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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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.