A message to those who think insults should be illegalPosted on January 1, 2013
One of the fundamental tenets of a free society is free speech – the freedom to criticise, to debate, to hold to account and to shock or insult. The world is full of people who will say “I believe in free speech – but it doesn’t mean the right to insult people or their beliefs.”
Well, I’m sorry if you find this offensive, but I’m about to offend that belief. It’s illogical nonsense. Free speech is not free speech if you cannot use it freely – and part of its function is to allow people to express their beliefs, including that the beliefs or sensitivities of someone else are incorrect, unpleasant or just plain idiotic.
The fallacy of “I believe in free speech, but not the freedom to offend” is alarmingly widespread, and extremely dangerous. Sometimes it is spouted by the naive, the mistaken or the simply stupid – but often it is a faux-logic cover for those who simply do not believe in freedom at all.
Claiming to believe in free speech but not in the freedom to offend is like saying you believe in the freedom to breathe, but not the freedom to absorb oxygen into a bloodstream, or that everyone has a right to use pens but ink should be banned. It means you don’t believe in free speech at all. It is the verbal equivalent of sleight of hand – and not a very good one, drawing a distinction where no distinction exists.
If you are guilty of using it, please stop doing so. In the magic trick stakes, it’s more like the kind you get free in a cracker and try to perform drunk on Christmas afternoon than a Derren Brown illusion. No one thinks you actually have magic powers, they think you’re a tiresome relation who can’t hold his drink. When you finally doze off in front of one of the weaker Bond films, they’ll raise a silent cheer and either draw on your face or place your hand into a cup of warm water. Or both.
Until now, the law backed up these amateur Paul Daniels tribute acts. Section 5 of the Public Order Act 1986 made it a criminal offence to say anything insulting, where that insult is defined subjectively by the recipient of the comment or anyone witnessing or hearing tell of it.
I’m delighted to read that the Home Secretary has now accepted a Lords amendment to delete the provision which outlaws insults. I hope you will join me in congratulating the Reform Section 5 campaign – and in keeping a watchful eye for any other incursions into free speech.