More on Religious Hatred Law
There is this excellent column by Nick Cohen in the Guardian for instance. (Nick Cohen debated Julian Baggini on this subject at Open Democracy last summer, but the debate is now behind subscription.) He talks about the strange incident at Index on Censorship (which we also talked about quite a lot here) when the associate editor ‘piled blame’ on Theo van Gogh instead of on his murderer.
What was most telling was Index’s treatment of Ayaan Hirsi Ali, who worked with van Gogh on the film. I can remember when she would have been a liberal heroine…She overcame enormous handicaps to become a Dutch MP and, as free men and women are entitled to do, decided she didn’t believe in God. Needless to add her secularism made her dangerous enemies, and the police had to protect her from Islamists…In the 20th century, feminists had a little success in persuading Western liberals that women should be treated as independent creatures whose intelligence ought to be respected. But these small gains can go out of the window when brown-skinned women contradict the party line that religious fundamentalism is all the fault of poverty or racism or Bush or Israel and isn’t an autonomous totalitarian ideology with a logic of its own. Jayasekera dismissed Ali as if she was some silly geisha girl.
Just so. I keep marveling at the way atheist feminists from Iran, Pakistan, Egypt, Jordan, are ignored in favour of the devout variety of ‘brown-skinned women’; I’m glad I’m not the only one.
MPs didn’t point out that when society decides that people’s religion, rather than their class or gender, is the cultural fact that matters, power inevitably passes to the priests and the devout for whom religion does indeed matter most. To their shame, many on the left have broken with the Enlightenment to perform this manoeuvre. They have ridden the Islamic wave and agreed to convert one billion people into ‘the Muslims’. A measure of their bad faith is that they would react with horror if this trick was pulled on them, and they were turned into ‘the Christians’ whose authentic representatives were the Archbishop of Canterbury and ‘Dr’ Ian Paisley.
What I keep saying. Just plain atheists from Iran and the rest are also ignored. (Amartya Sen talks about this too – the way people in the West think of India as all-‘spiritual’ all the time, and ignore the secular rationalist tradition in India which is actually quite strong.) Because – what? The Enlightenment is a bad smell now? (Horkheimer and Adorno have a lot to answer for.)
Madeleine Bunting sees things differently (now there’s a surprise).
For starters, “religious hatred” is not about having a laugh, or criticising aspects of a religion: it is far more grotesque, and we can’t pretend that we don’t know the difference
We can’t pretend we don’t know the difference. Really? Some people can, it seems.
Speaking on a BBC Radio 4 programme the Labour MP for Birmingham Perry Barr, Khalid Mahmood, argues that the proposed ‘incitement to religious hatred’ law is required to prevent Muslims from being hurt by ‘abusive’ speech and writing.
Dave at Backword Dave has a transcript of part of the interview:
Khalid Mahmood: Well this law is not just needed now. This law became a real issue when the Salman Rushdie affair came into light. And there’s a huge amount of hurt that was felt by a lot of the Muslim communities. And the fact that they felt that they had no recourse …
Interviewer [interupting] So if we had this law, we’d have been able to ban the “Satanic Verses”?
KM: Well, what the scholars who’ve looked at the book at the time wanted was some editing of the very, very few minimal [?] amount of paragraphs within that which were just purely abusive …
Int: But is there not a difference between being abusive about a religion and inciting hatred?
KM: Well no; those two things apply, because what you do is by abusing, by being abusive about it is you actually incite those people and therefore those people go out in the street and take action, and therefore you’re inciting so the one follows from the other.
Oh fine. The ‘scholars’ who looked at the book just wanted some editing, that’s all. So everyone will have to permit clerics and other such ‘scholars’ to vet all manuscripts and edit anything they consider abusive of their religion – according to Khalid Mahmood, that is. But then Khalid Mahmood is an MP. MPs make the laws. So it goes.
There are good posts on all this at Harry’s Place – here and here and here.
Ah, the opportunists of Enlightenment. Freeloading on free speech, always readily available to shout as loud as they can to create a smoke-screen obscuring their self-perceived and self-determined impotence.
From Matthew Parris in the Times:
‘The “publication, distribution or display” of “written material”, says Mr Blunkett, is to be an offence if, “having regard to all the circumstances, the material is likely to be heard or seen by any person in whom it is likely to stir up religious hatred.” ‘
Not quite the innocent proposal some of you have suggested. When Ian Paisley describes the Pope as the AntiChrist, will he be prosecuted because his comment is to an audience – in his chapel at Sunday service – composed of precisely the sort of people “in whom it is likely to stir up religious hatred” ? Whereas if he says it in a BBC television interivew he is ok because the general audeince is immune to such feelings? (Or will he be prosceuted anyway because he makes people like me hate him for religious reasons?)
Again on Matthew Parris in the Times:
‘The “publication, distribution or display” of “written material”, says Mr Blunkett, is to be an offence if, “having regard to all the circumstances, the material is likely to be heard or seen by any person in whom it is likely to stir up religious hatred.” ‘
I think on reflection it would be best to support this law. Then on the day it comes into effect, go along to the appropriate authoritities and have them ban the Bible and Koran.
Thankfully the opinion of Khaled Mahmood is his own, irrelevant opinion of what the law is designed to prevent. I’m (almost!) sure testing in the courts will end up favouring free speech – and protecting such as Rushdie – rather than following this baby-and-bathwater approach. Oddly, judges do tend to be rather conservative about the limits to which new laws circumscribing freedoms may be taken.
Worrying that anyone enspousing such nonsense can end up an MP though…
More interesting developments:
http://www.timesonline.co.uk/article/0,,2088-1400110,00.html
It seems it’s not just what you say or how you say it, it’s who you are that will determine the legal status of your comments: according to a Home Office press officer: “If you [Ron Liddle] wrote something in your column about Islam the CPS might not be interested, but if the same thing was said by Nick Griffin (the British National party leader) in a pub in Bradford, they might well be”
“It seems it’s not just what you say or how you say it, it’s who you are that will determine the legal status of your comments … “
Just waiting for dsquared to pop up and let us know, once again, that “context is everything”.
PaulP:
>> Or will he be prosceuted anyway because
>> he makes people like me hate him for
>> religious reasons?
I love this! Could we bring prosecutions against religious leaders for making hatefully irrational proclamations?
Could religious claims be tested in court? Reaonable doubt anyone…
Interesting comments on BBC Radio 4 this AM predicting that the highest number of prosecutions may well arise from complaints from one religion against another…
And we don’t need the new law to bust the appalling Nick Griffin. I hope he gets the porridge.
So… I know this has probably been asked before, but does anyone actually know how it is being argued that current UK legislation does not adequately accommodate the prosecuation of individuals for such crimes already ? I have heard no clear examples from the proponents of the new law. Isn’t it rather a waste of parliamentary and House of Lords time then ? Who really benefits … ?
“So… I know this has probably been asked before, but does anyone actually know how it is being argued that current UK legislation does not adequately accommodate the prosecuation of individuals for such crimes already ? “
DSquared is getting back to me on that one ;-)
Chris – S’okay – I’ll ask Blunkett… he’ll have a bit more time on his hands now… ;-)
How I loved it everytime he mentioned the words “my private life” and “my privacy”. The delicious justice of it.
Astonishing arrogance and dumb behaviour for one so genuinely intelligent… hope Clarke can do better as Home Sec… however, the words ‘breath’ ‘won’t’ ‘my’ ‘hold’ and ‘I’ come to mind… and have you seen all the new Blairborgs appearing in the reshuffle today ? Retch…