Monday, October 26, 2009
More trouble for freedom of expression
Slowly the light of freedom flickers and will soon be all but extinguished in the western world. The EU is very close to promulgating an anti-discrimination law which will bind all member nations, according to The Brussels Journal.
Just as the notorious Section 13 of Canada’s Human Rights Act has been used to criminalize free speech and has proven to more a sword than a shield, this EU law contains many of the same failings. The definition of harm is so broad that all sorts of expression will become subject to prosecution and the defendant will have to prove that the plaintiff was not “harassed” by statements attributed to the defendant, a virtually impossible defense to mount.
To be charged under this law will amount to being guilty of the offense. That has been Canada’s judicial experience and there is no reason to think it will be different in the EU.