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

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The most terrifying thing about Donald Trump's speech? What he didn't say

No politician uses official speeches to put across their most controversial ideas. But Donald Trump's are not hard to find. 

As Donald Trump took the podium on a cold Washington day to deliver his inauguration speech, the world held its breath. Viewers hunched over televisions or internet streaming services watched Trump mouth “thank you” to the camera, no doubt wondering how he could possibly live up to his deranged late-night Twitter persona. In newsrooms across America, reporters unsure when they might next get access to a president who seems to delight in denying them the right to ask questions got ready to parse his words for any clue as to what was to come. Some, deciding they couldn’t bear to watch, studiously busied themselves with other things.

But when the moment came, Trump’s speech was uncharacteristically professional – at least compared to his previous performances. The fractured, repetitive grammar that marks many of his off-the-cuff statements was missing, and so, too, were most of his most controversial policy ideas.

Trump told the crowd that his presidency would “determine the course of America, and the world, for many, many years to come” before expressing his gratefulness to President Barack Obama and Michelle Obama for their “gracious aid” during the transition. “They have been magnificent," Trump said, before leading applause of thanks from the crowd.

If this opening was innocent enough, however, it all changed in the next breath. The new president moved quickly to the “historic movement”, “the likes of which the world has never seen before”, that elected him President. Following the small-state rhetoric of his campaign, Trump promised to take power from the “establishment” and restore it to the American people. “This moment," he told them, “Is your moment. It belongs to you.”

A good deal of the speech was given over to re-iterating his nationalist positions while also making repeated references to the key issues – “Islamic terrorism” and families – that remain points of commonality within the fractured Republican GOP.

The loss of business to overseas producers was blamed for “destroying our jobs”. “Protection," Trump said, “Will lead to great strength." He promised to end what he called the “American carnage” caused by drugs and crime.

“From this day forward," Trump said, “It’s going to be only America first."

There was plenty in the speech, then, that should worry viewers, particularly if you read Trump’s promises to make America “unstoppable” so it can “win” again in light of his recent tweets about China

But it was the things Trump didn't mention that should worry us most. Trump, we know, doesn’t use official channels to communicate his most troubling ideas. From bizarre television interviews to his upsetting and offensive rallies and, of course, the infamous tweets, the new President is inclined to fling his thoughts into the world as and when he sees fit, not on the occasions when he’s required to address the nation (see, also, his anodyne acceptance speech).

It’s important to remember that Trump’s administration wins when it makes itself seem as innocent as possible. During the speech, I was reminded of my colleague Helen Lewis’ recent thoughts on the “gaslighter-in-chief”, reflecting on Trump’s lying claim that he never mocked a disabled reporter. “Now we can see," she wrote, “A false narrative being built in real time, tweet by tweet."

Saying things that are untrue isn’t the only way of lying – it is also possible to lie by omission.

There has been much discussion as to whether Trump will soften after he becomes president. All the things this speech did not mention were designed to keep us guessing about many of the President’s most controversial promises.

Trump did not mention his proposed ban on Muslims entering the US, nor the wall he insists he will erect between America and Mexico (which he maintains the latter will pay for). He maintained a polite coolness towards the former President and avoiding any discussion of alleged cuts to anti-domestic violence programs and abortion regulations. Why? Trump wanted to leave viewers unsure as to whether he actually intends to carry through on his election rhetoric.

To understand what Trump is capable of, therefore, it is best not to look to his speeches on a global stage, but to the promises he makes to his allies. So when the President’s personal website still insists he will build a wall, end catch-and-release, suspend immigration from “terror-prone regions” “where adequate screening cannot occur”; when, despite saying he understands only 3 per cent of Planned Parenthood services relate to abortion and that “millions” of women are helped by their cancer screening, he plans to defund Planned Parenthood; when the president says he will remove gun-free zones around schools “on his first day” - believe him.  

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland