[governance] Taking down a site [was: beijing ticket scam]

Milton L Mueller mueller at syr.edu
Wed Aug 6 10:02:18 EDT 2008


> -----Original Message-----
> From: Lisa Horner [mailto:lisa at global-partners.co.uk]
> 
> Echoing Ian, I wonder if it would be worth filing a complaint with the
> South African Human Rights Commission?  The SA bill of rights states
that
> freedom of expression doesn't extend to "advocacy of hatred that is
based
> on race, ethnicity, gender or religion, and that constitutes
incitement to
> cause harm." Is this supported by any other legislation in SA?

Lisa:
As Rui herself said, the site does not contain incitement to harm. It's
political speech: an old and defeated racist party publicizing its
views, which of course are pretty stupid. 

I'm sorry but I don't see anything here but an attempt to suppress
expression that you don't like. The problem with the website is just
that she, and you, disagree with it and find it offensive. 

Let's be honest about this.

Rui:
> I am personally a defender of freedom of expression. However, like any
> other right, the right to freedom of expression has limitations, such

How many times have I heard this? Exactly what the Chinese state and
everyone else interested in censorship says. They all "support freedom
of expression," except when someone says something they feel threatened
by or strongly disagree with.

That kind of "support" is worthless.

The underlying message is clear: you are saying "if I don't agree with
what you say, I have the right to use force to suppress you." From that
point on it's just a political competition to see who or what gets
suppressed. I don't see any difference in principle between this and the
attempts of, e.g., Islamic fanatics to kill Salman Rushdie or Ayaan
Hirsi Ali for their heresies. Insulting the prophet or criticizing Islam
is, in their world view, just as reprehensible as racism is to you.
Perhaps even more so. 

What's bizarre and disturbing about this is the appropriation of "human
rights" terminology by people who clearly just don't understand the
moral, political and philosophical basis of free expression. 

At least when radical Islamists or Chinese authoritarians suppress
speech, they don't say they are doing it in the name of "human rights."
This misappropriation is far more dangerous than a clear authoritarian,
because at least you know what the dictators are up to.

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