[Reader-list] Re: Muhammad Cartoons

[Joe Athialy]

Amnesty International India
C 161, 4th Floor, Hemkunt House,
Gautam Nagar, (Behind Indian Oil Building)
New Delhi - 110 049
Phone: 91--11--51642501 / 26854763
Telefax: 91--11--26510202
---------------------------------

Public Statement | 8 February 2006

Freedom of speech carries responsibilities for all

Events of recent weeks have highlighted the difficult question of what
should be the legitimate scope of freedom of expression in culturally
diverse societies.

While different societies have drawn the boundaries of free speech in
different ways, the cartoon controversy shows how, in today's increasingly
global media space, the impact of actions in one country can be felt way
beyond its borders. Today, more than ever, societies are faced with the
challenge of asserting universal human rights principles in an area where
there has traditionally been a tendency to defer to the domestic laws of a
particular state and the values they enshrine.

Set against the backdrop of the rising climate of intolerance and suspicion
between religious and other communities in many parts of the world,
including in Europe, two conflicting sets of principles are being advanced
in this controversy.

Newspaper editors have justified the publication of cartoons that many
Muslims have regarded as insulting, arguing that freedom of artistic
expression and critique of opinions and beliefs are essential in a pluralist
and democratic society. On the other hand, Muslims in numerous countries
have found the cartoons to be deeply offensive to their religious beliefs
and an abuse of freedom of speech. In a number of cases, protests against
the cartoons have degenerated into acts of physical violence, while public
statements by some protestors and community leaders have been seen as
fanning the flames of hostility and violence.

The right to freedom of opinion and expression should be one of the
cornerstones of any society. This right includes "the freedom to hold
opinions without interference and to seek, receive and impart information
and ideas through any media, regardless of frontiers" (Universal Declaration
of Human Rights, Article 19). For more than forty years, Amnesty
International (AI) has defended this right against attempts by governments
across the globe to stifle religious dissent, political opposition and
artistic creativity.

However, the right to freedom of expression is not absolute -- neither for
the creators of material nor their critics. It carries responsibilities and
it may, therefore, be subject to restrictions in the name of safeguarding
the rights of others. In particular, any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or
violence cannot be considered legitimate exercise of freedom of expression.
Under international standards, such "hate speech" should be prohibited by
law.

AI calls on the government officials and those responsible for law
enforcement and the administration of justice to be guided by these human
rights principles in their handling of the current situation.

AI also calls on those working in the media to act with sensitivity and
responsibility so as not to exacerbate the current situation. This incident
highlights the power and reach of the media and AI calls on those in the
media to apply greater political judgement, taking into account the
potential impact of their output and the range of often competing human
rights considerations involved.

While AI recognises the right of anyone to peacefully express their opinion,
including through peaceful protests, the use and threat of violence is
unacceptable. Community leaders must do everything in their power to defuse
the current atmosphere of hostility and violence. Culture and religion are
of central importance to many people's lives, but they cannot be used as an
excuse to abuse human rights.

//end//
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