荷兰一名14岁少年因推特恶作剧被捕

Max Harris和我们讨论了一名14岁的荷兰女孩在推特上的恶作剧如何造成她本人被捕,又如何引发关于言论自由的更大争议。

案例详情

2014年4月,一名化名为“Sarah”的14岁荷兰女孩,以“@QueenDemetriax_”为用户名在推特上恶作剧,掀起了一场全球波澜。

这名14岁的女孩给美国航空的推特账号发了这样一条消息:“哈罗,我的名字是易卜拉欣,我来自阿富汗。我是基地组织成员,6月1日我将做一件大事。 拜拜。”6分钟后,美国航空回复:“Sarah,面对威胁我们极其慎重。你的IP地址和个人信息将被送往FBI。”美国航空是2001年“911”事件中 被挟制的几家航空公司之一,那天有两架美国航空的飞机遭到挟持。

美国航空公司的回复使那名女孩大惊失色,她道了歉,也要求申请律师,但起初还沉迷于自己的信息带来的关注。在一夜间有了三万名粉丝之后她写道, “我觉得自己好像出名了 omg [我的天]”;“我一直想出名,但……不是本拉登式出名。我不是阿富汗人。”很快,她的推特账号被删除。但这并不能阻止一大批推特学她,包括“我在下一班 起飞的航班下面放了一颗炸弹。”

鹿特丹警方声称该女孩可能面对刑事指控,因为她发布了虚假或令人警惕的信息。然而,在被警方盘问后那名女孩即获释放,这个故事在4月的狂热之后也再无人问津,说明没有指控最终落实。

作者意见

这个故事提到了好几个有关言论自由的问题,但令人失望的是,主流媒体在四月中旬报道时并没有从言论自由的角度来分析。

第一个问题是:此类网上言论需要何种程度的言论自由保护。一位十四岁少年的推特是否算的上市自由言论,这一部分取决于我们是否认为对言论自由的保护应当像美国最高法院所说的那样“与内容无关”。内容无关论的支持者旨在保护一切言论,而无论其内容如何:这一派大概会说,这个荷兰的推特恶作剧也是言论自由的一种形式。然而,包括美国和加拿大最高法院在内的一些国家级法院对言论自由提供的保护与该言论的价值相对应:这些法院可能会裁定不应当因为这条推特不能有助于人类的自主性或者思想的流通就给予较少的保护。我认为荷兰的推特应当被视为是一种言论,应该更新言论的定义使其包括数字世界中的一些常规表达形式。

相关的第二点是,对虚假或者警示他人的信息定罪,是否符合言论自由的原则?Oliver Wendell  Holmes在“Schenck诉美国政府”案中曾有一句名言,在一间座无虚席的剧场里假装大喊“着火了”,这不应收到言论自由的保护。因此,他的观点大概是,如果我们正确理解言论自由,那么对虚假言论定罪就和言论自由的原则完全相符。《欧洲人权公约》第10(2)条也对言论自由做了限制,以防范“混乱与犯罪”,还有其他一些理由。不过也有人会问虚假或者警示他人的信息是否能够造成足够的伤害,以至于需要限制言论自由。我的观点是,定罪与言论自由的原则不冲突。在本例中,定罪是为了防止美国航空及其乘客中可能出现的重大混乱。

- Max Harris

继续阅读:


评论 (6)

读者须知:自动翻译由Google翻译提供,虽然可以反映作者大意,但不一定能提供精准的译意。

  1. This girl, Sarah, fabricated a message that was inappropriate beyond belief. In her tweet she mentioned the name ‘Ibrahim’ and said that he was from Afghanistan. She directed this tweet towards American Airlines. American Airlines is an American company that was unfortunately the victim of an Al Qaida terrorist act in 2001. Four of their planes were hijacked by the militant Islamist organization in 9/11 which caused the death of hundred thousands of people. This event had caused so much terror and despair among the citizens who were directly or indirectly involved/affected by this tragedy. It is also the event that triggered the development of massive amounts of precautions and security that have contemporary been implemented. Sarah’s “prank” caused a major panic for this airline which then lead to an immediate FBI inspection. A prank like this shouldn’t be left with no consequences.

    I believe that freedom of speech needs to have some limits, or wise we are giving the public the right to lie, create false alarms and make ”pranks”. Without some consequences the individuals will continue to incorrectly exercise their right. If false alarms are repeatedly announced, then at one point the police and security will no longer pay attention to the warnings, putting everyone at risk. Because one day the warning will be genuine and the consequences could be fatal. Freedom of speech does not and can not justify or be an excuse to not undergo the ramifications of such acts or pranks that create distress among others. This is why there needs to be restrictions on what can and cannot be said. Causing unnecessary fear should be met with the right penalty.

    This girl has shown that she doesn’t seem to have learned from her mistake nor has she understood what impact her tweet has caused to other people. In order for to understand the wrong she has done. If it has to be done through community work, or paying charges, this disruption and fear spread throughout the people should not be taken lightly.

  2. The article above provokes many interesting questions regarding the right to free speech as well as what classifies as hate speech and what does not. As part of our English class, I have recently been studying hate speech and whether it should be protected as free speech or not. Although this may not fall under the classical categorisation of “hate speech” – (speech that offends, threatens, or insults groups, based on race, colour, religion, national origin, sexual orientation, disability, or other traits), it clearly has an intent inciting violence or possible danger. What she did is equivalent to shouting “fire!” in a busy theatre, or “crying wolf,” as the tale goes. The Dutch penal code, although it does punish the use of hate speech, “He who publicly, orally, in writing or graphically, intentionally expresses himself insultingly regarding a group of people because of their race, their religion or their life philosophy, their heterosexual or homosexual orientation or their physical, psychological or mental disability, shall be punished by imprisonment of no more than a year or a monetary penalty of the third category” does not actually have any laws regarding the use of language that may be dangerous to others. After reading this article, I read some more of @QueenDematriax_ tweets following up on what she had said, and I found a few tweets where she seemed to be mocking American Airlines for taking her threat so seriously. However, I feel that, if anything, American Airlines did not take her seriously enough, as potentially hundreds of people could have been killed if this threat were to have been real. Although I’m not saying that Sarah should have been sentenced to prison, I find it strange that a government can punish hateful language towards people with one year prison sentence, yet have no punishment when someone threatens to bomb a plane with hundreds of innocent people. Letting Sarah go without any sort of further warning or mild punishment seems too lenient of a ramification, as many people were potentially in danger. Personally, I think that the Dutch penal code should add an article limiting freedom of speech in order to ensure the safety of people in these sorts of cases, especially given the recent terror attacks. In my opinion, threats or blackmails should have an equivalent, if not more severe punishment, than that of hate speech.

  3. The 14 year old girls actions were very serious and affected many people including each person in the world called Ibrahim, the American airlines, American airlines clients, families of the 9/11 victims, and citizens of New York who witnessed the terrible attacks on the twin towers. We all agree with the fact that the 14-year old should be released from major criminal charges. This is due to her being only a 14 year old meaning she may not make the best choices all the time as the brain is still developing at that age. Also, since her being so young, criminal charges would affect her entire future. However, we do believe that she should be punished in the form of community services, as it will hopefully help her become more considerate towards others. This is because a fine would just be her parent paying but then the girl wouldn’t learn anything from her mistakes. This is why community services as a punishment would help her realize that her actions were terribly wrong by making her do work for society.

  4. This article raises an interesting question. As with all freedoms or rights, we’re always drawn to find the line in the sand. I am a proponent of free speech but I believe there are limits. Inciting violence or hate speech are often cited as taking it too far and I agree.

    So where does this case fall? The girl caused a widespread disturbance by insinuating she was a terrorist and threatening to have a plan. I believe online interactions have to follow the same laws that we do in our normal day-to-day lives. So this tweet, in my opinion, should not be protected by free speech.

    That being said, I’m glad she didn’t have the book thrown at her. This is a case of a kid being a kid. It’s good that the authorities recognized she wasn’t a threat and that she had simply made a horrible judgement call. I’m sure she learned a valuable lesson from the experience.

  5. I’ve read this article with interest. Whilst I don’t know much about the philosophical approach to this sort of thing; I hope I manage to leave a comment of some interest. In my humble opinion; the tweets from this 14 Year old girl cannot be excused as a form of free speech. These comments must have caused distress to those involved. However I’m sure that authorities we rely upon have done far worse. Whilst these tweets where unacceptable; young people have a strong propensity towards foolishness and frivolity, and need to be protected. Remember people have been tortured to death for far less. Sarah may be deported to the US and forced to make a plea bargain, followed by a trail and very long prison sentence in draconian, violent conditions. We should be ready to campaign for justice, regarding this case.

  6. I read the above article with great interest; which was very well written and thought provoking. I must first comment that I have no special knowledge of this sort of issue; but perhaps some more personal involvement with cases similar or more obfuscated aspects of this sort of case. First of all this Dutch girl appears to have been extremely silly by sending these tweets to American Airlines. I personally do not believe that free speech should extend as far as these tweets we have read about. I do however believe that young people have a propensity toward foolishness and frivolity; and need to be protected. The United States may demand deportation of this Dutch girl to the US and she could face an extremely long prison sentence, in very draconian, violent conditions. Let us not forget those tortured to death for far less, where the ‘war on terror’ is involved. I really do believe we cannot allow free speech to reach out as far as acts or communications that endanger people. However, albeit this is a very invidious statement to make; we must defend free speech in every way and not become apathetic towards all the indirect suppression of free speech by the duplicity of powers that be. If you look simply look at today’s news, surely one can quickly come to the conclusion that certain stories are perceived as propaganda weapons, rather than news. Anyone who speaks out of tune with the ‘party song’ in these circumstances with be ridiculed and silenced. Many people in the public eye have fallen foul of this sort of thing. We must ask our selves, just how much do we feel the need to appease our peers, and how safe would we feel if our opinion favored those generally hated by the majority. This Dutch girl may not have genuinely supported the Taliban; but in all the hysteria and with all the miscellaneous driving forces against her; who will care.

以任何语言评论

精选内容

向左划动浏览所有精选内容


“言论自由大讨论”是牛津大学圣安东尼学院达伦多夫自由研究计划下属的学术项目。

牛津大学