Showing posts with label freedom of speech. Show all posts
Showing posts with label freedom of speech. Show all posts

Sunday, January 11, 2015

Je sui Charlie Hebdo - in memoriam

With respect and in memoriam:  http://www.charliehebdo.fr/index.html

As an atheist and surrealist artist who has and who will continue to criticise religions I reserve the right to offend, insult, humiliate, ridicule and defame all gods and their associated prophets. But depicting one and critiquing one prophet only, Mohammed,  is illegally and illegitimately outlawed not only on the threat of but by the real prospect of execution. The brittle religion of Islam is protected on pain of death by followers of that faith. Those defending the rights of that faith to express itself without criticism fail to understand they are defending the intolerant and a brutal ideology based on intolerance.

I make no apology to Islam, Christianity, Judaism or other religions and supernatural belief systems for any hurt. With regards criticism of religions the mainstream media, political climate and social commentary have contributed to the demonising of anyone who critiques Islam because to do so is claimed to be racist and right-wing. Yet conversely Christianity or Judaism are fair game because, they somehow deserve it having caused enough bloodshed, pain and outrage in the past. Err, what? The sheer contradiction, lack of logic, and lack of historical knowledge is breathtaking.

Charlie Hebdo were largely shunned and cast as intolerant by this mainstream as, "white privileged male racists" for their critical satire lampooning Islam (only Islam). Charlie Hebdo though ridiculed all religions and politicians or societal structures on a wide scale and has done so with anarchic glee, none were/are/will remain immune. Why did/does their satire of Islam illicit a different examination by apologists, was it, is it fear of offending intolerance? Such acts of provocation, of anti-establishment dissent and resistance have a long history in France and in pre and post industrial western Europe. For free thinkers, and those who enjoy the freedoms afforded within a free society, whether tasteful or not, such criticism including the right to satire and ridicule a subject, are recognised cornerstones of that free society. Charlie Hebdo are a stark and now painful reminder to society that it needs prodding and lambasting for it to wake from its "sleep of reason”. Charlie Hedbo in all of its satire was delivering one message, perceive of what you are forgetting to protect and preserve, your hard won and long treasured freedoms.

The ability for any force or will to destabilise and undermine free societies exists and the responsibility to protect what underpins them sits squarely with those who treasure freedom. We are these custodians, us, we are the ones who must protect such a society by exposing its flaws, foibles and fallacies. This is what Charlie Hebdo was getting at with every lampooning of authority.

Surrealism was born from such an era emerging from within a society that needed reminding of what it was allowing to slip through its fingers. The freedoms we take for granted today were under attack then by an ideology and a warlord of a different kind.

We are living in as similarly an absurd time as now surrealists, satirist, critics of all kinds are again being shunned and marginalised for critiquing that which is oppressive and backward in Islam. Defenders of Islam claim it should not have to defend itself due to random misguided acts of violence by its followers - which forgets that all these followers, follow the same doctrine, the Koran and Hadith. Under such circumstances a response is warranted. By not responding strongly or at all fails to neutralise those elements within Islam who continue to take all of the prophets "teachings" to their literal conclusion. And, their mantra is always the same.

In the related violence and hostage taking in Paris following the Charlie Hebdo murders by the Islamic terrorists, the Kouachi brothers, their associate, Islamic terrorist "Coulibaly told BFM he had 'coordinated' his actions with the Kouachi brothers and wanted to defend Palestinians and target Jews" (ABC).

So, there we have it. Mocking the prophet, criticising Islam all links back to the conflict in Palestine and an insidious Jew hatred in the mind of the terrorist. It is the most deep seated and chronic of encumbrances affecting the very viability of Islam and the reason for why it is the biggest threat to the stability of a modern society which, as in the France and Europe of the 1930’s, continues to prefer to be blind to and in denial of it.

The primary motivation as always are predictably an unbridled racism toward and hatred of Jews. To critique Islam means you support Jews and are anti-Palestine so one must be eliminated to defend the other. Criticism of Islam apparently justifies any backlash by Muslims against that critic. Criticism of Judaism or Christianity elicits no such equivalent assertion or defence. It is the critic of these acts who must instead answer for the criticisms made. It is the critic who is forced to defend their criticism as if their criticism is somehow responsible for inspiring acts of violence done to protect Islam from insult. Islamic Jihadists* blame any insult to their prophet on Jews and claim they are defending Palestinians from Jewish violence who cause conflict by their very existence in Palestine. Jews do not apparently belong in Palestine and need to get out one way or another. With this sentiment those who sue surrealist artists, when informed their ideas about Jews and Palestine are racist and have a historical beginning pre the establishing of Israel, are in alignment. It is a successful tactic in the aim to subvert and deflect blame so that only the critic and the Jews are responsible for the actions of violent religiously motivated murder, such as that enacted by the Kouachi brothers on their unarmed victims.

Put simply Islam hates a critic and hates Jews. Passages in the Hadith essentially state the existence of Jews in Arab lands is to be addressed by their elimination from those lands. Jihadists* act murderously on such passages because to do so, as goes their own claims, defends Palestinians and Arab lands invaded by Jews (the so name “occupation”). Islam even hates its own progressives. Islam hates its apostates, a Muslim may not leave Islam to do so is the worst of sins punishable by death. Islam tolerates people of the book, Christians, but then defines them as non-Muslims describing the Christian trinity as a blasphemy. Islam in particular just hates Jews.

Modern Islam in contrast with other major religions continually demonstrates its unwillingness to peacefully co-exist. The so called "religion of peace" label is a marketing propaganda well utilised to deflect blame and erect barriers to nullify any scrutiny. The idea that a religion operating without scrutiny is a problem waiting to happen is not so far fetched or without precedent if we look at the conduct of the modern Catholic Church and its other associated institutions recently held to account. Islam as per most religious institutions lack the maturity and intellect to be self regulatory. Yet, there are those who maintain we must absolve Islam from responsibility for addressing acts, that are done in accordance with its doctrine, by the faithful who exact brutal revenge because the doctrine demands it.

The problem for modern society is that Islam acts to its exclusion, consistently demonstrating that its tenants are incompatible with modern thought and even basic principles of human rights. In 2015 Islam remains a totalitarian, backward and redundant belief system. Muslims, as Ayan Hirsi Ali stated post the Charlie Hebdo attacks in an ABC 7:30 interview, need to better imagine or hope for "an ideology or ideas of life, love, peace, tolerance”. (She will astoundingly be labelled racist and right wing for doing so.) Should Muslims dare to view such a future of course they ultimately will need to abandon Islam in order to achieve it.

Freedom Series - Exhibited as part of One Law for All exhibition London, 2010
Monsters emerge with the “sleep of reason”.

* "jihadist" is a term considered "anti-Arab or anti-Islam" by Apple and its third party dictionary vendor New Oxford American Dictionary. Best inform all the mainstream media outlets including France24, CNN, ABC, BBC etc, etc.


Saturday, December 28, 2013

Defamation law is the DE-Formation of Law

As it is currently framed Defamation Law is a law designed to enable censorship, where it normally would not be permitted to exist, by preventing the imparting of information. Understanding this is critical to understanding why it is a threat to a foundational element of our rights and freedoms.

The right to receive and impart information.

Book Devourer an exquisite corpse by LRaymond and BDumaine
Book Devourer - exquisite corpse - L.Raymond & B. Dumaine Fig.1
We may live in a secular democracy (Australia) but our right to "freedom of expression" as it is termed is consistently tested and undermined by external and internal pressures. Defamation Law is one of these pressures. From within it prevents the imparting of information on grounds that a reputation may be diminished. From without Defamation Law presents a chink in the armour of secular democratic values to be undermined by religious or opportunistic internationals or trans-commercial interests.

In one such example HREOC - The Human Rights and Equal Opportunity Commission (Australia) assisted in both an internal and external attack on our rights and freedoms. By unreasonable means via its "Combating the Defamation of Religions" report it attempted to assist to institute blasphemy laws world wide, laws intended to undermine our freedoms from within. HREOC participated in an externally driven attack sponsored by the Organisation of the Islamic Conference designed to prevent any criticism of religion, primarily criticism of Islam, by using as its template English (British) Libel Laws upon which the poorly framed Australian Defamation Act of 2005 is based. The aims of the OIC and HREOC was to outlaw all criticism of thought and ideas critical of or antithetic to religion/s by utilising and aligning the framework of Defamation of Religions with (British) Libel tradition. It very nearly succeeded. Why Australians were not more concerned about such an attack on their rights, which were indeed under threat too, is a fair question to ask.

Freedom of expression, as it is currently termed in Australia, is a verbal underplay of the importance of what is referenced, and a diminishing of what should always be termed the Freedom to Impart and Receive Information or Freedom of Speech. How it is believed to work is that however much an individual, or public, or private entity, may wish to suppress information about their actions and deeds this aim will be balanced by the right to freely receive or impart information without fear or favour. This  however, is not the case. Any purported balancing of the ambition to suppress any and all negative information and the imparting of information is instead neutered by Defamation Law. The OIC, and others like HREOC recognise this is the weakness inherent within Defamation Law and attempted, and perhaps will again attempt, to exploit it. Suppression of information, in what ever form and for what ever reason, is what Defamation Law is ultimately framed to achieve. It was an almost perfect fit.

Absurdly the "objects of the act" (s.3 (b).) of Defamation Law and its proponents proclaim it is framed to preserve the right to receive and impart information by not unduly limiting these rights. How so? By limiting that which it proclaims it protects? With a self negating paradox the law and its advocates uphold a farcical contradiction no one within the legal industry will duly recognise. A criticised individual need only claim they are aggrieved by the information imparted about them, their deeds and actions, to achieve validation and representation under the law. Their grievance makes it defamatory to impart material that they would rather was not shared and the law allows for it to be quashed, hidden, pulled from the internet/publication, apologised for and compensated. Deep pockets assist the aims of those interested in securing censorship of their actions or protection from criticism of their ideas with the added inducement of significant monetary compensation for all concerned except the plaintiff(!).

As PILCH points out the law defines defamation as:


Material will be defamatory if it could:
  • injure the reputation of the individual by exposing them to hatred, contempt or ridicule;
  • cause people to shun or avoid the individual; or
  • lower the individual’s estimation by right thinking members of society.
For a defamation action to be successful, three elements must be satisfied:
  1. the information was communicated by the defendant to a third person other than the plaintiff (publication);
  2. the material identifies the plaintiff (identification); and
  3. the information/material contains matter that is defamatory, regardless of whether the material was intentionally published or not (defamatory matter).
PILCH's definition itself makes no distinction about the truthfulness of bad actions being defamatory. As PILCH imputes any information imparted can be considered defamatory and the defamed has a right to have such information suppressed.
There is not much in the way of the protection of one's right to impart information is there?
The OIC's intention was to utilise the various interpretations of libel/defamation law world wide to prevent criticism of religion/s by adapting a charter that would align "Defamation of Religions" to the concepts above and to acts of a criminal nature. HREOC in their report were only too happy to assist such aims.

HREOC's "Combating the Defamation of Religions 2008" Fig.2

Significantly the elements of "defamation of religion" were being technically aligned to and identified with defamation law. The assertion being that one's religion defines the individual holder of that faith, and so, to critique a religion, is to diminished and expose the individual, the faithful, to... "hatred, contempt or ridicule…" to "lower the individual's estimation…" and thus "injure the reputation". Here is how it would work. By critiquing a particular religion the critic "identifies" the faithful, the individual followers, of that religion with that criticism satisfying the three elements confirming defamation has occurred as criticism was: 1. communicated to other parties 2. criticism of religion identifies individual followers with religion 3. critical commentary causes one to feel injury and therefore defamation has occurred. All very circular reasoning designed to deploy a net of censorship so no ideas or actions may be critiqued.

As one who is enduring a defamation lawsuit I recognise defamation law as a law that is aimed to achieve censorship. If you want to prevent information being imparted you sue, just like Cripps has done with me and my co-defendant. The first legal letter we received charged us with committing a criminal act for which we could receive 3 years "imprisonment". The letter aligned itself to the concepts being discussed above, that is with "Defamation of Religions" by making specific reference to 474.17 of the Criminal Code 1995. This same section is quoted in the HREOC submission "Combating the Defamation of Religions 2008"!
"2.4.2 Section 474.17 of the Criminal Code 1995 (Cth) 
Under s 474.17 of the Commonwealth Criminal Code 1995 (Cth) it is an offence to use a carriage service (which includes the use of the internet or e-mail) in such a way that reasonable persons would regard as being menacing, harassing or offensive."

Williams Winter acting for and representing Robert Cripps in February 2011 Fig.3
Williams Winter letters of demand
And, so Defamation Law brings about the DE-Formation of Law. A law that serves the legal fraternity and those who can afford to engage it and/or for aim$ other than the good proclaimed is intended by the law, making it a law not worth the paper it is drafted to.

Defamation Law must undergo reform or simply go.

As Defamation Law is practiced it manifests itself in contradiction to its claimed purposes and it functions simply for the suppression of information, for the suppression of the criticism of ideas, for the suppression of the right to hold an opinion (which the dictionary defines as "a view or judgment formed about somethingnot necessarily based on fact or knowledge" which the Australian legal industry - judge$ included - ha$ decided mean$ $omething different, that does not square with the definition of the word opinion. Opinion as judged through the prism of Defamation Law becomes a thing that must be supported in fact, which is a perverse manipulation in itself by a $y$tem protective of it$elf above all, not the public good it claims to serve. There is no balance here, no protection of freedom of expression, instead it is a law designed to place "unreasonable limits on freedom of expression".

Defamation Law might eventually implode due to the manipulation and exploitation of its self designed weaknesses or it might undo all of our hard won freedoms. At the moment the law is doing a pretty good job suppressing our rights.

Further reading

Australian Defamation Law Vs the Muscular Citizen
This posting discusses arguments presented, and a review of, a 2005 Redmond Barry Lecture by publisher Morry Schwartz. My blog post title and discussion takes on the ideas raised and incorporates the quote "muscular citizenship". The blog discusses Defamation Law and the way it can be used, as in our experience, to erode rights unless a "muscular citizen" acts.

Attempting the Destruction of the Secular Muse
My counter argument to Robert Cripps' multiple declared claims the entire Humanist Transhumanist exhibition was "racist" purely for the elements critiquing Islam. Even though criticism of relgion/s formed one element only within a presentation of Surrealism consistent with its historical definition (see fig 4). Cripps claim was the entire exhibition was racist and due to any criticism of Islam and Islam alone. Cripps' epic misunderstanding of Surrealism was duly noted to him by us at the time, which he ignored and continued to dismiss, due to what I could and can still only conclude to be his complete ignorance of the genre and contempt of us.
Surrealism defined - taken at the National Gallery of Victoria by Demetrios Vakras (Dec 2013) Fig.4
ARTLEAKS-Artists exhibition critical of religion declared racist by gallery owner- ARE THEN SUED FOR WRITING ABOUT IT
A reportage to an arts community (like an online union for artists and arts workers) on the facts of our being sued and by whom and on what grounds.

Petition Calling for the Reform of Defamation Law - our petition calling for the reform of Defamation Law

This blog post asks the question is it racist to criticise religion and argues to contend that it is racist damages our hard won freedoms. Comments contained in this blog independently confirm Robert Cripps did claim the exhibition was racist. Comments that confirm his action, that convey truth, but that (according to Defamation Law) now in their imparting defame him because they may make others think less of him and so are defamatory?

So any truth makes Cripps look bad, and that since the truth defames him, then ALL evidence is "invalid" because it is defamatory! So no evidence can ever be produced without that evidence defaming Cripps.

Such action by our plaintiff and his crack legal team suggests that this is the latest in a long line of last ditch attempts to quash his difficult critics (us) by complaining that our resistance to censorship makes us more "worser" more "guiltier" defendants.

The whole legal affair has more than a little of the sense of the ridiculous about it and it has developed to become an epic absurdity. So at odds is our experience with the law's self-proclaimed good intention to protect the imparting of information that it cannot be perceived to have worth at all as it fails all such claims.

Addenda - 3 January 2014
From HREOC's "Combating the Defamation of Religions" page - HREOC supports religion = race identity arguments and states the criticism of religion can be said to constitute vilification and hate of a group of people on racial grounds. A concept rejected by Justice's Nettle et al in the Victorian Supreme Court of Appeal 2006 -

 "Appeal judges ruling in the Catch the Fire case in Victoria, (Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc [2006] VSCA 284 (14 December 2006): point 35 of the finding reads "The third difficulty with the Tribunal’s reasoning, as I perceive it, is ... the Tribunal’s failure to observe the distinction between hatred of beliefs and hatred of adherents to beliefs..."). The judges set aside a finding of vilification (made by justice Higgins VCAT) on the grounds that the criticism was of an idea (verses from the Koran), and not the individual(s) who held those ideas, and that it was not the intention of the law to protect ideas. In the current defamation act there is no such protection to criticise an idea, although the option remains that an appeal to the High Court will remedy this. Unless the law intends that an idea is legally protected from criticism, then criticism of an idea held by any individual cannot be considered defamatory of the individual holding it."  http://www.change.org/en-AU/petitions/the-hon-mark-dreyfus-qc-mp-amend-the-australian-defamation-act-2005




Sunday, August 19, 2012

What is Putin to do with a problem like Pussy Riot?

"…the insult and humiliation of the Christian faith and inciting religious hatred." 


Yekaterina Samutsevich, Maria Alyokhina and Nadezhda Tolokonnikova the 3 female members of Pussy Riot were each sentence to 2 years in a penal colony for "the insult and humiliation of the Christian faith and inciting religious hatred".


The sentencing Judge, Syrova, in her comments additionally criticised the defendants for being feminists, though noting "belonging to feminism in the Russian Federation is not a legal violation or crime." Well that's lucky but...The point being publicly made is they are in addition to their sentence to be admonished by the Laws and The State for holding feminist convictions. Syrova included in this admonishment (rather than sentence) that the women were not quite the full quid presumably because of their atheism, feminism and choice to protest. The prosecution had expert opinion prove the women had psychological disorders how else could they could have performed such an atrocious act (presumably?).


What they've really be gaoled for in truth is sedition, but throw in to perhaps gain public acceptance is the heinous crime of defaming religion and inciting hate.
 It is interesting that mockery or criticism of religion can be considered to defame and an incitement to hate. The Russian Orthodox Church has come out in addition prior to the sentencing to openly accuse any church critics of "militant atheism". To critique or simply mock the church is militant and illegal. To jump about in colourful balaclava's beseeching the Virgin Mary to get rid of Putin for Russia's sake is not ostentatious and lurid socio-political protest it is militant and illegal - seditious. It is healthy for both a country and its people to take a challenging hit in the moral and ethical guts - obviously for Putin and the Russian Orthodox Church it is a step too far. 


Sunday, October 23, 2011

Australian Defamation Law Vs the Muscular Citizen


Silence, 2011
A SLAPP is intended to, censor and silence truth.

My partner Demetrios Vakras and I, both artists, are currently experiencing the expensive, contradictory and labyrinthine qualities of current Australian Defamation Law. My research to better understand and defend our legal position led me to the State Library of Victoria transcript of a 2005 Redmond Barry Lecture by publisher Morry Schwartz, "A Balancing Act: The Rightful Place of Defamation Law in Open Society". For this post heading I borrow from a portion of the lecture where Schwartz points out how we in Australia have no legislated right to freedom of speech and how within the context of an "open society..." this undermines the type of "...questioning that makes for muscular citizenship." 

As artists predominately in the Surrealist genre my partner (in particular) and I represent a continuum within the Surrealist ambit of challenge to and criticism of societal structures and mechanisms that make up our socio-political and religious belief systems. It is from within what is supposed to be a free thinking secular democracy that we make our observations and point to contradictions through the vehicle of our visual art and writings.  As Schwartz stated in 2005 we as citizens have a responsibility to question matters "of freedom and democracy". (See the full transcript here)

In 2009 Demetrios and I held a joint exhibition, Humanist Transhumanist, launched with accompanying self published Catalogue. Though much of the exhibition was of the "chance meeting of a sewing machine and umbrella on an operating table" (as was once remarked by Lautreamont), another part sought to reaffirm Surrealism's gritty tradition of challenge and revolution. In our exhibition and our accompanying publication are critiqued the four super religions of our time: Christianity, Judaism, Islam and Hinduism with strong human rights and socio-political commentary. We challenged the view and assertion that religions represent peace and are just and necessary systems of belief to control human conduct. Our arguments and imagery provide contrast to this mainstream view. We provide reasoned conclusions that religions are not peaceful, are unjust, are gender biased and utilise supporting quotes from the Bible and the Koran. The challenges we make were not undefended nor ignorant statement. 

The night of our opening the Director of the Gallery unexpectedly made a scene, publicly declaring the show and us "racist", and ordered us out of our own exhibition. Upon another return to the gallery he again publicly repeated this charge of racism. Efforts to ascertain what he thought was "racist" revealed he thought only the criticism of Islam was "racist" and that he was "... against the Jews' state in Palestine". This conflict was not mentioned in any of our literature and the contradictory nature of his own statement was completely lost on him. 
He denied ever misrepresenting our work and he further refused us entry to support our exhibition, going so far as to threaten that he would call the police to evict us simply for entering to photograph (document) the show. We had to abandon it entirely until take down some 3 weeks later. 

When this occurred, July 2009, we accepted we may have to put a bad experience behind us, legal considerations were rationally beyond our means and energies. We instead posted each our own account of the experience to our respective art websites. This Gallery Director is suing for what we write, claiming that it is all injurious falsehood.
These website pages and links to them have been pulled by successive web Host providers who caved to legal threats by his lawyers to make them a joint defendant in the defamation case against us. In the latest attack on our websites our entire internet was pulled by Telstra, see the posts immediately prior this one. This "chilling" has dogged us for several months and will no doubt continue. We have now yet again made alternative hosting arrangements and have reinstated our pages and our websites. (see below)

The intention for writing these accounts and maintain them is to counter the claim of the "racism" attack on our character and our art work and art practice spanning some 30 years in the case of Demetrios who has been challenging religions since the early 1980's in his art and writings. To critique religion isn't illegal or menacing it is the nature of secular democracy that we critique it and the systems which do, or are seen to, under-pin or contradict it. Not a novel occurrence. However, now in Australia to critique Islam has been declared "racist". In Australia, it seems, Islam is immune from the same criticism levelled at the other major religions. The result is a mussel of any criticism of not only Islam but a flow on to other religions seeking the same immunity.

If it is the case that to critique religion in Australia is now to be a "racist" then what limited free speech we currently enjoy is under serious threat. To remain silent or be compelled to silence because your argument is not palatable for some is not an acceptable outcome for any society claiming to be free thinking and progressive.

Even with truth as our defence our fate at the hands of the Australian court system and its handling of defamation matters is frighteningly unknowable. It appears to us one we are alone and fairly impotent to alter or affect the outcome, so we will continue to tell our story and hope someone is listening. 





Wednesday, October 19, 2011

Domain Name Hijacking and Telstra, the new Internet Police

leeanneart.com not available 15/10/11

Last Thursday our internet was cut off by Telstra and we thought that this in itself was bad enough.

Not so.

Sometime under the cover and distraction of Telstra’s removal of our internet connection our Domain names were hijacked (stolen). Read about domain name hijacking via the links at the end of this post.

leeanneart.com & vakras.com were taken by unknown persons and were no longer in our control or ownership. If we had still had internet access when our domains were hijacked we would have been alerted.  Our sites associated with these domains were hosted (stored) on our server which connected our sites to the WWW. When we were cut off by Telstra our sites disappeared from the WWW. 

If we had not first been disconnected, then the hijacking of our domains would have made our sites disappear from the WWW instantly. Because of the nature of the hijack we would have been aware of this the moment that it occurred. 

Under the cover of our lack of internet it was likely that the perpetrator held the expectation we would fail to notice in time to retrieve them, or felt that we would not have understood what had occurred. 

Who knew of our lack of internet? That Telstra had disconnected us? When to strike so that they could steal the domain names? Who might benefit from this?

All interesting questions. 

There are protocols and processes to secure domain name ownership. Through impersonation and deception or by the application of technical knowledge (hacking), or because of flawed security procedures these protocols can be breached, as has happened in our case. It is only through timely discovery and persistent, dogged follow-up that we now have both domains back under our ownership.

Fortunately we did discover the theft fairly quickly and alerted every authority we could. Melbourne IT, the domain name registrar, could not do anything over the weekend when we discovered this late Saturday morning15 October 2011.

The type of action Telstra have taken against us, described as "excessive", the timing of Telstra's actions, the consequences which have flowed from Telstra's actions, and the question of who stood to benefit from them, are all in question.

The Victoria Police Fraud Squad are actively investigating.



Monday, October 10, 2011

Dark Days and the TELnoone Censorship Menace


TELnoone or we will sue!

Is electronic censorship by our service providers, following absurdly risk averse conservative standards, a growing and sinister censorship menace not simply to the internet but to the entire concept of a modern, open society?

In modern Australia we delude ourselves that we have openness, transparency, freedom of opinion, freedom of conclusion and a basic right to free speech. There is a postcard on display in my workplace, one of those free ones with a funny quip or pithy statement which announces..."Everybody has the right to complain!" It is amusing and because we do assume it is the case we immediately think "Yeah, damn right I do" as we read it.

The reality is you do not have the right to complain, not publicly.

If you disagree and think we do have these rights as natural provisions then think on how transparent, open and free you find the following.

The webpages listed below have been censored by Telnoone (1) an ISP I cannot name because they have threatened me that by doing so I will bring their "brand into disrepute" and that this will result it a shut down of my internet. They have informed me of this threat in an email today.

Since 4pm last Friday 7th October, I and my partner have attempted to fight against their first demand "...to remove the following articles and associated links by 4pm Monday October 10..." I've only altered the company name to "protect" it as per their demand.
(1) Telnoone is not the real ISP name it is the enforced censored version. I take no responsibility for any inference made by any reader further to that. I have not named the company in question.

Dear Lee-Anne, 
It has been drawn to our attention that content hosted using your Telnoone Business Broadband service has breached our Acceptable Usage Policy as it could result in Telnoone incurring a liability to another person.
We therefore require you to remove the following articles and associated links by 4pm Monday October 10:
http://www.vakras.com/guildford_lane_gallery.html
http://www.vakras.com/exhibitions.html
http://www.vakras.com/links.html
http://www.leeanneart.com/guildfordlanegallery.html
http://www.leeanneart.com/events.html
http://www.humanisttranshumanist.com/
http://www.vakras.com/demetrios/reviews.html
http://www.vakras.com/demetrios/pages/exhibitions_archival_works.html
Failure to remove these articles and the associated links by 4pm Monday October 10 may result in your Telnoone Business Broadband Service being suspended or terminated without further notice. Please note that this will mean that all traffic using this service will cease.
Our Acceptable Usage Policy can be found at: Link removed as it would expose the company.

We obviously did not succeed. At this point we are forced, under duress, to censor these pages to protect our access to the internet. If I could show you the "acceptable use policy" in question you would find it broadly concerns, spamming with email, sending trojans over the internet amongst the listed breaches.

The ISP in question has been threatened with being included as a defendant in a defamation action brought against myself and my artist partner Demetrios by a Melbourne gallery director. This is why TElnoone claim they could "...incur a liability to another person". I as well cannot name the litigious gallery director(sic) because that will expose me to further legal retribution. The law doesn't like it when you talk about the legal(sic) actions being taken against you. This is despite the fact it is a matter of public record with the Supreme Court of Victoria, SCI01484 of 2011. Legal types reading this might also like to know we have brought a VCAT action agains this person see VCAT case number C5251/2011. 

The "articles" (webpages) which Telnoone claim breach their "Acceptable Use Policy" describe an experience where my exhibiting artist partner and I were accused of being racists at our own art show opening by the Melbourne gallery director who cannot be named. This all happened in a public setting in-front of remaining guests at the opening night event (we didn't know anyone by that stage - it would have been nice to have their support now). He kicked us out and would not allow us entry (unmolested) to support our show again.

Any form of reasonable negotiation or use of reason to argue against the charges he brought against us and our art work publicly was rejected. Any recompense or remote chance of an apology was a pure fantasy. We cut our very expensive losses at the time and wrote reviews on this show and our experiences within our own art websites. It was too expensive a proposition to simply ignore, too big an outrage, too offensive and unprofessional an act to leave unaddressed in silence.

We were given advice at the time in 2009 not to take expensive, stressful legal action, we should have ignored that advice. It is our only regret that we took this advice.

We are not sorry to tell the truth and we are not about to deny our right to speak it, write about it and paint it. We do not regret our actions or where it has brought us because it is the truth. It is never ok to give in to bullies and belligerence yet this is what we are being asked to do at every step.

What keeps us so silent in the face of such offensive threats to our freedom to speak out, to complain and tell the truth?

Dark days indeed.

About Leeanneart

My photo
Melbourne, Victoria, Australia
We are first and foremost human with a responsibility to the humanity within us and not to any faith, political, apolitical, social or societal group, union or faction. We are responsible for our own reputation, and for what deeds we do and what achievements or otherwise in life we enjoy. The rest is nonsense.