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GUYANA IS ATTEMPTING TO CONTROL SOCIAL MEDIA - THE NEW FREE SPEECH THREAT - BY DR. LESLIE RAMSAMMY


There is little doubt about the ruinous effects of online thr...eats and hate messages; they can be violently traumatizing. However, whether they should be considered criminal is another question entirely. As we in Guyana and around the world confront the obvious abuse of Social Media for spreading hate and inciting violence, we must remember that a government may not prohibit the expression of an idea simply because someone in a government finds the idea offensive.


Freedom of speech is a fundamental human right and any talk of regulating social media raises the specter of suppression of free speech. Social Media has become the new battlefield to protect the sanctity of free speech. Globally, governments are increasingly targeting social media with measures of control, repression and punishment. It is in this regard that the arrest of a woman for hateful messages targeting David Granger, Guyana's President, on Facebook is important.


I am unequivocally opposed to anyone using social media to spread hate, promote disharmony and incite violence, under the disguise of free speech. But who makes the judgment about how and when to curtail someone's right to free expression? The fact that there are vast numbers of people who abuse the space of Social Media to spread hate and incite violence should not tempt any government to deny freedom of speech.
When the People's Progressive Party (PPP) was in government, Social Media spewed the most disgusting hate messages against President Bharat Jagdeo and President Donald Ramotar. The hate messages against PPP Ministers and officials were nauseating and repulsive. In some instances, the attacks were centrally controlled by political parties and officials. Not only were they hateful, they robustly promoted violence against those of us who were in Government.


At that time David Granger, APNU+AFC and others defended the right of those who vigorously spewed hate messages against the PPP Cabinet and Government officials. It was their view that the social media represented protected space for free speech. By and large, the PPP agreed that the social media space was protected although we endured the most vicious of hate speech that people could imagine.


Those hate messages against people like Jagdeo, Ramotar, Sam Hinds, myself and others have not abated, even though we are no longer in government. No one should think that the fury of the internet can be controlled so that they would not also become the subject of those same kind of vile behavior. Now that APNU+AFC has power, they want to stem the tide of vile hate that targets them also.
But when is free speech too dangerous to permit? If hateful social media messages target Jagdeo, then it must be permitted because it is free speech? But if it targets David Granger or APNU+AFC, then it violates the tenets of free speech and must be criminalized? APNU+AFC wants to criminalize ideas and imprison those who express them, not on merit, but on the basis of who was targeted in the messages.


Such biased application of freedom of speech exposes the odiousness and dangers of empowering the Governments to criminalize ideas. We must be careful because those ideas we dislike today might be ideas that you like tomorrow. What happens when the PPP is back in office, then would it be right to criminalize those who attack the PPP and to promote hate against APNU+AFC?
But the challenge to control social media is not unique to Guyana. In 2013, the French Minister for Women Affairs, Njat Vallaud-Belkacem, proposed that the French Government criminalize ideas it did not like, decreeing that hateful tweets are illegal. Like, APNU+AFC, the French Government earlier was using the same arguments that censors, dictators and tyrants of every age and culture have concocted - new technology is making free speech too dangerous to permit. Unfortunately, the temptation for Government control is spreading across Europe, North America, Arab, African and Asian States.


The British used the concept of "hate speech" to criminally prosecute a British muslim teenager for the "crime" of posting a Facebook message stating "all soldiers should die and go to hell" - following the killing of civilians as part of the war in Afghanistan. Yet every day Social Media carries hate speech targeting muslims in Britain and no one has been charged, clearly a discriminatory and biased application of the law making the law an "ass".
Criminal cases for online political speech are now commonplace in the UK. More than 25,000 people in Britain have been investigated in the past three years for comments made online. But the persecution is overwhelmingly directed at the country’s Muslims for expressing political opinions critical of the state’s actions. To put it mildly, not all online “hate speech” or advocacy of violence is treated equally. It is, for instance, extremely difficult to imagine that Facebook users who sanction violence by the UK in Iraq and Afghanistan, or who spew anti-Muslim animus, or who call for the deaths of Gazans, would be similarly prosecuted.

Arab tyrants use suppression of free speech everyday to punish and imprison regime opponents. Muhammad ibn al-Dheeb, a Quatar poet, was sentenced to life imprisonment in 2011 for a verse in a poem, "Tunisian Jasmine", that drew inspiration from the Arab Spring. Quatar officials viewed it as an attack on the nation's emir. The Lebanese government in 2010 charged three men for posting comments critical of President Michel Suleiman on Facebook. The charges cannot be justified given that a major element of freedom of speech is the right to criticize a public official.
In India in 2012, two college students in Western Maharashtra were detained for commenting on a state-wide shutdown following the death of a leader of a Hindu nationalist party. Two Air India employees also spent 12 days in jail for jokes about the Prime Minister, three youth were jailed for 40 days for sharing an allegedly “blasphemous” video and a professor was arrested for a cartoon that lampooned a chief minister. These arrests were made under 66A of the Information Technology Act. India’s Supreme Court struck down 66A of the Information Technology Act that allowed prosecution for online content deemed offensive, voiding a spate of arrests in the world’s largest democracy, deeming it as “illegal and unconstitutional.”

The US Supreme Court on June 1, 2015 overturned the conviction of a man whose online rants landed him in prison. The case involved Anthony Elonis, a Pennsylvania man, who used Facebook to make a series of violent rants against his wife and others. He claimed that his free speech was protected by the First Amendment. The court sided with Elonis, deeming his rants as "free speech".

Criminalizing online speech by far appears reserved only for people with the least power and the most marginalized and oppositional. Those who serve the most powerful factions or who endorse their orthodoxies are generally exempt. For that reason, these trends in criminalizing online speech are not so much an abstract attack on free speech generally, but worse, are an attempt to suppress particular ideas and particular kinds of people from engaging in effective persuasion and political activism.
It is 100% inevitable that governments given the power will imprison people for the expression of "hateful" ideas just to shield power factions from meaningful challenge. But criminalizing ideas do not make them go away; if anything criminalizing ideas make them stronger. Indeed, few people have done as much harm in history as those who deem themselves worthy of criminalizing ideas they dislike.

We must guard against this unbelievable hubris that our views are so sacred, so objectively superior that we must penalize those who dissent. Unfortunately, there are people so convinced of their own infallibility that they want to arrogate to themselves the power not merely to decree which views are wrong, but to use governments to suppress those views and punish people for expressing them. Under the most basic free speech principles, empowering officials to criminalize the expression of dissenting views is far more dangerous than the views themselves.
Dr. Leslie Ramsammy
April 3, 2016

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Leslie is a criminal lover who have ZERO credibility.  So let him haul his cunnu-munnu cunny.  By the way, they should jail that racist 'oman who want put bullet in other people's head.

She know what is it to mek wan picknee?

FM
Brian Teekah posted:

Leslie is a criminal lover who have ZERO credibility.  So let him haul his cunnu-munnu cunny.  By the way, they should jail that racist 'oman who want put bullet in other people's head.

She know what is it to mek wan picknee?

Why the change of heart?  In your other thread you said that public figures should have thicker skin to words of condemnation.

Bibi Haniffa

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