Brownstone Institute
New Hate Speech Laws Scrapped in Ireland
From the Brownstone Institute
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The Irish Government has announced it is scrapping its plans to introduce significant updates to Ireland’s existing hate speech laws, as there is not enough support for the proposed legislation. Remarkably, the legislation had already passed the lower house of the Irish Parliament by an overwhelming margin (114 in favour, 10 against) in April 2023, but began to stall in the Senate as its more problematic features came to light. It had gained international notoriety when it came under fire from X’s CEO, Elon Musk.
Free speech advocates across the world should find solace in the fact that a regressive piece of legislation with dire implications for free speech, is now dead in the water, in spite of being a “sure thing” less than two years ago. This is a piece of legislation, after all, that had already comfortably passed in the lower house of parliament, was supported by all major political parties, and was initially only resisted by a handful of journalists, politicians, and political activists. The Irish government had staked their reputation on the passage of this hate speech law, so they would not have withdrawn it at the last minute unless they had come under intense political pressure.
Ireland already has had hate speech legislation on its statute books for over 30 years: the 1989 Prohibition of Incitement to Hatred Act. However, that legislation set the bar for prosecution quite high, insisting on the need to demonstrate that someone is knowingly and/or intentionally inciting hatred. Consequently, only a handful of convictions have been secured in over 30 years.
The government sought to remedy this situation by drafting the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill in 2022, which would have introduced a more stringent and wide-ranging hate speech regime in Ireland. Had it passed, the Hatred and Hate Offences Bill would have had the following legal effects:
- In the 1989 legislation, categories protected from hate speech were race, religion, colour, nationality, membership of the travelling community, or sexual orientation. The 2022 Bill expanded this list of protected characteristics to include gender, sex characteristic, disability, and descent. So the basis for pressing hate speech charges would have been significantly broadened, had this law been passed.
- In the 1989 legislation, Gardaí (police) may seize physical objects from a person’s home during a search-and-seizure operation, if they “reasonably” suspect such objects contain offensive material that was intended to be published. The updated legislation would have given Gardaí the power to compel citizens to hand over passwords or encryption keys to access their privately stored data.
- The 1989 legislation allows Gardaí to seize physical materials in the context of a search-and-seizure operation, while the new legislation explicitly authorized Gardaí to confiscate electronic data, but also to retain and copy it for as long as needed for the investigation.
- The 1989 legislation allows someone charged with a hate speech offence to avoid prosecution by showing that he did not in fact intend to stir up hatred, and was unaware that the material in question was “threatening, abusive, or insulting.” The 2002 legislation would have made it easier to secure a prosecution, by allowing convictions in case an individual was “reckless” as to whether their actions could incite hatred.
- The 2002 Hatred and Hate Offences Bill would have introduced steeper penalties for hate speech offences. Whereas the established penalty is up to two years in jail, the revised penalty is up to five years in jail.
In spite of the defeat of the government’s new hate speech legislation, Ireland’s Justice Minister Helen McEntee is adamant that she will pass another version of this Bill, dealing with “hate crime” rather than “hate speech,” and has suggested the revised bill would retain the expanded list of protected characteristics, including “gender.” Furthermore, the 1989 Incitement to Hatred Act, which remains the law of the land, contains deeply problematic features, including the right to search private property based on a “reasonable suspicion” that an individual possesses offensive material intended for publication.
Thus, the battle for free speech in Ireland is far from over. Nevertheless, this was something of a David-and-Goliath situation: all major political parties had backed the Hatred and Hate Offences Bill, and it had already passed the lower house of the Parliament by an overwhelming margin – 114 votes in favour, 10 against. Only a handful of mainstream journalists in Ireland spoke out against the Hate Offences Bill. The Irish Council for Civil Liberties, along with numerous other NGOs, came out in its favour, and expressed “disappointment” that the Justice Minister was dropping all elements of it pertaining to hate speech.
So this is certainly a victory free speech advocates should savour and learn from. A small but powerful coalition of voices and organizations, including Senator Michael McDowell, Free Speech Ireland, Elon Musk, and ADF International, were able to make enough of an intelligent “ruckus” about the Hate Offences Bill to sink it. Champions of free speech across the world would do well to learn from this uphill victory.
Republished from the author’s Substack
Author
Brownstone Institute
Information Disorder Syndrome
From the Brownstone Institute
By
Information disorder is a term coined in 2017 in a report titled “Information Disorder Toward an interdisciplinary framework for research and policymaking” that was drafted for the Council of Europe. (Derakhshan & Hossein, 2017). Information disorder refers to the sharing or developing of false information, categorized as misinformation, disinformation, and malinformation. Of interest, the original 2016 election of President Trump triggered the commission of this report.
From the report:
This concept has been further developed by think tanks, academics, NGOs, governments, and others now invested in the vast fact-checking and industrial-censorship complex. We have all become well-versed in these concepts over the past few years.
A 2020 peer-reviewed study took this concept further and made information disorder into a mental health condition.
Abstract:
Many of us may be unknowingly suffering from information disorder syndrome. It is more prevalent due to the digitized world where the information flows to every individual’s phone, tablet and computer in no time. Information disorder syndrome is the sharing or developing of false information with or without the intent of harming and they are categorized as misinformation, disinformation and malinformation.
The severity of the syndrome is categorized into three grades. Grade 1 is a milder form in which the individual shares false information without the intent of harming others. Grade 2 is a moderate form in which the individual develops and shares false information with the intent of making money and political gain, but not with the intent of harming people. Grade 3 is a severe form in which the individual develops and shares false information with the intent of harming others.
The management of this disorder requires the management of false information, which is rumor surveillance, targeted messaging and community engagement.
Repeated sufferers at the Grade 1 level, all sufferers from Grade 2 and 3 levels need psycho-social counseling and sometimes require strong regulations and enforcement to control such information disorder.
The most critical intervention is to be mindful of the fact that not all posts in social media and news are real, and need to be interpreted carefully.
From this paper, the idea of “information disorder syndrome” quickly jumped into the lexicon of both the censorship-industrial complex and the mental health industry. It is important to note that the terms syndrome, disease, and mental disorders are often used interchangeably. In this case, it has been determined by organizations such as First Draft and the Aspen Institute that the way to cure this syndrome is to stop the flow of misinformation, disinformation, and malinformation online.
Is it just a matter of time before the American Psychiatric Association puts this new “syndrome” into the next edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM)?
Is this a possibility?
The American Psychological Association is at least considering how to fit “information disorder” or even “information disorder syndrome” into their modalities. The APA has developed a consensus statement report on fighting health misinformation, which we taxpayers paid for. The CDC paid the APA $2 million for this project.
Next up will be the National Institute of Mental Health (NIMH) developing a funding program to research how to cure or manage this new mental health disorder; considered a new syndrome because of the pernicious tendrils of the internet.
As information disorder syndrome is not a formally recognized mental health condition yet, so far, specific NIMH funding has been absent. However, suppose information disorder syndrome continues to evolve by the medical establishment into a mental health condition. In that case, it is conceivable that NIMH could support studies in the future, particularly for the “sufferers from grade 2 and 3 levels who need psycho-social counseling and sometimes require strong regulations and enforcement to control such information disorder.”
This is yet another example of how the government can and has previously exerted control over individuals. What happens when the APA stigmatizes people who have contrarian views or lifestyles or posts mis, dis or mal-information repeatedly online? The APA has a long history of discriminating and labeling categories of people who differ from the norm, such as when being gay became a mental health disorder in the 1950s.
This lasted for decades, and the APA endorsed many medical treatments such as surgical interventions, including castrations, vasectomies, hysterectomies, and lobotomies, drug therapies (including aversion therapy, which included inducing nausea, vomiting, or paralysis when exposed to same-sex erotic images or thoughts) and even chemical castration, sexual depressants and stimulants, LSD, estrogen and testosterone and also electroconvulsive therapy—which involved administering electric shocks to patients.
Taking this back to the topic at hand, making information disorder a syndrome affecting the individual allows the state through the medical and insurance industries to step in and force the individual to conform to societal norms. As shown in the example above, this is within the realm of possibilities.
Is this a future that is going to happen? Who knows, but it could. And we have to be prepared for this future manifesting in various planning stages. This is why terms such as “information disorder” and “information disorder syndrome” are being propagated throughout new media and must be rejected at all levels.
”Free speech is the most pragmatic tool we have for ascertaining truth. Only by examining all sides of an issue can the truth be chiseled out like a statue out of marble. But the underlying reality is that there can be many truths; we each have our own experiences, values, mores, and life. That is the beauty and wonder of being an individual. There can be no free speech without free and open access to ideas, knowledge, truths, and untruths. Without free speech, we are little more than slaves.
We must defend all speech—whether untrue, hateful, or intolerable, as that is the only way to protect our rights and abilities to understand the world. As soon as free speech is restricted, that restriction will be used to sway public opinion. As soon as one person can be defined as a heretic for uttering words, then soon everyone opposing the “officially approved” side of an issue will be labeled as a heretic. The next logical step will be for the state to define acts of heresy as criminal offenses. As soon as governments and those in power can sway public opinion by restricting free speech, democracy and even our republic of United States will be lost.”
Republished from the author’s Substack
Brownstone Institute
Trump Takes Over and Implements Communication Freeze at HHS, CDC, and NIH
From the Brownstone Institute
By
Part of the sweep of government in the first days of the Trump administration has been a freeze on communications. The explosion has hit the whole of public health bureaucracies, which Trump personally blames in part for the meltdown of his previous term of president in his last year. The pause in operations is designed to figure out exactly what is going on.
It is certainly not the case that Donald Trump wants you to die, contrary to Paul Krugman’s claim. No longer writing at the New York Times, he reserved his rather extreme view for his Substack account.
Recall that Krugman was 100 percent for lockdowns and all the rest including the fake science behind vaccine mandates. While most of the world was in cages, he was proclaiming the dawn of the great reset. With that reversed, he has reverted to form.
What actually seems to be dying the death is the public health bureaucracy.
As the Wall Street Journal explained in their story headlined “Swaths of U.S. Government Grind to a Halt After Trump Shock Therapy:” “While glitches aren’t uncommon during the early days of presidential transitions, some longtime federal employees said the chaos seemed more extreme this week due in part to wide-spanning differences between the agendas of the previous administration and the new one. The stalled initiatives extended far beyond Trump’s cancellation of federal DEI programs.”
I seriously doubt that public opinion registers much concern.
Let’s take a look at the actions of these agencies in the pre-inauguration days before the freeze.
The Department of Health and Human Services announced on January 17, three days before the inauguration, a jaw-dropping $590 million grant to Moderna, a driving force behind global vaccination with mRNA shots during Covid. The announcement of this grant changed the fortunes of the company’s stock price, which had been in a two-year slide.
The timing alone cries out for explanation. Was this to dump largess on the deep-state partner before Trump could stop it? Or was it tacitly approved by the incoming administration in order to keep Trump’s fingerprints from it? We’ll know based on whether this goes ahead. It will certainly be a test of the agency’s future under the leadership of Robert F. Kennedy, Jr., provided he is confirmed by the Senate.
For now, it has all the earmarks of an old regime grabbing whatever it can on the way out.
Over at the CDC, which exists as part of a suite of agencies under the control of HHS, we have one last communication dating also from January 17. It was to announce the “first-ever National One Health Framework to Address Zoonotic Diseases and Advance Public Health Preparedness in the United States.”
David Bell at Brownstone has been writing about this for longer than a year. As he describes it:
“Those pushing it envision a world in which any lifeform is considered intrinsically equal worth to others. If you must choose between your daughter and a rat, the choice should weigh the probability of survival of each, or may do the least harm to other lifeforms after being saved. Within this ‘equitable’ worldview, humans become a pollutant. Ever-growing human populations have driven other species to extinction through environmental change, from the megafauna of ancient Australasia to the plummeting insect populations of modern Europe. Humans become a plague upon the earth, and their restriction, impoverishment, and death may therefore be justified for a greater good.”
The connection here to Fauci et al, and their view concerning spillover diseases from animals to humans – a major reason why they were so insistent on the zoonotic origins of Covid – is rather obvious.
In the middle of the worst part of US lockdowns, Fauci and his co-author David Morens wrote an article for Cell in which they explain that the real problem with life on earth began 12,000 years ago when “human hunter-gatherers settled into villages to domesticate animals and cultivate crops. These beginnings of domestication were the earliest steps in man’s systematic, widespread manipulation of nature.”
It’s always with the same theme. If there were fewer of us, had we never had much contact with each other, if we never dared to cultivate crops, domestic animals, store water, and move around, we could have been spared all diseases.
The real problem is what we call civilization itself, which is why the article ends with an assault on “overcrowding in dwellings and places of human congregation (sports venues, bars, restaurants, beaches, airports), as well as human geographic movement,” all of which “catalyzes disease spread.”
The only solution, in this view, is “rebuilding the infrastructures of human existence, from cities to homes to workplaces, to water and sewer systems, to recreational and gatherings venues.”
One Health, as newly embraced by the CDC, amounts to a radical transformation of the basis of social order itself, under the guidance of god-like scientists who alone know how to structure the best life for all living things, even if that comes at the expense of human flourishing.
David Bell describes this creepy strain of belief as a “cult” but it might also be described as an ideology very different from the dominant ones in the 20th century. Socialism might have proven unworkable but at least it aspired to the improvement of human life. Capitalist ideology was the same. This is something different, with more in common with the far-flung imaginings of Rousseau or the Prophet Mani who shared in common the belief that all attempts to create what we call civilization are inherently corrupting of our perfect state of nature.
This was part of the underlying philosophical infrastructure of lockdowns and vaccine mandates, not merely a public health establishment doing crazy things that happened to be captured by high-powered industrial interests. There was a dreamy and ultimately ghastly utopianism backing all of these actions, stemming from hot-house salons of government-funded science cabals where they not only refuse to speak to normal people; they have nothing but disdain for the aspirations of the common folk and their attachments to property, family, and tradition (which includes, for example, home remedies on dealing with infectious disease).
How it came to be that our main engines of public health came to be captured in whole by such a crazed ideology would require a deep and expansive investigation. Certainly, it happened gradually and largely out of the public eye, so much so that even our best investigative writers are still trying to wrap their brains around it all. Whatever this ideology is, it captured nearly the entire planet Earth in the years 2020-2023 or thereabouts and resulted in a health crisis without precedent in modern times.
Part of the result of that grand experiment was the unseating of a variety of populist leaders in the US, UK, and Brazil. This seems to have set in motion what Walter Kirn has called “a coup against a coup,” as the astonishing avalanche of executive orders reveals. The flurry of news – including a full reaffirmation of free speech, a purge of all DEI edicts, a deletion of previous dictates on Central Bank Digital Currencies, and a full hiring freeze in the federal government – has been so massive that the pundit class has been left gasping to stay on top of it all.
As for NIH, Jay Bhattacharya has been tagged to head the agency. As he awaits Senate confirmation, the acting head is Dr. Matthew Memoli, an award-winning vaccinologist who has worked at NIH for 16 years. In defiance of the regime, he argued in 2021 that “with existing vaccines, blanket vaccination of people at low risk of severe illness could hamper the development of more-robust immunity gained across a population from infection.”
Our own Fellow Bret Swanson took note of this one dissident within the Fauci ranks and celebrated his resolve to speak truth to power, in a complete takedown of evil four years ago. The doctor came under fire for daring to disagree.
Now Dr. Memoli heads the agency he defied. He remains in that position until the man once called a “fringe epidemiologist” by the previous head of NIH takes full control. This is as close to revolution and counterrevolution as you will find in a democratic society.
Something big and potentially wonderful is happening in the realm of public health, which was deployed for egregious purposes only a few years ago. It is a turning point of some sort, and one can hope that the results are consistent with the health, well-being, and freedom of everyone.
For now, there doesn’t seem to be too much in the way of public panic about the big freeze at HHS-related agencies, much less the removal of Anthony Fauci’s expensive security detail.
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