Cloaking hate speech and fake news in the right to free expression.

It should be obvious by now but let’s be clear: The same folk who regularly traffic in disinformation, misinformation and “fake news” are also those who most strongly claim that their freedom of expression rights are being violated when moves are made to curb hate speech (as opposed to protected offensive speech). They lie, they mislead, they conspire and they subvert, only to whine when they are called out on their prejudice and deceit.

That is what might be called message “cloaking” or “masking:” using the legal protections of democracy in order to undermine it from within via propaganda and psychological operations designed to confuse, divide and accentuate extant social cleavages, or what right-wing extremists call “acceleration.” This harks to old Marxist-Leninist notions of exacerbating social contradictions, although for Marxists these are class based in capitalist societies whereas the alt-Right sees race and ethno-religious differences as the main fault lines to be exploited (precisely because capitalism is seen to aggregate ethnicities into socio-economic classes, thereby diluting the racial or ethno-religious basis of “proper”–read: Anglo-Saxon–governance).

Ironically, the alt-Right and white supremacists share Lenin’s view that democracy is “capitalism’s best possible political shell,” and they, like him, see it as an impediment to “pure” government (be it of the workers or of a chosen racial or ethnic group, respectively). Lenin believed that democracy blinds workers to their common interests because of the false promise of choice offered by the universal vote. Conversely, Alt-Right adherents and white supremacists believe that democracy (both in terms of the right to vote and in legal protections for minorities, etc.) gives too much power to “inferior” or “replacement” groups, thereby impeding merit-based efficient (read: White) governance. Perhaps both are right.

All of this happens in a context where public cynicism about political elites runs deep in both mature and emergent democratic societies. Venality, corruption and instrumental opportunism are rife throughout the so-called ‘free” world, leading to disenchantment and anger towards “the system” as a whole. This creates the space where conspiracy theories, false alternative narratives, fear-mongering, scape-goating and other deliberate distortions of the truth take hold in the collective consciousness. Some of this is at play on the Left side of the political spectrum but the majority of notions about the existence of a (presumably homogeneous in outlook and transnational in manifestation) Deep State, climate change being a hoax, 9/11 being an inside job, etc. come from the Right, harking back to previous incarnations of paranoid fantasies like those of the John Birch Society and various anti-Semitic cults that see Jewish control behind every major social organisation. In fact, pushed by social media connectivity, new and old Rightist tropes have merged into a particularly nasty amalgam of hate and manipulated ignorance.

The convergence of hate speech enthusiasts, climate change deniers, bigots, xenophobes and assorted conspiracy mongerers has been facilitated by social and alternative media platforms, which has given them common ground and global reach. They fight vigorously to defend their “right” to voice retrograde views while working equally as hard at propagating all sorts of subterfuge and stupidity in pursuit of their ulterior motives.

The saddest part is that this syndrome has seeped into mainstream politics throughout the democratic world, with Right-oriented parties now adopting both dis-and misinformation campaigns and “cloaking” as political tactics. National-populist parties provide the most obvious example, but one only need to look at the GOP in the US or the ACT and National parties in NZ to see how this seepage works. If I was uncharitable I would call it the “Trump tactic dispersion effect:” lie, deny, invent, obfuscate and obstruct in pursuit of partisan and personal gain without regard to the negative impact it has on the political system as a whole. The GOP is too far gone to recover from its MAGA infection, but the NZ Right parties need to be called out on their attempts to model some of their tactics on Trump’s approach and those of the alt-Right.

The irony is that the major beneficiaries of this dispersion effect are authoritarians, both those internal to the societies in question as well as the foreign despots who see utility in the weakening of democracy world-wide (and who therefore encourage and support disinformation/cloaking efforts globally).

After all, the deadliest thrusts of sharp power are into soft targets.

Hate crimes law so that the Police can collect stats?!

TV3 had a piece in the first segment tonight about the Police wanting hate crimes legislation. Oddly they twice said that the reason the Police want the change in legislation is so that they can collect statistics on racially motivated crimes.

This makes me puzzle about four things:

  1. What are the racially motivated incidents that the Police currently can’t prosecute but would like to?
  2. Can’t the motivation of a crime already be used as part of the sentencing decision?
  3. If the Police want to capture statistics about racially motivated crimes why can’t they do that now?
  4. The Police are abysmal at responding to information requests, often saying they don’t have the data (even when it’s clear they once did), what would they do with these extra statistics?

Either way around, I’d be pretty uncomfortable with the idea that something is criminal because it is motivated by racism, rather than because of its actual outcomes – if you hit someone because they’re Asian it’s just as wrong as hitting them because they’re queer, or remind you of your ex, or because you’d had too much to drink.

[I recommend Rich and Lew‘s posts about hate speech legislation which canvas some of this area]