Category: Censorship

Speech Art

| 2 Comments
| Blasphemy, Censorship, Freedom of Expression, US Supreme Court

Cover of Bezanson's Randall P Bezanson has just pubished another very important book on on Art and Freedom of Speech (University of Illinois Press, 2009), exploring the decisions of the US Supreme Court relating to artistic expression under the First Amendment. From the abstract:

… In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, Bezanson focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government’s role as supporter and “patron” of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?

Accessibly written and evocatively argued, Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment–in fact, even more free than other forms of speech.

In matters that have recently featured on this blog, his views on blasphemy (discussed here) and treaspassory art (discussed here) will resonate with our recent blasphemy and Cowengate controversies.

Mark Tushnet has written an excellent discussion of Bezanson’s book.…

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Film classification and press regulation

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| Censorship, Freedom of Expression, IFCO, Press Council

Two pieces in yesterday’s Irish Times caught my eye. The first relates to the retirement of the man who has probably the most recognised signature in Ireland. The second relates to the responsibility of those who write other words that many of us read.

IFCO logoFor the past six years, every movie released in Ireland has been classified by his office with a certificate signed by him. He is John Kelleher, and he has just retired as Director of the Irish Film Classification Office:

‘I don’t believe in censoring for adults’

He’s seen nearly 2,000 films personally and supervised the watching of 55,000 others, yet the film censor John Kelleher only banned one film. Mr Kelleher, the director of the Irish Film Classification Office (Ifco), stepped down yesterday just two days short of his 65th birthday. …

He says his biggest achievement in office was to be involved in last year’s Civil Law (Miscellaneous Provisions) Act, which changed the name from the Irish Film Censor’s Office to the [the Irish Film Classification Office] Ifco. The Act changed his job title to reflect his primary role in classifying rather than censoring films. The phrase “likely to cause harm to children” was introduced into the legislation for the first time.

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Publishing Lolita

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| Censorship

Cover of first edition of 'Lolita', via WikipediaIf Lady Chatterly’s Lover isn’t obscene, how about Lolita? Yesterday’s Times has a fascinating story about Peter Carter-Ruck‘s advice to George Weidenfeld in advance of the UK publication of Vladimir Nabokov‘s novel (with some added links):

Lolita: how a lawyer’s cunning plan paid off for Vladimir Nabokov

With all the brouhaha over Carter-Ruck allegedly stifling free speech it is intriguing to note that it was the very founder of the firm who struck a blow for freedom of expression 60 years ago. …

In 1727 Edmund Curll was convicted for the common law offence of disturbing the King’s peace over the publication of the erotic book Venus in the Cloister … The precedent for obscenity was set.

Weidenfeld turned to the most famous libel lawyer of his generation, the late Peter Carter-Ruck, … [who] advised that the book was a fair business risk for publication, subject to the amendment of four sentences. Nabokov categorically rejected this advice. …

In the event, Carter-Ruck devised a scheme of remarkable cunning. … He advised that the Government should be informed, by letter, of the intention to distribute the book in this country. A small number of copies of the book were printed, and the letter was sent, but at a critical point — during the period that Parliament was dissolved before the general election.

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Protesting 21st Century Censorship

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| Censorship

Protest poster, via Index on CensorshipIn the 21st century, the power to censor is not just a matter of state action, and 21st century censorship requires 21st century responses. From the Index on Censorship Free Speech Blog, John Kampfner, CEO of Index on Censorship, writes about their day of action against 21st Century censorship (some links in original, some added):

The new free expression debates

On the morning of Monday 12 October, Index on Censorship will be teaming up with Policy Exchange and Google to discuss free expression and the Internet. Later that day, Liberty and Index on Censorship will stage Protest! an exciting event encouraging students to exercise their right to free speech, with special guest Sir Hugh Orde, head of the Association of Chief Police Officers.

Why, people might sensibly ask, is Index on Censorship engaging with one of the world’s leading technology corporations and one of Britain’s top police chiefs? The answer is because we no longer see free expression only through the traditional prism of outright state censorship of or violence against writers and journalists.

The issue is more complex than that now. …

More here.…

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Updates: Joyce, hecklers and broadcasting

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| Academic Freedom, Blogging, Broadcasting Authority of Ireland, Censorship, Copyright, Cyberlaw, Digital Rights, Freedom of Expression, James Joyce, journalism, Media and Communications, Regulation, Universities

Updates logo, via Apple websiteI suppose if I spent ages thinking about it, I could find a spurious thread linking three stories that caught my eye over the last few days, but in truth there is none, except that they update matters which I have already discussed on this blog. (Oh, all right then, they’re all about different aspects of freedom of expression: the first shows that copyright should not prevent academic discussion; the second shows that hecklers should not have a veto; and the third is about broadcasting regulation).

First, I had noted the proclivity of the estate of James Joyce to be vigorous in defence of its copyrights; but it lost a recent case and now has agreed to pay quite substantial costs as a consequence:

Joyce estate settles copyright dispute with US academic

The James Joyce Estate has agreed to pay $240,000 (€164,000) in legal costs incurred by an American academic following a long-running copyright dispute between the two sides. The settlement brings to an end a legal saga that pre-dates the publication in 2003 of a controversial biography of Joyce’s daughter, Lucia, written by Stanford University academic Carol Shloss. …

More: ABA Journal | Chronicle | Law.com | San Francisco Chronicle | Slashdot | Stanford CIS (who represented Shloss) esp here | Stanford University News (a long and informative article).…

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Broadcasting Authority imminent

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| Broadcasting Authority of Ireland, Censorship, Media and Communications

Satellite uplinkThe Broadcasting Act, 2009 (pdf) sets the regulatory framework for broadcasting services in Ireland. It consolidates all Irish broadcasting legislation into a single Act, and establishes a new Broadcasting Authority of Ireland (BAI, incorporating the functions of the current Broadcasting Commission and RTÉ Authority). According to Paul Cullen in today’s Irish Times, the BAI is to be established this week:

A new authority with powers to regulate all broadcasting, both commercial and RTÉ, is due to come into existence this week.

The Broadcasting Authority of Ireland (BAI) is expected to begin operations next Tuesday once the Cabinet approves five nominations to its board by Minister for Communications Eamon Ryan. The remaining four board members will be appointed by the Government on the nomination of the Joint Oireachtas Committee on Communications.

A little while ago, the Sunday Business Post reported that the Committee has decided to advertise those posts, so that it will be some time before they are appointed and that the Board will be only partially in place this week. Whether fully or partially established, there will be much for it to. For example, Cullen reports that

… One of the first tasks of the new authority will be to draw up new rules governing the advertising of junk foods on television, something which is specifically provided for in the new legislation.

…

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FoE in the EHRLR

| 3 Comments
| Blasphemy, Censorship, criminal libel, Defamation, ECHR, EU media policy, Freedom of Expression, Human Rights, Legal Journals and Law Reviews, libel tourism, Sedition

EHRLR cover, via ECHR BlogThe current issue of the European Human Rights Law Review ([2009] 3 EHRLR | table of contents (pdf) | hat tip ECHR blog) contains a wonderful piece by my colleague Dr Ewa Komorek entitled “Is Media Pluralism a Human Right? The European Court of Human Rights, the Council of Europe and the Issue of Media Pluralism” [2009] 3 EHRLR 395.

Here is the abstract (with added links):

The need for pluralist media stopped being purely a national concern a long time ago and thus it has for decades been subject to scrutiny by the Council of Europe and the European Court of Human Rights. Media pluralism has always come to their agenda as a prerequisite for freedom of expression guarded by Article 10 of the European Convention of Human Rights. It is important to distinguish the two ‘faces’ of media pluralism: internal (which may also be called content pluralism or diversity) and external (or structural). This article focuses on television broadcasting and argues that while the Court of Human Rights has essentially been successful in safeguarding internal pluralism, the protection of structural pluralism proved more difficult to achieve by means of the Court’s case law. This prompted the Council of Europe to step in and attempt to fill the gap with regulatory proposals.

…

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