Facebook Freedom of Speech
27th Jul 2010
From Socrates through the Magna Carta to now, the right to speak freely has been highly valued in Western society and is something we British have always particularly prided ourselves on.
After the publication of The Satanic Verses my mother wrote to Salman Rushdie to offer him refuge (not that he’d have been able to get a word in there).
Today, barely a week goes by without a protest on our streets – for peace, animals, education, job and public sector cuts or the publication of a controversial article. Whatever the issue, in the UK we can protest because it’s our legal right.
Contrast that with the recent uproar over the ‘tribute’ page to Raoul Moat hosted by Facebook, where people have freely given their opinions, tasteful or otherwise. After all, it’s their right to do so as well.
The fur flew, the Prime Minister got involved and there was public outrage. Turning up the heat up even more, Facebook initially refused to close down the webpage.
Many people, they said, would find some topics featured on the site ''distasteful'' but ''that is not a reason in itself to stop a debate from happening''.
Then, at Prime Minister’s Questions, our political leaders debated whether we should be allowed to exercise our freedom of speech?
People who are timid in real life can hold court from their kitchen table. The problem is the paper rules can’t keep pace with the internet.
So while what you can do legally is clearly stated, the obligations and consequences that come with such freedoms are not.
The Human Rights Act 1998 echoes the Universal Declaration of Human Rights. Article 19: "Everyone has the right to freedom of opinion and expression; this includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
We fight fiercely to speak freely, but voice our outrage when the topic in question is one with which polite society does not agree.
We can’t have it both ways. We can’t pick and choose depending on what we believe is morally appropriate and then expect the law to bend accordingly.
The law provides for freedom of opinion and expression to all, within very carefully defined limits. In seeking answers when these matters arise, we may have to look closer to home.
The legal right of freedom of speech in which we all rejoice also gives us personal choice.
Yes, cyberspace can be a hard, insensitive and cruel place, but wecan take control of our own exposure and train ourselves to self regulate. Facebook is merely a conduit for its users and where the legal right to freedom of speech exists, Facebook is entitled to facilitate it.
Author: Deborah McGargle (info@bhplaw.co.uk)
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