Index discusses hate speech at Cambridge Union Society annual debate

Index’s own Head of Advocacy Mike Harris discussed the issue of hate speech and free expression at Cambridge Union’s annual Free Speech debate on 29 November.

Also speaking were Cambridge Union President Austin Mahler and celebrated philosopy writer Nigel Warburton. You can listen to Nigel explore the concept of free expression with guests in our series of podcasts Free Speech Bites here.

Watch the full free speech debate below:

Russia’s anti-gay laws no laughing matter

The gay community is one of the most vulnerable minorities in Russia, and homophobia is one of the country’s most rampant prejudices. According to Levada centre research, around 74 per cent of Russian citizens consider members of the Lesbian, Gay, Bisexual and Transsexual (LGBT) community to be “dissolute” and “mentally retarded”.

Mike Kireev - DemotixRussian lawmakers seem to agree with this prejudice and plan to pass a federal law “against the promotion of homosexuality”.

The law forbids exposing underage Russians to information about homosexuality and, moreover, about the fact that “traditional and non-traditional relationship(s) are socially equal” (sic). Anyone exposing children under 18 to “homosexual propaganda” should expect to pay the price: LGBT NGOs can be fined up to 500 thousand roubles (10, 782 GBP) and activists up to 50 thousand roubles (1007 GBP).

The law already exists in the cities of Ryazan, Archangelsk and Kostroma. In March it was passed in St Petersburg by United Russia deputy Vitaly Milonov, prompting a furious response from human rights activists and the civil society. The European Parliament says the law “violates freedom of expression regarding sexual orientation”, and the US State Department has called for respect towards LGBT activists in the country.

But the only response they received from Russian authorities was announcing plans to pass the law nationwide; forbidding another gay pride in Moscow and triggering several bizarre examples of the law’s misuse. Here are just a few:

United Russia v Madonna

DemotixVitaly Milonov came after pop star Madonna, after she used a 9 August concert in the city to speak out against St Petersburg’s anti-gay law. During her performance, Madonna yelled out her message of support to the crowd:

“I am here to say that the gay community and gay people here and all around the world have the same rights — to be treated with dignity, with respect, with tolerance, with compassion, with love,”

The pop star was not only outspoken about gay rights during her trip, she also donned a balaclava and called for the release of Pussy Riot during a 7 August show in Moscow. Milonov’s Ultranationalist associates from the Narodny Sobor organisation filed a civil law suit against Madonna demanding 333 million roubles (about £6.5m ) to compensate for “moral damage” caused by “promoting homosexuality”, arguing that this would cause lower birthrates and subsequently destroy Russia through eroding its military. Milonov’s case was thrown out by Moscow’s district court in St Petersburg on 22 November.

Meanwhile, Milonov is keeping alive the fight against LGBT-friendly pop stars: He has made it clear that minors won’t be making it to Lady Gaga’s 9 December performance in St Petersburg, having warned concert organisers that no one under 18 should be allowed into the concert.

Homosexuality v Field Hockey

The first implementation of the law in St Petersburg happened in May 2012, when gay pride organiser and rights advocate Nikolay Alexeev staged a single picket holding a placard with a quote from iconic Russian actress Faina Ranevskaya:

“Homosexuality is not a perversion. A perversion is field hockey and ballet on ice”.

Alexeev, a professional lawyer, was fined five thousand roubles (approximately £100) for “promoting homosexuality”. The European Court of Human Rights (ECHR) slammed the ban on gay-prides in Moscow, but Russia’s courts have ignored the ECHR’s decision. ECHR is yet to rule its decision on the controversial law.

Nationalists v milk

Lead by Milonov’s assistant Anatoly Artyukh, the local chapter of Narodny Sobor filed a complaint against a dairy company with the prosecutor’s office in St Petersburg, alleging that its packaging began to feature a rainbow after the city passed the ban in March. The group claims that Vimm-Bill-Dann dairy company promotes homosexuality by producing dairy products with a rainbow — a symbol of the LGBT community — on the packaging. “That’s an open propaganda of vice,” — Artyukh told Interfax news agency, adding that he, together with his fellow activists, will be preventing St Petersburg citizens from buying the company’s products. However, the dairy company denies the allegations, saying that the rainbow is nothing more than a rainbow.

Braces v rallies

Pavel Samburov, one of Moscow’s leading LGBT activists and deputy head of Rainbow Association NGO told Index that it’s unlikely that St Petersburg’s anti-LGBT laws would be passed nation wide by the State Duma. Samburov claims the law aims to “to frighten and discriminate” against members of the LGBT community “rather than focusing on implementing them heavily. “St Petersburg authorities claim 73 people have been fined for promoting homosexuality” but Samburov doubts these statistics, adding “[the] gay community is very united in Russia and is likely to know at least something about each case, but none of us know about the [other] 72 cases, only Nikolai Alexeyev‘s prosecution”.

One of Samburov’s friends was threatened by St Petersburg police after participating in demonstrations for human rights in the city on 1 May — for wearing rainbow coloured braces. He was fined 500 roubles (£10) in the end, not for breaking the gay propaganda law, but for “breaking [the] rules of participating in rallies”. While the application of anti-gay laws has brought about some ridiculous cases, Samburov explained why the law is no laughing matter:

“The law might seem funny in its misuse with Madonna, dairies or others targets, but after it was passed LGBT people in St Petersburg faced more pressure, especially in schools and medical institutions — people were told day by day they were not welcome at work and finally had to quit  because they couldn’t deal with such psychological pressure. The other consequence has been that assaults against LGBT people in streets and near gay clubs became more frequent.”

Banning Lady Gaga — South Africa’s media take a stand

US pop superstar Lady Gaga’s first sojourn to South Africa has raised the hackles of newspaper editors and religious fundamentalists alike.

Local organisers Big Concerts informed the press that, while journalists would be admitted, no press photographers would be allowed at the Johannesburg and Cape Town concerts on 29 November and 3 December. The usual practice is that press photographers take photos during the first three songs, which are then splashed across newspaper pages the next morning.

Announcing a retaliatory blackout on Gaga’s concerts, Alastair Ottor, online editor for Independent Newspapers,  described it as:

a growing trend toward individuals and organisations imposing these kinds of restrictions on news media. Sporting bodies in particular have started imposing extreme restrictions on news media because of financial interests and this very often extends beyond what we are allowed to cover to how we are allowed to cover it. As the news industry evolves into a new era, placing restrictions on the use of multimedia, or our own photographs, for example, is not something that we as the media should agree to.

Big Concerts, in a typically obtuse response, pleaded ignorance about the reasons for the ban: “This is just how Live Nation (the global concert organisers) does it. They allow journalists and send (publicity) photos out afterwards,” local newspaper Beeld was told.

The South African National Editors Forum (Sanef) released a statement decrying the decision “as a form of press censorship fundamentally in conflict with the constitutionally guaranteed freedom of media in South Africa”.

Sanef, which represents editors and senior journalists, argued that reporters and photographers are “independent observers” whose coverage the public will only trust if they are not interfered with. “While it is clear that the Lady Gaga tour is just another commercial venture, recent controversy in South Africa regarding a number of religious and other organisations which have protested vigorously against even her very presence in the country, makes her visit a matter of real public interest, and not just ‘of interest’ to her fans.”

Sanef added:

Lady Gaga’s freedom to visit South Africa and to perform regardless of any offence she may cause to those opposed to her shows is in fact protected by the freedom of speech provisions in our constitution.

The organisation expressed concern about “a growing trend by commercial event organisers to try to impose censorship or restrictions on the media”.

However, Sanef omitted to mention that the South African press includes multinational companies with a commercial interest in the ownership and distribution of photos.

Gaga has recently been subjected to international press attention exposing her so-called “weight gain”, which would explain why she would want to control the kinds of images that the media elect to distribute of her.

Gaga’s Cape Town concert featured a performance espousing a feminist objection to the control of women’s bodies, as she was wheeled onto the stage hanging among make-believe animal carcases, shouting: “Do you think I am meat? Meat is precisely what we treat women as.”

Independent Newspapers decided to boycott the concerts by not publishing reviews, even though Gaga attracted some 65,000 people in Johannesburg and 40,000 in Cape Town.

But Mail and Guardian online editor Chris Roper ridiculed that stance: “It’s true! Gaga is worse than a Satanist! She’s also an enemy of democracy who spits on our Constitution, and is possibly the worst threat our fledgling country has faced… Seriously, guys? Because Gaga doesn’t want news photographers to take upskirt shots of her meat dress and no veg, it’s a threat to our Constitution?”

Roper pointed out a similarity between Sanef and fundamentalist Christians who started a Facebook page called South Africa: No to Lady Gaga and Satanists. Both, Roper says, represent “outmoded belief systems reacting with antagonism towards the inevitability of the new world. Sanef still seems to believe that it matters a damn to Gaga whether traditional media covers her concerts, and Christians seem to believe that they can stem the tide of rational secularisation.”

The South African Council of Churches, an umbrella body once known for its anti-apartheid resistance, held a small protest at the offices of the government arts and culture department in Pretoria, demanding that Gaga be denied entry into South Africa. A handful of people also protested in Cape Town, insisting that the “bride of Satan” will bring a curse upon South Africa.

 

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