Tuesday, March 29, 2011

Freedom of Speech. But Not Really.

Article 19 of Kenya's new Constitution and its Universal Declaration of Human Rights is supposed to guarantee freedom of the media and expression.  EXCEPT, it does not apply to speech that is:
  • Propaganda for war
  • Incitement to violence
  • Hate speech or advocacy for hatred that constitutes ethnic incitement
  • Vilification of others
  • Based on any ground of discrimination
Wait a minute. 

The war and incitement to violence exceptions are similar to those we have in the U.S., but who decides if something I say is "hate speech," or "vilifies" someone else, much less is directed toward "any ground of discrmination."  Especially with a judiciary and a police force that is largely unaccountable, the exceptions appear fraught with peril for those who disagree with the status quo, or don't express themselves in a subjectively appropriate way.  Those are the very things freedom of speech should be calculated to eliminate as hurdles to speaking one's mind -- freely.

Please note my comments are not the result of any hatred.  I do not mean to vilify anyone and certainly not to discriminate.  Against anyone for any reason whatsoever.

2 comments:

  1. Vilification (defamation) isn't really protected in the US, except under NY Times v. Sullivan qualified privilege. I hate it when they don't protect speech. I don't hate them, I just hate what they don't do. Has the new constitution been around long enough to have any legitimacy, or is it like the new kid in school -- potentially interesting, but not anyone with whom you'd hang out? JKK

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  2. The Constitution is 2 months old.

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