Is Freedom of Speech Dying in the UK? Perhaps Steem is more important than we realize...

in #steem7 years ago (edited)


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Ok many of you know I live in China, and that I'm a British citizen. I've had many an argument with Chinese here who insist, absurdly, that they enjoy more freedoms than the west, giving examples like police brutality in the USA and Donald Trump being President.

I often touted England proudly as an example of freedom and diversity; people can vote, people have equal opportunities, equal rights, freedom of speech, the list goes on.

But since leaving England back in 2010, I've heard little news stories passing by, sneaking through the cracks, things that mildly annoy people but generally just something to joke about at the pub.

These news stories that broke out were typically porn related such as how the UK banned sexual acts such as peeing on each other and face-sitting in porn.

So now it's illegal to produce porn related to whipping, spanking and female ejaculation, alongside a whole list of other things considered 'not nice sex'.

Ok so this was shoved under the rug, alongside numerous bizarre laws such as the recent porn law requiring your credit card details and a call asking for permission to use porn (Details are fuzzy and I can't be bothered looking it up but the general gist is accurate).

So what does this have to do with freedom of speech? Not much, other than how the legal system appears to be receding back to a more draconian time, ever so subtly, in ways that people only really joke about. I wonder if joking about these things will become illegal one day.

Ooops, they already are!

Count Dankula

As of about 2 hours ago, 'Count Dankula' was convicted of 'being grossly offensive' for an online joke, and is currently having his sentence heard. It could be up to a year in prison for his 'crime'.

For those who aren't aware, Count dankula, a YouTuber, trained his dog to do a Nazi salute whenever he said 'gas the jews', in a prank attempted to annoy his girlfriend, and he put it on YouTube.

Now, even though nobody out of the 3 million who watched it actually made an official complaint, this could be seen as massively offensive by people. Failing that, it could just simply be unfunny or tasteless. Or it could be hilarious.

Different people are going to see this in different ways.

But illegal?

Consider Ricky Gervais, who has just released his latest netflix stand up show. He makes jokes about kicking dead babies, transexuals, murdering children with food allergies and having dinner with Hitler. It wasn't his best work in my opinion but I got a few chuckles out of it here and there.

Why isn't he going to prison? Gervais has made jokes far more offensive than those above. In fact, his goal in comedy is to offend people. So, do we pick and choose who to imprison based on whimsy?

What about Richard Dawkins and Stephen Fry who openly denounce religion and call it out as child abuse and a despicable act of malicious hatred, or @tjkirk who tweeted that Lara Croft's breasts in the new movie should have been bigger, causing outrage internationally. Are they going to go to prison or get banned when visiting the UK?

I was wondering at which point it become written in law that it is illegal to make jokes. The court apparently took into account Freedom of Speech in this case and simply said it doesn't count here because it was an offensive joke - that was their argument, though it's too early right now to know the details.

So I had a brief look into the hate speech laws, and it's quite alarming how many parts written can be manipulated to make almost anything we say illegal.

Hate speech

It may sound like the slippery slope fallacy I'm doing here, but there's real reason to believe that the UK is heading in the same direction as China's dictatorial control of human thought and freedom.

Hate speech laws in the UK are statutes that differ slightly around each nation, but generally forbid:

'Expressions of hatred toward someone on account of that person's colour, race, disability, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation'.

Grey area 1

Although I believe everyone has the right to speak whatever they please, be it racism, sexism or otherwise - because you know, it's a 'right', not a 'privilege' - there's one from that list that sticks out; religion.

Religion, to be clear, is an ideology. This means it's an idea, a belief that one chooses to be a part of. It is not a race, a gender, nor a nationality, and it should be criticized. It should be denounced and argued against and insulted, in the same way that it should be argued for if you agree with it. That's why debate exists.

But when referring to Jews, one could point out that they are both a people and a belief system. So is it automatically hate speech and thus illegal if one makes a joke about a horrific time in Jewish history, based on the premise that it's a race-based joke?

Grey area 2

The statue continues with:

'Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden.

A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—

(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

''Intended to alarm or distress... ANY communication.*

'Racial hatred is likely to be stirred up thereby'

To me, this sounds like YOU can go to prison if you say something that might make racists more actively racist than they already are, but you can also go to prison if you hurt somebody's feelings directly. Correct me if I'm wrong here.

So what happens when I take offence to Sharia Law? Do I get to send some Muslims to prison?

What about political voices that are against opening the borders to millions of immigrants? Are they to be suppressed and censored on their way to a year of hard labour?

To be clear these aren't particularly my views, just examples. I'm typically fairly politically left myself.

But what if I wasn't? Could I get arrested, can somebody be banned from the UK for wanting to open a dialogue about these right-leaning issues?

As it turns out, YES!

Laura Southern

So I don't know this girl much but she's apparently some political activist I think from Canada with some possibly far-right political views. I don't know and don't particularly care.

But the UK does. Despite having no criminal record or violent history - but strong opinions - Southern was taken aside from entry into the UK, detained for over 6 hours and during that time, threatened and interrogated with scare tactics such as demanding to get into her phone lest they lock her up for a week until they can break in manually.

Eventually she was freed, but banned from the UK before she even entered. What was her crime? She planned to meet up and talk about 'far right' issues with somebody.

At first glance this could simply be her twisting a story to suit her agena, this could have been a deliberate tactic to raise awareness of her political goals. But what came out of the reports was an interesting response:

Border Force has the power to refuse entry to an individual if it is considered that his or her presence in the UK is not conducive to the public good

Put another way, the Border Force have legal power to ban people from the UK for having opinions that don't match the current political views of the majority of people. This is not a one-off.

Another person, a far right anti-islam group founder was also deported and banned from the UK.

You might think 'well they're extreme far right bigots so I say good riddance'. But you must see a problem with this.

Sure, it might suit you personally right now, because you may personally despise these people. But being a 'Far right bigot' is a political position nonetheless, and there are legitimate yet small political parties fighting for these positions in the UK - they do have support.

In contrast, being 'far left' is also a political position, in which you start seeing proponents of anarchy, socialism and communism.

Do these peoples' opinions have less equality than yours? Are they to be suppressed by the legal system, by the current government in power so to highlight the current narrative that suits them?

What would happen if a cultural movement happened over the next few years where the British start adopting far-right views? We've already seen a big shift to the right in Europe and the world in general with the fear of mass-immigration and the spread of Islamic terrorism. If the UK, 15 years from now votes for such a party, would it then be illegal to promote far-left views?

At which point does hate speech switch over to the other end of the spectrum? At which point does an opinion currently illegal become acceptable? When will it become illegal for a speaker to enter the UK with intentions to talk to far-left political individuals about socialism and anarchy? Who decides this?

Going back to Dankula's case, will I be able to send people to court for verbally insulting me for my personal beliefs that cats go to heaven but human's don't? That's an ideology, after all, a belief. Just like Islam.

These are questions I legitimately want to be discussed here on STEEM, because I wonder if I were to gain any public traction on the matter on Facebook or Twitter, I could get censored and arrested.

It seems the UK is approaching an age in its life where thought can be criminalised and jokes can be arbitrarily given a years' sentence in prison.

Conclusion

I don't really know what the conclusion is. With a crackdown on hate speech showing individuals arrested or heavily fined for 'being mean on the internet', individuals banned and interrogated for having a political view that might concern some people, and even evangelical Christians being arrested for their anti-gay views, how many of us are actually breaking the law, yet to be caught by the police?

What if they find out about your particularly kinky sex tape that you sold to a friend?

Most of the details under 'hate crime' seem somewhat justified; murder, sexual assult, theft, criminal damage.

But there's just one outlier that is leading the UK in my opinion the wrong direction: 'causing alarm or distress'.

Without proper defined boundaries as to what consistutes as an actual, legitimate crime that provably psychologically damages an individual, we're left with the conclusion that literally anything that upsets any single individual is considered a felony, religion can not be criticized, and political dialogue is suppressed.

This isn't a slippery slope fallacy, it's evidently happening.

What do you think? I know there are other sides to the story, but I can't personally see how a harmless joke, or a peaceful political activist can justifiably go through this legal shambles.

Steem is more important than ever.

I read a very disagreeable news story about Dtube and Steemit the other day from polygon that described Dtube as a haven for YouTubers who are extreme right bigots and white supremacists.

What is actually is, is a place where white supremacists, anarchists, feminists and Muslims can all be heard on equal footing. If white supremacists are drowned out with flags and made to give up their attempt at a career there, the people have spoken. NOT the legal system, NOT the company.

This is why I think in the coming years, Steem - or platforms like it - are going to be a critical and pivotal point in the evolution of social media.

Sort:  

I have been following the Count Dankula story for two years now. It is a travesty that they took so long to reach a verdict.

I have also been following the James Damore case as well. Another example of being punished for wrongthink.

1984 was not meant to be a howto guide.

Oh man I hope damore gets everything that's coming to him, as in, millions of dollars and a public apology. Perhaps you're aware of PSA sitch? If not he covers the story really well and in a rather amusing, well produced fashion:

My text in this post seems to be invisible for me. In case its the same for you I wrote this:

Oh man I hope damore gets everything that's coming to him, as in, millions of dollars and a public apology. Perhaps you're aware of PSA sitch? If not he covers the story really well and in a rather amusing, well produced fashion

I agree in many things, but I think you forgot one key point: Steem is not outside the law. Ppl who post content that is considered illegal are harder to track down in a decentralized system, this is true. But how will states react should illegal content go rampant here? Do you expect them to back off just because there's no owner to be sentenced?

I fear they will do what they've done before in such situations: they'll try to block the system. And while they can't block the blockchain for obvious reasons, they could block steemit, dTube, msp, steepshot, zappl, esteem etc etc., which would still do enormius damage to us all.

Thus, I think it's in our interest to flag the shit out of the stuff that is clearly illegal, starting with child porn, but also some of the right-wing extremist stuff that calls for violence.

The general way the right wing operate is to not overtly express a call for violence or anything associated with that. Their entire thing is about being so incredibly well drilled at walking the line that they cannot have the finger pointed at them. Suggestion, misinformation, implication - anything is fair game. With this in mind, it becomes less about an individual who says a singular “bad thing” (if you’re going around shouting I’M A BIG FAT NAZI, you’re obviously going to be canned quicker than anything in history, so they’ve learnt not to do that), it’s more about them using the grey area to operate in to stir a movement of increasing force.

Flagging is also fundamentally flawed. Have enough SP or enough sponsors around you with SP to support you and you are invulnerable. Look at Haejin. That is one single person and the community is unable to do a single thing. Imagine trying to stop a cohesive movement from enacting their will. And they absolutely would.

One of the greatest tactics they have to their name is to reframe their opinion from “I have shitty opinion that is designed to oppress and actually harm individuals for my betterment” into “why am I not able to express my shitty opinion?” Reframe anything as a case of Freedom Of Speech and you’ll have an ardent army of defenders.

It is far from black and white. You have to look at individuals, understand what exactly their motivations are. It’s pretty easy to see when someone is being a contrary argumentatist that works in bad faith against people who are doing their best to work in good faith. It’s a weird world where people actively attempt to do good things for others and will find ardent opposition ready to push them back down.

There is substantial left-wing stuff that calls for violence; more so now in the US than right-wing - look at Antifa. They've gone so far left they're on the right again.

But anyway, It takes a lot of resources to fully censor something on the blockchain. It took the FBI millions of dollars and years to shut down Isohunt, which came back online anonymously with all data intact within about 48 hours. The Pirate bay did the same and Sci-hub has so many domains around the world it's practically impossible to put an end to it.

Sure, they find the owners and put them away, but like Isohunt, other, unrelated people pick up where they left off and make a martyr out of them. It's a self-defeating process for the legal system.

This is obvioulsy a bad thing regarding actual illegal content, but a good thing for those who feel their very legal voices are being misrepresented and suffocated, such as 'extreme right wing' people who are more often than not people who constantly state their stance as 'pro choice, pro gay marriage, pro freedom of speech, pro gender equality' and so on, but they typically have a very real concern with one issue, such as immigration, that the left jump on like a wild tiger before writing 'NAZI' all over their faces.

Places like YouTube and Google in general are becoming a danger zone for people who have any opinions that can be concievably controversial, which is totally in the rights of the company. They are free to censor what they want being a private enterprise. But the blockchain has no political voice other than the people that populate it.

So although the law will eventually make real efforts to take down illegal and damaging content, they aren't about to spend millions of taxpayers money shutting down websites full of potentially disagreeable-to-some but otherwise harmless opinions that can just pop up five minutes later under another guise, and with no political leaning companies controlling the blockchain, this is about as good as it can get

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Sad to see how most of the world views free speech. They get terrified of words and so they try to stop them and that breeds more resentment and pressure. I feel humanity learns a lesson then forgets it all too often.

Why learn from history when all those who lived it are dead? What did they ever do for us, anyway??

I don't have enough likes for this.

Shouldnt have sold your soul to the devil

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I am beyond fucking mad that he got convicted for this shit. That judge should never have been a fucking judge if a silly video is going to offend them. Sets up such a bad precedent, I really have to say I think freedom of speech is a dream at best for pretty much all Western European countries anymore.

From what I know the US is the last stronghold, and though the people are adamant on removing freedom of speech to those who disagree with them, the constitution seems to be holding up, for the most part!

It goes even further than that. The fact that I joined Steemit almost a year later than I've heard about was because of hate speech. I bet those who wrote the articles haven't even tried it, yet they had so much to say that it is full of hackers and you don't wanna be part of it. In the same manner, many ideas are attacked and shut down before one can even explain them. That's why we need platforms like this.

I have come across a few critics who haven't actually tried it yet. I think this is because there really is no way to describe steemit or steem in a way that doesn't ring alarm bells, especially when its so legitimately flawed and underdeveloped as it currently is. What can you say?

  • Get paid to post (but also get flagged and your money removed)
  • uncensored (but your stuff can be greyed out and reputation destroyed)
  • State whatever you like (but be aware that flag wars can ruin you)
  • decentralised (but steemit itself is cecntralised)
  • people are nice (only to get upvotes, and actually some of the biggest users on the platform are constantly bickering and abusing each other for everybody to see every day)
  • Still in beta so it has a lot of potential (has been in beta for over 2 years with no sign of ever leaving beta, and progress has been slower than any other online progress ever seen)

And so on...

lol

Without going into the vast political / belief structure chat, one thing I do know is that for over 10 years now a point of law has been that "It is not what is said, written or shown, nor the intent of what is said, written or shown, but it is in fact the response from the person receiving the information the has over all importance." So for example if I said to you, "He's been working like a dog" you could of course take that as meaning that he has been working hard, as most working dogs work to their last breath if need be. However, you could take it that I meant that he was a 'user of women', as is a literary slang use for the phrase. If you were African or Asian you could take it that I was insulting him directly as many 'whites' still call our darken skinned brethren dogs when race-hate fights break out.
I was once minute-taker to a serious allegation at work where a Caucasian guy said something within earshot of a dark skinned Moroccan. The latter took offence. The former said it was neither directed at or about said 2nd party nor was it said as an insult, and indeed all but the one person couldn't fathom how it could be an insult, yet the 'offender' lost his job because IT WAS PERCEIVED to be an insult by the 'injured' party.
So yes, there are laws to prevent us from saying what we believe, what we think we believe or in fact anything other than mundane pleasantries in case some one somewhere 'feels' a comment was ''Intended to alarm or distress...
We're no more free here nowadays than you are in a lot of ways.

Another example is in art - short version, not so famous artist paints nudes. His work has now been banned from the internet and social media platforms because his art shows pubic hair, which is deemed offensive to many (though no one had seen any complaints). The statue of David has pubic hair but it's a rich man's classic.
And so on it goes.....

There are indeed countless examples. I fear that the more we've been protected and comforted in this age, which is the safest, healthiest and wealthiest time in human history, the less we are actually prepared for cognitive distress, the less our minds get trained to simply walk away from things you don't agree with.

As we get more and more coddled there may be a peak where a political leader can take advantage of this and lead the nation very much in the direction of China for the 'protection' of the people.

This is a narrative that China itself actually say, repeatedly stating that the Chinese people 'aren't ready for democracy', and point at all the badd stuff that happens in democratic countries as proof, like protests and donald trump. Whenever any bad news happens in democracy, China and its media joyously jumps on it to further prove that their communist authoritarian regime is the only way to do things.

So it's really not that far fetched, especially given how much China is expanding globally now and how much the UK is sucking up to them because money. In fact, China has directly influencing the EU and other places like Australia n very active ways, something I'll write about in another post, but has basically literally shaped the political outcomes of various proposals

Hard to be a first world country and not protect free speech. US is the only country with it as an guaranteed. Also one of the only places with the 2nd amendment. Just saying.

Yes, one of the final strongholds, it seems, but I do sense some strong attempts to change that. Only time will tell

They will try. Can't take the guns here, or lock up people for speech.

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