This Is Bullshit

Farrel — Sat, 04 Feb 2006 15:29:00 -0600

The High Court has gagged newspapers from running the controversial Danish cartoons that are getting Muslims worldwide into a huff. The presiding Judge Mohamed Jajhbay said that

the right to dignity outweighed the right to freedom of expression in this matter

Ok now I’m a lowly software developer not some high court judge but I know that no right is more important than another. If one right is eroded, they all are.

Let’s look at the relevant sections in our own Constitution. Firstly let’s look at the section on freedom of expression.

16. Freedom of expression
  1. Everyone has the right to freedom of expression, which includes 
        1. freedom of the press and other media;
        2. freedom to receive or impart information or ideas;
        3. freedom of artistic creativity; and
        4. academic freedom and freedom of scientific research.
  2. The right in subsection (1) does not extend to 
        1. propaganda for war;
        2. incitement of imminent violence; or
        3. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Right so we have the freedom of speech, including freedom of the press except in certain cases. We’re interested in exception 3., the only exception that can possibly apply here, which limits speech which advocates relihgous hatred AND incitement to cause harm. Notice that ‘and’ there because it’s important. Are these cartoons advocating religous hatred? Not really. Do they incite harm on adherents of that religion? No.

Next let’s look at what the constitution says about dignity

10. Human dignity
Everyone has inherent dignity and the right to have their dignity respected and protected.

Does this cartoon infringe on anyone’s dignity? No, because the subject of this cartoon is dead. Frankly the ‘right to dignity’ has never set well with me. It doesn’t seem to actually protect an actual right and seems to have been put there for little else than an excuse for some mealy mouthed feel good clap trap. If dignity is to be protected then why isn’t the government swooping down and taking homeless people off the streets to protect their ‘dignity’? Dying of AIDS certainly isn’t dignified is it?

What about religion?

15. Freedom of religion, belief and opinion
  1. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.

Notice that people have the right to both religion and opinion. So is the opinion of the artist (or the editor at the Sunday Times) subservient to the rights of a religion? I think not.

And let’s not forget: Freedom of religion implies freedom from religion.

"This Is Bullshit" by someamongus

Sun, 05 Feb 2006 01:52:23 -0600

Nicely put Farrel, I can’t see the judgment going the distance.

"This Is Bullshit" by fontaine

Sat, 04 Feb 2006 20:33:50 -0600

As a newspaper guy (albeit not one based in SA), I completely agree. Just wanted you to know the subject on your post was hilarious. Don’t know why, but I was laughing out loud.

Politics.za: This Is Bullshit

This Is Bullshit

"This Is Bullshit" by someamongus

"This Is Bullshit" by fontaine