it is curious that their opinions are dismissed by the feminist left.  In an almost archetypal example of the sort of "class-bias" that the feminist left sometimes rally against, these women are treated as though their views don't matter.   This is exactly what the feminist left accuse "the patriarchy" of doing, but they do it to the women who they presume are not university educated or who are complicit with the patriarchy (bearing in mind that the most radical feminists eschew men for political reasons altogether). 

Here are women, who through their own conscious volition (which the feminist left would stand up for in respect of many other choices regarding their bodies, like marrying another women, getting pregnant, not getting pregnant, having an abortion) choose to expose their breasts for a camera for a newspaper.  The women are not forced to do it, the newspaper is not forced to print it, and nobody is forced to buy the newspaper (and many others are on the market).  Of course, those opposed to "page 3 girls" don't buy the newspaper, which is entirely appropriate.

Even worse are some who will claim the model is a "victim", even though none of the models believe themselves to be victims.  This is classic totalitarian psychology, whereby you seek to convince someone who has made their own choices and decisions that somehow, someone has taken advantage of you and that your decisions were made fraudulently.   The "victims" don't understand that they are victims, and if only they understood the philosophical position of the protestors, they would realise they are being exploited.

Yet in this totalitarian world view, if the women don't accept that position and even actively argue against it, they are dismissed as being "victims" or worse, "sell-outs".  There is no scope for ideological plurality in their world.  At no point does the feminist left think that the point of view of the women posing really matters, because they look down on them and diminish their minds, in exactly the way they accuse men of doing.

2. They speak for "all women":  Frequently the claim is made that the image "objectifies women" or "makes them look like they are just sexual objects", on the basis that women never want to be seen that way or thought that way.  For those asserting this, it may be perfectly valid and indeed for most women most of the time, this may be true.  It is unlikely that most people want to spend their entire day being treated by others as a potential sex partner rather than whatever other roles they pursue in life.  Of course, the likelihood of this happening will tend to reflect how relatively physically attract someone is compared to others of their sex, and the demographic of those they interact with. Healthy, fit, attractive young women will get looked at by men (and some women) because they are sexually attractive.  Indeed, sometimes, some women dress and present themselves so they can be seen that way, they want, sometimes, to be seen sexually by men.  That's their choice, as appalling as it may seem to the feminist left.  Again, the feminist left would ignore women making that choice, or say they are obviously "victims", perhaps playing out "sexual abuse" they experienced from men.  However, once again, the totalitarian world view comes out that women should never be treated as sexual objects, and those that choose to do so, need help.   Women can't be free to choose to seek to be seen in whatever way they wish, they must fit the "accepted" range of the feminist left.

3. They seek to end thought crimes:  The end result of the proposed ban is to "stop women being seen as sexual objects", but of course the people they want to stop doing this are men.  They want to stop men thinking, talking and acting certain ways.  Certainly any libertarian would agree that anyone who assaults another sexually is behaving immorally and criminally. Beyond that, it is rude, condescending and stupid to treat most women like that most of the time.  Most employers do not tolerate it, and most women (and many men) quite readily patrol such behaviour.   This is entirely how it should be.  People should treat each other with respect, and it is entirely appropriate for people to campaign to change behaviour that is not criminal.

Yet the feminist left want to go further than that.  In seeking to "stop women being seen as sexual objects" they are seeking a sanitisation of human discourse.  You can see this overlapping with the strenous and successful efforts to regulate sexual behaviour on US university campuses, with the odious concept of "affirmative consent".

If you're unfamiliar with "affirmative consent" it is an attempt to regulate how individuals pair up sexually.  The intention is to reaffirm that just because a woman kisses a man, doesn't mean she consents to intercourse, and it is intended to confirm that if, during any encounter, a woman says no, then it should stop.  In itself, it is difficult to disagree with that intention, but its implementation and net effect is effectively sanitising every step of a sexual encounter by requiring that the man (it is always about men seeking consent from women, other couplings are not considered to be an issue) gain consent for every placement of his hands, mouth, genitals with a women.  "Can I touch you there..?" is required at each step, and at any point if he doesn't obtain consent, and touches her, it is sexual assault and it's all over.   The attempt to sanitise intimate human relations to the point that "can I kiss your neck" "can i kiss your breasts" "can I kiss you belly" becomes what is required at every step without a man being accused of sexual assault,  will kill it.  Particularly given that "affirmative consent" advocates seek such consent, on every occasion, regardless of the nature of your relationship.  If you cannot kiss another whom you have been in a steady loving relationship with for some time, without asking explicit permission, then it loses its appeal.  Indeed, it fundamentally undermines having relationships of trust and the expression of spontaneous affection, which many people enjoy receiving.

The feminist left want page 3 shut down because they want to control what people think, and what they do:
-  Women shouldn't consent to having photos taken of themselves with their breasts exposed;
-  Newspapers shouldn't print those images;
-  People shouldn't look at such images;  
-  Women shouldn't want to be seen as sexual objects;
-  Men shouldn't think of women as sexual objects.

If you deviate from this, you're either a man and so sexist and part of the "rape culture" (consider just what that actually means for those accused, but also how much that diminishes the agency of actual rapists), or you're a women who is either an uneducated "victim" or a traitor to her sisters.

So when it comes down to it, while I'm relaxed about whether The Sun publishes tits or not, I am not relaxed about the philosophy that drives those campaigning against it.  When Islamism, which threatens to treat women as chattels, continues to grow.  When women in the UK of minority backgrounds find it hard to fight misogny within their communities, because the left gives those minorities a "free pass" of "victimhood and disadvantage", you'd think the feminist left would have plenty of targets to focus on whereby women face actual violence.   The blindspots towards sexism within some Muslim communities is palpable, but remember the feminist left police the views within their community like Maoist Red Guards.

Instead, they cling to their 1970s campaigning, at a time when most people can find countless images of women naked online with a series of clicks, many of whom took the image themselves, so they could be admired sexually.

Unless they want to join religious fundamentalists in a new call for censorship of images of womens' bodies, the feminist left might be better just letting newspapers like The Sun, make their own decisions based on what their readers want, or if they think the models are exploited, convince them of the merits of their case.   Better yet, how about re-evaluating their entire philosophical premise - that women should all think the same as they do.

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

Where's all the Islamophobia?

Bear with me as I use the etymologically absurd word "Islamophobia" in the way that it has been misused by the mainstream media.  That is, to have it mean "hatred of Muslims" rather than what its etymology should mean as fear of Islam or those practicing Islam.  It's a nonsense word, but it has common usage so I'm running with it for now.  Literally, Islamophobia, as a fear, is rational for many....
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Just like with 9/11, 7/7 and every other terrorist attack in the West, the narrative that the so-called "liberal" left presents is familiar.  It goes like this:

1.  The use of violence is never justified and we empathise with the victims and their families, this should never happen again; but..
2.  We have to realise that US foreign policy and/or poverty and disenfranchisement and/or the plight of the Palestinians and/or anything else other than the declared motives of the terrorists, can incite these sorts of reactions.  If only we change those policies, we can stop this happening; and
3.  We must first and foremost guard against mass Islamophobia.  This isn't the fault of Muslims or anything to do with Islam, it's a perversion of Islam.

So after showing faux concern for terrorism, and blaming anyone but the perpetrators for it, the key concern is that there will be mass violence or threats against Muslims.

Tim Black at Spiked points out that after past events, there is barely any such response, and most of what is recorded involves abuse online, which while vile and inexcusable, is not anything like the pogrom of attacks Jews now fear in France.  

Quite simply, the numbers of people who blame other people for the actions of the terrorists are very few.  Most people reject the immoral notion of collective guilt, or in any way diluting or transferring blame for crimes from the perpetrators to those who had nothing to do with it.   In France, of course, there may be more reason for concern, given the popularity of the fascist Front Nationale, although it has tried to distance itself from those who would undertake such attacks.



After the Boston Marathon bombings there were loads of media panic about the“ignorance and prejudice [that arise] in the aftermath of a terrorist attack” and concern that Muslims in America would get it in the neck. But Muslims have not been assaulted en masse by stupid Americans in recent years, including in the wake of 9/11. According to federal crime stats, in 2009 there were 107 anti-Muslim hate crimes; in 2010, there were 160. In a country of 330 million people, this is exceptionally low. After the Lindt café siege in Sydney at the end of last year, there was once again heated fear on the pages of the broadsheets about dumb Aussies going crazy and attacking brown people. Nothing happened. No mob emerged. Muslims were not attacked.


Those warning against so-called Islamophobia may be well motivated.  Who can argue against calls for there to be no attacks against innocent Muslims or their property?  However, there is something more to all of this.  It's the application of the Orwellian post-modernist doctrine of structural identity politics, a theory that makes all politics and relations about power, and classifies everyone into pre-defined groups that either have power or don't.  

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

The BBC has already surrendered to the Islamists UPDATED

UPDATE: The BBC appear to have changed the policy outlined below

As Douglas Murray eloquently stated yesterday on the BBC Daily Politics show (hosted by the man who is now the BBC's eminent balanced journalist - Andrew Neil), what the Islamist terrorists (forget the mainstream media euphemism "militants") wanted to enforce with Charlie Hebdo was effectively Islamist blasphemy law.

They were offended by Charlie Hebdo's repeated publication of caricatures of Mohammed, and other parodies of Muslims (not paying attention for a moment to the parodies of Jews, Christians or numerous political and public figures of France and across the world).

Images of Mohammed in a magazine would get you, at best, arrested and imprisoned in almost any predominantly Muslim state.  There are quite a few non-Muslim states that also have blasphemy laws, including New Zealand.

In Afghanistan, Egypt, Kuwait, Pakistan and Saudi Arabia the punishment can be death, and in Iran people have been acquitted for informally enforcing blasphemy provisions by murdering those they "proved" had blasphemed. 

Of course, the Islamic State and the Taliban openly support the death penalty for blasphemy, and if we go back far enough in history, blasphemy was punished by death in the UK, against Christianity, until 1676.

The Islamists want to return us to the dark ages.  They are not murdering out of a random desire for hatred, nor are they avenging Western involvement in wars in Iraq (which France did not participate in) and Afghanistan (which France had almost no involvement in), they are seeking to impose sharia law.

They achieve their aims by these sorts of events, and the previous attacks on the Danish newspaper Jyllands Posten.

It creates a climate of fear, fear that if you do offend those who want sharia law, they will enforce it.

So what happens is that they get what they want.  

That is exactly what the BBC has done (and many other media outlets).

I pick on the BBC for some obvious reasons:

1.  It is state owned.  As such, it is meant to represent the UK, as a whole and embody the ill-defined values of the country.  

2. It projects itself as a bastion of objectivity and balance.  Although plenty will accuse of it bias (and it has an inherently statist bias, rarely taking the view that government should do less), it still has some credibility internationally, particularly with the BBC World Service, in not being afraid to take on those who would censor opinions and information that offend them or disadvantage them.

3. It is the dominant broadcaster in the UK, with the biggest audience across over eight TV channels and dozens of radio stations.

4. It enforces, with criminal punishment, payment by all British households with a TV, payment by force.  We are all forced to pay for the BBC.

The BBC's editorial policy states in its guidance on "stills, photographs and images" that "The Prophet Mohammed must not be represented in any shape or form".  

What is that if not appeasement?  It isn't that representation should not be undertaken if it is intended to be gratuitous.  It is absolutely blanket prohibition on even showing an image that is the source of the offence for the terrorists.

It is as if the BBC simply has agreed with the Islamists, and is, internally, enforcing its own form of self-censorship applying the sharia law that the Islamists are seeking to impose.

So have the terrorists won, if the UK's dominant, state owned broadcaster, enforces the censorship they want?


Maybe, just maybe, the tide may be turning.


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?

20 August 2014

UK porn laws ban some comics

The death of Sir John Mortimer, barrister and writer, best known for writing the Rumpole of the Bailey radio play and subsequent television series, brought memories about his great fight for freedom of speech. His battles were many, the album "Never Mind the Bollocks" wouldn't have the word "bollocks" if he hadn't defended Virgin Records in court against accusations of obscenity. Mortimer famously engaged in a debate with well known moral evangelist Mary Whitehouse, and John Howard (then future leader of the Conservative Party) on free speech, citing how basically those who call for censorship think those who censor wont be harmed, but they are protecting the mass of the population, who are considered imbeciles.

However, the UK doesn't learn. As two pieces of legislation have taken it further.

The Criminal Justice and Immigration Act has make it illegal to possess "extreme pornography". What is that then? It is extreme images which were produced solely or principally for the purpose of sexual arousal.

Que Horreur! Sexual arousal? How dare THAT happen - not in BRITAIN.

14 January 2010

Google says no to the Communist Party of China

Google's enormous success as a company offering a search engine and advertising related to it has given it dominance in how people search the internet. A dominance that has upset governments, some of whom are keen to kneecap overly successful businesses (think of anti-trust/competition law agencies, none of which have learnt from the absurd attempt to kneecap Microsoft, only to find that Microsoft itself is facing both competition and the disadvantages of being too big), but others don't like the internet because of it facilitating a free flow of information and media.

Every new communications and information technology has seen responses from vested interests seeking to restrict or ban it. However, they have also proven to be the unlocking of freedom, a check on bullies, charlatans and authoritarians of every bent. It is no surprise that the Nazis engaged in public book burning, that communist Romania banned typewriters unless they were officially approved, registered and their typefaces customised so the Securitate could tell whose typewriter had produced a document.

Whilst the Nazis were the first to extensively use radio broadcasts to rally support across the nation, the discovery of shortwave radio meant that people in authoritarian regimes could get news from free countries. So the Soviets and even today regimes in China, Cuba and Iran still attempt to jam inbound radio broadcasts from the likes of the BBC and Voice of America. North Korea simply produces radios with no tuning dial, with the capacitor preset to the single state radio station.

Television became a key platform to inform East Germans of what life in the West was like, and news from a non-Stalinist perspective, with much of East Germany able to receive West German terrestrial television broadcasts. Satellite TV more recently has made major inroads across the Middle East, Asia and Latin America. However, entry into that market in China has been done respecting local censorship laws.

However, the internet has become revolutionary. As anyone online can produce content, and the content accessed is up to the person online, its scope is ubiquitous and all encompassing. However, unlike broadcasting, the internet is also an essential business tool. Email is now vital to the productivity and sales of many businesses.

In the mid-late 1990s I attended several intergovernmental meetings which discussed "regulating" the internet. At the time Saudi Arabia had banned it, because it had no idea how to handle content that was blasphemy against Islam and anything of a sexual nature. What was made abundantly clear is that with the internet comes freedom of choice, although some countries were and still are engaging in grand firewall projects.

When Google set up google.cn, it agreed to respect the censorship policies of the People's Republic of China. Google argued that participating in the Chinese market would be more positive for free speech than ignoring it. However, whilst Google would explicitly not include certain results in its google.cn searches, it was clear savvy users in China could find ways around this.

Since then, the Chinese government has expressed concern that Google facilitates access to pornography, and has called for Google to step up measures to help with its censorship efforts. It is trying to pursue an endless game and losing.

So the announcement by Google that it will pull out of China unless it can provide a free open uncensored service is astonishing. It has justified it on the grounds that there have been hacking attempts at Gmail accounts from China, and presumably it has little recourse to the Chinese authorities to prosecute this. However, it is a brave move in the country that has now got the largest number of internet users in the world.

Google has apparently stopped censoring google.cn, which must be causing great angst amongst the Chinese government and the Communist Party. Previously censored articles and images of Tiananmen Square, critiques of Mao Tse Tung and support for Chinese dissidents, Taiwan and indeed much porn will now be easily accessible.

More important than that, Google has let all users in China know of its policy. It has called upon the 300 million or so Chinese internet users to note what their government is doing, and how Google will walk if things don't change.

It is a calculated risk. In China, Google is not the leading search engine. A local variant, Baidu, (a blatant copy) is. However, it will not take long before its users learn they can access what was previously forbidden. Google risks losing advertising revenue in China, now the world's second biggest economy. Yet Google also will gain publicity elsewhere and support from millions in the free world.

So what is the likely response from Beijing? I suspect it will seek to wave Google farewell and seek to ingratiate itself with Yahoo and MSN. It is terrified of free information, protests and calls for political reform, so will itself seek to block Google. After all, the odds that millions of Chinese will revolt over this is low. Yet it will put a stumbling block in the growth of the internet in China.

However, kudos to Google. It will have declared its hand as being the search engine for a free world, it will have shown how a private company can frighten the world's largest authoritarian government. After all, look at how sanitised this report from Xinhua (the Chinese state news agency) is about the issue.

Peter Foster, the Beijing correspondent of the Daily Telegraph says: "Interestingly, for all the nationalism and anti-foreign sentiment that typifies China’s more vocal netizens, the majority of comments on Chinese web discussions forums seem to be extremely worried about what Google’s potential pull-out signifies for China in the longer term."

China has made massive progress though its own hard work and ingenuity, but it has also leant heavily on a global knowledge economy whose well-spring is the free-flow of information.

Google is a potent symbol of that idea and while China can get along just fine without Google in the short-term, a decision to shun Google (which at this point looks the likely course) would expose the inherent limits of the Chinese ‘miracle’.

Yes, the relative economic freedom China has experienced in the past 30 years has been matched by much less individual freedom, particularly when it comes to holding government and more specifically the Communist Party to account. It would appear that the Communist Party can no longer demand obedience and surrender by foreign companies seeking to reap rewards from the ample Chinese market.