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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How to end the Gulf stand off? The West should tell Qatar to reform its foreign policy

Former defence secretary Geoff Hoon on the unfolding crisis in the Gulf. 

Only one group stands to benefit from a continuation of the crisis in Gulf: The Quartet, as they are now being called. Last week, The United Arab Emirates foreign minister tweeted that Qatar and its Gulf Cooperation Council neighbours are heading for a "long estrangement". We should take him at his word.

The European political establishment has been quick to dismiss the boycott by Saudi Arabia, the UAE, Bahrain and Egypt as naïve, and a strategic mistake. The received wisdom now is that they have acted impulsively, and that any payoff will be inescapably pyrrhic. I’m not so sure.

Another view: Qatar is determined to stand up to its Gulf neighbours

Jean-Yves Le Drian, France's foreign minister, was in the region over the weekend to see if he could relay some of his boss’s diplomatic momentum. He has offered to help mediate with Kuwait, clearly in the belief that this is the perfect opportunity to elevate France back to the top table. But if President Emmanuel Macron thinks this one will be as straightforward as a Donald Trump handshake, he should know that European charm doesn’t function as well in the 45 degree desert heat (even if some people call him the Sun King).

Western mediation has so far proceeded on the assumption that both sides privately know they will suffer if this conflict drags on. The US secretary of state Rex Tillerson judged that a Qatari commitment to further counter-terrorism measures might provide sufficient justification for a noble reversal. But he perhaps underestimates the seriousness of the challenge being made to Qatar. This is not some poorly-judged attempt to steal a quick diplomatic win over an inferior neighbour.

Qatar’s foreign policy is of direct and existential concern to the other governments in the Gulf. They will not let Qatar off the hook. And even more than that, why should they? Qatar has enormous diplomatic and commercial clout for its size, but that would evaporate in an instant if companies and governments were forced to choose between Doha and the Quartet, whose combined GDP is almost ten times that of their former ally. Iran, Turkey and Russia might stay on side. But Qatar would lose the US and Europe, where most of its soft power has been developed. Qatar’s success has been dependent on its ability to play both sides. If it loses that privilege, as it would in the event of an interminable cold war in the Gulf, then the curtains could come down.

Which is why, if they wanted to badly enough, Le Drian and Tillerson could end this conflict tomorrow. Qatar’s foreign policy has been concerning for the past decade. It has backed virtually every losing side in the Arab world, and caused a significant amount of destruction in the process. In Syria, Libya, Egypt and Yemen, Qatar has turned a blind eye to the funding of Islamic revolutionaries with the financial muscle to topple incumbent regimes. Its motives are clear; influence over the emergent republics, as it had in Egypt for a year under Mohamed Morsi. But as we review the success of this policy from the perspective of 2017, it seems clear that all that has been achieved is a combination of civil unrest and civil war. The experiment has failed.

Moreover, the Coalition is not going to lift sanctions until Doha suspends its support for the Muslim Brotherhood. When Western leaders survey the Gulf and consider who they should support, they observe two things: firstly, that the foreign policy of the Quartet is much more aligned with their own (it doesn’t seem likely to me that any European or American company would prefer to see a revolution in Dubai instead of a continuation of the present arrangement), and secondly, that Qatar would fold immediately if they applied any significant pressure. The Al Thani ruling family has bet its fortune and power on trans-Atlantic support; it is simply not credible that they would turn to the West’s enemies in the event that an ultimatum was issued. Doha might even welcome an excuse to pause its costly and ineffective programmes. Even if that involves some short term embarrassment. It is hardly going to lose support at home, with the highest GDP per capita in the world.

It would be necessary to make sure that the Coalition understands that it will have to pay a price for decisive Western intervention. The world will be a more dangerous place if our allies get the impression they can freely bully any smaller rival, knowing that the West will always come down on their side. That is however no great hurdle to action; it might even be a positive thing if we can at the same time negotiate greater contributions to counter-terrorism or refugee funding.

Unfortunately the reason why none of this is likely to happen is partly that the West has lost a lot of confidence in its ability to resolve issues in the Middle East since 2003, and partly because it fears for its interests in Doha and the handsome Qatari contributions in Western capitals. This cautious assessment is wrong and will be more harmful to Qatar and the aforementioned interests. The Quartet has no incentive to relent, it can’t afford to and will profit from commercial uncertainty in Doha the longer this drags on. If the West really wants this to end now, it must tell Qatar to reform its foreign policy or face sanctions from a more threatening ally.

Geoffrey Hoon was the UK defence secretary from 1999 to 2005.