Sunday, June 16, 2013

Attitudes To Women Matter - "If that does not suit you then get out"

In the last week Australian current affairs and politics has been peppered with reports of anti-women rhetoric and reference to anti-women behaviour and attitudes. When we hear about and read in the media of specific events concerning the deliberate and systematic maligning of women (such as within the Australian Military) we are hearing arguably about the tip of the ice-berg. If this is reflective of attitudes and behaviours within the wider Australian community it is difficult to confirm from my individual perspective. Arguably with the current mix of news items to select from it would appear to be reflective of attitudes of some strength in some quarters of our society. Though Chief of Army David Morrison does reflect the strength of the obverse view sexism and anti-women attitudes have never-the-less declared they are alive and well in 2013 Australia. Some might argue they had never left, for just a metaphoric scratch to a weakened section on the surface of our society allows them to burst forth like a hidden stream of magma.

As Prime Minister Julia Gillard discovered using sexism to promote a political agenda in order to create a more favourable political climate can misfire badly. Blow back for attack dogs can be very severe as well as Mr Howard Sattler is now discovering when cheap shots about sexuality backfire. When sexism is wielded falsely by men or women, particularly if politicians do so, the damage from backfire can range from being merely cringe worthy to explosively damaging, either way it is very public. The good that can come of it is that it is at least public where we can all see it, point out when it is used manipulatively and examine and investigate where demonstrated. The reputation of a politician on the sexism attack or the reputation of an attacker defending their sexist values can instead be truly revealed. The reputation of Government in the opinion of whom it serves is surely affected when bungles such as these are made. Of greater concern for us is when sexism is wielded secretly at the level of the political arena, the board room or in the home. It is out of public view that it is most damaging for women and harmful to society. Any disparaging anti-women behaviour that is hidden is a threat because it is hidden. Women who cannot rely upon the media coming to their aid find themselves at the mercy of social denial, apathy or fear of witnesses and the intransigence and belligerence of the perpetrator and the origins for the attitudes become reinforced. 

Accusations of sexism must be based in honesty and truth. And, clearly sexist or misogynist behaviour must be exposed. If the former is manipulatively biased intending to achieve a political, personal or social agenda and is untrue or stretches the bounds of the truth the latter is effectively weakened. False claims affect trust in very real and true claims with the tarnishing accusation of "cry wolf". 

Though they may be exceptional (in our modern so-called-secular democracy) such entrenched attitudes emerge from a deep pool. There must be a place, an origin for this belief - that women are inferior - that is kept safe from the light of reason and reality, and for where these attitudes have time to develop, form and become entrenched. It is difficult to comprehend some of these acts are viewed as reasonable (deserved) if not normal (accepted) to some people but they are. That women are weaker physically may be factual but is it a matter of her inferiority that she may be weaker physically than a male? Or more that too high a representational value is placed on physical strength alone. Some remarkably believe women to be mentally inferior - it escapes logic but founding psychiatry helped to endorse and entrench such spurious notions as scientific. 

The psychology formed from the belief that women are second, are inferior to the male, are more susceptible to criticism as they have suspect characteristics is a result of religious and socio-cultural reinforced influences. Women are religiously maligned by the doctrines they are compelled to or do follow and some even believe it because their faith tells them it is so; by being created second, or as an after-thought (presumably by an imperfect creator), or as a play thing for the perfection of the male (formed in Gods image so the more perfect creation), or to be reward for a pious male, or merely available for the very messy but necessary pro-creation purposes. 

Religion lumbers women before birth and throughout life with; original sin for their curiosity, cursed with a womb - that bleeds, or are just biologically compromised by it, hindered by childbearing - vacant, broken, barren if they do not bare children, hindered by a greater propensity for compassion, poorer of intellect and thus expected to be a supplicant in every realm of her life. The libellous disparagement goes on and on in religious doctrine. Texts which pervasively spill out their dogmas to inspire the destruction of a bus load of girls seeking an education through to endorsing cultural practices that determine female genital perfection is achieved through mutilation (FGM). The expression of anti-women attitudes can be brutal or more subtle but are never-the-less sinisterly linked to the concept of inferiority and subjugation. Strong words but when you are blown to bits or threatened with any measure of violence in order to subdue you are humiliated and subjugated as Charles Saatchi effectively demonstrates to his wife Nigella Lawson.  Every so often it is demonstrated that these ill conceived malignant deceits pollute the secular domain too, though purportedly impervious to such inequalities, because attitudes that are entrenched run deep and are difficult to dislodge until we expose them to the light.

Women are diminished by religious doctrine which followers view as law, diminished historically and legally in legislation, diminished in the historic arts of medicine and psychology, diminished in society. But it is not all bad and women are not perfect either. The point is women are equal to men - I prefer to dispense with arguments about what is intended with the word equal however clarity for some is always required - equal as in unbiased and of the same status.

Women are strong, are intelligent and competent, are contributors, and fortunately for me the society I grew up in now officially recognises these unassailable facts with some gaps here and there at the fringes. Not anything we cannot fix in time. Society reinforces what goes unquestioned whether this might be good or bad and it reflects on us and changes our society for the worse if we do nothing, question nothing when behaviour or attitudes emerge that are not good. Men do have to contend with social hurdles, bigotry, disadvantage due to birth and geography, life can be difficult for women in those ways too. I'm not arguing equivalent disadvantage but a similar position for most men might be to consider where homosexuality or a perception of being less manly and more womanly (= inferior) is observed, construed or used tactically in order to diminish them. It is this underpinning and fundamentally flawed psychology that needs to change along with valuing human reason over religious dogma. It is important to diminish the powerful role religious doctrine plays in creating perceptions that devalue women. 

Try to imagine living with the perception you are inferior to your gender counterpart, 24/7. It is a perception that exists, in some sectors of societies, in most major religions, I don't believe there is any purpose or reason to deny it by not pointing it out. If I were to compare the 1970s with the year 2013 I can say the situation with regards to sexism and  the treatment of women has improved and is continuing to do so in this country at least. And, as this last week has demonstrated we have much to be vigilant about and need to vigorously promote change in attitudes as they emerge from the depths because such change will only benefit society. To those who may have a problem with this, to quote the fine words of Chief of Army, David Morrison, "...if that does not suit you then get out.".






Sunday, June 2, 2013

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
  1. Threatening harm; menacing: "Bill shot a baleful glance in her direction".
  2. 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?


Sunday, May 19, 2013

How Defamation Law Achieves Censorship in modern Australia

Defamation Law is purportedly about the protection of a good reputation. The assumption being that all reputation are good. Not so. Defamation Law is to protect reputation from factual information that can harm it. It is a common fallacy to believe Defamation Law is a just and necessary legal framework to protect good reputation. The not so commonly accepted aspect is that it is the intent of Defamation Law to suppress knowledge of bad reputation. Ultimately its proponents wish to spin the social service guff about it when in fact what Defamation Law protects, tooth and nail, is the bad reputation. The good reputation based on truth does not require such a law to any remotely equivalent level. 
thief (detail) 2010 © Lee-Anne Raymond
That a reputation is considered to be the most important thing a person can cultivate is understandable. Your good reputation can achieve good things for you and represents to the society in which you live a measure of your worth and contribution. A reputation for modern society as it was in antiquity is something to cultivate, preserve and use as if it were a commodity, but also to provided for us a reflection out to the world of who we are. How a reputation is critiqued therefore, it can be asserted, has meaning. 

Socrates points to the most important possession that a man can cultivate as though it were a precious jewel is his reputation. Those quoting this as evidence that a reputation must be defended then from any criticism forget that he also said...
The way to gain a good reputation is to endeavor to be what you desire to appear.
and...
 
The shortest and surest way to live with honour in the world, is to be in reality what we would appear to be - Greek philosopher in Athens (469 BC - 399 BC)  
Socrates is saying to be true unto yourself and that the pursuit of a good reputation is one best achieved through truth of your actions and behaviours.

Australian Defamation law though cares nothing about a person being true unto themselves. 

Defamation law is not about whether the truth of the criticism can be proven, truth is only a justification for the harm done to a reputation because the truth was made known. Australian Defamation Law contains a trap when a defendant motivated by truth maintains her position and commits to a defence of the accusation of having defamed an individual or entity (plaintiff) with her criticism. The trap is in defending yourself. The law classifies the defamation defendant as admitting to having defamed the plaintiff because they have written/communicated the truth because the truth only provides a justification for the defamation. Truth is not a complete defence  but must be proven to limit punishment. If that is not crystal clear I'll put it another way; the law views the defendant, by her own admission in defending the claim, as guilty, has defamed the plaintiff and even when demonstrating that truth and justification are established this will still mean she will bear up to 40% of her costs. The law merely disallows compensation to the plaintiff for damage done to their true character by it being exposed. The law intends that a good reputation is preseved despite that reputation being clearly shown to be otherwise.

What a defendant must show in order to win her case is all of the above and that the manufactured "imputations" are false, not proven. This is the rub as they say. The defence already hamstrung have imputations to hurdle in addition. Imputations are tools at the plaintiff's disposal allowing them to distort criticisms to mean something altogether more serious or completely different by claiming an imputation has be made other than the actual meaning behind what was stated. And, though it is possible to have an imputation struck out it takes much time and money to achieve. A case must reach trial to do so and as many defendants are not financially equipped to last that long with the escalating legal costs they cannot chose to do so. Who would opt for defence under these conditions if they had a choice? Not many, as not many would be in the position to do so, and not many could endure the stomach turning hypocrisy of its claim to be representative of a just model.

Much about defamation law, in the reality of its practice, is designed to threaten and bring about submission. In one scenario a defendant is threatened she must submit to the demands of a plaintiff (the aggrieved) as outlined in D) or else she will be: 
A) charged with criminal defamation (not technically possible in Victoria but the threat was made); 
B) required to pay for all the huge fees wracked up on both sides or; 
C) inclusive of costs in B/ have punitive (further) costs awarded against her for having mounted her defence and not opted for D) in the first place;

At the outset a defendant has this as an alternative: 
D) She can apologise, admit the criticisms made were a lie (truth is immaterial here) and pay excessive compensation to the aggrieved plaintiff anyway. 

Difficult choice being between a rock and a hard place so it best to go with the right thing to do.

Choosing C) to defend herself means she will be dragged to court and to a trial she is told should she lose she will incur potentially hundreds of thousands of dollars in court costs and punitive costs awarded to the plaintiff because she did not apologise to the plaintiff when she had the chance (truth being irrelevant in this legal framework). 

For a socially and civic minded, honest and fair individual D) as an alternative is diametrically opposite to these fundamental values, values that are qualities the State and its apparatus the Law purport to admire and uphold for themselves and the citizens they represent. 

But if it all sounds like system endorsed bullying to bring about censorship you'd be close to describing the actual achievement of Defamation Law.

It is a law to bully and gain acquiescence in order to achieve other aims one being censorship another being collateral (to punish or gain financial advantage over an opponent). It affords the wealthy with a weapon to threaten and if that doesn't work a tool to censor any undesirable content. It therefore assists undeniably aims, by those who can afford to use it, to limit public knowledge and debate. It is State legislated and thus State endorsed censorship in action. 

When individuals or the state control the message you have censorship. When it is a prerequisite that art in its content and effect should never offend you have censorship.

When an artist writes of a gallery operator's misrepresentation of her art and a defamation action is taken out against her for doing so you have legalised censorship.

When the State and the Law accept this behaviour the message is that the State and its apparatus the Law are complicit and in league with the censorship.

Open political, social, religious, cultural and artistic debate art is not served by censorship and all will suffer its stagnating effects. What do we expect of our thinkers, commentators and artists if not challenge, perspective and debate? We will as a consequence of protection of the reputation at all costs and in disregard of the truth engender a nationalistic, unimaginative, conformist, without innovation, characterless society.

A society advances through innovation not just but significantly through the arts by being exposed to new forms of content, new or transformed ideas, which take the viewer/listener into a new understanding whether they like it or not, accept it or not. 

Without the protection of freedom of speech, one of the inspirations for innovation, change and development, we may as well be at sea with a fixed rudder. We are fixed as we cannot robustly challenge the status quo of difficult or sensitive subjects nor can we challenge a behaviour or action of individuals or corporations for fear of an attack we cannot resist, no matter how brave our resistance. 

So, fixed we become gradually lost and unable to alter our trajectory we inevitably head toward the rocks.

Always remember that it is impossible to speak in such a way that you cannot be misunderstood: there will always be some who misunderstand you. 
Karl Popper Unended Quest: An Intellectual Autobiography (1976) 


Sunday, May 5, 2013

Defamation Terrorism is Alive and Well in Australia

How the Defamation Terrorists win in Australian is through our legal system's blind eye to defending truth and its farcical fascination with preserving the beauty of its own navel forever to be kept in stasis so that one day, it may be reconnected to the umbilicus of the Great and Mighty British Mother Land. Gives you chills and goose-bumps at the thought doesn't it? Or, like me, does all the aping of Her transposed pomp and nonsense ceremony, bowing and scraping to bewigged puffed up buffoonery dismay you too? How can we take this seriously? Why is it that the Australian legal system (industry) cannot see that what it desires and apes for itself is not what the people of Australia want? Defamation laws or wigs, their acceptance as the way things are meant to be are formed from the same illogic. If it is from the Mother Land it is to be emulated as it is good.
Justice Generic Bewigged - incognito © Lee-Anne Raymond 2013

Well, Your (bewigged) Worship, you and your ilk, who would determine my fate, are asses and peculiar ones to boot. How are we to take you seriously? No, seriously why should we not laugh and point at your clown like bewigged appearance - which according to NSW Court of Appeal Court Spokeswoman Sonya Zadel is because a wig affords judges in particular a sort of protective shield:
“In criminal matters a wig gives a judge some anonymity … it’s an issue of safety and security,” lawyersweekly-2007-judges-ditch-wigs  
Nonsense Sonya.
The wearing of wigs though not enforced in law grew in tradition from the 17th century on as a type of "fashion statement" alternative to bad hair and into hierarchical symbolism (though in my view the original aims were based upon establishing hierarchy and elevated difference). The wigs and gowns suggest a uniform of sorts a bit like a religious order, shocked as some in the legal industry may be to have such an association made. The wigs and robes represent within the industry and to the public the status of the wearer. The garments separate and elevate the lawyers from the public to create a hierarchical authority over the client and identify their level or status within and to the order.  Other elements of significance come into play such as the age the wig looks to be being relevant to how important you are, its style and length etc along with the types of robes worn are all very important markers of elevation and status. History-of-wigs

But I digress. Of course with the title of my post I am adapting the label of "Libel Terrorism" which applies to offended plaintiffs (wealthy ones) dragging defendants into UK courts in order to seek damages outside of unfavourable jurisdictions like for instance the USA which protects the right to free speech. Libel terrorism developed out of the legal phenomena known as libel tourism (coined by Geoffrey Robinson). Even the UN finally noticed enough in 2008 to point out the flaws in British Libel legislation allowed for serious human rights implications as they 
"served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as libel tourism." 
I am labelling ALL Defamation Law as being a way to threaten, attack and wipe out criticism in order to censor and/or extract monetary gain. The mere threat of the damaging effects of defamation law are enough in many cases to silence the right to impart and receive information which is a human rights violation. Why would we want to allow free speech which might lead to robust criticism and to more free and open society/s? Yeah crazy talk, isn't it?

Following political and public agitation in 2010 the US "Committee on the Judiciary" and President Obama concluded the use of the UK's "Militant Libel Laws" threatened the freedom of speech and was effectively a "chilling" of the fifth amendment rights of US writers and journalists. So they have now passed protective laws called The Libel Terrorism Protection Act to block supply to the libel terrorists/tourists. Hell, there was even an episode of "The Good Wife" (which I have blogged on earlier) that seemed to pick up on some elements from a known case - Funding Evil where author Dr Rachel Ehrenfeld was sued for libel in the UK (by a non-resident plaintiff) as 23 copies of the publication in question had been purchased through UK online bookstores. 

Anyway with such decisive action by the US courts...take that you British scoundrels...loud applause and hoorays from all...came the backlash. Backlash? you ask, who'd protect such ludicrous laws? The libel terrorism industry protectors and benefactors (the lawyers and judges specifically) in the UK of course. Sure the odd individual beneficiary might have been paid out bazillions of nefariously acquired libel terrorism bucks too but these sensitive malcontents are the least of the issue. Where the real interest lay in keeping the backdoor open is in the legal industry that had built up around the demand. Where the legal industry, like any industry, sees a market it fills it, justifies it and cultivates it. And, now their beautifully fattened up law and their ability to continually suckle at its ever ballooning teat had been taken away.

Does this mean that a potentially never ending source of financial resources and source of social aggrandisement would be affected? Well, shit yeah! But, not without tantrums being thrown from within The House of Lords (the most bewigged and robed attired of them all) it wouldn't. Loud cries of "You shall not pass!" were heard...okay apologies to J.R. R. Tolkien and Gandalf, but you get the gist. Quite right too, how on earth will they ever afford their rented castles and wig makers now?

Rachel Ehrenfeld at the time noted...
"A recent speech by a former senior judge of the appellate committee of the House of Lords, Lord Leonard Hoffmann, expressed strong opposition to the US legislation. He also attacked the UN human rights committee's finding in July 2008 that British libel laws, especially those that facilitate libel tourism, are chilling free speech worldwide. Libel tourism is a phenomenon in which foreign claimants exploit plaintiff-friendly defamation laws to sue authors and publishers in countries in which they have not worked or published." 
All defamation laws and jurisdictions are flawed, expensive and shamefully tawdry in intent, some more so than others. Even the US version has problems, though it at least limits defamation significantly by clearly declaring the truth cannot defame. And it does so without the security of protective wigs.

Defamation/Libel Laws in their current forms do nothing to sufficiently defend the so called defamed and are anti human rights. No one has the human right to
- not ever be offended
- subvert the truth to achieve censorship
- conceal a lie in order to achieve censorship
- elevate reputation above the right to receive and impart information
- utilise laws, poorly framed or not, for a collateral purpose

Truth may offend but it cannot harm a reputation by being known. If true then that is the reputation revealed as it exists. If you don't want others to know you expose your dangly bits to unfortunate school children, defraud, lie, burn, bomb, rape or pillage, then don't be that sort of person/company. Be better, be good and deal with the truth when it comes out by facing it and its consequences honestly. Expose a lie when it is a lie, but don't develop out of such an aim an industry which in reality has the goal to eliminate truth and all knowledge of it. There's a good world citizen.

What is needed?
Reform ** (view the petition and please sign to support Australian defamation law reform)

One follower of our case "couldn't" sign our petition as it doesn't "go far enough", the law should be completely abolished in his view. I can't disagree but I can't see how we might get such an outcome in reality. That said there could be a framework which upholds the right inform on truth and informed opinion.  Wait, isn't that the US Constitution's 5th Amendment? I know but stay with me. Where in addition such a framework channelled complaints through an Administrative Tribunal. One providing democratic access to ones own representation to prove truth or demonstrate a lie. Complete with severely capped potential payouts thus blunting the current windfall component of defamation law that encourages litigation for collateral purpose and authorises censorship which in turn encourages an industry to be built up around it in order to service the litigious and censorial.






Saturday, April 20, 2013

The Boston Bombing is another religious attack of Islamic terrorism - facing it will assist understanding.

I have never been more anti-religion than now. Galvanising this visceral reaction are past and recent Islamic terrorism events and the vain persistence of the religious to claim only an extremist element are to blame along with social or other disadvantage experienced by the perpetrators.

The Boston bombing stirs the emotions. Another irrational useless attack on innocent people taking lives and limbs and creating life long scars for survivors.

©leeanneart2011
The intended symbolism of such an act, ultimately is to demonstrate that a religion, acclaimed by its followers as the "religion of peace", Islam (literally meaning submission) is superior to all other ways of living and thinking.

Islam as a consequence is tainted by the blood of the victims of such acts. The targets are democracy and freedom, any other religion, atheism, apostate Muslims, non Muslim cultures. The purpose and intent is to teach a lesson to victims and survivors that they are the cause of such attacks because they resist adhering to the ways and influence of Islam and its laws.

The radical nature of the actions of blowing apart children and unarmed unwarned civilians who are sitting ducks seem to mask evidence that the religion has problems because people do not wish to face up to it. I think for many they must resist such a dark thought because to think it, to consider it, challenges the received wisdom, that religions are inherently good, peaceful and positive. Lessons of good, peaceful and positive nature are not taught through violent cowardly murder.

Historically Islam has pursued geopolitical dominance within its religious agenda and the desire to ensure that the dogma of Islam is prime. Educated privileged young men adopt Jihad for Islam turning themselves with the help of such a religion into murderers and executioners. It is no longer sufficient for to ask why they do so the answer is too obvious. To ignore the truth is an amazing delusion.

The targeting of civilians in such a manner is a crime and is a crime against humanity. Currently it is blind faith a delusional view that religion represents the best of humanity is part of the problem.

The nature of such an act is that it is cowardly and predatory intended to produce confusion, fear and doubt. It is used to undermine confidence. It is time to stop asking why such events are occurring. They are happening because Islam is not capable of producing peace unless through use of violent Jihad in order to smash out of existence all other religions and ways of thinking and conducting life.
The point is the Why? is clear.

Start asking Islam what it is going to do to rewire and rewrite the Koran and Sharia and the Hadith. This is where the messages are flawed. When is Islam going to go about reform in order to rewire its message and therefore its followers. Doing so would prevent such misery and bloodshed.

The bombs were intended to make the point, Islam will allow for no peace to exist whilst you continue to refuse to "submit".


Note links:
Just dip in yourself and don't trust my selection these are just a guide - perform your own research at all times.

History of Jihad
http://www.islam-watch.org/HistoryOfJihad/

Hadith
http://www.hadithcollection.com/

Koran
http://ebookbrowse.com/the-koran-translated-n-j-dawood-pdf-d285165189

Sharia
http://mehr.org/index_islam.htm

Sunday, April 7, 2013

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








About Leeanneart

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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.