Use of Greek script judged “racist”, “sinister”, “anti-Palestinian". Only in Australia.

View of exhibition "Humanist Transhumanist" 2009

A Supreme Court of Victoria judgement released in June 2014 endorsed the racist claims made by plaintiff Robert Cripps.

In the trial it was declared that “text labels, 50x100mm pinned below each painting” included words in an “alternate script” to that of the “English alphabet” (sic), making it possible to reasonably conclude that the text potentially communicated “anti-Palestinian”, “sinister” and “racist” messages.

It was argued, by Cripps’ council, Christopher Dibb, that because Cripps was not of Greek background he could not properly interpret or understand what was written on these "text panels". The only conclusion, that was available to Cripps, was for him to deduce that the use of Greek script was potentially “sinister, racist and anti-Palestinian”. Under examination Cripps could not explain how this was so in his testimony.

Justice Kyrou, in his judgement, found this was the reasonable conclusion to make and that Cripps had responded reasonably with the actions that he took. In doing so Kyrou has:

1. Validated perjury.

- No labels were pinned under the paintings. This was demonstrated by the evidence provided in trial which included photographs taken prior to the dislcaimers that Cripps posted. Cripps had testified that he posted disclaimers as a reaction to labels which are clearly absent in the photographs. Emails and documents cataloguing the exhibition content reveal that the photographs of the exhibition match what was discussed with the gallery prior to the show. The evidence demonstrated there were small numbers pinned under the paintings to reference against a gallery catalogue of works list for all viewers to consult, just as had been discussed in the emails between the artists and the gallery. The evidence and the facts they conveyed were all dismissed by Justice Kyrou.

2. Validated and up-held racism towards an Australian-born artist of Greek heritage. 

- In finding it reasonable for Cripps to have concluded what he did and taken the actions he did because of the presence of an alternate script to English (sic), Greek, Justice Kyrou agreed it could be considered to convey sinister, or racist, or anti-Palestinian messages to use Greek words. A finding that is in direct contravention to S. 9. of the Race Discrimination Act.

The Australian-born Greek artist, Demetrios Vakras, has for many years signed his paintings in Greek and as part of his artistic oeuvre long sought to elaborate on the ancient scientific and cosmological meaning behind many Greek myths. In doing so he is manifesting his heritage, a protected attribute under the Race Discrimination Act, (S. 9).

In Humanist Transhumanist there were a handful of Greek words used in context of two paintings with essays pinned beside the associated paintings on A4 size paper (No 50x100 labels under paintings ever existed). These Greek words were methodically translated into Latin text for an English speaking audience to comprehend. The context of these essays was to elaborate on the meaning of the visuals in which the artist anthropomorphised myth-concepts to reveal a holistic, cosmological explanation exists behind Greek myth pertaining to, for example, the Pythia (the Oracle of Delphi) depicted resting between, χαός (chaos) and χασμός (chasm), in another Χριστός (Christ) is referenced as is σοφία, (wisdom). It is therefore these Greek words that Justice Kyrou found in his judgement to be potentially “sinister", “racist" and "anti-Palestinian” in agreement with the plaintiff.

Justice Kyrou, in his judgment, also concluded the art and exhibition to be “offensive”.

On much Justice Kyrou and Robert Cripps were in agreement.

Justice Kyrou awarded record financial damages against the artist Demetrios Vakras and co-Exhibitor (this author).

If the absurdity of the claim that the use of Greek text could be considered in any way to convey a sinister message is unclear refer to any Wikipedia entry on χαός (chaos). Is this sinister, anti-Palestinian and racist?

en.m.wikipedia.org

Then compare it to the actual text from the exhibition in question, "Humanist Transhumanist". Is this sinister, anti-Palestinian and racist?

Pages 30-31 Humanist Transhumanist Catalogue.

The author has used Greek words in this posting. Is this sinister, anti-Palestinian and racist?

If one is sinister, anti-Palestinian, racist, then they all are. Or, is it only the case when a Greek does so?

It is valid and correct to ask why is this judgement is not considered one of the biggest failures of the Australian Court System? Do the courts have more rights than the people they exist to serve?

If this is the Australian justice system working then it is as unjust and backward as any one can imagine produced under totalitarian regimes and Australians who claim to advocate for our human rights or to “keep the bastards honest” are silent. 

The matter of Cripps discriminatory actions against Demetrios Vakras is being pursued in the Federal Court.

Refer Justice Emilios Kyrou Judgement [on Austlii]
Refer Justice Emilios Kyrou Press Release - alerting the media of his judgement [Supreme Court of Victoria website]
Refer Cripps V Vakras & Annor - full Trial Transcripts [Link]

The Art of a Secular Atheist - "defamation of religion"

In 1999 I held my first solo exhibition "The Mysteries" and amongst paintings mostly celebrating a surreal and symbolic vision of mythology some were subtly, or not so subtly depending upon your perspective, critical of religion.

The Mysteries series of paintings were so titled to encapsulate the main interest and inspiration for their development, formed from ideas that had emerged through the study and ongoing interest in ancient Greek myth and mythology. It was from this relatively personal exploration that another strong theme has emerged into a broad criticism of religion. Then and since I continue to give as the prefacing title of such paintings Baleful Worship and with them I point to concerns about what a religious world would bring using canvas and oil paint.

Baleful Worship - Submission (detail)  © L. Raymond

Within The Mysteries began the first germination of the Baleful Worship theme where I assert the worship of a religion whether of a deity or a nothingness is a fatally flawed concept for humanity to adopt. History and recent events teach us religion provides a useful model and platform from which to develop and utilise negative aspirations for a nation state, race or a people. The negative aspects that manifest can include that a religion will have as an ultimate aim the purpose of achieving dominion over opposing religions and social if not socio-political systems. As such it is inherently a platform that does not tolerate criticism or dissent. It becomes Totalitarian in dominance and emerges a Theocracy, a political-religious State and system that enforces as rule of law a religion upon a country and a people and one that at its core is sensitive to any criticism of the doctrine which underpins it.

Islam today demonstrates it is particularly sensitive to any criticism claiming its critics instead must suffer from Islamophobia (sic) and have a racist intent toward Muslims (who are multi-race). It is effective propaganda, the more simplistic the argument the better for such a purpose, and is utilised like pepper spray to shut down argument by declaring it racism and intolerance when any critical examination of Islam's religious texts and practices are raised. Making it all the more important to investigate the doctrine as a consequence. All religions do not tolerate criticism well or unquestioningly (even though return argument is expected and welcome) but it is rare to claim the blanket accusation that all critics of a religion are racist and intolerant. The worst backlash from the Christian and Judaic sector currently has been to counter Atheist criticism for the most part with the label of "militant" or that they are representative of a "new" and unreasoned "radical" atheism. There exists racism and intolerance but it cannot be claimed to exist in all critics or opponents or uncomfortable arguments. The blanket declaration equates to a blanket ban, a censorship, a chilling of criticism of Islam at all, because it is a religion and somehow exempt. Hopefully that by doing so, in such uncritical blanket terms and so frequently, it is also becoming more obvious for the propaganda that it is.

Intolerance is the characteristic critics of Islam are branded with...that the critic is intolerant of Islam and not the matter raised referencing Islamic intolerance. Islam conversely is claimed by its followers and defenders to be very tolerant and peaceful so anyone claiming different is doing so because they, the critic, are intolerant. Simple propagandist argument that works to good effect as with the racism charge. And, in the face of violence performed on behalf of and in defence of Islam, the victims directly or other entities, Israel, the USA, military invasion of Islamic lands e.g.: Afghanistan, are instead blamed not the perpetrators of violence or the doctrine they use to support their violence and disgruntlement. Certain Islamic Clerics re-confirm followers of Islam are justified in conducting violent retribution against an opposition (infidel) who harm, dishonour, "insult" the peaceful and tranquil religion of Islam. Omar Bakri compliments a follower of Islam who hacked a UK soldier to death after first running him down with a car in a British street states:

 "The prophet (Mohammad) said an infidel and his killer will not meet in Hell. That's a beautiful saying," he said. "May God reward (Adebolajo) for his actions." reuters 

Baleful Worship and this recurrent theme questions the psychology and legitimacy of religion's to demand unquestioning and uncritical worship by its devotees and of course to demand retribution on its behalf.

A more recent Baleful Worship - Submission focuses on Islam for these main reasons:

1. The cheap and persuasive propaganda argument that if you criticise Islam, as the popular claim goes, you do so because you are racist and intolerant; works like riot police with pepper spray, indiscriminate but effective.

2. Islam via doctrine manifests a means by which to practice and defend misogynistic and other human rights abuse behaviours under a veil of protected legitimacy whilst of course claiming it represents the exact opposite and only lashes out in defence.

In my Baleful Worship paintings the female form is a generic representative of a prostrate or standing follower posed typically so as to appease a deity/doctrine. The alter or object/focal point for devotion has variously been, industrial machinery, a pile of debris, an organic phonic-boiler, an alien nursery, and lately a veiled tentacled monster. The underlying symbolism has become menacing. Is Islam menacing detractors/critics by declaring them enemies of Islam and valid targets for attack? Is the violence perpetrated in the name of Islam the fault of the religion's follower's interpretation of its doctrine or of its inadequately evolved doctrine? Can Islam under the Koran and Sharia be deemed tolerant? An if so tolerant under what definition. Does Islam indeed understand tolerance or does it have the interpretation that tolerance equates only with one's submission to it?

Under Anti-defamation of religion laws my questions would be declared intolerant. Which makes such a law a declaration of censorship of thought and idea and a nod to a return to a dark ages Inquisition style persecution of religion's detractors as a heresy. That one must not criticise religion, in thought or deed, based upon its doctrine (Koran, Bible, Torah) spells the resurrection of blasphemy law. Such law would make it illegal to critique, "insult" religion and if deployed any critic of religion would be a heretic and a blasphemer for doing so. With past and recent proposals to the UN human rights commission to protect religion from defamation 'aka' introduce world wide blasphemy law with the sole aim of protecting Islam from criticism represents a serious intention to limit the human right to freedom of expression of thought, and the transmission/receipt of ideas. It was found to contravene Article 19 of the  UN's Declaration on Human Rights and has been rightly voted down...again as recently as 2010. To criminalise criticism deemed to have harmed the reputation of religion as it in turn has harmed or vilified its followers is an extreme and dangerous step. Just ask Indonesian atheist Alexander Aan and unfortunately there are countless others.

The architects attempting to frame such a restriction on "the right to freedom of opinion and expression" consist mainly though not exclusively of nations where for the main the state recognised religion is Islam or where there exists a state Theocracy. The Australian Human Rights and Equal Opportunity Commission submission in 2008 treads a tight-rope balancing act, complimenting the "good intentions" behind it, though declining to endorse the proposal. HREOC's authors agree throughout the document that there is such a thing as "defamation of religion" that much needs to happen to "combat the defamation of religion" (though their preamble and introduction caution against use of the verb "combat" in the original proposal but then unabashedly use it themselves anyway). It was difficult to recognise HREOC's actual stance and, safe "fence sitting" appears to be the overall aim. The submission's authors revealed too that HREOC would like to have a more firm understanding in place at Commonwealth level of the condition they describe as "ethno-religious" (sec. 2.2) and that though aspects of some Australian State legislature have recognised it this is only under certain narrow conditions, that a person of a religion can have "ethno-religious" qualities and a claim to racial vilification. Leaving the door clearly ajar for all manner of subjective agenda to be applied in the future it will result in a distortion of human rights and equal opportunity more than an advancing of them arguably.

Defamation law already chills speech to a disturbing truth obscuring level in order to protect individual's or company's reputation as being only "good" - truth is not material in Australian law without proof and proof of accepted justification. Defamation law aims to obscure opinion which does not uncritically support that a reputation is good. Were defamation of religion to be its extension world wide then the same would apply for when ever anyone critiqued actions carried out in the name of a religious doctrine upon which a religion is founded or of the religious doctrine itself. To know a religion one must examine its doctrine. This would prevent critical examination and would enable a  return of blasphemy laws on a world wide scale. Imagine the level of inquisition that would emerge. Many critics against this push to implement a defamation of religion law have pointed correctly to how this would cause a damaging limitation on freedom of expression and thought and could lead the way for malicious litigation by the aggrieved claiming personal harm from criticism of their religion - because defamation law allows for this already. In doing so they are pointing out in part the flaws in defamation law that make it a playground of options for the aggrieved to take out their grievance on and to punish a critic with under the full gaze and assistance of the law and by extension the State.

So, why baleful?

bale·ful  

/ˈbālfəl/

Adjective Threatening harm; menacing: "Bill shot a baleful glance in her direction". Having a harmful or destructive effect.

Synonyms evil - sinister - bad - baneful - harmful - pernicious

and, worship?
Religion requires unquestioning devotion (faith) to doctrine in the name of an entity (God, Jehovah, Allah). The worshiper is informed they submit to, believe in, follow and if necessary defend the one true god delivered doctrine in the name of the faith and the faithful. It is because of this and other claims by religion that religious doctrine is therefore open for examination and criticism and those who would argue to defend their religious doctrine will have their arguments open to equal examination and criticism. However, the religious and clearly Islam, claim exemption from such examination because it is not permitted by their doctrine in the first place. Reason holds that one is not vilified by argument and examination one is educated by it and through their use. But religion claims exemption and with defamation law at its side and the concept that a religion can be classified as "ethno-religious" along with the concomitant support of a racial vilification and tolerance act in toe you can pull a trifecta of legal barriers to shut down all nasty criticism of religion.

Is this the world in which we want to live and leave for our descendants?

I believe in no religion and I know through reason that the separation of religion and the state must be upheld with the transparent exclusion of any religious interference within legislature and governance to have a truly independent government, democratic and free society. The opening of Australian Parliament with "The Lord's Prayer" for example must go. It does not belong in any part of our government procedures even as a nod to an earlier ritualism. If it is not already the case it can be taken to have more meaning than a ritual alone.
That I suppose now makes me a "militant secularist" too.

Paintings - oil on canvas ranging from 1999 - 2010 © Lee-Anne Raymond
 

Humanity can live without religion. The question is can we survive despite religion?

What are the expression of our Human Rights? Not a declaration of war against women surely?

When we consider human rights we refer to the various themes and characteristics as those being consistent with a lack of hindrance to human freedom and free will within boundaries that ensure no harmful impact upon others. As long as in the exercising of our human rights we do not impinge upon or harm others they are viewed as a valid expression of our humanity inwardly (our values) and outwardly (their expression). 

Metamorphosis with Nicab (detail) 2010 ©Lee-Anne Raymond

By declaring or endorsing all female protesters as valid targets for molestation because they should not be out protesting, Egyptian Islamic clerics and public officials, are in violation of the human rights of all Egypt's women as well as those targeted and attacked.

For those of us who reside in democratic societies rarely are we exposed to such persecution and attack on our human rights by the state or any state run apparatus in such an odious manner. Egypt's spring uprising hangover has produced a hardline religiously inspired elite who do not merely cross lines but smash through the boundaries of exercising their own human rights, their religiously held convictions that women are inferior to men, to the harmful detriment of their female compatriots. These elite deny they have a duty to protect these women because, basically they bought such consequences upon themselves. 

Police general Adel Abdel Maqsoud Afifi is a prime example. Afifi, "a lawmaker and ultraconservative Islamist", blames Egypt's women for their the systematic gang rape because;

“a girl contributes 100 percent to her own raping when she puts herself in these conditions.”(1)

Muslim Brotherhood lawmaker Reda Saleh Al al-Hefnawi asks;

“How do they ask the Ministry of Interior to protect a woman when she stands among men?”(1)

Sheik Abu Islam (Ahmed Abdullah is a television style preacher) states;

“You see those women speaking like ogres, without shame, politeness, fear or even femininity. Such a woman is “like a demon,” he said, wondering why anyone should sympathize with those “naked” [women who] “went there to get raped.”(1)

Reports cite the conduct as being "state" endorsed and organised to deter female protester participation by using rape as a control mechanism of fear and as a form of punishment.(2, 3,4) The victims are generally surrounded then set upon by up to 50 men who torture the victim raping her with their hands brutally at length, for payment. 

"Victor and Tutu,..., said they operate in a group of around 65 local men and got paid between £10 and £20 a time. But they would not reveal who pays them.
'We're told to go out and sexually harass girls so they leave the demonstration,' Victor told The Times. He said the aim was to cause disruption and instill fear in protesters. He said members of the public sometimes joined in." (4)

Some victims injuries are so serious as to require emergency hysterectomies. It represents the ugliest personification of the religiously based attitudes women should not be seen to or be participating in public life beyond what is permitted by the Islamic religion and obviously within its cultural sphere. Rape as a behavioural social control mechanism amounts to the vilest form of coercion and intimidation. It is outlawed by the Geneva Convention(5) as a "crime against humanity". Rape for coercion and as a State run program is clearly a human rights violation and it is being systematically used by The Muslim Brotherhood, the Islamic purists now in control of Egypt, to control and wipe out political dissent and a lack of rigour in adhering to the new State's faith values.  

The chronic sexual harassment of women in public generally in Egypt though not new has surely reached impossible and intolerable levels? In matters of public participation such as in participating in a public protest this seemingly accepted general public sexual persecution and harassment of women has become uglier, organised and paid for by the state and practiced with a level of cruelty that is beyond all comprehension.

"...19 reports of group sexual assaults, six of which resulted in hospitalisation, while the worst case involved the mutilation of a woman's genitalia with a knife."(2)

Such statements and actions are in effect a declaration of war against women such is the aggression and completeness of it. In western secular democratic societies freedom of choice, movement, association, religion, political and artistic expression as well as being able to critique and think out loud fearlessly are assumed. In Egypt women (and dissenting men) are denied most of these freedoms. 

Whilst some in the west avert their eyes from Islamic intolerance of non-Muslim values and look instead hopefully and vainly toward the Muslim Brotherhood as being representative of some sort of moderate Islamic alternate solution many, particularly women, know better.

"The new constitution has swept away recognition of women's rights and left the door open to the legalisation of perhaps Egypt's most crippling social issue – underage marriage. Draft legislation that would allow the legal age of marriage to be lowered from 18 to 13 has been drawn up while clerics within the Muslim Brotherhood have indicated that marriage at the age of nine for girls is acceptable.
"Children need to have their rights but also you want to marry a girl who is much younger so she will stay young and beautiful when you are old. Also you can control her better and make sure she is not one of these girls who goes around wanting to be harassed," said Abdel Rahman, 17. His friend Youssef, 20, agrees. "There are many girls who just want to be harassed, walking around in the streets with their eyes uncovered." "(6)

Link Notes/References:

1. http://www.nytimes.com/2013/03/26/world/middleeast/egyptian-women-blamed-for-sexual-assaults.html?pagewanted=all&_r=1&

2. http://www.dailymail.co.uk/news/article-2270216/The-rape-squads-Tahir-Square-State-backed-sex-attacks-designed-deter-getting-worse-claim-female-protesters-losing-faith-Egypts-revolution.html

3. http://www.policymic.com/articles/31193/mohammed-morsi-government-might-have-ordered-rape-of-protesters

4. http://www.dailymail.co.uk/news/article-2241374/Muslim-Brotherhood-paying-gangs-rape-women-beat-men-protesting-Egypt-thousands-demonstrators-pour-streets.html

5. http://www.wikigender.org/index.php/International_Law_and_War_Rape#Geneva_Convention

6. http://www.guardian.co.uk/world/2013/mar/31/egypt-cairo-women-rights-revolution

International Women's Day in Russia 2013

"The curators of the exhibition explained that any mention of Pussy Riot is dangerous today."

victoria-lomaskos-pussy-riot-drawings-censored-from-feminist-exhibition

Interesting for a few reasons. Art censorship thrives, art that is political is rejected, art that is challenging of society is dangerous, in other words art must not exceed certain boundaries in holding a mirror up to convention because convention can be ugly and shamed by its own visage. And finally worth noting is how the Curator and Assistant Curator operated in unison to discredit the artist here. Liars and cowards will stick together no matter the context.

Read and learn more about Victoria Lomaskos' work here http://chtodelat.wordpress.com/2012/12/19/victoria-lomasko

Victoria Lomasko, with works from her and Anton Nikolaev’s series Tagansky Justice, at the exhibition of Kandinsky Prize nominees, 2010. Photo by Vlad Chizhenkov

Freedom to Receive and Impart Information

baleful-worship-submission

The Internet is a publishing vehicle for the transmission of information and ideas to the World Wide Web. It isn't unusual that people will use the tools available to them in order to communicate or receive information.


The European Convention on Human Rights states "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers." (Article 10, 1.)1


This is an open statement which does not preclude the type of publication or form the transmission of information and ideas assumes [takes]. It can be argued the Internet has no frontiers or boarders, only ones created by deliberate interference for purposes of good or ill. It would seem to deliberately interfere could be regarded as being in breach of this convention. 
[It is relevant to note that Australia though a signatory to the UN Declaration of Human rights which includes Article 19 upon which the European convention is based only recognises this right in a limited form.
Australians have an implied right to freedom of speech on the basis of the UN Declaration but this comes with limitations being that this right is only recognised within the narrow ambit of political commentary. Known as: "Freedom of Political Communication".]


Within the ambit of a publishing an article to the Internet, any claim that the article might contain "defamatory" elements creates confusion in Australian law with regard to who is the publisher. Who can be blamed or held liable on the charge of defamation? The law is confused as to whether the ISP (Internet service provider), who hosts the content, is as much a "publisher" as the author uploading the content. So in Australia who transmits this content as well as who authored and uploaded the content to the Internet is jointly a "publisher". An ISP may host hundreds of thousands of sites, all with different content providers who perform their own uploads; these content providers "author" then "publish" content to the Internet. The basis for this confusion is likely due to the case of Godfrey v Demon Internet Limited2, in which anonymous comment, claimed to be false, was posted on a forum. As the originating author could not be established the court reasonably held the ISP responsible. However, to view all activities surrounding the actions of a known author as complicit in the claimed publication of false comment makes a mockery of this judgement. It is without logic to consider a Host Provider of a connection to infrastructure to be a publisher.


So who is ultimately the publisher? In the case above the author was not known so it was the ISP. As this ISP did not remove the content as it would cyclically self remove anyway, they became the target of the defamation action. In Australia an ISP needs no further warning than the demand to remove claimed defamatory content even if the author and publisher is clearly identified and identifiable. It does not matter here. Even a telco like Telstra will force the removal of the content though they cannot claim to be any more than a connectivity provider, an entity that merely provides connection/transmission to the internet (as happened in our case). A telecommunication provider connects an ISP to the web via the telecommunication infrastructure. With regard to the intent of Article 10, 1 forced removal by an ISP, of claimed - not proven - defamatory content is a true hindrance to the freedom to "...receive and impart information". However, cutting off a self hosting ISP author from the telecommunications infrastructure establishes a vastly different level of "interference" on a "public authority" scale.

Internationally, the publisher of online content is the uploader of the content. Above is a screenshot of Adobe's web publishing and authoring program, Contribute. It is described as "a powerful web publishing and website management tool that integrates authoring, reviewing, and publishing in an easy-to-use WYSIWYG HTML editor". Other html editors such as SeaMonkey, freely available on the internet, include a publishing component, that includes the means by which content can be uploaded, published, to the internet. Somehow Australia's techno-dazzeled legal fraternity disregard the international definition of "publisher". 

In the USA or Sweden for instance a court order must first be obtained, in most cases, before pages or sites are ripped from the World Wide Web. Australia Law fails to protect defendants of defamation claims where the internet is the form of publication and essentially is complicit in an act of censorship on a public scale. All of which is irrelevant to the substance of what is being transmitted being true or false. No hearing or submission of evidence is required, the demand is made and the claimed defamatory information, and more, is immediately suppressed.


Australian Law (a derivative of class defined English Common Law) in prosecuting argument for a defamation case holds the Internet in an unnecessarily separate light to other forms of publication. It basically does not understand the Internet (fears it perhaps?) and views it with suspicion. The Internet is the Gutenberg Printing Press of our time. The transmission of information in terms of its rate and timeliness is extraordinary but is it any different in effect? Information is imparted and received. This discriminating lack of understanding overly complicates the defence position when embroiled in persistent, unreasonable and deliberately damaging defamation action. 


Outside the defences for defamation, Truth, Duty to Inform and Fair Comment, a defendant must additionally justify (against what measure?) the transmission of the claimed Defamation over the World Wide Web. In the context of publishing one format is essentially as public as another, Internet or not. Because the Law misunderstands the Internet as being something other than another publication tool this aspect is then exploited as a weakness by plaintiffs to then be used to delay, suppress, or legally slow the process to trial causing higher and higher expense for a defendant. In the case of a defendant with less financial means than a plaintiff has this ability to legally harass with the aim to delay trial if not make it impossible to get to trial creates an imbalance for equivalent engagement in the legal system by both parties. Where truth is not a problem for the defence and where a  "...claimant is incapable of further defamation..."3 this tactic is utilised.


In Australia, unlike the EU, we do not have the right to freedom of expression as defined by the EU Convention nor a right to freedom of speech as enshrined by the US Constitution. Neither of these jurisdictions encourage or support a citizen's right to publish lies about another and there are stringent laws protecting an individual or entity with mechanisms and rights for the defence of their true fame. My co-defendant* calls this "natural fame". It is the fame one has developed and earned from their own actions and deeds. Publishing the "natural fame" of another is hardly defamation, the reputation earned and won by their actions has already affected the perceptions of others as to their character and person. Particularly if these actions and behaviours have had years of repetitious airing across countless public forums. The truth will confirm already held opinions rather than form them.


Defamation Laws favour the privileged with an interest in maintaining false reputation. The laws are wielded as a useful weapon against the less privileged whether by a corporate Goliath like McDonald's4 or a well off individual. Both have the financial means to manipulate process via intentional delay5 and censorship in order to affect an opponent's financial or motivational resolve before a complaint ever sees the inside of a court room. 


Apart from the freedom to do so truth is an essential component of any quest to receive or impart information. Truth is the responsibility of those imparting the information, in fact or by establishing grounds for honest opinion whilst ensuring the receiver has an interest in receiving the information and the freedom to check its validity. If a defendant can tick these boxes then they should simply hang on as "natural fame" will rise to the top.


1Article 10 of the European Convention on Human Rights
2Godfrey_v_Demon_Internet_Service
3Wikipedia on Defamation
4English_defamation_law_The_McLibel_case
5The Mickelberg Stitch


*Demetrios Vakras