Showing posts with label freedom of speech. Show all posts
Showing posts with label freedom of speech. Show all posts

11 January 2011

Here we go again...


Hope that you’re all having a great new year, folks.

Like a festering wound, this one has been annoying me for a bit, but I thought I’d put this out there and see who bites. With Wikileaks now relegated to the pages in the middle of the newspaper (at least where it doesn't relate to Julian Assange's extradition problems), I thought I’d come back to a subject that I really don’t understand at all: Freedom of Speech.

Yes folks, Freedom of Speech.

One of the things that I find interesting about this topic is the sheer unmitigated drivel that people utter whenever this topic comes up. Me included. But I live in the forlorn hope that someone will find something to correct me on this. So far, it has been a stretch.

07 July 2008

The art empire strikes back


One of the things that we learnt from the recent Bill Henson controversy is that there appears to be an orthodox position that artists assume on the the whole "What is an acceptable image?" thing.

That position has been characterised with a great deal of effort by artists in saying, "There has to be exploitation," for an image to be deemed unacceptable.

So what happened this week? A magazine called Art Monthly Australia has run a cover with a nude 6 year old girl on the front. Ostensibly to make a point about the Bill Henson controversy.

I'll be the first to admit, folks, that this country, and perhaps a lot of the western world is a smidge hysterical when it comes to pornography involving children. I don't actually believe that the connection between child pornography and paedophile behaviour will ever be found.

And the requirement for a nude photo to be exploitative in order for it to be porn is so goddamn subjective, I'm actually concerned about pretty much all artistic behaviour at this point.

Having said all that, doesn't it appear to the average onlooker that a 6 year old (she's now 11) has been exploited in order to make a point?

Doesn't this mean that Art Monthly Australia has crossed the line with a flying leap and is therefore guilty of child exploitation?

More to the point, given that this photo was made by the child's mother, doesn't this make her complicit in child exploitation?

After all that, the Prime Minister, Kevin Rudd has waded in after spotting a way to appeal to the lowest common denominator by exploiting our anti-child pornography hysteria. Is he guilty of exploitation by milking this in the theatre of public opinion?

(My 2c: We thoroughly deserve exploitation over this)

Last but not least, in The Age today, the artist's husband (who just happens to be an art critic at The Age) has weighed in and criticised the PM for speaking out on something that he doesn't know any thing about, namely art.

This is all fucked for the following reasons:

1. The guy is a major art critic for a major Australian daily newspaper. Therefore, venturing any opinion, explicit or implied in his wife's work has a conflict of interest. He simply cannot occupy the aggrieved husband's position and therefore has to keep his mouth shut.

2. His comparison of this fiasco to the greenhouse effect is quite possibly the worst hyperbole ever by an artist:

"It's interesting that if the Prime Minister comments on, say the greenhouse effect, he gets expert advice first," Monah (sic) University Associate Professor [Robert] Nelson said. "I would like to know which art expert advised him on this."

3. "I would like to know which art expert advised him on this." An ad-hominem attack is not beneath this guy, even though he's an art critic and a university professor. Furthermore, if he's comfortable implying that the PM is a philistine, then what hope is there for the rest of us art consumers?

4. Nelson wears many hats during this which doesn't help. Hiding behind his academic one does him no favours, although Margaret Cook of The Age should take most of the blame for this. Attempting an argument from authority is a somewhat ham-fisted approach, n'est-ce pas?

5. Dissecting the above quote further, we now have evidence that the arts world, or at least the visual arts world, sees the consumer as an inconvenience. The performing arts do not. Theirs is a world where the consumer is king, whereas in the world of visual arts, the consumer is treated pretty shabbily when the artist refuses to consider their own audience.

6. Further to 5, as an arts consumer, I frankly (by and large) don't care about the artist's intention. I'm concerned with how visually appealing an image is. What's lost on Associate Professor Nelson is that most art consumers feel exactly the same way. And some of us are sick of being dictated to by those who think that they know better.

If there was ever any more evidence required that artists have lost touch with the rest of us, it is this. Ironically, it is on an issue where the rest of us have lost all sense of perspective (I speak of society generally) and become hysterical over the merest suggestion of someone getting their rocks off on kiddie nudity.

02 June 2008

An open letter to artists everywhere


Oh man, this could be controversial. I risk being misunderstood, but, well, that's art for you.

Dear artists.

I've been reading avidly in the media about the Bill Henson affair, and realised that I don't like you very much.

Henson, I'm sure that you recall, may be charged with certain crimes for taking nude photos of young children and attempting to profit from them. Some people might call this porn, but Henson, and some of you, appear to think that because Henson did this as art, it's fully justified.

Personally, I'm staggered at the disingenuity of your assertion that Henson's photo's can be defended on the grounds of "art" or "culture", when you had a veritable arsenal of stuff that you could have used to defend this. Freedom of expression is one. Realism is another, given the fact that 13 year old girls are occasionally nude.

So strange as it may seem, you went and chose the one excuse that really shits me about art and artists, and the weakest and least defensible of the whole lot: Anything done in the name of "art" is apparently OK all round as far as you lot are concerned.

You are a pack of complete fucking idiots.

What's more, you are a fraudulent pack of complete fucking idiots. You're quite happy to defend Henson, because he seems to be well connected amongst the tortured artistic milieu. Yet for years, photographers in the porn trade have been ridiculed by you lot, mainly because they lack the airs and graces that define your artistic stereotype, which you only seem too keen to conform to.

And what's more, I'd say that there is someone busted for kiddie porn once every couple of months and sent to gaol in this state alone. When was the last time you defended their art? You disgusting hypocrites.

You defend Henson, because you contend that "art" was his intention. You complete bunch of nob ends.

It's quite possible that art was his intention. But so what? Society's laws and values, sadly in my opinion, aren't based upon intentions, with the exception of some. Like the ones in this case that mean that Henson probably will escape prosecution. Yet I don't see you campaigning to see other laws brought into line.

In France, a trader is awaiting charges based purely on the consequences, not the intentions of his actions. Where were you during this, eh? When did you speak out against his charges?

Thanks to you, we're now likely to get a barrage of kiddie porn thrown at us under the guise of "art". It doesn't take a genius to see that any porn photographer wanting to profit from exploiting nude kiddies will now just throw up a gallery somewhere and stick up their photos which might not only involve kiddies nude, but possibly "doing stuff" as well. Fuck you.

It goes further than that. I heard not long ago about people having their cameras confiscated on Australia's most famous beach, merely because they might have been photographing chicks in bikinis. I didn't hear a single one of you complain about this. Maybe if they'd uttered the word, "art" they would have been able to keep their cameras. You sanctimonious morons.

What, you don't like my "thin edge of the wedge" argument? Well, why the hell are some of you content to trot it out then? I watched the news tonight, and I saw some of you complaining about the potential for increased censorship across the board as a result of this.

Yet none of you complain about existing censorship regarding porn. For that is what Henson's art is.

I have to laugh, whenever I hear some of the lame excuses trotted out by you lot. So the children's parents consented. So what?

Ms Jones, I like your work. You paint nice. And your 15 year old daughter would be considered technically nubile in some cultures, but not here. So why are you defending Henson's work on the parental consent line? Didn't you tell me that you recently told your daughter to stop pleading with you to allow her to have sex with the young brickie next door who she's been flirting with outrageously? Why won't YOU provide consent? Because you can't legally?

Well then, Ms Jones. Why aren't you campaigning to have the laws changed so that you can? After all, you're happy to defend the parental consent line in Henson's case.

"But it's not sex," you say. So what, Ms Jones? You're still being inconsistent.

OK, so I made this scenario up. Let's call it "art" and that'll make it alright. I hate that. Why can't I just be an exaggerating idiot? Is there something wrong with calling something what it is? Why do Henson's nudie shots of 13 year old girls cease to be exactly that when they're called "art"?

Well fuck you, artists.

I hate the fact that you expect government grants and complain about businesses being provided with tax concessions.

I hate the fact that you hate intellectual property laws except where it's your copyright over your work.

I hate where you resort to defending bad taste, mistakes and half-baked concepts as "art", yet criticise fellow artists when they dare to do stuff that's entertaining.

I hate the fact that you sell your stuff in galleries for outrageous prices, yet criticise anyone deemed to have "sold out".

I hate the fact that you're so fluid with your definitions on what "selling out" actually involves.

I hate the way that you insist on being branded as "eccentric" and have the nerve to criticise anyone for pointless pigeonholing.

I hate the tortured artist thing with an absolute passion.

I hate public arts funding, and wish it would stop. I hate the way that our national broadcaster insists on foisting arts programmes on to the rest of us.

I hate the way that you believe that it's your right to profit from a hobby.

I hate most of your work.

I hate myself for liking quite a lot of your work.

I hate the fact that you're all so fucking hypocritical.

I hate the way that because I'm a musician and writer, this makes me one of you and therefore just as hypocritical as the rest of you.

And I hate the word "art". Seriously, it should be fucking well banned. The vast number of the rest of us do not want to hear you claiming that your latest unentertaining installation of questionable merit is good merely because it's "art".

Put jam on it and jam it up your arse.

Dikkii.

PS: I'm not deliberately being ironic - I know that this technically qualifies as art. Fuck you.

Believe it or not, people wonder why I get so frustrated with the term "art". I don't think that this is going to make it any clearer.

01 May 2008

thepirateblog.org?


Some of you might know The Pirate Bay. Or not. The name of this site has been allegedly linked with file-sharing activity.

I'm not sure if I can comment about the legality of the file-sharing activity, however, I'm sure that you, the reader, can look this sort of thing up and come to your own conclusions.

It is, however, interesting to note that the organisation that runs The Pirate Bay, PiratbyrÄn, is quite anti-copyright. I would hazard a guess that this sort of antipathy also extends to those other areas of intellectual property law, patents and trademarks.

Indeed, the contempt that The Pirate Bay has for this sort of thing is made manifest by the 'About' section of their website where, amongst other things, they have this to say:

Only torrent files are saved at the server. That means no copyrighted and/or illegal material are stored by us. It is therefore not possible to hold the people behind The Pirate Bay responsible for the material that is being spread using the tracker. Any complaints from copyright and/or lobby organizations will be ridiculed and published at the site.

The Pirate Bay was started by the swedish anti copyright organization PiratbyrÄn in the late 2003, but is since October 2004 separated and run by dedicated individuals. Using the site is free of charge, but since running it costs money, donations are very much appreciated.


I have mixed views myself on intellectual property laws. I think that the world would be a much simpler place if they were abolished, but I can respect the motivation of filthy lucre in the creative process, both artistically and industrially.

And having seen such disgraceful idiocy as what happened with Le Canard Noir's blog at Netcetera, I generally tend towards the "minimal" position, at least where censorship is concerned.

Lastly, where ‘freedom’ of speech or expression is concerned, I do support moves to ease or abolish as many restrictions on speech or expression as possible. A lot. Even if I think that you would be out of your mind to believe that 'freedom of speech or expression' in even its loosest interpretation is remotely possible in this or any other universe.

So it was with great interest that I noticed that The Pirate Bay has launched a blogging service, Baywords, powered by Wordpress. It doesn’t have the full set of features offered at Wordpress’ own site, however, and Baywords is very much up front about protecting bloggers’ rights to say whatever they like:

Many blogs are being shut down for uncomfortable thoughts and ideas. We will not do that. Our goal is to protect freedom of speech and your thoughts. As long as you don’t break any Swedish laws in your blog, we will defend it.

Now while this might sound noble and all, I admit that I have absolutely no idea of how strict Swedish laws actually are on what can or can’t be published. I suspect that they’re not all that strict.

On Wednesday nights, there’s this show on 3RRR called ‘Byte Into It’ which is an extremely well put together show for computer nerds everywhere. While I resist the tag ‘nerd’ myself, it just so happens that while this show is on every week, I happen to find myself in the car driving somewhere. And listening to it.

So while the news is a couple of weeks old, it was announced on Byte Into It that The Pirate Bay was venturing into censorship free blogging. Normally the guys on Byte Into It are very bullish on anything that assists with freer speech or expression, which was what I was expecting.

It therefore came as a complete shock to me when the news was greeted with outright cynicism and none of the usual jocularity that they normally exhibit. Comments were thrown about as to what content might be hosted, and there appeared to be consensus that you’d think twice about clicking on anything containing the ‘baywords.com’ domain name. Mainly because, in their opinion, there would be a fair to likely chance that the contents of such blogs would contain either:

  • Child pornography/paedophilia;
  • Neo-nazism/hate sites; or
  • Other unsavoury stuff.

Is this cynicism unwarranted? Isn't this good for the internet that someone like Le Canard Noir can blog in peace without fear of reprisals?

On the other hand, is it feasible that Baywords may be a licence for all sorts of despicable trash to proliferate? Have they just provided a soap-box for nutbars everywhere to peddle their tripe?

Lastly, should we care?

15 February 2006

They're Just Cartoons...

A lot has been made of the fuss that has been stirred up by the re-publication last week of a series of cartoons that depicted Mohammed in a fairly unpleasant light.

Regular readers of Dikkii's Diatribe will know that this blogger is a big fan of The Two Percent Company's Rants. They certainly didn't waste time getting their thoughts on the matter out there and into the public domain.

For those who may have been living under rocks, this is what happened:

  • Cartoons which are arguably offensive are reprinted
  • Fundamentalist Muslims get pissed off
  • Aforementioned fundies get violent
  • Danish (and other) embassies get firebombed
  • Danish (and other European) companies get boycotted
  • Etc, etc, et bloody cetera.

Not surprisingly, the Two Percent Co has taken the viewpoint that violence in response to what is just a bunch of cartoons is unacceptable. This is dead right.

Speech is free to go wherever it can, provided it doesn't cause harm to anyone.

The Two Percent Co is 100% correct in its assertion that people should be free to say whatever they want without fear of violent reprisals.

Although this article queries specifically religious zealots - T2PC is careful to ensure that fundamentalist Muslims are only discussed as an example - there are a number of other practitioners in other aspects of life that could heed this advice in Australia.

However, this post does bring up a lot of interesting questions, some of which appear to open up other ones, in particular:

  1. Freedom of Speech advocates are usually quick to agree that with this freedom comes responsibility. What these responsibilities are, however, is never explicitly stated.
  2. T2PC and their readers correctly acknowledge that violence caused by this sort of thing is unacceptable, but they then claim that there is 'no right "to not be offended"'. This is common amongst Freedom of Speech advocates. Ostensibly, this means that it is not my fault if I say something that causes an effect. No matter what that effect may be. That's right. In this world of free speech, anything goes.
  3. It necessarily follows that the above two bullet points are inconsistent.
  4. Finally, in return for unmitigated Freedom of Speech, we have to give up what, exactly? Robert A. Heinlein wrote, "There ain't no such thing as a free lunch." What is it that we have to trade off to get this freedom?

Freedom of Speech supporters are all largely a good bunch. They mean well.

But is it time that we all took a closer look at why Freedom of Speech/Expression is so sacrosanct?

I had a conversation the other day. (If you're not Australian and reading this, the background info you should know is that Freedom of Speech does not exist in Australia.) It went a little like this:

Dikkii:

"Why should we have freedom of speech?"

Person I was chatting to (we'll call him "Bob"):

"It's a fundamental human right, man!"

Dikkii:

"Why is it a fundamental human right?"

Bob:

"People should be free to say what they like without fear of retaliation from governments, other people, etc."

Dikkii:

"Isn't that just rhetoric? Haven't you just paraphrased the words 'Freedom of Speech'"

Bob:

"Well, would you prefer living in an authoritarian state?"

Dikkii:

"Hang on, now you've created a false dillemma..."

I actually had to stop the conversation here before I was "exposed" as an "un-Australian, pro-censorship wowser" or suchlike.

So lets follow the second point above to its necessary conclusion and disregard the first point that it conflicts with.

We'll also disregard the final point and accept the unlikely proposition that we give up nothing for total Freedom of Speech/Expression.

Let's have a look at what unbridled Freedom of Speech gets us.

On 5 November, 1992, it was alleged in the state parliament of Western Australia that a Penny Easton had perjured herself in the Family Court.

This is legal in Australia - members of state, territory and of the federal parliament enjoy Parliamentary Privilege where they can say pretty much whatever they like without fear of any legal reprisals. Unless, of course, the language used is considered "unparliamentary".

Anyway, Easton was at the time in a pretty long and drawn out divorce with her then husband Brian. Easton responded to this attack on her character by promptly committing suicide four days later.

I'm going to stop this story right here and point out that, unlike the member who tabled the petition naming and shaming Easton, it was pretty clear from the outset that the editors of Jyllands-Posten knew full well that if they published the offending cartoons, there would be, most likely, violent reprisals.

The editors published to prove a point. Consequences, which would in all probability arise, were relevant insofar that they proved the point that they were making. That point was that people fear saying certain things about Islam generally or Mohammed specifically because a bunch of neanderthal thugs get offended. After this, as far as the editors were concerned, they could not give a rat's arse for endangered lives, property, etc.

Some would call this conviction. Others would call this gross negligence.

Anyway, to get back to our story about the late Penny Easton, it is generally considered that this event was the straw that broke the camel's back as far as the Western Australian electorate was concerned.

In February 1993, the Labor government headed by Premier Carmen Lawrence was defeated and the Liberals led by Richard Court swept to power.

The naming of Easton in state parliament had caused Easton's suicide and had also caused the final downfall of the incumbent government.

So how do Freedom of Speech advocates view this in line with the above? I chatted with "Bob" again, playing Devil's Advocate:

Bob:

"People are innocent until proven guilty. Whether Easton perjured herself or not is for a court to decide and not a member of parliament. Easton knew this."

Me:

"Irrelevant. Easton was seriously embarrassed by the claims that were made and killed herself accordingly. In any event, due process was not followed as the Director of Public Prosecutions had not launched a perjury case."

Bob:

"Easton did not have to kill herself. An unsubstantiated allegation was made."

Me:

"Irrelevant. She did."

Bob:

"Maybe the fact that she killed herself proves her guilt?"

Me:

"I can't believe that you can be so very, very cold. Needless to say, the question of guilt is highly and unambiguously irrelevant."

Bob:

"Anyone who reacts like this because of what someone says is clearly irrational."

Me:

"What the...? Who are you to decide whether someone is rational or not. While Easton was clearly under some strain, you cannot make judgements about someone's rationality immediately prior to the abuse of Parlimentary Privilege, after the event."

Bob:

"Look. No one held a gun to her head. Isn't it no one's fault but Easton's that she's dead?"

Me:

"This is getting silly. Bob, a majority of the Western Australian electorate voted in their droves on this. They believed that the government was culpable. Even Blind Freddy will tell you that what someone said in Parliament caused Penny Easton's death."

And so on and so forth.

Whether or not the government of the day, or just the member in question, or no one at all is culpable for Penny Easton's death, the fact remains that no one could have foreseen Easton's untimely demise.

Yet that fact is moot - someone shot their mouth off indiscriminately with fatal consequences. And the people held the government responsible for that.

It is interesting to note that since Carmen Lawrence moved to federal politics and became a member of federal parliament the question of culpability dogged her until she was forced to leave parliament. She wasn't even the member who read Easton's name out that fateful day.

Lawrence's political career was ruined by this act.

This is slightly different from the decision of the Jyllands-Posten editors.

They published with the requirement that as much controversy as possible needed to be generated. Anything less would have been completely forgotten and would have defeated editor Flemming Rose's hypothesis that:

The modern, secular society is rejected by some Muslims. They demand a special position, insisting on special consideration of their own religious feelings. It is incompatible with contemporary democracy and freedom of speech, where you must be ready to put up with insults, mockery and ridicule.

This, of course, raises serious questions about society. The point that Rose was attempting to make was a valid one - but did it require someone to actually put it to the test?

It's interesting to note that since the cartoons were published, an Iranian newspaper has offered a competition for similar cartoons designed to offend.

The responses have been uniformly ironic:

  • No one will criticise these cartoons partially out of fear of offending Freedom of Speech advocates, and partially out of fear of being seen as inconsistent with earlier claims that Freedom of Speech is paramount;
  • Any criticisms at all are being buried at the bottom of page 10 by the media who have a vested interest in matters related to Freedom of Speech/Expression;
  • The cartoons are to be mainly Holocaust-denial themed - interesting, considering the initial cartoons were published in a predominantly Christian country. (Further proof that Israel is at the root of all problems Middle Eastern, perhaps?)
It is interesting to note that where the decision was made not to publish, the question of gratuitousness is being increasingly raised.

Indeed, where I am, in Melbourne, daily newspaper The Age has issued this on the subject of why they chose not to re-publish:

"The Danish cartoons were neither insightful nor effective, just stereotypical smears. At the level of content, there was little justification to run them. Even given their curiosity value, such material carries a responsibility to consider whether the point of publication outweighs any likely offence. Having the freedom to publish does not mean we must publish to prove it. Any newspaper ought to be offended, however, by the use of threats or violence to dictate what may be published; an intimidated media is no longer a free media."

What is more important in this case? Freedom of Speech? Freedom from Offence? Freedom of Expression? Freedom from Antagonistic Muckrakers?

We'll probably never know. But if history is a judge - just like the Lawrence government, Jyllands-Posten wll be considered by historians as the party responsible for the carnage that we are seeing.