Freedom of speech, UFOs and The Sun

The tabloid's report of a case involving a UFO cult and the European Court of Human rights was highly misleading.

The Sun this weekend offered its readers new evidence of the lunacy of the European Court of Human Rights. "Euro judges back crackpot cult’s right to promote alien contact", screamed the headline, referencing last week's decision by the court's Grand Chamber in an appeal brought by the Swiss Raelians, who had been banned under municipal laws from putting up posters advertising their UFO-based religion. 

The story went on to denounce the judges for backing the "nutty group's demand to encourage everyone to talk to ALIENS." The court had "upheld their bid to plaster walls with posters urging people to contact ETs" because stopping them would impede their right to free expression, despite the fact that the Swiss Government had "tried to ban the posters on 'moral' grounds as they could cause alarm."

The Sun derided this decision as "the latest twisting of human rights laws by the politically correct judges", alongside the court's earlier demand that prisoners be given the vote, and brings in a UKIP MEP, Paul Nuttall, to complain that the "European judges must be on another planet".

So the Raelians won, right? No. They lost. On all counts. The Raelians' right to freedom of expression under Article 10 of the European Convention was not absolute, the judgement noted, and could be overridden where it was considered "necessary in a democratic society" or for the protection of health and morals. Although the posters in question were fairly inoffensive - featuring images of UFOs, pyramids and extraterrestrial beings along with the address of the Raelian website - a bare majority of the court (nine votes to eight) nevertheless decided that it was proportionate for Swiss authorities to ban them. (The judgement is available on the ECtHR's website.)

The Sun's story wasn't merely inaccurate. It was the precise opposite of the truth.

A bit of background. The Raelian movement (cult, sect, religion, whatever) was established in 1976. Its founder, Claude Vorilhon - also known as Rael - claims to have been visited by aliens who imparted to him the truth about the origin and destiny of humankind. Human beings and other life-forms on earth were, he was told, neither created by God nor the product of Darwinian evolution but were rather the result of genetic engineering by extraterrestrial beings known as the Elohim. Raelians refer to this as "intelligent design for atheists".

Besides personal meetings with the Elohim, Vorilhon relied on a highly literal reading of the Bible, interpreted as an historical record of UFO contacts. For example, Noah's Ark wasn't a floating zoo but rather a spaceship which contained an extensive library of DNA samples. Jonah was rescued by a submarine. Jesus was the product of artificial insemination using the DNA of the Elohim president Yahweh, which is why he was described as the son of God. As such he had telepathic abilities, and later enjoyed access to Elohim technology, which enabled him to perform "miracles".  Claude Vorilhon himself was conceived in the same way.

Other distinctive Raelian ideas include promotion of human cloning, seen as the means by which human evolution will be taken to the next level, the building of "embassies" so that the Elohim will have someone to greet them when they return to earth, and "sensual massage", which is designed to lead to a state of bliss known as "cosmic orgasm". Raelians practise free love and lead campaigns against the Roman Catholic Church's stance on birth control. Vorilhon also advocates "geniocracy" - a system of government under which no one with an IQ less than ten percent higher than the average population would be allowed to vote, and no one with an IQ less than fifty percent higher than average would be allowed to hold public office. Raelian symbolism is also controversial because it incorporates the Swastika, which the group claims is a symbol of peace.

So yes, the Raelians have unconventional beliefs. In Sun-speak, this naturally makes them "crackpot" and "nutty". 

In the 2001 ruling that the Raelians were challenging, the canton of Neuchatel declared that the group was not protected by the principle of religious freedom because "it was to be regarded as a dangerous sect." The Swiss authorities objected in particular to the promotion of human cloning (illegal in Switzerland) and "geniocracy". They also relied on suggestions (which the Raelians deny) that the religion promoted paedophilia and sexual abuse as well as sexual allegations made in the past against members of the movement. 

The European court found that all this was sufficient to uphold the ban on the Raelian posters. The broad "margin of appreciation" allowed to member countries to restrict free speech in areas involving possible ethical or religious offence, and also in advertising. Although the posters weren't directly commercial, they were indirectly inviting recruitment and therefore might be considered as a form of advertising. As such, the Swiss authorities were perfectly free to restrict them. This is, of course, entirely contrary to the Sun's wilful misinterpretation of the case.

The court found that the ban was not disproportionate since the Raelians were still able to have a website. And of course, there was nothing stopping them from putting up their posters in places where the authorities have not banned them. Perhaps this is why The Sun felt able to lament that "the authorities are now only allowed to stop them from sticking up the images of aliens and flying saucers on public buildings." Needless to say, however, this was never the issue. On the question before the Grand Chamber, whether the authorities could ban the posters on sites for which they had responsibility, the majority decided that they could. 

The result may have implications well beyond the "crackpot cult" of the Raelians. In the UK, for example, the Advertising Standards Authority enforces a code that is notoriously restrictive in matters of "offence". It has banned adverts for such products ice-cream and mobile phones which employed satirical religious imagery, and in the run-up to the 2011 Census the British Humanist Association was forbidden from using the slogan "If you're not religious, for God's sake say so!" The ASA has been accused of not giving sufficient weight to Article 10 rights to free expression when applying the code. The Raelian case, however, suggests that Article 10 rights are fairly weak - certainly much weaker than the First Amendment of the US Constitution - and can be set aside quite easily on the vague grounds of "protection of health and morals". 

A broad application of "margin of appreciation" in Article 10 cases means that campaigners for free expression may get little comfort from Strasbourg. It's not a decision I particularly welcome, especially as the court's majority seems to have been swayed by the unconventional nature of Raelian beliefs and practices. It's true that the Raelians were only banned from putting up certain posters in certain places, but access to public space is itself an important aspect of free expression. 

As the powerful dissenting judgement stressed, Article 10 is "an essential provision" that underpins democracy and that "any restriction of that freedom must be strictly justified by a pressing social need and narrowly circumscribed by relevant and sufficient reasons." Given that the Raelians remain a legal organisation, there seems little basis to restrict them from publicising their activities.

In this case, perhaps, a little more interference from "politically correct" judges in Strasbourg in favour of a "nutty" UFO cult might have been welcome.

 

A Raelian poster from the US. Photograph: Getty Images
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Labour's establishment suspects a Momentum conspiracy - they're right

Bernie Sanders-style organisers are determined to rewire the party's machine.  

If you wanted to understand the basic dynamics of this year’s Labour leadership contest, Brighton and Hove District Labour Party is a good microcosm. On Saturday 9 July, a day before Angela Eagle was to announce her leadership bid, hundreds of members flooded into its AGM. Despite the room having a capacity of over 250, the meeting had to be held in three batches, with members forming an orderly queue. The result of the massive turnout was clear in political terms – pro-Corbyn candidates won every position on the local executive committee. 

Many in the room hailed the turnout and the result. But others claimed that some in the crowd had engaged in abuse and harassment.The national party decided that, rather than first investigate individuals, it would suspend Brighton and Hove. Add this to the national ban on local meetings and events during the leadership election, and it is easy to see why Labour seems to have an uneasy relationship with mass politics. To put it a less neutral way, the party machine is in a state of open warfare against Corbyn and his supporters.

Brighton and Hove illustrates how local activists have continued to organise – in an even more innovative and effective way than before. On Thursday 21 July, the week following the CLP’s suspension, the local Momentum group organised a mass meeting. More than 200 people showed up, with the mood defiant and pumped up.  Rather than listen to speeches, the room then became a road test for a new "campaign meetup", a more modestly titled version of the "barnstorms" used by the Bernie Sanders campaign. Activists broke up into small groups to discuss the strategy of the campaign and then even smaller groups to organise action on a very local level. By the end of the night, 20 phonebanking sessions had been planned at a branch level over the following week. 

In the past, organising inside the Labour Party was seen as a slightly cloak and dagger affair. When the Labour Party bureaucracy expelled leftwing activists in past decades, many on went further underground, organising in semi-secrecy. Now, Momentum is doing the exact opposite. 

The emphasis of the Corbyn campaign is on making its strategy, volunteer hubs and events listings as open and accessible as possible. Interactive maps will allow local activists to advertise hundreds of events, and then contact people in their area. When they gather to phonebank in they will be using a custom-built web app which will enable tens of thousands of callers to ring hundreds of thousands of numbers, from wherever they are.

As Momentum has learned to its cost, there is a trade-off between a campaign’s openness and its ability to stage manage events. But in the new politics of the Labour party, in which both the numbers of interested people and the capacity to connect with them directly are increasing exponentially, there is simply no contest. In order to win the next general election, Labour will have to master these tactics on a much bigger scale. The leadership election is the road test. 

Even many moderates seem to accept that the days of simply triangulating towards the centre and getting cozy with the Murdoch press are over. Labour needs to reach people and communities directly with an ambitious digital strategy and an army of self-organising activists. It is this kind of mass politics that delivered a "no" vote in Greece’s referendum on the terms of the Eurozone bailout last summer – defying pretty much the whole of the media, business and political establishment. 

The problem for Corbyn's challenger, Owen Smith, is that many of his backers have an open problem with this type of mass politics. Rather than investigate allegations of abuse, they have supported the suspension of CLPs. Rather than seeing the heightened emotions that come with mass mobilisations as side-effects which needs to be controlled, they have sought to joins unconnected acts of harassment, in order to smear Jeremy Corbyn. The MP Ben Bradshaw has even seemed to accuse Momentum of organising a conspiracy to physically attack Labour MPs.

The real conspiracy is much bigger than that. Hundreds of thousands of people are arriving, enthusiastic and determined, into the Labour party. These people, and their ability to convince the communities of which they are a part, threaten Britain’s political equilibrium, both the Conservatives and the Labour establishment. When the greatest hope for Labour becomes your greatest nightmare, you have good call to feel alarmed.