Banning the anti-gay bus advert is wrong. Free speech trumps offensiveness

In a free society there is no right to not be offended, and the right to free speech extends to those with whom we disagree, too.

 

The High Court violated an important principle of free of expression when it ruled today that Transport for London was justified in banning "ex-gay’ adverts on London buses.

The decision has been welcome by the gay lobby group Stonewall, but not by me.

I agree that the bus adverts - promoted and defended by fringe Christian groups - were homophobic and offensive. They insinuated that gay people can be cured of their homosexuality. This is untrue and misleading. However, the language of the adverts was not abusive, menacing or threatening.  

On balance, on the grounds of free speech, the adverts should not have been banned. 

In her ruling, the judge, Justice Lang, seemed to accept the suggestion that the wording risked increasing public prejudice and hate crime. This is doubtful. 

The banned adverts on London buses read: "Not Gay! Ex-Gay, Post-Gay and Proud. Get over it!"

The advert wording was not intemperate or inflammatory. It was wrong but polite. It was not stated in terms that would easily excite hostility towards lesbian, gay, bisexual and transgender (LGBT) people.

The organisation that placed the adverts, Core Issues Trust, promotes the false idea that gay people can turn straight.

However, the adverts did not directly make this claim.

I disagree with the gay conversion therapies of the Core Issues Trust. I think they cause harm. They delude vulnerable LGBT people and give them false hope that they can change their sexual orientation. The ex-gay prospectus is false.

I have recently challenged the ideas and methodology of the Core Issues Trust, and will continue to do so - using reason, logic and empirical evidence to refute their claims.

Core Issues Trust is hypocritical. It would never demand or defend a similar message directed at the black, Jewish or disabled communities, urging them to disavow their identity and heritage. Such a message would rightly provoke public outrage. So why are the Core Issues Trust and their Christian fundamentalist supporters - like Christian Concern and the Christian Legal Centre - pushing this message to the LGBT community? It looks two-faced.

Justice Lang made her decision to uphold the advert ban on the grounds that they were gravely offensive to gay people. She is right. They are offensive but being offensive is not a legitimate basis for banning anything.

In a free society there is no right to not be offended. Almost anything that anyone says can potentially be deemed offensive by someone. The law should not cater to the sensitivities of any section of the public. If it did, many adverts, plays, books and films would be banned.

Given that Transport for London allowed Stonewall’s advert - "Some people are gay. Get over it!" - it seems double standards to ban the counter message of the Core Issues Trust.

Banning these adverts reminds me of the bad old days when gay advertisements were banned on the grounds that they were offensive. For decades, LGBT helplines, youth groups and campaign organisations faced bans on advertising their services.

It is not right for the LGBT community to turn around and adopt the oppressive, anti-free speech tactics of our past oppressors.

>Free speech is one of the most important of all human rights. It should only be limited in extreme circumstances, such as when people abuse it to incite violence or harass and intimidate others.

Free speech is for everyone - even those with whom we disagree.

Peter Tatchell is the director of the Peter Tatchell Foundation

London buses passing through Trafalgar Square. Photograph: Getty Images

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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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.