Free Speech Debate

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1We – all human beings – must be free and able to express ourselves, and to seek, receive and impart information and ideas, regardless of frontiers.»
2We defend the internet and all other forms of communication against illegitimate encroachments by both public and private powers.»
3We require and create open, diverse media so we can make well-informed decisions and participate fully in political life.»
4We speak openly and with civility about all kinds of human difference.»
5We allow no taboos in the discussion and dissemination of knowledge.»
6We neither make threats of violence nor accept violent intimidation.»
7We respect the believer but not necessarily the content of the belief.»
8We are all entitled to a private life but should accept such scrutiny as is in the public interest.»
9We should be able to counter slurs on our reputations without stifling legitimate debate.»
10We must be free to challenge all limits to freedom of expression and information justified on such grounds as national security, public order, morality and the protection of intellectual property.»

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Home | Case studies | Censoring The Scorpions

Censoring The Scorpions

In 2008, six British ISPs blocked access to a Wikipedia page featuring an album cover with an image of a prepubescent naked girl, writes Maryam Omidi.

scorpions1

The case

On 5 December 2008, six British internet service providers blocked access to a Wikipedia page belonging to the German heavy metal band, The Scorpions. The entry was about the band’s album Virgin Killer, which features on its cover an image of a prepubescent naked girl with a broken glass effect covering her genitalia. The cover generated controversy when it was first released in 1976 and was sold in a black plastic covering in several countries. In the US and the UK, it was eventually replaced by an image of the band.

The ISPs blocked the page after it was blacklisted by the Internet Watch Foundation (IWF), the UK’s self-regulated online watchdog, which had responded to a complaint lodged by a member of public. The decision angered UK Wikipedians, some of whom were unable to edit the site – one of the unintended consequences of the block. According to a report from the Electronic Frontier Foundation, the entire online encyclopedia became unavailable to some users, whose ISPs’ filtering systems were overwhelmed by the traffic. On 9 December 2008, the IWF reversed its decision. In a statement, the watchdog said that despite the album cover’s potential illegality, the “length of time the image has existed and its wide availability” made censoring it futile.

Author opinion

I can understand why the image of a naked child set off alarm bells at the IWF and do think that if the album cover belonged to a contemporary band, the debate would have been very different. But the fact is that the image of the album cover was widely available online (including on Amazon) and had been around for more than three decades – a conclusion that the IWF eventually reached. However, what was most problematic in this case was the IWF’s lack of transparency in its decision-making, including its failure to discuss the matter with the Wikimedia Foundation. This is all the more problematic given that the IWF is a private, self-regulatory organisation funded by the EU and the internet industry rather than a public, accountable regulatory body.

- Maryam Omidi
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Published on: July 2, 2012 | No Comments

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Free Speech Debate is a research project of the Dahrendorf Programme for the Study of Freedom at St Antony's College in the University of Oxford. www.freespeechdebate.ox.ac.uk