Ireland: Legal threats from Catholic commentators put drag artist Panti in a twist

Rory O'Neill's alter ego Panti

Rory O’Neill’s alter ego Panti

Is it possible to be opposed to gay rights without being homophobic? Is belief in a “cure” for homosexuality proof of prejudice against gay people?

On the other hand, is it libelous to call a Catholic commentator “homophobic”?

Ireland has been dealing with these questions for the past week.

On Saturday, Rory O’Neill, a well-known drag artist who has performed for many years under the name Panti, appeared on RTE’s The Saturday Night Show.

O’Neill made some interesting points at the progress gay people have made in Ireland, suggesting that because of the country’s small population, societal change can happen much more rapidly. He told chat show host Brendan O’Connor:

So much has changed. And I think em a small country like Ireland sometimes we get a bad rap because people think “oh small conservative country blah blah blah”. But actually I think a small country like Ireland changes much faster than a big country because absolutely…I’m..think about it every single person in this audience has a cousin or a neighbour or the guy that you work with who is a flaming queen. I mean you all know one. And it’s very hard to hold prejudices against people when you actually know those people. And Ireland because it’s such small communities grouped together, everybody knows the local gay and you know maybe twenty years ago it was okay to be really mean about him but nowadays it’s just not okay to be really mean about him. The only place that you see it’s okay to be really horrible and mean about gays is you know on the internet in the comments and you know people who make a living writing opinion pieces for newspapers.”

When pressed on whether he meant anyone specific, O’Neill named Irish Times columnists John Waters and Breda O’Brien, and also the Iona Institute, a conservative Catholic think tank whose founder, David Quinn, makes regular appearances in print and broadcast media (though O’Neill did not mention Quinn in person).

O’Neill went on to suggest that while these people may not actually describe themselves, or see themselves, as homophobic, their position on gay marriage, for example, was essentially homophobic:

What it boils down to is if you’re going to argue that gay people need to be treated in any way differently than everybody else or should be in anyway less, or their relationships should be in anyway less then I’m sorry, yes you are a homophobe and the good thing to do is to sit, step back, recognise that you have some homophobic tendencies and work on that.”

Robust, perhaps, but not an unheard of position, and one that the likes of Quinn, O’Brien and Waters could have responded to in their respective columns.

That’s not quite what has happened.

On Saturday night, the same night O’Neill was on TV denouncing the Iona Institute, a researcher for the organisation, Tom O’Gorman, was brutally killed in his home in Dublin, apparently after an argument over a chess game.

On Wednesday, news site thejournal.ie reported that the national broadcaster had removed the edition of The Saturday Night Show from its RTE player website, edited out references to the various columnists and the Iona Institute, and uploaded the show again. RTE confirmed to the Journal that:

Last weekend’s The Saturday Night Show was removed from the Player due to potential legal issues and for reasons of sensitivity following the death of Tom O’Gorman as would be standard practice in such situations.”

The sensitivity question is an interesting one: While anyone would feel sympathy towards the members of the Iona Institute following the loss of their colleague, the slain O’Gorman himself was not named by O’Neill, and the fact of a brutal murder does not put the Institute’s views beyond debate.

So what were the “legal issues”? Could they be related to the murder investigation? Hard to see how.

Yesterday, Broadsheet.ie, another news site, published a transcript of the deleted scenes, along with correspondence in which the national broadcaster warned them “You are hereby put on notice that the publication and continued publication of this interview and any transcripts thereof may be defamatory.”

“Concerns” had apparently been raised about the interview, though RTE did not say by whom.

Meanwhile, O’Neill tweeted that he had started receiving legal letters – again, he did not say from whom, except that some were expected and some were not.

 

The Irish Independent reported, however, that Waters lawyers had been in touch with RTE, and that O’Brien was seeking advice. The Iona Institute refused to comment.*

Just as that case moved into another stage, The God Slot, RTE radio’s flagship religion programme managed to start a whole new row over how Ireland talks about gay people. The show’s twitter account, trailing the contents of the Friday evening episode, tweeted: “Can gays be cured of being gay? Try The God Slot Fri 17/01”.

The crass wording led to an avalanche of criticism, which the poor soul running the account did not handle very well at all. In fact, they ended up saying critics who objected to the implication that gay people could be “cured” were, in fact, engaging in “fascism masquerading as liberalism” Both tweets have since been deleted, and RTE has attempted to explain that the item on the show is actually dedicated to refuting claims for “gay cures”. But the defensiveness with which the show initially handled criticism suggests that the RTE employee handling the account did not understand what people would perceive as wrong with the post.

The irony is that LGBT rights have made enormous progress in Ireland since homosexuality was decriminalised in 1993. People such as Panti were at the forefront of making gay people visible back then. These days, even sports stars such as hurler Donal Og Cusack can talk about their sexuality and get widespread support. Civil partnership is available for gay people, and there is a strong push for gay marriage.

There remains, though, a rump of conservative Catholicism which is moving from a point of authority to a point where it sees itself as victimised by a progressive, metropolitan elite. Hence the reported legal action against Panti. If the Catholic right was more confident in its arguments, it wouldn’t attempt to censor the other side. As commentator Gavan Titley put it: “Top tip: when you start losing the culture war you long hankered after, sue.”

*UPDATE: Panti has posted the following on Facebook regarding legal letters: “There has been a lot of speculation so for the sake of clarity: I have not received any correspondence, legal or otherwise, from John Waters. I have received four solicitors letters on behalf of Breda O’Brien, David Quinn, Patricia Casey, and John Murray, all of whom are associated with the Iona Institute. If you are going to comment, please be careful and measured!”

HT Niamh Puirseil on Twitter

Turkey’s proposed internet law met with strong opposition

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish authorities have this week come under severe criticism for their proposed amendments to the country’s internet law, which among other things, would effectively allow the government to block websites.

The changes, tabled by the Family and Social Policy Ministry of Prime Minister Recep Tayyip Erdogan’s government, “would give the transport and communication minister the power to block websites deemed to infringe privacy, as well as compelling internet service providers to retain information of their customers’ movements on the net,” reports The Financial Times. “The measure, attached to an omnibus bill, increasing its chances of passage, would also require ISPs to restrict access to proxy sites, which can allow users to circumvent censorship,” it added.

DW reports that “the director of Turkey’s internet regulatory agency would be allowed to act immediately and unilaterally “in case of emergency”. After 48 hours, those decisions would theoretically have to be approved by a judge.” It also states that “under the new law, the government would also be allowed to block individual URLs instead of entire websites” — meaning they could technically block individual social media profiles — and that ISPs would be forced “to join a state-controlled association in order to continue doing business”.

The move comes after a high-profile corruption scandal which has implicated parts of the country’s political elite, and as the government is also trying to increase its power over the judicial branch. However, it is also believed to be part of an ongoing crackdown on internet freedom, and connected to the widespread use of social media during the anti-government Gezi Park protests last summer.

“According to Google’s most recent transparency report, the Turkish government requested the removal of 9,610 items from the internet in the first half of 2013, the most in the world and about three times as many as the United States, which had the second-most,” writes Slate. “Google complied with only 13 percent of Turkey’s requests, which included “a court order to remove any search results linking to information about a political official and sex scandal,” “a Google+ profile picture showing a map of Kurdistan,” and “17 YouTube videos and 109 blog posts that contained content critical of Ataturk.” YouTube was blocked entirely over videos deemed insulting to Ataturk in March.”

Only last Friday, video sharing site Vimeo was blocked. “The blocking of Vimeo came after protesters frequently used the website to share videos covering the nation-wide anti-government demonstrations during month-long Gezi protests in last summer,” writes Cihan. “The move is seen by many people as silencing internet tools to prevent dissidents and citizen journalists from sharing video footage regarding any social and political activity,” they add.

The proposal has been met with high-level opposition.

“The law, which results in limiting the individual’s fundamental rights and freedoms, has also been subject to a ‘rights violation’ ruling of the European Court of Human Rights,”the Turkish Industry and Business Association (TÜSİAD) said in a statement, reported by Hurriyet Daily News. “In such a situation, the planned amendments to the law are concerning and will increase censorship on the internet. The draft should be cleared of articles that could harm the fundamental rights and freedoms and the internet economy that is growing every day.”

The head of the Turkish Informatics Foundation (TBV), Faruk Eczacibasi has also spoken out: “We have been saying since 2007, when this law came into force, that it would harm our country’s chances of becoming a society based on knowledge. In 2012, the European Court of Human Rights also ruled that this law violated the freedom of expression as well as other human rights,” reports Al-Monitor, adding that “at a time when we continue to call for these mistakes to be corrected, and for human rights to be respect while monitoring the internet, we regret to see the exact opposite happening”.

However, the government has hit back. “With the new legal arrangement, we intend to protect individual rights. Let’s say one of our citizens has become a victim [of a privacy breach]. He won’t have to wait for an answer from the provider of the content. He can directly apply to the court for it,” said Transport and Communication Minister Lütfi Elvan, reports Turkish Weekly.

“This legal arrangement is by no means a regulation that brings censorship. It is one that helps [Turkey] to reach the standards of developed countries and makes the present law more functional.”

But lawyer Serhat Koç, a spokesperson for the Pirate Party of Turkey told bianet: “If the draft will be implemented, the life will harder for internet users in Turkey. Censors on citizen journalism, scientific research and social media will be a routine.”

Davos must address secret mass surveillance scandal

Leading free speech and privacy organisations call on the world’s elite assembled at Davos to tackle the challenge of global mass surveillance of electronic communications.

ARTICLE 19, English PEN, Index on Censorship and Open Rights Group are urging global leaders to discuss how states ensure security measures do not undermine rights and individual liberties, following revelations that the security agencies have been conducting secret mass surveillance of the digital communications of millions of people around the world.

The organisations said:

“The mass surveillance of our communications by the NSA, GCHQ and others undermines the right to privacy, free speech and media freedom. As such it is an assault on democracies and our societies. The leaders assembled at Davos must take a stand against surveillance – stop spying on us now.”
Secret mass surveillance is a threat to democracy and the rule of law.
If people are unable to know about the extent of government surveillance, we are unable to protect our fundamental rights.

When private communications are monitored by the state in secret, confidence in digital communications technology is unacceptably compromised, which has a severe chilling effect on freedom of expression and dangerously risks restricting the free flow of information.
Online surveillance programmes threaten to weaken the general security and privacy of communications systems and undermines trust in digital services. This has economic implications, as well as compromising the ability of people to express themselves.

We believe that:

Surveillance is only legitimate when it is targeted, authorised by a warrant, and when it is necessary and proportionate.

Mass population-wide surveillance is never justified.

Secret agreements that sanction mass surveillance undermine democracy. Citizens need a clear legal framework that governs state surveillance, in order to protect their rights.

All surveillance should be sanctioned by an independent judge on a case-by-case basis.

There must be effective, independent oversight of surveillance to command public confidence that such surveillance is not being abused.

For further information or interviews please contact:

Jo Glanville, Director, English PEN – tel 0771 302 0971
Kirsty Hughes, CEO, Index on Censorship – tel 07577 483 815
Jim Killock, Executive Director, Open Rights Group – tel 0789 449 8127
ARTICLE 19 – tel 0207 324 2510
Liberty

The Palestinian Authority is worse than Hamas for free speech, activist claims

khalilsA leading Palestinian human rights activist has claimed that freedom of speech is far greater under the Hamas regime in Gaza than in the Fatah-controlled West Bank.

Khalil Abu Shamala, director of the al-Dameer Centre For Human Rights – which works in both Gaza and the West Bank – said that although there were still occasional arrests of Fatah members, “nowadays we don’t document many violations”.

He noted that this was partly down to Hamas’s weakness in the face of international pressures, particularly the breakdown of relations with the Egyptian regime.

In the past, Hamas has made large-scale arrests of journalists and called many others in for questioning, with opposition activists and bloggers facing harassment.

But although abuses still occurred in Gaza, Abu Shamala said that government forces in the Palestinian Authority–controlled West Bank took much harsher action against critics.

“Freedom of expression in Gaza is better than in the West Bank,” he told Index on Censorship. “We have many cases where the PA arrest and attack people because they criticize them on Facebook, and many Facebookers in the West Bank use alternative names, not their real names. But here, they speak without any harassment by Hamas.”

A rift between Hamas and Fatah, which culminated in the Islamist group seizing power in the Strip in 2007, has led to the creation of two near-separate entities in Gaza and the West Bank. Hamas refuses to recognise the Jewish state and is under an embargo by Israel and the international community.

“I don’t know why, but in the West Bank, Palestinian Authority security systems have cooperation and coordination with Israel – and they don’t want to give the opportunity for a third intifada, and they don’t want to allow Hamas or those who are against the Palestinian Authority [to speak out] because they know many of the Palestinians in the West Bank hate the Palestinian Authority,” Abu Shammala continued.

Hamas has previously issued proceedings against Abu Shamala for his outspoken criticism of the Islamist group.

“After they took over Gaza, they wanted from the beginning to impose their Islamic agenda on the society,” he said, adding that his organisations and others had tried to combat these efforts.

The Hamas deputy foreign minister, Ghazi Hamed, denies that his government took any action to silence their critics.

“We are not oppressing people and people can speak loudly, can criticise the government, can criticise Hamas,” said Hamed. “We never put anyone in jail who criticizes Hamas or write something against Hamas. We have different organisations, political parties, even writers, they have full freedom to write what they want.”

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