journalism.sg » Racial and religious offence: Why censorship doesn't cut it - 1 views
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All societies use a mix of approaches to address offensive speech. In international law, like at the European court of human rights and more and more jurisdictions, there is growing feeling that the law should really be a last resort and only used for the most extreme speech – speech that incites violence in a very direct way, or that is part of a campaign that violates the rights of minorities to live free of discrimination. In contrast, simply insulting and offending others, even if feelings are very hurt, is not seen as something that should invite a legal response. Using the law to protect feelings is too great an encroachment on freedom of speech.
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Our laws are written very broadly, such that any sort of offence, even if it does not threaten imminent violence, is seen as deserving of strict regulation. This probably reflects a very strong social consensus that race and religion should be handled delicately. So we tend to rely on strong government. The state protects racial and religious sensibilities from offence, using censorship when there’s a danger of words and actions causing hurt.
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in almost all cases, state action was instigated by complaints from members of the public. This is quite unlike political censorship, where action is initiated by the government, often with great resistance and opposition from netizens. In a string of cases involving racial and religious offence, however, it’s the netizens who tend to demand action, sometimes acting like a lynch mob.
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No matter how hard we work at developing media literacy, we should not expect to be rid of all racially offensive speech online. There are two broad ways to respond to these breaches. We can reach out horizontally and together with our fellow citizens repair the damage by persuading others to reject harmful ideas. Or, we can reach up vertically to government, getting the authorities to act against irresponsible speech by using the law. The advantage of the latter is that it seems more efficient, punishing those who cross the line of acceptability and violate social norms, and deterring others from doing the same. The horizontal approach works through persuasion rather than the law, so it is slower and not foolproof.