Gay Free Zone conviction is disturbing

Why did a few anti-gay stickers in East London provoke an outcry by gay groups, while far worse homo

The negligible media coverage of Mohammed Hasnath's conviction is rather surprising. His case has since prompted explosive claims of judicial
homophobia, the criminalisation of free speech and the failure of the lesbian, gay, bisexual and transgender (LGBT) communities to challenge Islamist homophobia.

Hasnath, aged 18, was found guilty of posting homophobic stickers in London's East End. The stickers declared the area a "Gay Free Zone" and
advised: "Arise and warn...And fear Allah: Verily Allah is severe in punishment."

These stickers were wrong and clearly motivated by homophobic prejudice. Such prejudice - indeed all prejudice - needs to be challenged.

Disturbingly, it appears that Hasnath has fundamentalist sympathies. On his Facebook page he lists Sheikh Khalid Yasin as one of his interests:

Yasin is on record as abusing "homosexuals" and saying they should be put to death.

There are, however, several troubling aspects to Hasnath's conviction.

He was fined a mere £100. If the stickers had declared East London a Jewish, black, Catholic or Muslim free zone Hasnath would have been almost certainl convicted of a racially or religiously aggravated hate crime and jailed. Why the leniency? Why the double standards? It looks like judicial homophobia.

Hasnath is an easy, convenient scapegoat. He was a lowly foot soldier. There is no evidence that he organised the Gay Free Zone campaign. The slow, secretive police investigation did not inspire confidence. Officers failed to apprehend the master-minds who produced the stickers and then distributed them to people like Hasnath. They've got away with it.

Hasnath was convicted using a discredited, authoritarian law, Section 5 of the Public Order Act 1986, which has been used repeatedly to suppress
peaceful, legitimate protests by human rights defenders, including LGBT campaigners.

This is what happened to members of OutRage! when six of us protested against 6,000 members the Islamist group, Hizb ut Tahrir, outside their mass rally at Wembley Arena in 1994.

They called for the killing of gays, apostates, Jews and unchaste women. They were not arrested but we were. Our crime? Displaying placards that
condemned Hizb ut Tahrir's incitement to murder. Although our placards did nothing more than factually expose the fundamentalist's violent homophobic agenda, it was deemed that they were distressing and offensive.

Section 5 is draconian and sweeping. It prohibits behaviour likely to cause "harassment, alarm or distress". Yes, even causing mere distress to
faint-hearts is now a crime.

This law can be abused to criminalise almost any words or actions. Campaigns against religious homophobia, like the OutRage! protest at Wembley, have many times resulted in LGBT activists being arrested under Section 5 for causing distress to homophobes and their religious supporters. We should not be rejoicing that the court used against Hasnath a harsh law that has so often been used unjustly against us. There is other, more credible, legislation that could have been used to bring him to justice.

The court's ruling in the Hasnath case broadens the criminalising nature of Section 5. Well meaning District Judge Jeremy Coleman said: "I think you used these stickers deliberately to offend and distress people, you certainly succeeded in doing that....You have upset people and they deserve an apology, you are not entitled to behave in this way."

The judge suggested that not only is causing distress a crime, but so is offending people and making them upset. Causing upset is, in my view, a much too low threshold for criminalisation. After all, almost anything that anyone says or does has the potential to cause someone upset, including
teaching evolution, advocating abortion and suggesting that religion is a form of superstition.

Under Judge Coleman's particularly wide interpretation and application of Section 5, most of the population are criminals. If we accept that causing
upset should be illegal, as he implied at the Hasnath hearing, we risk closing down free and open debate and criminalising all manner of dissentingopinions and alternative lifestyles that some people might find upsetting.

Freedom of expression is one of the most important of all human rights. It should be only restricted in extreme and very limited circumstances. The
open exchange of ideas - including unpalatable ideas - is a hallmark of a free and democratic society. There is no right to be not distressed, upset
or offended. Some of the most profound ideas in history - such as those of Galileo Galilei and Charles Darwin - caused great distress and offence in
their time. While bigoted opinions should always be challenged, in most instances only explicit incitements to violence and damaging libels (such as false allegations of tax fraud or child abuse) should be criminalised.

Moreover, why did the Hasnath stickers provoke howls of rage from the LGBT community, when far worse homophobia in the same area of East London stirred hardly a murmur of protest? I don't recall any campaigns by LGBT groups or anti-fascist organisations in response to the wave of horrific queer-bashing attacks in the East End. Surely this actual physical violence - which left at least one gay man permanently disabled - is much more deserving of protests than a few stickers? Where is the LGBT outcry over homophobic assaults?

Nor can I remember any protests when the East London Mosque / London Muslim Centre hosted a series of virulently homophobic speakers, including Uthman Lateef and Abdul Karim Hattim. The latter gave lecturers in which he invited young Muslims to "Spot the Fag." Watch here.

The East London Mosque / London Muslim Centre helped create the atmosphere of hatred that has poisoned the minds of many Muslim youths, probably including Hasnath who worshipped there. They have never apologised for hosting homophobic hate preachers and have never given any assurances that they will not host them again in the future. Apart from OutRage!, no LGBT groups have publicly demanded that they do so. Why the silence from LGBT organisations that are supposedly dedicated to fighting homophobia?

Equally, there were no protests when Abdul Muhid openly incited the murder of gay people in East London and when the Crown Prosecution Service refused to bring him to trial. In my opinion, encouraging murder is many times more serious and dangerous than calling for a Gay Free Zone. Again, no protests by LGBT groups.

When OutRage! stood alone in challenging Muhid and the East London Mosque /London Muslim Centre we were denounced by some people as racists andIslamophobes. This is nonsense. We never attacked anyone because of their race or religion. We condemned their homophobia, in the same way that wecondemn the homophobic bigotry of fundamentalists of all faiths.

Many LGBT campaigners are now terrified of similar false, malicious allegations of racism or Islamophobia. To avoid such smears, they shy away
from robust responses to homophobia when it comes from religious and racial minorities. This inaction is de facto collusion with homophobia.

For information about Peter Tatchell's human rights campaigns and to make a donation: www.petertatchell.net

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

ELLIE FOREMAN-PECK FOR NEW STATESMAN
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Notes from a crime scene: what Seymour Hersh knows

Xan Rice meets the tireless Seymour Hersh to talk My Lai, pricey coffee and Bin Laden.

It’s late on a lazy Wednesday afternoon when Seymour Hersh comes bounding down the stairs. “Let’s find somewhere to sit,” the American investigative journalist says, striding over to the café area of the hotel in Bloomsbury where we meet.

Not quiet enough, Hersh decides, and he marches into an adjoining branch of Steak & Lobster, past a startled waiter who tries to explain that the restaurant isn’t open yet. “He’ll have a coffee,” Hersh tells the man laying the tables, gesturing in my direction. When the drink arrives, he remarks that, at £4.39, it’s the most expensive coffee he has bought in some time.

“I’m older and crankier than [Bernie] Sanders,” the 79-year-old says with a smile, leaning back in his seat, his tie loose and his top button undone. Hersh’s many notable stories include the My Lai Massacre and cover-up in Vietnam, which he exposed in 1969, and the Abu Ghraib prison scandal during the Iraq War. He’s in good health, relishing his speaking tour of London to promote his new book, The Killing of Osama Bin Laden, and hearing “how wonderful I am”.

“I come home from a trip like this,” he says, “and my wife can’t stand me. She says, ‘Get away, I don’t want to talk to you because you want everybody to bow and scrape.’”

Hersh never planned to be a journalist. After he was thrown out of law school for poor grades in 1959, he heard about an opening for a police reporter at a small news agency in Chicago. “I was reasonably coherent and could walk in a straight line, so they hired me,” he explains. Hersh learned on the job, covering his beat with a zeal that did not always impress his editors, one of whom liked to address him, without fondness, as “my good, dear, energetic Mr Hersh”.

“He saw me as a bleeding heart,” Hersh says, “who cared about people ‘of the Negro persuasion’ dying.”

Half a century later, he cannot say exactly what drove him to become an investigative reporter. “What defect did I have in my life that made me want to make everyone else look bad?” he wonders. “I almost viewed myself like a public defender: my job was to be there on the scene of a crime and to write about it in such a way that the police could not have the only call.”

Later, as his range widened, Hersh came to see his role as keeping in check “the nincompoops and criminals and fools running the world”.

He had been a journalist for ten years when he received a tip-off about an army officer being court-martialled for killing civilians in Vietnam. After investigating, he broke the story of the massacre at My Lai, in which a group of US soldiers murdered at least 347 people. The work earned him a Pulitzer Prize and soon afterwards he wrote his first piece for the prestigious New Yorker magazine. After sending in a draft, he was told that it would be read by the editor, William Shawn, and that he would receive a proof copy in the mail.

“Seven days later, the envelope comes and I’m terrified,” he recalls. “It was a writer’s magazine and any change they wanted, they asked you about. On the third page, I had some cliché or figure of speech. It was circled and in
the margin Mr Shawn had written: ‘Mr Hersh. Pls use words.’ I had a one-year course, a Master’s degree in journalism, in one sentence!”

Hersh has written regularly for the New Yorker over the years, though the relationship has recently come under strain. After researching the death of Osama Bin Laden, he became convinced that the Obama administration’s account of what happened before, during and after the raid in which Bin Laden was killed was a lie. He argued that the al-Qaeda leader had been captured by Pakistani intelligence in 2006 and held in Abbottabad until the US navy Seals operation five years later, which, Hersh claimed, was conducted with Pakistan’s assistance – rather than being a daring mission into hostile territory.

The New Yorker declined to run the story, so Hersh wrote it for the London Review of Books, which published it last year. The piece was read widely but attracted criticism from some American journalists who argued that it relied too heavily on a single, unnamed source and veered dangerously in the direction of conspiracy theories. Hersh is convinced that his version is correct and makes no apologies.

“I remember saying to my wife, ‘Don’t [these journalists] have mothers that tell them what to do better?’ . . . They insisted what they knew, what they wrote, had to be the story.”

Hersh’s mistrust of the official line is undiminished. His new book also questions whether it really was the Assad regime that carried out the chemical attacks in Ghouta, Syria, in 2013. Even the culprits of the recent Paris and Brussels massacres are not beyond doubt. “I don’t think Isis had a goddam thing to do with these kids,” he says. “The truth is, I don’t have any idea. I’m just telling you, heuristically, it’s an idea I would pursue if I was still a reporter.”

There is more to tell but Hersh has another interview. “Talk to me tomorrow,” he says, running back upstairs to collect his coat. “I’ll be around. I still have a lot of energy.” 

Xan Rice is Features Editor at the New Statesman.

This article first appeared in the 28 April 2016 issue of the New Statesman, The new fascism