[governance] critique of the IBSA proposal

[Ivar A. M. Hartmann]

I think you misunderstood me Paul. I don't oppose gov involvement, I oppose
a push away from whatever we have now to exclusive gov involvement. I'm
obviously pointing to multistakeholderism (this message shouldn't be that
hard to understand in a group like this, where this concept has been
exhaustively discussed).
Plus, as someone who has been doing research on and teaching fundamental
rights theory for a few years, I certainly acknowledge the role played by
the Judiciary in curtailing temporary, abusive, majority interests. With
regards to Brazil, private parties, not just the state, are bound by
fundamental rights (an influence from German constitutional law that the US
is sadly light-years away from). Therefore the employee-making-boss-jokes
example wouldn't play out quite the same there!

Rui,
as you probably know legal interpretation is not an exact science, so we'll
have to agree to disagree on what precisely was forbidden by that section.
But the fact is that the Supreme Court did bother to suspend it and the
press and mass media were concerned about - whenever you have a restriction
on speech that is highly likely to be interpreted as an outright ban, people
will engage in self-censorship in order to avoid litigation costs. This can
be considered *de facto* prohibition and the fact that you have come up with
a different interpretation to that section in the law will do little to
change this situation.
Best,
Ivar


On Sat, Sep 17, 2011 at 20:51, Paul Lehto <lehto.paul at gmail.com> wrote:

>
> On Sat, Sep 17, 2011 at 4:56 PM, Ivar A. M. Hartmann <
> ivarhartmann at gmail.com> wrote:
>
>> I would by default oppose a global body of IG run by gov representatives
>> which is either suggested by Brazilian gov or influenced by it in any way.
>> Just as an example, Brazilian law prohibited people from making jokes
>> about politicians running for office during election periods. This was in
>> force up until a year ago until the Supreme Court (not Congress, mind you)
>> decided to put an end to it.
>>
>
> In the public sector (government), at least a Supreme Court, as in the
> Brazilian example above, can correct a policy.
>
> But, in the private sector there will be no such correction, *ever, and
> they too have "no joking" rules.*
>
> Using employment as an example, private sector bosses often have rules of
> "no joking about the boss or the boss's interests or you will be fired".  In
> every country I know of, such private sector "no joking" rules are
> enforceable law.  Not only that, but there isn't even a reasonable chance
> that the power of the private sector boss to prohibit satire and joking will
> be open for *debate* anytime soon, much less that the ban on private sector
> joking would change.  But *in Brazil's government, the no joking policy
> changed, *thanks to the Brazilian Supreme C*ourt.**
>
> Even internet providers terms of service will have non-disparagement
> clauses and the like.  So, if you are effective enough ridiculing something
> important to the private sector internet provider, you can have your
> connectivity terminated.  If your anti-telcom humor is ineffective or no one
> listens, I grant that you may have an illusion of "freedom" and you might
> not be terminated.  (That's just the freedom to be irrelevant, not the
> freedom to joke about or satirize the telcom.)
>
> To oppose all government involvement is not only completely
> anti-democratic, but in the case of the "freedom to joke" it is like going
> out of the frying pan and into the fire.
>
> *--
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-4026 (cell)
>
>
>
>
>
>
>
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