Wednesday, May 23, 2012

Freedom of speech

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Zapiro2Has Zapiro overstepped the line?

Does the freedom of speech include the right to deliberately offend a section of the community and knowingly ride rough shot over highly sensitive issues in an extremely diverse society such as South Africa? Do members of the offended community have the right to issue threats in response if they think the line which represents the acceptable has been overstepped? Should media professionals such as cartoonists take into account the wider national interest and security when deciding the subject matter with which they are dealing?

These are but a few of the fundamental questions facing the media and the wider South African community after the furore caused by Jonathan Shapiro (award-winning cartoonist Zapiro) with his cartoon in the latest edition of the Mail & Guardian (M&G). The cartoon depicts the prophet Mohammed on a psychiatrist couch, complaining about the lack of sense of humour among his followers.

Considering the origins of the cartoon as part of a campaign to declare 20 May Everybody Draw Mohammed Day, some commentators also question the relevance of the cartoon for South African society in the first place.

The campaign was launched in April this year after the often offensive American television animated programme South Park apparently censored an episode in which the prophet was depicted. The campaign led to angry and often inflammatory exchanges on the Web.

In the meantime, it has been reported that the American cartoonist Molly Norris, who started the campaign, has apologised for the uproar it has caused.

On the eve of the Fifa Soccer World Cup in South Africa, and amid reports of the danger of a possible terror attack by Muslim extremists during the event, the Zapiro cartoon seems to be extremely badly timed.

Over the weekend, the chairperson of the South African National Press Club (NPC) called for a meeting between Zapiro, the M&G and Muslim leaders to discuss the cartoon that has angered the Muslim community.

"The media needs to be sensitive to religious beliefs and must not marginalise any community. We need to act responsibly," said NPC chairperson Yusuf Abramjee, himself a Muslim.

"We promote freedom of speech and expression. But, let's not forget that it is not absolute. In this case, it must be weighed against religious tolerance.
"As a Muslim myself, I find it offensive and provocative,” Abramjee said, but also called on the Muslim community to be calm and not to respond with "anger, abuse or threat".
On the NewsTimes website, Michael Trapido wrote that the NPC move is likely to be controversial. “Undoubtedly, Abramjee has a point and it seems to be that Zapiro was pushing the boundaries of freedom of speech beyond where they needed to go.

"Why was it necessary for him to join in the campaign and cause offence in the first place? To show he can?
“Yet, this does leave us with the problem of hypocrisy on the part of the NPC, in that it seemed to be very tolerant when Zapiro was attacking the Jews or the churches,” he wrote.

Trapido added, however, that while Muslims have the right to be angry, “thrust of the attack on this issue must be driven by the Muslim community and not organisations like the NPC or any other institutions that are required to be neutral in dealing with the issues of the day.”

On Thursday evening last week, an urgent application for an interdict was brought by a group of Muslim jurists and scholars in an attempt to block Friday’s distribution of the M&G, which at that stage had in fact already started.

The application was rejected by South Gauteng High Court Judge Mayat, who is Muslim, on the basis that the cartoon was already in the public domain on the M&G website.
The right to respect for the religious beliefs of the Muslim community versus the right to freedom of speech as covered in Sections 15 and 16 of the Bill of Righs contained in the Constitution, among others, has application.

It would seem that the courts will need to set South African boundaries to the respective rights where they overlap.

Comments (15)
  • caucazoid  - Freedom of Speech
    Muslims(and all)have the right to object to what they consider offensive.In this case the object of offense is a drawing.The only reaction that Muslims should take is to draw attention to what has offended them.Period.
  • Heather Nelson  - confused
    If Islam or Mohammed are slighted in any way, the Islamic community issues threats and apologies are made within minutes, as 'religion is a sensitive issue'. But when movies, jokes and articles denigrating Christ are made, and if Christians object, (without accompanying threats of violence). we're labeled 'narrow minded, typically bigoted Christians'.
  • zulaikhah  - Choices We MAke
    If you do not get offended when things are said or done against You or your faith its your call.
    We hold our prophet dear to us and if we are offended then we will voice our complain.
  • caucazoid  - @ "Confused"
    "The threat is mightier than the sword".Ignore the threat,but not the sword.
  • Jean-Paul  - A world of two irreconcilable views
    Two irreconcilable views.... There should be freedom of speech. Let's say I declare a religion where the name of my God may not be written or spoken because that would imply that we have the arrogance of even vaguely know something about her. A non-believer has the right to print that name, poke fun at my God, and I should under no circumstances be allowed to threaten said person with violence.
    On the other hand, if I publicly call your mother a whore because she has remarried once, and your wife a slut because you had sex before marriage, would you not be insulted? Similarly, if you express your right to freedom of speech, in the first case, you may deeply hurt (and possibly anger) me, regardless of the (il)rational nature of my beliefs.
    In this case, the actual cartoon shows that Zapiro didn't quite get it: it actually has nothing to do with whether muslims have a sense of humour or not. Luckily, it seems that 99% muslims, although many of them are very hurt and, possibly, angry, are willing to sacrifice their own feelings for the sake of the freedom invoked by him. I wish Zapiro fully understood the anger. Being an atheist myself, I must admit I have no time or space for religious zealots or fanatics - muslim or christian. A
    lthough initially I was fervently in favour of Zapiro (our greatest cartoonist ever), I have slowly come to see the other side's view too and I am much more divided now than ever on this particular instance, mainly because of the largely much more mature response from the Muslim community. Freedom does mean that you also know when to exercise control. It's not because it is legal that it is moral (or vice versa).
  • SA Amann  - @Jean Paul
    Please explain in english what could possibly anger a group that spends most of their time belittling other religions. What is so offensive about the catoon in the first place?
  • From a distance  - Zipiro = Malema
    I do believe that zapiro is no different to Julius Malema by saying things to create unrest within the country. Malema sings Kill the boer song & Zapiri drew an offensive cartoon.
  • J
    It is an interesting point you are raising because it highlights the very difference between freedom of speech and incitement to violence.
    When Malema says "Kill the boer", he is *literally* inciting people to commit murder against a minority: this is incitement to violence and it is illegal. When Zapiro draws Muhammed, he is not, in any way, calling for violence: this is freedom of speech. You could only compare Zapiro to Malema if Zapiro would have drawn, for instance, a group of muslims being killed with the label "The way to go", now that is -and should be- illegal, but you will agree that it is very far from the drawing he made.
  • caucazoid  - Defence of Religion
    It is rediculous to suppose that some insignicant human being(s)need to defend an all mighty God.Religious are defending their ego's.and that is the real problem.
  • SA Amann  - Sense of humour
    So really do these guys have a sense of humor???
    I think not.
    So what did Zapiro do wrong? Call a spade a spade period.
  • Jay Johnson  - Ridiculous
    The cartoon is labeled as offensive because everybody knows that some Muslims are very capable of inflicting significant violence on those that offend them. The lesson to be learned is that Western liberalism will compromise its own values, such as freedom of speech, in order to accommodate and promote multiculturalism. Buckling under such threats of violence teaches young people that violence can produce the desired results.
  • James Mashele  - Freedom of speech
    As the Monty Python representatives declared on TV when taken to task by a Catholic bishop for the movie "Life of Brian" - "nothing is above satire" and these persons who use religion to attempt to impose their will on the majority may be likened to the Nazi minority who also used the threat of imminent violence to eventually dominate the German society.
    It took a global war to bring the Axis to their senses! I trust we don't need to go as far as that this time around.
    Please, someone, please explain why is it that some members of the Islamic community fosters these "outrageous" events while even the most militant of any other religion - take your pick - shies away from these "violent" acts? What is it about this Islam that makes a minority feel that they are going about their religious matters in the correct way, that fanaticism is the "answer" to whatever the question is?
    I am concerned that "terror" instead of "intellectual exchange" is being used to shape the public attitude and this cycle just breeds an even more reactionary response from the "victim".
    If, dear reader, you have a serious response to my inquiry kindly direct it to me
    Cheers,
    James
  • James Mashele  - Freedom of speech
    Whoops! The fat finger strikes again! 'Pologies!
    Kindly direct your response to the above to this comment and our host undertakes to ensure that I receive a copy thereof.
    Cheers, James
  • Viktor
    There are far too many 'offendables' in SA and the world -- Afrikaners, 'whites', 'blacks', Muslims,.. and too many of the self-proclaimed representatives of such groups have a lot of access to power of different kinds - Money, Terror, Political Power, Corporate Power...
    Satire and humour is the sole 'power' of those people that have limited access to these resources -- hence I politely suggest that we ALL do indeed get a sense of humour!!

    Have you noticed caricatures of Gautama Buddha in every cheesy ornament shop? Have you heard of Buddhists protesting against these? No, the Buddhist texts specifically encourage not taking things tooo seriously. It is noteworthy that adherents of this philosophy have never committed genocide or acts of terror... ;-)
  • patrick Linden  - yes of course
    Yes of course, Freedom of Speech is only interesting as a right when concerning provacative and offensive claims, otherwise it's nothing.
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