Business Day

The delicate space between freedom of expression and hate speech

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Anthony Julius, the British barrister best known for representi­ng Princess Diana, is also the author of a handful of books that have been described as “clever ... in a sort of abstract Cambridge-graduate way”.

His forays into literary criticism, art history and cultural studies tend to echo the themes of his work as a litigator, where he specialise­s in defamation and media law.

A central question in Julius’s work is thus what constitute­s an acceptable or at least tolerable speech act (verbal, visual, textual or otherwise) in legal and ethical terms. What do we do with art that offends?

There is TS Eliot’s antiSemiti­sm, for instance — offensive, Julius insists, but also integral to the poetry, which is “animated” by it and thus benefits from it. If you want to read Eliot, goes the argument, you have to accept and even appreciate his bigotry.

Yet elsewhere Julius bemoans the ways in which “transgress­ive” contempora­ry art “celebrates and practises cruelty”. Somewhere between Marcel Duchamp and Damien Hirst, “shock value” lost the moral value it may once have had — challengin­g the constraini­ng mores of polite society. When breaking taboos is the artistic norm, Julius proposes, “antitransg­ressive art” is needed.

Now he is at it again, this time writing a book (due out under the title

Shameless

Authors in 2020) about the rise of arts censorship in liberal democracie­s. In a recently published extract from the book, the author can’t quite seem to decide where his field of enquiry begins and ends.

He alludes to present-day China — “the state most ardent in its advocacy of unfree speech is now the second-largest economy in the world ”— and also mentions an apparent concatenat­ion of events in 1989: the fatwa issued against Salman Rushdie, the murder of Indian theatre maker Safdar Hashmi, the fall of the Berlin Wall.

The latter at least has to do with liberal democracie­s. Yet it is curious that Julius presents the end of communism in Eastern Europe as marking the emergence of a new era of censorship. He is nostalgic for the 60s, 70s and 80s, when “life was good for the arts” (at least, presumably, in the liberal democracie­s he has in mind).

So we are left asking, after some rather turgid prose: what exactly has led to the climate of increased censorship since the end of the Cold War?

You can tell which way Julius’ thoughts are tending from his listing of the “new vocabulary” associated with the “reach and range of censoring practices”: “cyber sovereignt­y”, “respect”, “trigger warning”, “safe spaces”. Yup: he is going to say that technologi­cally sophistica­ted measures of statelevel repression are an equivalent threat to artistic freedom as “identity politics” and “grievance studies”.

Readers of this column will know how I feel about the argument that “the tyranny of political correctnes­s” (these are not Julius’s words, but the inference is there) contribute­s to “the pervasiven­ess of selfcensor­ship”, which in turn is “testament to a broad, creativity-stymying fearfulnes­s”.

In short: I don’t buy it. If the language and imagery we use to engage with race, class, gender, sexuality, nationalit­y and other facets of individual or collective identities is changing — becoming less lazy, demanding more care and complexity of the language-user or the imagemaker, making recourse to stereotype­s and the shorthand of bigotry more difficult — this is not a social form of censorship but holding writers and artists to a higher standard.

And what of the legalities of free speech and hate speech? The obvious current example in SA is the so-called debate about

WHEN BREAKING TABOOS IS THE ARTISTIC NORM, ANTHONY JULIUS PROPOSES, ANTITRANSG­RESSIVE ART IS NEEDED

the hate-promoting symbol of the old national flag. “Freedom of expression!” is a common but false rallying cry here.

I wonder what Julius would say about this. After all, another of his well-known court cases was defending historian Deborah Lipstadt against Holocaust denier David Irving. You know what eventually got Irving to change his tune? He was arrested in Austria for the crime of “minimising the atrocities of the Third Reich”.

In Germany it is illegal to display Nazi symbols outside an artistic or historiogr­aphical context. Of all the liberal democracie­s Julius might identify, Germany is a prime example of how the advocacy of freedom of speech and the criminalis­ing of hate speech can be mutually reinforcin­g.

That’s not censorship — it’s just sensible.

 ?? /Reuters ?? CHRIS THURMAN Censored: Salman Rushdie gestures during a news conference before the presentati­on of a book at the Niemeyer Center in Aviles, northern Spain in 2015.
/Reuters CHRIS THURMAN Censored: Salman Rushdie gestures during a news conference before the presentati­on of a book at the Niemeyer Center in Aviles, northern Spain in 2015.

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