Why allow offensive speech?

Why allow offensive speech?

IN recent weeks, freedom of speech has been on my mind a lot. It’s hard not to think about it, what with radio deejays and a newspaper editor getting suspended, and a rapper getting investigated over a YouTube video. Some of my formative years were spent in the US where freedom of speech is guaranteed by the First Amendment of the US Constitution. It is guaranteed to the point where neo-Nazis have the right to hold public rallies and demonstrators can burn the American flag without fear of being arrested. But of course there are limits. Freedom of speech doesn’t allow for child pornography, for example, because child pornography is illegal. Freedom of speech also doesn’t allow someone to falsely shout "fire" in a crowded cinema as it could cause a stampede. Lastly, it goes without saying that freedom of speech does not allow one to defame another. But freedom of speech in the US does include offensive speech. So, you can make fun of the president and even insult him if you want to. That’s pretty hard to imagine in Malaysia although technically we are supposed to have freedom of speech. It is protected under Article 10 of the Federal Constitution which also guarantees the right to peaceful assembly. So, we should be able to say whatever we want and hold gatherings whenever we want, right? Wrong. Unlike the First Amendment, Article 10 entitles citizens to such freedoms only insofar as they are not restricted by the government (as opposed to those freedoms being absolutely guaranteed as in the US). In Malaysia, we have the Sedition Act 1948 which curtails free speech and the Police Act 1967 which prohibits the gathering of three or more people in a public place without a permit. A common joke among editors is that in Malaysia there is freedom of speech but not necessarily freedom after speech. The reason often given by those who are against US-style freedom of speech is that we are a multiracial country and therefore have to be extra careful about what we say. It’s worth noting that the US, a nation made up of immigrants, is the ultimate melting pot. Yet you don’t see frequent riots erupting as a result of the First Amendment. How many times have you heard the argument that if we allow people to make speeches that are offensive, it will lead to riots in the streets? If you didn’t know better, you’d think we’re a nation of powder kegs, ready to explode at the mere hint of so-called seditious speech. In the age of the Internet, people are more exposed, more tolerant and wiser than some alarmists among us would like everyone to believe. This is 2010 not 1969. If you are a proponent of free speech the most common question you’ll get is, "Why in the world would you want to allow offensive speech?" First, how do you define "offensive speech"? What is offensive to some might be appealing to others, and vice versa. Second, defending the right to make offensive speech is not the same thing as encouraging or promoting it. Here’s a quote by Voltaire to illustrate what I mean. "I disagree strongly with what you say, but I will defend to the death your right to say it." And finally, an analogy to drive home the point. Just because you are against Internet censorship doesn’t mean you are a supporter of say, pornography. What it means is you don’t want the government to censor the Internet. It also means you are willing to take the bad that comes with all the good that a censorship-free Internet has to offer. The same can be said of freedom of speech. Yes, there’s some offensive stuff that can emerge as a result of free speech, but there’s a whole lot of good that comes with it too. Our prime minister has said many times that we need to foster an innovation economy. You can’t possibly achieve that if the Internet is censored and free speech is curtailed. Fortunately for us, the Internet is free of censorship. Hopefully one day soon, the same can be said about speech. Before and after. OON YEOH is a new media consultant. Comments: letters@thesundaily.com Updated: 09:56AM Wed, 08 Sep 2010 Printable Version | Email to a Friend