"Offensive" speech should be met with argument, not arrest

Should the 1986 Public Order Act be used to curb homophobic speech by religious street preachers? A Baptist, Dale McAlpine, has been charged with causing intentional “harassment, alarm or distress” by describing same sex relationships as sinful. McAlpine was arrested after preaching from the top of a stepladder in Workington, Cumbria.

If you subscribe to the view that merely causing offence shouldn’t be deemed a genuine harm, as many defenders of free speech do, then this application of the 1986 law is morally indefensible. McAlpine’s sermon was certainly offensive to some, but it didn’t harm them. Hate speech, in contrast, is speech designed to cause its hearers real psychological pain. In some cases it can be more damaging than physical violence. If the law were used to curb this, there would be a better justification, though that would involve sensitivity to the details of each case. But there is little evidence that McAlpine was intending psychological damage to passersby. If anything, his intentions, though misguided, were benevolent.

There is a further problem with this case. The principle on which the arrest was made could be applied to just about any expressed view that listeners find offensive. Consistent application would result in the arrest of the Pope if he pronounces on homosexuality during his visit to the United Kingdom, but also of Christopher Hitchens or Richard Dawkins if they speak out publicly against the Pope’s immoral behaviour in relation to paedophilic priests.

Moral, political or religious disagreement shouldn’t be re-defined as “harassment” — that’s the sort of shift of meaning that George Orwell warned us about long ago. Greater toleration of divergent viewpoints is the answer here, not censorship. False and offensive speech should be met with counter-speech, not a gag.

Nigel Warburton is the author of Free Speech: A Very Short Introduction, He will be blogging regularly for Index on the philosopical aspects of free speech contoversies

Behzti is no longer taboo

An unpublicised reading of the cancelled Sikh play proved excuses for its continued censorship have been demolished argues Robert Sharp

This is a cross-post with liberty central

Last Friday, British theatre took a small step in the direction of free speech. At the Soho Theatre, in the heart of London’s west end, Gurpreet Kaur Bhatti’s Behzti was performed in the UK for the first time since it was controversially cancelled in 2004.

Let us be clear: this was no great stride for freedom, more an anxious shuffle. The performance was a rehearsed reading, not a full production, and received no publicity whatsoever. It was completely absent from the theatre’s website, and was only advertised to those who had been to see Behud, Bhatti’s most recent play. Buying a ticket felt a little like purchasing bootleg liquor from under the counter, and the atmosphere in the auditorium was, I imagine, how dissidents must have felt in the 1640s, when religious puritans closed the theatres and drama was performed illegally. Proper free speech has to be more open than this.

However, at the start of the performance, it became clear just how necessary and important this toddler’s step was to those who lived through the panicked, abrupt cancellation of 2004. I was surprised to hear Janet Steel, the director of the original production, say that she “thought this day would never come.” To an outsider, this modest reading was hardly radical. But to those who were threatened, who witnessed the picket lines first-hand, it is as if the cancellation happened yesterday. The first impressive thing about Friday’s reading was how many of the original cast had turned out to revive the script.

The performance revealed just how essential it is to the piece that it is set in a gurdwara. The rapist, Mr Sandhu, has built the temple, and is responsible for extending it. His office is his lair, and he derives his power over the other characters when he is in it. Choose any other setting (as some have suggested) and the key dynamic simply doesn’t work.

Behzti is often referred to as “that Sikh play”, a phrase which suggests a comparison with “The Scottish Play” (indeed, it has a lot in common with Macbeth, including a heightened realism and off-stage murders). This label suggests that it is for the Sikh community alone to determine its worth and relevance. This is a mistake – sexual abuse is, sadly, universal. For example, scenes from Behzti were mirrored in Two Women, which has just finished a run at the Theatre Royal, Stratford East. In that play, too, we see the complicity of women in the perpetuation of the abuse cycle. And we all know that child abuse and even murder within a church setting is a long established theme for drama. Behzti is a visceral play that the British public, all of us, deserves to see.

Six years after its abortive first production, Behzti still feels current and relevant. The actors turned in a robust delivery with very little time to rehearse, as if they were picking up where they left off. They have reinforced the artistic case for a proper revival.

Over the past five and half years, all other barriers to a remount have also crumbled. The blasphemy argument is as incoherent now as it was then. Even in 2004, there was no consensus among Sikh commentators as to whether the play was an insult to the religion. Since then, the very idea that blasphemy is a reason for censorship has been discredited. After Behzti, controversies over the Danish Muhammad cartoons, and the protests surrounding Jerry Springer the Opera have tested the public’s patience on the issue of “offence”. Public opinion is now firmly against censoring art for religious reasons, and it is now broadly accepted that faith remains strong even when religion is criticised. Even the hotheads who might disagree in principle know that, in practice, peaceful protest and counter-speech are more effective than threats. The violent demonstrations outside the Birmingham Rep are a thing of the past.

Moreover, the police have shown unequivocally that they are prepared to guarantee the safety of the theatregoers at controversial performances. For Behud in Coventry, the West Midlands police force took this issue extremely seriously, and allocated their staff accordingly, at no charge to the theatre. They have offered to do the same for future controversial productions.

Most importantly, Bhatti herself is positive about a revival of Behzti. In past years, she was (understandably) reticent about new productions. But on Friday evening she said to me that she “would love to see a new production”.

For too long, the British theatre community has been embarrassed by the Behzti affair. Its response to the crisis was positive but far too slow. Half a decade later, theatre directors can no longer wish the play into obscurity – its continued censorship is a boil that must now be lanced. The only barrier that now remains is the British theatre community itself, which needs to purge itself of the cowardly and ignorant assumption that the play is still “off limits”.

No more of this apathy. Let it be known that, as of last Friday, this excuse of last resort has been demolished. Behzti is no longer taboo. It can be performed, properly and publicly. What are we waiting for?

Robert Sharp is the campaigns manager at English PEN

Court orders Mauritanian web editor’s retrial

The editor of Taqadoumy website Hanevy Ould Dehah remains in detention after a  Supreme Court decision to retry him  on a charge of  ‘offending public decency’, a crime for which he has already served a six-month sentence.  Commenting on his original trial Reporters Without Borders  said “The sole aim of this disproportionate sentence is to restore the reputation of Ibrahima Moctar Sarr, a politician whose financial dealings Dehah examined.”

The orthodoxy of offence

casparIn an extract from the series Manifestos for the 21st Century, New Humanist editor Caspar Melville explores the impact of identity politics on free speech
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