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For the good of society, American cartoonist Mike Diana was jailed without bail in 1994. So ruled a jury at the Pinellas County court in Florida, taking just 90 minutes to find him guilty of obscenity following a week-long trial in March of that year.
Diana was the first – and to date, only – cartoonist to be jailed for his work in the USA.
His ordeal began when one of his Boiled Angel comics – with the stated aim of being “the most offensive zine ever made” – ended up in the hands of a law enforcement officer in California in 1991. The shocking (and often funny) depictions of sex and violence reminded him of a series of then-unsolved murders in Gainesville, Florida. He passed his suspicions on to counterparts in the Sunshine State who took a blood sample from Diana. The cartoonist was found to have had absolutely no links with the crime but prosecutor Stuart Baggish took one look at the comic “and knew right away what [he] was looking at was obscenity”.
Boiled sold only 300 copies by mail and the only issue sold in Dian’s hometown was to an undercover police officer. Although quickly released, Diana was given three years probation, ordered to pat a $3,000 fine, given 1,248 hours community service and ordered to avoid contact with minors.
A new documentary is in the works about Diana and the limitations of the right to free speech in the face of outrage and cries of obscenity. The Trial of Mike Diana, created by cult filmmaker Frank Henenlotter, has launched a Kickstarter campaign to raise funds to finish the film and to cover the costs of a legal review typical of a project which deals heavily with the American court system.
The documentary features many of those who were there during the 1994 trial, including Baggish, as well as interviews with Diana fans and supporters Neil Gaiman, Peter Bagge and Stephen Bissette.
Diana will contribute original animation to the film.
For a medium that lends itself so well to the light-hearted, cartoons have frequently fallen victim to censors. More than two decades on from the sentencing of Diana, they still face prosecution, persecution, death threats and abuse worldwide. Last year’s attack on the offices of Charlie Hebdo was the most high-profile example of just how dangerous the medium can be.
Could history be repeated in the USA? Are the freedoms many Americans take for granted at risk? As Henenlotter puts it: “Freedom of Speech doesn’t mean anything if your art is declared ‘obscene’ and one man’s art could be another man’s obscenity. That’s the battle we explore in this documentary: an improbable collision between comic-book art and the First Amendment.”
More articles about cartoonists:
Targeted cartoonists show support for Charlie Hebdo
Malaysian cartoonist Zunar says “I will keep drawing until the last drop of my ink”
Ecuadorean cartoonist Bonil facing charges after mocking politician
Indian cartoonist arrested on sedition charges
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Zunar receiving the award from Kofi Annan, secretary-general of the United Nations, at the Palais Eynard, Geneva
Malaysian cartoonist Zulkiflee Anwar Haque, aka Zunar, has won the 2016 Cartooning for Peace Prize.
The award was presented at a ceremony at the Palais Eynard in Geneva on Monday 3 May 2016 by the honorary president of the Swiss Foundation Cartooning for Peace and former secretary-general of the United Nations Kofi Annan.
Annan said the award — jointly won by Kenyan cartoonist Gado — “reminds us how fragile this liberty remains in Africa and in Asia as well as in other regions of the world”.
“Through their commitment towards open and transparent societies, Gado and Zunar, who have received threats in their countries of origin and can no longer practice their profession, confront us with our responsibility to preserve freedom of expression and act in order to support the combat of those who cannot express themselves through their art,” Annan added.
Zunar has been repeatedly targeted with arrest, detention and harassment for his cartoons which are critical of corruption and abuses of power committed by the Malaysian government. He is currently facing nine charges of sedition for criticising Malaysia’s judiciary over the recent incarceration of a Malaysian opposition leader and faces a possible 43 years in prison if found guilty.
The cartoonist said the Cartooning for Peace Prize gives him “strength for me to continue the fight against the 60-year old corrupt and repressive Malaysian regime”.
He said human rights and freedom of expression are in “dire straits” in Malaysia and the country’s institutions and draconian laws such as the Sedition Act are routinely used as a tool to “silence critics” and “maintain power”.
“Talent is not a gift, but a responsibility,” Zunar added. “It is a duty for me as a cartoonist to use the art as a weapon to fight unjust rulers. Fear and intimidation are the potent tools being used by the regime to scare the people.”
“I also strongly believe that, when faced with a moral crisis, there is no room to grumble in silence. We have to stand up and cry our voice out loud and clear. Neutrality is escapism for those who live in a comfort zone.”
Zunar has spent two periods in Malaysian jails, firstly in September 2010 and again from 10 February 2015. Several of his books have been banned while bookstores carrying his works have been raided and three of his assistants were arrested in October 2014 for selling his books. The webmaster, who manages his website and online bookstore, has been interrogated by Malaysian police.
Zunar has previously been awarded the 2011 Courage in Editorial Cartooning Award by Cartoonists Right Network International, the 2011 and 2015 Human Rights Watch Hellman/Hammett Award, and the 2015 International Press Freedom Award by the Committee to Protect Journalist.
Zunar received a standing ovation at Index on Censorship’s Freedom of Expression Awards in London in April.
Zulkiflee Anwar Haque, aka “Zunar”, upper right, is saluted by the audience. (Photo: Elina Kansikas for Index on Censorship)
The court case against Malaysian cartoonist Zunar on nine charges of sedition was due to begin today, carrying a maximum penalty of 43 years in prison. Instead, the artist and his lawyers filed applications to have their cases referred to the high court, mounting a constitutional challenge to the country’s Sedition Act and delaying the case against them.
The charges of sedition are in relation to a series of nine tweets the cartoonist wrote in February concerning the politically charged sodomy conviction against Malaysian opposition leader Datuk Seri Anwar Ibrahim.
Zunar’s lawyer, Eric Paulsen, who was also due to face charges of sedition this morning, says the Sessions Court, which was due to hear the case, does not have jurisdiction to do so. He has posed the following three points for consideration by the court:
1 Whether section 3(3) of the Sedition Act 1948 is unconstitutional as it states that the “intention” of the maker “shall be deemed to be irrelevant” when making the seditious statement;
2 Whether the Sedition Act unlawfully criminalises peaceful expression of free speech and is thus unconstitutional;
3 The recent Federal Court case in PP v Azmi Sharom misread the constitution and should be reconsidered. Under Article 10(2), “Parliament may by law impose” restrictions on fundamental rights. Therefore, as the Sedition Act pre-dates the Constitution, it cannot be read into Article 10(2) to restrict freedom of speech.
The Malaysian Federal Court dismissed a similar constitutional challenge against the Sedition Act by University of Malaya law lecturer Dr Azmi Sharom early last month. Zunar’s application is now fixed for a hearing on 8 December, and the decision will be made on 15 December.
In the meantime, there are no trial dates set for the sedition case against Zunar and his lawyers.
Zunar has just returned to Malaysia, after visiting the UK to raise awareness of his case and mount an exhibition of his work at London’s Cartoon Museum.