Category: Europe

Posted on

ECHR Upholds Islamic Blasphemy Law in Austria

(From the European Court of Human Rights press release)

An Austrian woman had her appeal rejected and will have to pay 480 Euros for truthful comments she made at 2 seminars calling Muhammad a paedophile for marrying a 6 year old girl.

An interesting side note, as exampled in the video, Islam is not a race, and hence criticism of it is not “racism”. That claim is often used to derail legitimate debate.

For some context, the European Court of Human Rights (ECHR) is a European-based court in France where people can contest judgements if they claim human rights have been violated. This court will consider cases after other legal remedies have been exhausted in the home country.

Conviction for calling Muhammad a paedophile is not in breach of Article 10
In today’s Chamber judgment1
.
in the case of E.S. v. Austria (application no. 38450/12) the European Court of Human Rights held, unanimously, that there had been: no violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
.
The case concerned the applicant’s conviction for disparaging religious doctrines; she had made statements suggesting that Muhammad had had paedophilic tendencies.
.
The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria. It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons.

That was the summary of the case, The press release goes on to list the facts:

Principal facts
.
The applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna (Austria). In October and November 2009, Mrs S. held two seminars entitled “Basic Information on Islam”, in which she discussed the marriage between the Prophet Muhammad and a six-year old girl, Aisha, which allegedly was consummated when she was nine. Inter alia, the applicant stated that Muhammad “liked to do it with children” and “… A 56-year-old and a six-year-old? … What do we call it, if it is not paedophilia?”.
.
On 15 February 2011 the Vienna Regional Criminal Court found that these statements implied that Muhammad had had paedophilic tendencies, and convicted Mrs S. for disparaging religious doctrines. She was ordered to pay a fine of 480 euros and the costs of the proceedings. Mrs S. appealed but the Vienna Court of Appeal upheld the decision in December 2011, confirming in essence the lower court’s findings.

The facts were not really in question, just the findings

Decision of the Court
Article 10
.
The Court noted that those who choose to exercise the freedom to manifest their religion under Article 9 of the Convention could not expect to be exempt from criticism. They must tolerate and accept the denial by others of their religious beliefs. Only where expressions under Article 10 went beyond the limits of a critical denial, and certainly where they were likely to incite religious intolerance, might a State legitimately consider them to be incompatible with respect for the freedom of thought, conscience and religion and take proportionate restrictive measures.
.
The Court observed also that the subject matter of the instant case was of a particularly sensitive nature, and that the (potential) effects of the impugned statements, to a certain degree, depended on the situation in the respective country where the statements were made, at the time and in the context they were made. Accordingly, it considered that the domestic authorities had a wide margin of appreciation in the instant case, as they were in a better position to evaluate which statements were likely to disturb the religious peace in their country.
.
……….
.
The Court found in conclusion that in the instant case the domestic courts carefully balanced the applicant’s right to freedom of expression with the rights of others to have their religious feelings
protected, and to have religious peace preserved in Austrian society.
.
3
The Court held further that even in a lively discussion it was not compatible with Article 10 of the
Convention to pack incriminating statements into the wrapping of an otherwise acceptable expression of opinion and claim that this rendered passable those statements exceeding the permissible limits of freedom of expression.

The ECHR press release pretty much sums it up in 2 statements

(1) Criticising Islam can lead to religious unrest

(2) Protecting religious feelings (of Muslims) trumps free speech

Actually, the ruling and press release could be taken as a good sign that some religions simply do not belong in a Western country. If mere criticism can result in ”religious violence” then it is obviously incompatible.

The ECHR excused the practice, saying that it should be considered that child marriages were historically a reality. But switch that around. That historical reality would be considered paedophilia under today’s laws. So the statement is factually correct.

But before sounding too smug, the Liberal Party of Canada passed a non-binding motion (M-103) which


a) recognize the need to quell the increasing public climate of hate and fear; (b) condemn Islamophobia and all forms of systemic racism and religious discrimination and take note of House of Commons’ petition e-411 and the issues raised by it; and (c) request that the Standing Committee on Canadian Heritage undertake a study on how the government could

(i) develop a whole-of-government approach to reducing or eliminating systemic racism and religious discrimination including Islamophobia, in Canada, while ensuring a community-centered focus with a holistic response through evidence-based policy-making,

(ii) collect data to contextualize hate crime reports and to conduct needs assessments for impacted communities, and that the Committee should present its findings and recommendations to the House no later than 240 calendar days from the adoption of this motion, provided that in its report, the Committee should make recommendations that the government may use to better reflect the enshrined rights and freedoms in the Constitution Acts, including the Canadian Charter of Rights and Freedoms.

Notice that Islam is the only religion mentioned in the motion. It should also be noted that the Liberals rejected an alternative motion that would passed the same intent, but with no mention to any specific religion.

No other religious group in the western world acts this way, or has to have certain laws passed to appease it.

Religion and Government should remain 2 separate entities. However, that becomes next to impossible when importing a culture that believes religious law should govern civil law. Another example of multiculturalism not working at all. This nonsense needs to stop.

Posted on

Voting Eligibility (Part 1) — Crime & Citizenship


(Image by WordPress)

Who is allowed to vote?

Well, depending on where you go, you will get a very different answer. Do you have to be of good character? Can you currently vote while in prison? Do you even have to be a citizen?

This topic could fill several books, but this is just a starter piece. The article focuses on 2 main areas: criminality and non-citizenship

Canada, Criminality:
The Canada Elections Act of 1985 used to prohibit a person from being able to vote if they are serving a federal sentence (2 years or more). However, that was struck down in 2002. The Crown conceded it violated Section 3 of the Canadian Charter of Rights and Freedoms, that everyone had the right to vote in elections to govern the country. To be fair though, the dissenting Justices thought that the violations were reasonable. As things stand now, even persons in custody are allowed to vote, and jail officials must make accommodation for them to do so.

American, Criminality
The case of Richardson v. Ramirez (1974), held that the 14th Amendment, Section 2, was not violated in barring felons form voting (called felony disenfranchisement). Since then, the 50 states have written their own laws, and they widely vary widely, from Maine, which allows voting while incarcerated, to voting after release, to Idaho and voting after probation ends, to never voting, to Florida requiring a petition.

Australian, Criminality
Things are a bit different here. For starters, voting is mandatory. There are arguments both for and against it. In the past, anyone serving a sentence of 1 year or more was unable to vote. As it stands now, only those serving a sentence of at least 3 years cannot vote until the sentence is finished.

British, Criminality
The UK is having to revise their policies on letting prisoners and convicts vote, because of the European Court of Human Rights. Originally, they couldn’t, but that is changing. Interestingly, Members of Parliament can keep their seat if they have been sentenced to 1 year or less. So they could hold office, but not vote.

Much Europe has some restriction of voting rights, such as type of offense, and is the sentence fully served.

Laws vary widely around the world. However, the main argument against letting cons, or ex-cons vote is that they have violated the social contract with the people, and hence should not be a part of forming its laws.

Voting by Non-Citizens

While this list is too extensive to go through, many countries do allow permanent residents to vote if they have lived their for a long enough period.

Also many cities, such as San Francisco, Toronto, Hamilton, Calgary, Vancouver, allow voting for permanent residents.

One argument against letting non-citizens vote is that it weakens what it means to be a citizen. What then, distinguishes a citizen from a resident? A second is that the longer time to obtain citizenship is necessary to fully adapt to the new homeland. A third is that it leads to divided loyalty from Members of Parliament/Congress, who will look towards future voters more than current ones. All have some merit.

A push over the years from leftist politicians has been to let “undocumented immigrants” (a.k.a.) “illegal immigrants” vote in elections, as well as to reduce or eliminate voter identification requirements.

Note: Women are now allowed to vote in Western countries as well as many others. New Zealand and Australia led the way.

Author’s Views:
However, things do, or at least should have a limit.

(1) There have been many challenges to Voter ID laws, claiming that it discriminates against people who can’t get identification. The usual claim is wither poverty, or that the community lacks these services. Really, a legal citizen, or at least permanent resident can’t get I.D.?! Of course, if they are “undocumented”, that may be why they can’t get “documents”.

(2)So-called “Sanctuary Cities” are letting illegal immigrants vote which seems bizarre. Why should people in the country illegally be helping to vote in people to draft laws? Seems like a serious conflict of interest here.

It seems that items (1) and (2) are very much linked. Could objecting to voter I.D. requirements be to enable, or help cover up, illegal immigrants voting? Hard to say, there is no “documentation”. Could it be to help “elect” candidates who would push for more immigration and easier citizenship paths?

As for convicts voting, obviously everyone has different ideas. My personal choice would be: (a) not while in jail or parole; and (b) not for serious crimes such as murder/treason/terrorism/drug trafficking/sex offenses.

Posted on

Review of the Book “The New Nationalism”

(Conservative writer and YouTuber, Dr. Steve Turley, promoting his new book)

“The New Nationalism, How the Populist Right is Defeating Globalism and Awakening a New Political Order” was just released and is available online. The title is pretty self explanatory, as nations across the world are pushing hard to maintain their identities and sovereignties. Not only do nations and people want autonomy over their lands, they want to see their own cultures intact and thriving. It is a fairly quick at 78 pages, but is packed with information. While he acknowledges that globalists do make occasional advances, they are more of the exception, and that the general trend is towards nationalism.

Before getting too much into the book, let’s take a moment to acknowledge 2 sets of ideas hotly debated currently:

1. Civic v.s. Ethno Nationalism


(a) Nationalism (Identity) v.s. Multiculturalism (Values)
(b) Ethno Nationalism (Identity) v.s. Civic Nationalism (Values)

In many ways they are same argument: Is a nation defined as “who the people are” or by “what they believe”?

Those pushing for a greater unity, ethno-nationalist, argue that who the people are matters, be it: heritage, culture, common language, traditions, way of life, and often ancestry, are the necessary elements for a cohesive society. EN is commonly thought to be a racial supremacist ideology, but that just isn’t the case.

Those pushing for greater freedom and individuality, civic nationalist, are much more likely to believe in the multicultural way of life. The cohesive unity that ethno-nationalists stress is not nearly as important as more abstract beliefs such as freedom of speech, freedom of religion, freedom of association, and acceptance rather than assimilation of newcomers.

Civic nationalists claim (rightly), that their society promotes tolerance and diversity. Ethno nationalists claim (rightly), that there is nothing that holds them together, and that people will just form groups which do reflect their identities. These 2 ideologies are in fact arguing different things.

Within ethno-nationalism, there is a segment that believes that blood is the single biggest unifier (race). This is often referred to as “the Alt-Right”. Another group believer that other shared traits (culture), are what holds societies together, sometimes called “the Alt-Lite”. One group believes the other to be racist, while the other believes that group to be unrealistic.

In the book, “The New Nationalism”, Dr. Turley is quite clearly arguing a form of nationalism that focuses on a shared culture and traditions, while race itself is not important (Alt-Lite).

The book covers in depth 9 countries across the world: (1) Hungary; (2) Poland; (3) Bulgaria; (4) Italy; (5) Denmark; (6) Russia; (7) Turkey; (8) India; and (9) the United States. Now, for some key passages:

2. Quotes From Book

All over the world, a nationalist revolution is underway. In the past 17 years, the actual number of nationalist and populist parties across the European continent has nearly doubled, growing from 33 to 63.1 And these parties are seeing extraordinary electoral success. The share of votes won by populist parties in Europe has tripled in the course of such time, from 8.5 percent of the European vote to nearly 25 percent.

FIRST TAKEAWAY: The opening paragraph gets right to the point. Using Europe as a model, nationalism is on the rise, and that the # of political parties is rising, as is the % of the popular vote they are receiving. In fact, the first five Chapters deal with European countries where nationalism is still rising: Hungary; Poland; Bulgaria; Italy; and Denmark.

>However, for what I’m calling here the New Nationalism, the communist threat is of course gone, as is any notion of biological racial superiority.

SECOND TAKEAWAY: That the growing nationalism here is built on shared customs, cultures, etc… and that race is not the driving motivation.

Because globalization eclipses the nation-state with wider transnational economic and political processes, many scholars believe that globalization is bringing an end to the whole concept of distinct nations.

THIRD TAKEAWAY: Globalism is a threat to nations because it attempts to break down what actually makes nations distinct.

…. that Orban wants to create an authoritarian theocracy. In fact, nothing can be farther from the truth. As Orban makes clear, Christian democracies absolutely affirm a separation of powers between church and state. The church and the state are wholly unique and distinctive institutions. But what makes Christian democracies different from globalist societies is that while they recognize a separation of powers between church and state, they don’t recognize a separation of purpose.

FOURTH TAKEAWAY: While nations like Hungary may want to maintain a Christian nation, it will not lead to autocratic rule.

open borders mean open values. And so, what does this mean for the EU’s immigration quotas? Very simply, mass unfettered immigration fulfills the political precondition for more liberal democratic social policies. The less secure a nation’s borders, the less secure a nation’s customs and culture.

FIFTH TAKEAWAY: Mass immigration will actually lead to the break down of society. If any and all people and their customs are welcome, then what makes a nation unique? This is actually the main argument against multiculturalism.

However, Poland has no shortage of detractors, particularly in Brussels. One critic accused Poland of “abdicating” its leading role in Central Europe by refusing to bend to the EU’s demands on migrant quotas and internal judicial reforms. But in the process of making these observations, she ended up admitting that the nation of Poland poses a greater existential threat to the EU than does Brexit.22

When the Poles didn’t, Article 7 was enacted to try to strip Poland’s voting rights away.

SIXTH TAKEAWAY: Interesting, that for all the praise that the EU gives to diversity and multiculturalism, it seems they have to force member states like Poland to comply. This is an attempt to overrun their sovereignty and impose laws on them. How exactly is Poland an independent country if it “bends the knee”?

What Salvini is advocating here is but the latest chapter of a history of what scholars call the internationalizing of the nationalist right. While leaders in the nationalist right have focused primarily on local and national elections, they all recognize that transnational politics are in many ways just as equally important, because the ultimate adversary in all of this is globalization, and globalization is by definition transnational.

SEVENTH TAKEAWAY: While individual nations are taking back their autonomy, there is a collective good in such nations working together to do so.

>With communism dead, something even more compelling, more deeply rooted in the Russian soul would have to take its place. And that is the real contribution of Vladimir Putin; he found that the way forward for Russians would be a return, a retraditionalization that would involve reawakening Russia’s pre-Soviet history, her culture, traditions, customs, and Orthodox religion that would serve as the foundation for a rebirth and renewal of Russian civilization.

EIGHTH TAKEAWAY: Russia, facing more and more break off portions, was able to keep itself fairly intact because it focused on what the various regions and people had in common. Putin has said many times, “we are of many ethnicities, but we are Russian first.”

Putin does not celebrate a secularized vision of human rights irrespective of culture; he doesn’t affirm a notion of civil rights that favors certain races, genders, and sexual orientations. Rather, the rights, protections, and freedoms experienced by citizens of the Russian Federation are the direct result of a distinctively Russian culture, religion, society, and sentiments.

NINETH TAKEAWAY: Identity politics is bad. Focusing on collective identity is good. Simple enough.

However, there is one section that seems puzzling.

For example, there have been reports of forced conversion attempts on Christian families in Indian villages by Hindu nationalists, the desecration of churches, and actual physical violence and assaults against Christians, Muslims, and Buddhists. These are of course unacceptable in any humane society. But what we have to understand is that, unfortunately, such acts of religious persecution are really just par for the course given the fact that secularism is seen more and more as that ideology that persecutes a nation’s dominant religious identity….. To just defer to good ol’ fashioned secular human rights such as religious freedom, as our Western elites like to do, does absolutely nothing to remedy this problem, but I believe has the reverse effect; it employs rhetoric that only exasperates it.

Perhaps I am missing something, but wouldn’t this be a compelling argument in favour of secularism? If physical violence and religious persecution are “par for the course”, wouldn’t taking religion out of the way of life make things safer for everyone? For example, the Western World has seen repeatedly what “devout practitioners” from Islam are capable of doing.

3. Overall Impression

The New Nationalism is a very informative read. 9 countries are gone through in depth, although many more are mentioned in the introduction. The author has clearly put a lot effort into the research and presentation. While there are exceptions, the overall path seems to be towards nationalism and against globalism.

4. Relevance To This Site

Canucklaw.ca is founded on the idea of discussing and examining comparative law. As such, ideas and systems — good and bad — are looked at. If nationalism is to be the major trend (and the evidence says it will), then new laws are certain to be introduced. Likewise, there are likely to be many court challenges and appeals, as the nationalists and globalists fight it out. This should be a fertile source for research and commentary.

5. Nationalism Is Coming

Dr. Turley covered the election of Doug Ford in June 2018. Worth a watch. (Update: on October 2, he covered the Nationalist Win in Quebec).

Currently, we have: (1) Parliament appoints to cabinet based on gender quotas; (2) criticism of Islam is banned; (3) compelled speech for gender pronouns; (4) Pro-Life candidates are banned from running for office in certain parties; (5) summer jobs grants are denied for wrongthink; (6) opposition to ISIS fighters returning is considered islamophobia; (7) asking about costs for illegal immigration is considered racist; (8) murders of citizens by “Syrian refugees” is laughed off; (9) Diversity is entropy, and apparently, breaking down society is our strength; (10) discussing the challenges of multiculturalism gets condemned by “Conservatives”; (11) $10.5 Million for a this terrorist; (12) $31 million for these accused terrorists; (13) Canada apparently has no core identity; (14) “Old -Stock” Canadians should apparently be replaced; (15) Pride parades which are outright lewd; (16) Showing tolerance and inclusion at Pride, by banning police; (17) Statues of our founder Sir John A. MacDonald taken down; (18) Parks named after foreign founders; (19) ”Gender neutral” national anthem; (20) ”peoplekind” instead of mankind, and so on….

Back to the Nationalism (Identity) v.s. Multiculturalism (Values) mentioned earlier, it was mused that globalists don’t want an identity, that there only be certain “values”. However, it seems that many don’t even want “values”, as they would require logic and consistent standards to apply them.

There are some interesting postings from Candice Malcom: CLICK HERE, and CLICK HERE,

Canada has a federal election on October 19, 2019. If there is a nationalist candidate who might win, it would look something like this, or this, or this, or possibly this or this or this, or this, or maybe this.

Canada needs a rise in nationalism. If multiculturalism actually worked — anywhere — we would not need an ever expanding set of laws telling us how to live, and how to accommodate radically different people. Perhaps Dr. Turley can one day do such a book (or a second edition) on Canada

Posted on

Silencing Free Speech in the UK

(Mark Meechan, a.k.a. “Count Dankula”)

August 8, 2018 — Mark Meechan, who goes by the nickname “Count Dankula”, was arrested for posting content that was deemed to be “grossly offensive” and that violated the Communications Act of 2003. Here is an exerp:

127
Improper use of public electronic communications network
(1)
A person is guilty of an offence if he—
(a)
sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b)
causes any such message or matter to be so sent.
(2)
A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—
(a)
sends by means of a public electronic communications network, a message that he knows to be false,
(b)
causes such a message to be sent; or
(c)
persistently makes use of a public electronic communications network.
(3)
A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4)
Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42))

Dankula had been arrested for posting indecent content in April 2016, when, as a joke, he taught his girlfriend’s dog to do the Hitler salute in response to the words “Sieg Heil” and “Gas the Jews”. A self described “shit poster”, stated repeatedly that he is not a Nazi, and only posted the video to annoy his girlfriend. As he said, “she would never shut up about it.”

Dankula was convicted in March 2018 seehere, and sentenced, fined £800 in April. The Court didn’t care that Meechan had done it as a joke, and merely to annoy his girlfriend. Not only was Count Dankula fined, the Court said he was lucky to not have actually received a prison sentence for doing this.

In August, he had his appeal denied by Sheriff Appeal Court, see here, and here. The Appeals Court found that:

“This was a deeply unpleasant offence in which disgraceful and utterly offensive material was very widely distributed by the appellant. This was to the considerable distress of the [Jewish community] and — just as disturbingly — to the apparent approval of a large number of persons who appear to share the appellant’s racist views,”

Both the Trial Court and the Appellate Court rejected Meechan’s claim that the video was meant as a joke. Instead, they claim that it was meant to stir up anti-Semitism and suggested that Meechan shared those views.

Meechan, for his part, claims he will not pay the fine, and would have to be forced to prison for non-compliance. He seems to prefer taking a principled stand rather than “bending the knee”, as he refers to it. He has gone very public on the matter, and is now a free speech champion.

It offers some consolation to Meechan that there is widespread public support for his challenge. See: (a) here; (b) here; (c) here; (d) here; (e) here; (f) here, (g) see here, (h) see here and (i) see here. Comedians, politicians, and commentators inside and outside the UK condemn such a crackdown on free speech. As distasteful as this stunt was, it does not warrant an arrest, nor a trial, conviction and fine. The wider public sees this video was meant as a joke.

Meechan/Dankula may be sent to prison if he refuses to either: (a) pay the fine; or (b) appeal further. This matter is not over it seems.

Bigger than this case, the Sentencing Council seems to be pushing for harsher punishment for what it deems “offensive“.

Other Instances:

Like most of the commenters about this story, this is shocking, though not surprising abuse of power. Agreed, teaching the dog to do a Nazi salute is of very questionable taste. However, in seeing Meechan online, it is far more likely that it is immaturity/bad humour, not actual promotion of hate. Admittedly, I had a chuckle at how juvenile this 30 year old man is. This is not worthy of criminal charges at all.

(1) Unfortunately, the UK is moving towards censoring of ideas, words and jokes deemed “offensive”. In March 2018, three activists: Lauren Southern, Brittany Pettibone, and Martin Sellner, were refused entry into the UK for “hate speech”. Southern was actually detained under Schedule 7 of the Terrorism Act. The trio are now suing the UK, on the grounds that they were discriminated against primarily based on political beliefs.

(2) Also in March, Tommy Robinson, had been arrested for livestreaming outside a UK Court, regarding the “Grooming Gangs” trial. The 13 month sentence and conviction is under appeal. Interestingly, Brittany Pettibone had gone to the UK to do an interview of Robinson.

https://www.youtube.com/watch?v=z7eVJspnjnk

https://www.youtube.com/watch?v=eRGB2bfG72c

However, people should not be tricked into thinking the UK is an intolerant nation after all. Even if you fight for ISIS, you are still welcome back. But those with right-wing opinions, just stay away.

While it is depressing to see freedom being whittled away, I get some hope in seeing people fight back.

Posted on

European Union Censorship

(Provocative, but you get the point)

September 12, 2018 — the European Union passed this law, the “Copyright Directive”, in a 438-226 vote.

Other media on the subject can be found: here, here, here, and here.

The “Copyright Directive” was originally stopped in July of this year, primarily over concerns over Articles 11 and 13. And to a degree, the concerns were over the same thing. Responding to, or critiquing another’s work is very common, and makes way for advancement of discussion of ideas. As long as there is some educational, critical or reporting use (and not blatant copyright), then using portions of a person or institution’s work is fine. In fact, this very website, Chimeratsk.com, cites Canadian “Fair Dealing“, and American “Fair Use” provisions.

Article 11, a.k.a. the “link tax”, concerned ways for original content creators to get paid via taxes or royalties. In practice though, how would one know who the original content creator was? Perhaps the royalties would be going to someone who is at least in part responding to another person’s work.

Article 13 had to do with platforms such as Facebook and YouTube being blocked from sharing protected content. Apparently there is to be a huge database on protected material, which by itself sounds creepy. To be fair though, the law says that encyclopedia-type platforms like Wikipedia will be exempt. However, as many images, text and music can sound similar, how would the original creator be identified?

Further, copyrighted material does not last forever. For example, the book “1984”, written by George Orwell (a.k.a. Eric Arthur Blair was written in 1949, so after 1999, a Canuck should be free to use it freely. Under Canadian Copyright Law, 50 years after death, copyright protection would disappear. Yes, ironic to use the Orwewll book here. However, would this EU driven database(s) know when copyright on each image, unique, phrase, text, etc… lapse?

On a semi-related note: there is an academic database — turnitin.com which college and university students would upload digitial copies of essays and other papers. This is an anti-plagiarism site which was to ensure that students were handing in original work. The site would compare and contrast the student paper against millions of others and look for regions of overlap. Sounds great, except for problems those arose in this.

At its core, the Copyright Directive seems to nullify what may be considered Fair Dealing/Fair Use exemptions (by listing the original content creator as the copyright owner of any and all of its content, and responses. CLICK HERE, for an article on the proposed revisions of Article 11 and 13.

Some accidental incidents of censorship occurred here, here, and here.

While the E.U. has passed this Copyright Directive, there are reasons to be cautiously optimistic:

First, even if nothing is done, this seems absurd on its face to implement. (See the earlier criticism on logistical issues). Yes, content is still getting blocked, even the most innocuous stuff. While this is done under the guise of “protecting” creators, the complications that will arise will cause more and more headaches. Oddly, creators will “lose” money if research and ad revenue plummet.

Second, the law will undoubtedly face legal challenges and be tied up in the courts for years.

Third, each memberstate will implement their own version of this law, and that will likely not happen for a year or 2. Harder to enforce when the rules aren’t uniform. And on a related note: what about the UK, who is leaving the E.U.? What about any other member who may leave? What happens if governments change and their successors don’t agree with what they see? And won’t any inconsistencies in member laws make it easier to challenge the law?

Fourth, what if any E.U. members decide to just ignore the directive altogether? The EU has shown itself to be rather toothless in enforcing its own rules and orders.

Fifth, how will this be enforced when using material from, or creating new content in countries that do not have these laws, or subscribe to this version of them?

Online creators decry this EU directive, and they do have reason to be worried. However, there are many options available to fight it, and many hurdles it will face.

Posted on

E.U. Punishes Memberstates for Daring to Exercise Soverignty

Hungarian Parliament Building

(September 12, 2018), The European Union has triggered Article 7 of the Lisbon Treaty.

Many reasons were given, but it is widely believed that the main one has to do with immigration. Hungary has blatantly refused to accept forced migration quotas, and has run on a “Hungary for Hungarians” platform. While Victor Orban’s policy is extremely popular, and helped his re-election in April, the E.U. is angered at the open defiance.

Nationalism is alive and well in Europe. Hungary, Poland, Slovakia and the Czech Republic are 4 central European nations known as the “Visegrad 4”. They are against open borders. Sebastian Kurz in Austria and Matteo Salvini in Italy recently won on populist platforms. Hungary is hardly alone.

While the E.U. professes outrage, Orban is actually running on the agenda he specifically set out to do. He sealed Hungary’s borders and stopped 99% of the illegal immigration. He has also stopped all funding for illegal migrants, and banned NGOs from aiding and abetting. While claiming these to be “human rights abuses”, it seems there is little the E.U. can do about it.

To give some perspective, there are many more legal hurdles to clear before anything actually happens. Poland, for example, had Article 7 triggered against it in December 2017, almost a year ago, see here, and also see here. Yet nothing has actually happened.

But ultimately, Hungary could lose its voting rights within the E.U. (as could Poland). Should this happen, they would be subjected to laws which they have no say in enacting or repealing.

Critics have loudly advised Hungary and Poland should just leave the European Union altogether. In 2016, the UK invoked Article 50 of the Lisbon Treaty in order to begin to leave the EU. Nigel Farage of the UK, and Marine Le Pen of France openly mock the E.U. as violating the will of sovereign European nations.

More insight to the European Union and their laws will be given on a future article.

    Author’s Views

: From my perspective as a Canadian tourist, an integrated Europe and common currency does make travel, movement, and purchasing easier. However, it is disappointing to see how much sovereignty is eroded in the name of “unity”. A nation should be able to control its own borders, currency, language, culture, economy and way of life. While this union may have at one time been useful, it is undermining the autonomy and independence of the host countries.