Actually, this page covers
things that are
as well as
things that are not
As well as things where I am not sure.
This page is discussion of borderline cases,
conflicts of rights,
the definition of speech, the role of the law,
and so on.
I come down on different sides on different issues below.
And on some of them, I am not sure.
As an adjunct to the Anti-censorship page.
Privacy (published information)
Invading people's privacy can often be a form of threat
and publishing the home address of
people involved in political controversy
is generally a type of threat
and an encouragement to others to target this person for
attack or hacking or
There are many reasons why people want privacy,
but one of the main ones is fear of predators
(burglars, thieves, stalkers, maniacs, terrorists)
that will come into our lives
and attack us, the more they know about us.
A terrorist-linked group publishing home addresses of political opponents and police
and prison officers
should clearly be illegal.
But, as always with speech, where do you define the line?
Some people use "privacy" to prevent people criticising them at all.
The child porn issue
can be considered on many levels other than obscenity.
It can be considered as a privacy issue.
It can be considered as an aiding and abetting crime issue
- by not handing over the photographs of crimes to the police.
- Also, filming any adult naked or having sex without their consent
should surely be illegal.
Those who do this deserve everything they get.
- There are also people who consent to privately film, but not publish.
Surely we can all agree that
should generally be illegal.
- But how about if the media merely tells the story
of some celebrity or political sex affair?
Under what circumstances should that be legal or illegal?
These questions are not easy.
The idea of a
in UK law
is an injunction against publication of something
where the existence
of the injunction may not be reported.
The Elton John superinjunction of 2016 is a fascinating story.
A celebrity millionaire pays UK lawyers to try to use UK law to get a celebrity sex story
off the Internet.
Best of luck.
The story in Wikipedia:
Arguably the story is of public interest, since Elton John has worked to normalise
Even if the sex story is of little interest,
the censorship issue has become the main story.
We can all agree the secret is safe, whatever it is.
The Court of Justice of the EU,
in a ludicrous May 2014 ruling
Mario Costeja González case
decided that there is a
"right to be forgotten"
that almost anyone has the right to hide almost any information about them.
The EU tries to impose its more restrictive, Continental version of democracy and speech
on countries with a much freer tradition of freedom of speech.
Mario Costeja González
engaged in an epic legal battle to hide the above information.
He was unhappy that when you Googled his name
you got a
detailing his debts and the forced sale of his property.
He could not sue the newspaper
for printing facts,
so he chanced his arm and sued Google, and in a ludicrous ruling, won
in 2014 at the European Court of Justice.
Due to the Streisand effect, the above information will be
linked to his name
until the day he dies.
Mark Savage ran
in the local elections
in Ireland in 2014.
He ran as an independent
The above is election literature showing what he said about gays.
He objected to a
slagging him off for it.
So he took a "right to be forgotten" case to ensure that
Google his name
no one will ever see
the election literature
or the Reddit thread again.
Some private information is controversial
even if it is not being published.
Should the police, for example,
be allowed hold a DNA database of every citizen?
The classic civil liberties position has always opposed
DNA databases, compulsory ID cards,
and other information the police may collect on the citizenry
as a whole.
But perhaps their opposition is becoming misplaced.
Perhaps the proper, the honest, solution is to campaign freely and openly
for more liberal laws
(such as reforming the drug laws),
so that no citizen, now matter how deviant their lifestyle, has anything to fear.
Civil liberties groups evolved in a situation
where the state,
by repressing and oppressing in various ways
all sorts of
- religious minorities, atheists,
contraceptive users, drug users
- was the greatest threat to civil liberty.
But if all these battles are won (and I agree the drug issue remains outstanding),
maybe we should look again at the privacy of modern society
- which allows serial rapists, abusers, thieves,
muggers and burglars to operate uncaught
As conservatives have long pointed out, these people
are a threat to civil liberty too.
If there was a compulsory national DNA database,
rape (and rape murder) could become virtually impossible.
Even theft and burglary could be hard hit
- with the citizenry using their own home DNA kits to hunt for evidence.
So how about the following:
- A DNA database of all citizens.
- Tag all violent offenders for life,
so their whereabouts are always known (to a non-public computer).
You can still live, and do what you like.
All we ask is that we must know where you are.
- Or even tag the whole population, so it is known where everyone is.
Make assault, rape, abduction and murder literally impossible.
Maybe civil liberties groups have it all wrong.
Maybe this is the future of civil liberties -
the end of crime,
in a liberal, pluralist state.
In summary, if we ever do win the battle to create a proper liberal state,
then maybe we will eventually come to see privacy
as the greatest single threat to civil liberty.
This is a long way off perhaps, but it's still something to think about.
Hard cases - Speech that encourages threats to other people's liberties
The only reason we're in favour of free speech
is because we're in favour of freedom and liberty.
So how about when the speaker
doesn't believe in freedom and liberty
for others, and threatens them?
How about these hard cases:
- Intellectual arguments:
- A site that makes an intellectual case for
racism / fascism or
- A site that makes an intellectual case for
Can such a case be made?
I'm not sure.
I can see that there is an argument
that this is not necessarily the same as supporting torture of animals.
After all, adult animals have sex all the time
(at least with each other).
- Anyway, how about a site that does
support torture of animals for sport or entertainment
- hunting, circuses, dancing bears, and so on.
- A site that makes an intellectual case for
This is not necessarily a site supporting aggressive rape.
e.g. Say a site making an intellectual case
against the criminalisation of early- to mid- teenage sex.
- Writing that does openly support aggressive pedophilia,
including the rape of toddlers,
such as the writings of
- A site supporting the
aggressive rape of civilians in warfare
(see also here),
or a site supporting
the killing of captured civilian women and children
(see also here).
- In wartime,
an intellectual argument supporting the enemy
(e.g. the Iraqi resistance,
or the IRA).
- Non-intellectual glamourisation of activities that threaten others:
- Almost every Hollywood action movie glamourises or condones
things that would, in real life, threaten other people's liberties:
- Car driving - If Hollywood car chases were true-to-life,
there would be dead passers-by in every film,
just as real-life police and real-life joyriders
do kill passers-by.
- Guns and fighting as a solution to all problems.
- Glamourisation of all forms of criminal abuse of others -
burglary, vandalism, arson, joyriding,
- all have been glamourised,
such as in the obnoxious The General.
Oddly enough, say, rape or child murder
is rarely glamourised.
- Glamourisation of
police brutality, lack of due process,
vigilante action, summary execution, etc.
- Glamourisation of
- Practical advice in general, "How-to" do something:
- A site that gives practical advice on guns, explosives, etc.
- A site that gives practical advice on burglary, lock-picking, etc.
- A site that gives practical advice on joyriding, speeding, car races, car chases, etc.
- A site that gives practical advice on rape.
- A site that gives practical advice on torture, for foreign police forces.
- A site that gives practical advice to pedophiles
- tells them where to meet children, etc.
- Real information:
- A site that tells motorists where speed traps are.
- A site that tells motorists where drink-driving checks are.
- A site that tells burglars what houses are empty,
where old people live alone, and so on.
- A site that tells loyalist paramilitaries
where Catholics live in each housing estate.
- A site that lists addresses of doctors that perform abortions.
- In wartime or in a time of genocide,
a foreign media site linked to the enemy regime
(e.g. Serb TV)
and perhaps helping organise the genocide (e.g. Rwandan radio),
or encouraging the enemy
(e.g. Arab TV,
jihadi videos on YouTube).
- In wartime, a home site
telling the enemy where military targets and informants are
I'd like to say I have easy answers for all of these,
but I don't.
My instinct would be that
most of 1. and 2.
have to be tolerated
as offensive speech,
whereas most of 3. and 4.
cross the border into directly threatening people.
But I must say that it is hard to define the exact principles
I am using.
Avoiding offensive speech
While we might allow speech like that in 1. and 2.
you do of course always
have the perfect right
to find the speech
and you should be able to filter it successfully
and completely out of your life.
Indeed, this applies to any
speech you don't like.
Part of the problem
with offensive speech is that with many media, like
TV or the cinema,
we cannot run advanced
- we simply have to sit there and get assaulted by what is coming next.
But this is a personal technology
not a legal problem,
and it can be solved by giving the individual
to put them more in control of their life.
Libel is a grey area, especially now that we all have our own printing presses.
People aren't as helpless as they used to be.
You can set up your own website to refute the media.
Which leads to the question of:
- Some, or all, of the claims on the above web pages may be untrue
But is actually listing the URL libellous?
- How can it be?
Linking to libel (without repeating it) cannot be libel:
- First, I don't publish the actual claim, only a URL.
This is no more than saying:
"The Irish Times named the alleged murderer in its August 15th issue on page 9."
And it is provably true that the Irish Times made a claim
- whatever about the truth of the claim itself.
- Second, I don't say I agree with them
(I don't say "whatever is at the end of that URL is true").
In fact, I have already forgotten what is at the end of that URL.
- Third, the owners of the URL can of course change
(and may already have changed) what they say at that page without my
knowledge or consent
and, for example, make me accountable for hundreds of libels.
But I could hardly be guilty of libel if I had never heard of (let alone uttered) the claimed libellous statement.
For example, today's news is at
Now, am I liable for whatever libels appear from time to time at the end of that link?
- Of course, I'm not a lawyer, and a court may decide otherwise.
But the technology seems unstoppable:
- Someone can set up a dedicated website
and the courts will then be in the ridiculous position
of making it illegal to print the words
or possess a T-shirt with the logo
And you can make the URL the name of a company
or organisation, so newspapers would have to be forbidden to print:
issued a statement yesterday".
- Crimewatch UK
- Another example of how the Internet can be used by the "good guys" as well as by the bad.
All unsolved crimes should be listed on the Internet, searchable by area.
All stolen property
should be listed and described online, searchable by type.
- Crimeline (Ireland)
- Sex offender registries
The thing about noise is the choice
of whether we have to
hear the speech or not.
You have the right to say what you like.
I have the right to filter your speech out of my life.
Speech is one thing, behaviour is another.
I support the right of the Orange Order
to their publications and web sites,
which we can all read in a non-threatening environment.
But as to whether they should be able to rally and march
down the roads of upset and intimidated residents
is quite another question.
Marches are behaviour, not pure speech.
Demos and marches
are an odd form of speech,
one that often interferes with those who do not want to hear it,
in a way that, say, websites don't.
It seems to me that
demos and marches
should be restricted to city centres, not residential areas,
unless there is some good reason why they have to go to a particular place.
Spam is not a censorship issue.
You can read all the ads you like at the spammer's site,
if you choose
to go there.
Spam is the enemy of free speech, by trying to destroy discussion groups and mailing lists.
Before 1992, I sent a few unsolicited messages myself.
It took some time for me (and others) to understand that this was a Bad Idea.
The Internet was quieter in those days, and no one complained to me or flamed me,
but I wish they had.
I should have realised sooner that unsolicited messages had no future.
Now there are hundreds of millions of people online.
If unsolicited direct-marketing commercial email is tolerated,
eventually everyone will be
receiving thousands or even tens of thousands of computer-generated email messages a day.
Already over 90 percent of email is spam.
spam is still legal in the US.
The only long-term solution is to make it illegal.
In the meantime, it is up to the Internet
to protect itself against these vandals.
Spam is the enemy of free speech
Just to be clear on that.
support the government regulating the Internet
Spam is possibly the single greatest enemy of free speech on the
- It makes people not take part in discussion groups
for fear of sending their email address to spammers.
- It actually destroys the discussion groups
by filling them with spam, so everyone leaves.
- It makes people not put their email address on their web pages,
for fear of it being collected by spammers.
- It makes people run blacklists and filters on keywords
for their incoming email,
which may filter valid email messages as well.
I also would vote for making direct-marketing postal mail, direct-marketing telephone calls and direct-marketing faxes illegal.
By any reasonable standards of adult consent and privacy,
drug dealing should be legal
while direct-marketing should be illegal.
The future of spam
Spam with embedded porn images is just beginning.
The future of spam is:
- Billions of person hours are lost every year, year after year,
by workers sifting through spam.
- You are forced to look at porn in your office
every time you read your email.
- Your kids are forced to look at porn
every time they read their email.
See good article on explicit spam
by John Aravosis.
This is the future,
until direct-marketing email is made illegal as it should be.
are not a censorship issue
(you can get the stuff at the author's site).
If you're shut down for spamming or uploading warez, I don't care.
Spam, warez and extreme forms of copyright theft are not speech.
- I also don't think
are a censorship issue.
Framing can enable one site to make
someone else's content look like their own.
In my opinion:
Linking is referencing, and is a right, with or without permission.
Framing is reproduction, and is not a right.
You have the right not to be framed if you don't want it.
- How to stop linking and framing:
- Of course, some people try to stop references to themselves
because, well, because they are mad:
- Some people have tried to charge (or at least request permission)
for linking to them,
but it does not seem that this has any legal status:
wrote a CGI script to take the bloated
and present a
"de-boned", stripped down version of it
that loads fast.
While I could understand Salon
being angry about him presenting this as a website,
how about a CGI script that de-bones all sites?
Or a browser plug-in that de-bones all sites?
- Linking law