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:

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: His personal biography can be viewed here:

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How the shadow cabinet forced Jeremy Corbyn not to change Labour policy on Syria air strikes

Frontbenchers made it clear that they "would not leave the room" until the leader backed down. 

Jeremy Corbyn had been forced to back down once before the start of today's shadow cabinet meeting on Syria, offering Labour MPs a free vote on air strikes against Isis. By the end of the two-hour gathering, he had backed down twice.

At the start of the meeting, Corbyn's office briefed the Guardian that while a free vote would be held, party policy would be changed to oppose military action - an attempt to claim partial victory. But shadow cabinet members, led by Andy Burnham, argued that this was "unacceptable" and an attempt to divide MPs from members. Burnham, who is not persuaded by the case for air strikes, warned that colleagues who voted against the party's proposed position would be "thrown to the wolves". The vote would be free in name only. 

Jon Ashworth, the shadow minister without portfolio and NEC member, said that Labour's policy should remain the motion passed by this year's conference, which is open to competing interpretations (though most believe the tests set for military action have been met). Party policy could not be changed without going through a similarly formal process, he argued. In advance of the meeting, Labour released a poll of members (based on an "initial sample" of 1,900) showing that 75 per cent opposed intervention, regarded by some as an attempt to bounce the party into opposing air strikes, 

When Corbyn's team suggested that the issue be resolved after the meeting, those present made it clear that they "would not leave the room" until the Labour leader had backed down. By the end, only Corbyn ally Diane Abbott argued that party policy should be changed to oppose military action. John McDonnell, who has long argued for a free vote, took a more "conciliatory" approach, I'm told. It was when Hilary Benn said that he would be prepared to speak from the backbenches in the Syria debate, in order to avoid opposing party policy, that Corbyn realised he would have to give way. The Labour leader and the shadow foreign secretary will now advocate opposing positions from the frontbench when MPs meet, with Corbyn opening and Benn closing. 

The meeting had begun with members, including some who reject military action, complaining about the "discorteous" and "deplorable" manner in which the issue had been handled. As I reported last week, there was outrage when Corbyn wrote to MPs opposing air strikes without first informing the shadow cabinet (I'm told that my account of that meeting was also raised). There was anger today when, at 2:07pm, seven minutes after the meeting began, some members received an update on their phones from the Guardian revealing that a free vote would be held but that party policy would be changed to oppose military action."It's already on Twitter," said one shadow cabinet minister. Corbyn responded by telling members to stop tweeting from the room only to be informed, to his surprise, that the briefing originated from his office. This "farcical moment", in the words of one present, only hardened shadow cabinet members' resolve to force their leader to back down - and he did. 

With Labour MPs guaranteed a free vote on air strikes, David Cameron is all but certain to achieve the "clear majority" for military action that he wants. 

In a statement released following the meeting, a Corbyn spokesperson confirmed that a free vote would be held but made no reference to party policy: 

"Today's Shadow Cabinet agreed to back Jeremy Corbyn's recommendation of a free vote on the Government's proposal to authorise UK bombing in Syria.   

"The Shadow Cabinet decided to support the call for David Cameron to step back from the rush to war and hold a full two day debate in the House of Commons on such a crucial national decision.  

"Shadow Cabinet members agreed to call David Cameron to account on the unanswered questions raised by his case for bombing: including how it would accelerate a negotiated settlement of the Syrian civil war; what ground troops would take territory evacuated by ISIS; military co-ordination and strategy; the refugee crisis and the imperative to cut-off of supplies to ISIS."

George Eaton is political editor of the New Statesman.