http://falkvinge.net/2013/03/06/next-tuesday-the-european-parliamen...
Freedom of Speech
Freedom of Speech
Next Tuesday, the European Parliament will vote yes to a report calling for a legislative ban on all pornography in “media”. This “media” is worded to include the internet, and is broad and vague enough to even include photos you take of yourself and send to friends, as well as simple text messaging. This horrendous attack on our fundamental freedoms of speech and expression needs action now.
The deceptively-named report is titled Eliminating gender stereotypes in the EU, which sounds good and something you’d give your approval on first glance, right? We’ve seen this kind of deception before, with bills named things like “Stop Online Piracy Act” (SOPA), “Anti-Counterfeiting Trade Agreement” (ACTA), and the “Patriot Act”, that were all named to trigger a “yes” vote, but which were really about tearing down the most fundamental of our rights and liberties.
The current state of affairs in the European Parliament is a clear majority in favor of this report, much because of its title and a belief that there’s nothing odd about it.
Next week’s vote, which will probably be on Tuesday, isn’t really on legislation as such – rather, it is about requesting legislation to be drafted on the matter, and final legislation will come back to a vote. Thus, this isn’t the final vote in the legislative process; rather, it’s the first vote in the legislative sausage machine (“what goes in, must come out”). This is a so-called initiative report. Still, it is important to send a very clear message that this is unacceptable at first opportunity, or it will become a legislative proposal which is much harder to fight.
As part of this report, we find a call to enforce a carpet ban on pornography, across “the media”. This is a hair-raising attack on freedom of speech and freedom of expression that should never have made it past the first cursory review (my highlighting):
17. Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising, which called for a ban on all forms of pornography in the media and on the advertising of sex tourism;
This refers to an earlier decision, which is just as horrendous and that neither can nor should be enforced:
Freedoms of speech and expression most definitely include sending erotic material – text, images, sound – between consenting adults. This is a political invasion of people’s bedrooms that is unacceptable and intolerable.
But “the media” is kind of vague in point 17 above – could it be referring only to commercial, for-profit media? Not really. If we look closer, we see that the Internet is most definitely included – and also that the European Parliament is trying to abdicate political responsibility for this decision, by pushing responsibility onto Internet Service Providers for policing the morals of a total carpet ban on anything remotely pornographic (my highlighting):
14. Points out that a policy to eliminate stereotypes in the media will of necessity involve action in the digital field; considers that this requires the launching of initiatives coordinated at EU level with a view to developing a genuine culture of equality on the internet; calls on the Commission to draw up in partnership with the parties concerned a charter to which all internet operators will be invited to adhere
So yes, the European Parliament is really voting to create a ban using language that is broad and vague enough in scope to include sexual communication between consenting adults over the internet, and using unaccountable Internet Service Providers to do their policing for them. This is as unacceptable as it gets, but make no mistake – the Members of European Parliament are going to vote yes to this report come Tuesday, unless they hear from us very loudly and clearly. In other words, it is therefore time to mail the European Parliament with our opinions.
You may remember how we did that in the anti-ACTA campaign. I have set up a mail alias that resolves to every Member of European Parliament (all some 750 of them); the mail alias is europarl-all-mar2013@falkvinge.net. Mail them right now, regardless of whether you are an EU citizen or not. Write a mail with just whatever you feel about this issue from a personal standpoint, maybe picking inspiration from one of these sample letters, mixing and matching them, or rolling your own entirely:
From: (You)
To: europarl-all-mar2013@falkvinge.net
Subject: Please REJECT the report “Eliminating gender stereotypes in the EU”.Next week, the European Parliament will vote on an initiative report called “Eliminating gender stereotypes in the EU”. While this report may look beneficial and uncontroversial on the surface, it includes provisions to ban all kinds of pornographic material, across “the media”.
We can also read in the report that “the media” includes the Internet, and that Internet Service Providers are encouraged to do this policing in an unaccountable
manner.This is an unacceptable political invasion of people’s bedrooms. Fundamental freedoms of speech and expression most definitely include the ability to send erotic material between consenting adults in any manner they so choose and wish.
While there may be good parts in the report, as a whole, this report is not compatible with fundamental rights and freedoms in a democratic society. I therefore
urge you to reject it.Sincerely,
[Your Name]
[Your Country]
From: (You)
To: europarl-all-mar2013@falkvinge.net
Subject: Next week’s report on “eliminating gender stereotypes” must be rejected.There is a report on “eliminating gender stereotypes” coming to a vote next week. This is a deceptive title; the report hides legislative language that is not compatible with fundamental rights and freedoms in a democratic society.
The report seeks an enforcement of a ban on every form of pornography, across a definition of media that includes the internet (points 14 and 17). Further, it calls on Internet Service Providers to enforce this ban, outside of legislative accountability.
This is a political invasion of adult people’s bedrooms that is neither acceptable nor tolerable. Politicians have no say in what consenting adults communicate between one another, and yet, this report seeks to impose an extrajudicial censorship of such communication in the most unaccountable of ways. I find this despicable and a completely unacceptable attack on the most basic of freedoms of speech and expression.
Therefore, I urge you to decisively REJECT this report, and also to tell your colleagues of its deceptive title compared to its actual contents.
Sincerely,
[Your Name]
[Your Country]
From: (You)
To: europarl-all-mar2013@falkvinge.net
Subject: Next week’s report “Eliminating gender stereotypes in the EU” is deceptive. Please reject it.There is an initiative report coming to a vote next week titled “Eliminating gender stereotypes in the EU”. This title is deceptive and hides an unacceptable attack on fundamental rights and freedoms – one that is not compatible with a democratic society.
Looking at points 14 and 17 in the report, it calls for a complete ban on all forms of pornography in media, and makes it clear that this includes anything on the Internet. In other words, it applies to any kind of erotic material – text, images, sound – and not just the commercial kind. This is a political invasion of adult people’s bedrooms – adult VOTERS’ bedrooms – that goes far beyond the tolerable. If consenting adults choose to share erotic material with one another, this is not a matter that politicians have any kind of say about.
While there may be good parts in the report, as a whole, this report is not compatible with fundamental rights and freedoms in a democratic society. I therefore
urge you to reject it and to inform your colleagues of this attempted deception.Sincerely,
[Your Name]
[Your Country]
See also Christian Engström, MEP who goes more in-depth in his analysis of the report, (updated) as well as the European Digital Rights Initiative‘s write-up.
Rick is the founder of the first Pirate Party and is a political evangelist, traveling around Europe and the world to talk and write about ideas of a sensible information policy. He has a tech entrepreneur background and loves whisky.
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http://christianengstrom.wordpress.com/2013/03/06/an-eu-proposal-to...
Next week in Strasbourg, probably on Tuesday, the European Parliament will be voting on a Report on eliminating gender stereotypes in the EU. To promote gender equality and eliminating gender stereotypes are of course very laudable goals, so my guess would be that unless something happens, the report will be approved by the parliament, possibly by a very large majority.
But as always, the devil is in the detail.
Article 17 of the report says (with emphasis added):
17. Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising, which called for a ban on all forms of pornography in the media and on the advertising of sex tourism;
The resolution of 16 September 1997 in turn said:
5. Calls for statutory measures to prevent any form of pornography in the media and in advertising and for a ban on advertising for pornographic products and sex tourism;
To a certain extent, the exact meaning on this proposed ban on pornography is unclear, since neither the 1997 resolution nor the text we will be voting on next week contains any definition of what is meant by ”in the media”.
Magazines and cable television would presumably be considered to be ”media” by most people, but what about the internet? Without any definition of ”media” in either of the two resolutions, the answer is not obvious from reading just those two articles, at least not to me.
But the resolution we will be voting on next week has other things to say about the internet. Article 14 reads (again with my highlighting):
14. Points out that a policy to eliminate stereotypes in the media will of necessity involve action in the digital field; considers that this requires the launching of initiatives coordinated at EU level with a view to developing a genuine culture of equality on the internet; calls on the Commission to draw up in partnership with the parties concerned a charter to which all internet operators will be invited to adhere;
This is quite clearly yet another attempt to get the internet service providers to start policing what citizens do on the internet, not by legislation, but by ”self-regulation”. This is something we have seen before in a number of different proposals, and which is one of the big threats against information freedom in our society.
The digital rights organisation EDRI has produced a booklet called The slide from ”self-regulation” to corporate censorship, where they point out that:
…now, increasing coercion of internet intermediaries to police and punish their own consumers is being implemented under the flag of “self-regulation” even though it is not regulation – it is policing – and it is not “self-” because it is their consumers and not themselves that are being policed.
In the battle against the ACTA treaty, the fact that ACTA contained similar ”self-regulation” proposals to get internet service providers to start policing their customers was one of the reasons why the European Parliament rejected the treaty in the end.
Many members of the parliament (including me) felt and feel that this kind of ”self-regulation” is nothing more than an attempt to circumvent the article on information freedom in the European Convention on Human rights, which says that everyone has the right to receive and impart information without interference by public authority and regardless of frontiers, and that any restrictions to this right have to be prescribed by law and be necessary in a democratic society.
Next week’s resolution is a so-called ”own initiative report” by the parliament. This means that it does not automatically become law even if it is adopted, but is just a way for the European parliament to express its opinion.
But the purpose of these own initiative reports are to serve as the basis for the Commission when it decides to present legislative proposals to the parliament. If this own initiative report is adopted by the parliament, it will strengthen the Commission’s position if and when it wants to propose various ”self-regulation” schemes in the future.
Although I completely agree that eliminating outdated gender stereotypes in the EU is a worthwhile goal, I will be voting against this resolution next week.
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The ridiculous efforts of certain companies to censor the Internet are already a serious cause for concern. This trend becomes even more worrying when such privatised censorship gets political support.
Next week, the European Parliament votes on a non-binding resolution supporting a ban on "all forms of pornography" (paragraph 17), with online policing being done by private companies (paragraph 14).
Concretely, this would mean asking Facebook and other companies to regulate online communications. It would mean more of this:
Specifically, the proposal:
Thankfully, if adopted, the draft resolution would not be legally binding. It is also extremely badly drafted and almost certainly too absurd to be taken seriously. However, it is still important for the European Parliament not to undermine its own credibility with such proposals. It is also important not to give any support to privatisation of the regulation of our freedom of speech.
The vote takes place next Tuesday (12 March).
Will your MEP be supporting this absurdity?
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DTOM: For those of you opposed to ponorgraphy, take this into consideration.
This has all come about from a draft report “on eliminating gender stereotypes in the EU,” tabled by a far-Left Dutch MEP, who has said school curriculum materials should stop depicting men and women in their “traditional roles” of mothers and fathers.
The report says such depictions are “encouraging more gender discrimination in different areas of society and all age groups.”
It all comes down to this, globally a bunch of control frreaks have deemed that they have the right to tell you how to live your life, regardless of your personal beliefs.
Time to tell this scum where to go...
Central Scrutinizer
luv the way the establishment tries to rectify a problem years AFTER it could have been done more easily. The I-net porn biz is a global 8 billion dollar a year industry NOW. In the beginning years of the WWW, should have laid out the stipulations, regulations THEN. Sort of like applying a band-aid 2 weeks after a cut.....pretty pointless now.
As w/ banks, puppet governments, corporations & conglomerates.... the money will not allow it to cease, its too big to fail now, and damn it, where would the bankster elite pervs get their jolly's??
Mar 8, 2013