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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Why orphanages are not the answer to Hurricane Matthew’s devastation

For this year’s New Statesman Christmas charity campaign, we are supporting the work of Lumos in Haiti.

Two weeks after Hurricane Matthew made landfall, I found myself driving along the Haitian coast, 40 miles north of Port-Au-Prince. The storm had barely impacted this part of the country when it hit in early October. There were a few days of rain, some felled trees, and locals complained that water ate away at the beachfront. But nothing remotely comparable to the devastation in other parts of the country.

In an odd turn of events, I found myself traveling in this relatively untouched central zone with two young American women – missionaries. “And there’s an orphanage,” one pointed out as we zoomed by. “And here’s another one too,” the other said, just on the opposite side of the road. They counted them like a memory game: remembering where they’ve popped up, their names, how many children are housed within their walls.

The young women spoke of the neglect and abuse they witnessed in some of them. No matter how “good” an orphanage might be, it simply cannot replace the love, attention, and security provided by a safe family environment. “And it doesn’t matter if the kids look OK. It doesn’t mean anything. You know it’s not right,” the younger of the two quietly says. She was a volunteer in one that cared for 50 children at the time. “Most people who live and work in Haiti don’t like the orphanage system. We keep getting them because of Americans who want to help but don’t live in Haiti.”

In the quick mile of road that we covered, they identified nine orphanages. Two of the orphanages housed less than 10 children, six averaged around 40 children. One housed over 200 children. All but one was set up in the months following the 2010 earthquake. There was a significant increase in the number of orphanages across Haiti in the next four years.

The institutionalisation of children is still the go-to response of many Western donors. US funders have a quick and relatively cheap access to Haiti, not to mention an established history of support to orphanages with nearly seven years’ investment since the earthquake. Many local actors and organisations, international NGO staff, and others in the child protection sphere share the same fear: that many new orphanages will crop up post-hurricane.

But it’s not just orphanage donors who do not understand the true impact of their interventions. Humanitarian relief workers have a gap in institutional knowledge when it comes to best practice in emergency response for this particular vulnerable group of children.

Nearly two months on from the hurricane, rain and flooding continue to hamper humanitarian relief efforts in the south of Haiti. Over 806,000 people still need urgent food assistance and 750,000 safe water, and 220,000 boys and girls remain are at risk, requiring immediate protection. But what about the virtually invisible and uncounted children in orphanages? These children cannot line up to receive the food aid at relief agency distribution centers. They cannot take advantage of child-friendly spaces or other humanitarian services.

We must find a way of reaching children in orphanages in an emergency, and bring their situations up to an acceptable standard of care. They have the right to clean water, food, medical attention, education, and safe shelter – like all other children. But therein lies the catch: orphanages cannot just be rehabilitated into perceived best options for vulnerable families. A balance must be struck to care for institutionalised children in the interim, until family tracing and reunification can occur. Simultaneously, families must be strengthened so that they do not see orphanages as the only option for their children.

We know that nine orphanages per mile does not equal a good emergency response. Housing children along an isolated strip of road segregates them from their families and communities, and violates their best interests and their human rights.

Since I visited Haiti last, Lumos, in partnership with the Haitian government and local partners, has documented over 1,400 children in 20 orphanages in the hurricane-affected South. Vulnerable families have been strengthened in efforts to avoid separation, and we are working with the government to ensure that no new children are placed in orphanages.

We are all worried that, without concerted messaging, efforts to raise awareness among donors, relief agencies, and families, the orphanage boom will happen again in Haiti. And though Haiti is susceptible to natural disaster, its families and children shouldn’t have to be. In seven years we cannot find ourselves repeating the same sorry mantra: “and there’s another orphanage, and another, and another. . .”

Jamie Vernaelde is a researcher with Lumos, based in Washington, DC. Follow her on Twitter: @jmvernaelde

This December, the New Statesman is joining with Lumos to raise money to help institutionalised children in Haiti return to family life. In the wake of Hurricane Matthew, funds are needed to help those who have become separated from their families. Please consider pledging your support at http://bit.ly/lumosns

Thanks to Lumos’s 100 per cent pledge, every penny of your donation goes straight to the programme. For more information, see: http://wearelumos.org