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test-culture-mmctghwbsa-pro04b | Policies which ban will interfere with business practices, restrict free expression, and be are difficult to standardize. If ads do not sell, they will be rejected and when ads are effective they are likely to continue in pursuit of gaining consumers. Business has the right to set business practices which work for them. Restricting the content of advertising restricts free expression. In fact, Sweden rejected a ban on sexist advertising because it was believed to restrict free expression.1 1 Holmes, Stefanie. "Scandinavian split on sexist ads" BBCNews |
test-culture-mmctghwbsa-pro03a | Since advertising is pervasive in mediated messages, it has the power to influence social attitudes. Adverts occupy more public space than ever before in history. Due to technology, public space is global and ads can been seen around the world, in 2009 the UK became the first major economy where advertisers spend more on internet advertising than on television advertising1. Through such dominance, ads contribute to attitudes and values. Due to their power to influence attitudes within a society, serious attention should be paid to the content of advertising. 1 Sweney, Mark, 'Internet overtakes television to become biggest advertising sector in the UK', The Guardian, 30 September 2009 |
test-culture-mmctghwbsa-pro04a | Policies should be established which ban the promotion of sexist attitudes in advertising. Norway and Denmark have already developed policies to restrict sexist advertising1. In 2008, the UN Committee to Eliminate Discrimination Against Women calls upon states to taken action and in particular the United Kingdom government to address this issue.2 In May of 2011 Parliamentary Assembly of the Council of Europe 's Committee on Equal Opportunity for Women made a case for sexist advertising as a barrier to gender equality. In that report standards were presented and methods to cope with sexist advertising were suggested.3In Australia a government advisory board has developed a list of principles to guide both advertising and the fashion industry.4 1 Holmes, Stefanie. "Scandinavian split on sexist ads." BBC news. 2008/April 25 accessed 2011/08/25 2 Object.com. "Women are not Sex Objects." 3 Parliamentary Assembly of 26 May 2011, The Council of Europe. 4 Kennedy, Jean. "Fashion Industry asked to adopt body image code." ABCNews. 2010/June 27 |
test-culture-mmctghwbsa-con01b | Although business has a compelling self interest to make a profit and advertising is integral to that endeavour, business does not necessarily sacrifice its profit when curbing sexist advertising. If messages are harmonizing with social attitudes, then advertising which appeals to the greater good of gender equality does not necessarily harm but could enhance business credibility. The Benneton ads have often embraced a social consciousness to promote the public good while making a profit. The affirmative has acknowledged that for advertising to be effective they have to connect to values held within the community. As more awareness develops about the negative influence of sexist advertising, business is likely to benefit from the banning of sexist ads. |
test-culture-mmctghwbsa-con02a | Sexist advertising is subjective so would be too difficult to codify. Effective advertising appeals to the social, cultural, and personal values of consumers. Through the connection of values to products, services and ideas, advertising is able to accomplish its goal of adoption. Failure to make meaningful appeals to audience members seriously diminishes the outcomes of marketing. Since differing beliefs about beauty, body types, sexuality, and gender roles exist across societies and cultures, universal definitions of sexist advertising are too difficult to determine. As an example, biological differences exist between women and what may be considered excessively thin in one society may not be so in another. Any type of censoring calls into questions such as who will censor and how will such censorship be applied. The development of standards could favour cultural imperialism. Therefore, sexist advertising is too difficult to codify. |
test-culture-mmctghwbsa-con04a | Individuals have a choice and right to respond to ads and their meaning. Consumers have a choice to expose themselves to advertising through their own personal behaviour. Advertisements can be ignored by the consumer and deleted at will. Interpretation of the ad depends on the attitudes of the receiver. The purchase and consumption of beauty products is the personal choice of a buyer. How ads attract and influence is determined by individual beliefs and values of the audience member. Some feminists believe that institutional power structures set up a "victim" mentality in women and fail to empower them by placing dependence upon power structures to make choices for women.1 If consumers wish to embrace the ideals or values represented in ads, this should be their choice. Therefore the right to self determine one's consumer behaviour should be left to the individual. 1 Thomas, Christine. "The New Sexism." Socialism Today, Issue #77. 2003/September |
test-culture-mmctghwbsa-con03a | Any changes in advertising should come from businesses themselves rather than through banning. Banning requires a legal framework and enforcement mechanism. External organizations interfere with the ability of business to conduct business. Should the social cultural environment change, businesses are likely to respond to the attitudes of their consumers. A recent change in the California Milk Board's website occurred due to public pressure.1 Social corporate responsibility is another possibility which business could embrace if changing social attitudes develop.2Banning is a repressive method which interferes with competition. Self determined methods should be allowed to competitors in the economic marketplace. Therefore, any changes in advertising should come from the business community rather than through banning. 1 Kumar, Sheila. "Milk Board Alters Sexist PMS-Themed Ad Campaign." The Huffington Post. 2011/July 22. 2 Skibola, Nicole. "Gender and Ethics in Advertising: The New CSR." Forbes.com. 2011/August 4 |
test-culture-mmctghwbsa-con04b | It is true that individuals do have the right to consume media and have some power over how they perceive and respond to media. However, since the nature of advertising is always planned for public consumption, then ads contribute to existing attitudes inside a person. When slaves in the U.S. were marketed and sold according to the content of advertising, a social system was being perpetrated. When the injustices of slavery were acknowledged both the business and the marketing of slaves ceased to exist. When the greater social good of justice is held over individual choice, social good should prevail. Advertising which demeans the value of certain groups of citizens is not appropriate for the public marketplace. Although Individual choice and freedom of choice are to be valued, public messages by the nature of their public audience, must serve the greater society. Pornography in the public airways is often regulated and banned because it is seen as potentially harmful to women and children of a society. Due to the public nature of advertising then, the greater society has a more important right than that of individuals. |
test-culture-mmctghwbsa-con02b | Although there is a claim that sexist advertising is to difficult to codify, such codes have and are being developed to guide the advertising industry. These standards speak to advertising which demeans the status of women, objectifies them, and plays upon stereotypes about women which harm women and society in general. Earlier the Council of Europe was mentioned, Denmark, Norway and Australia as specific examples of codes or standards for evaluating sexist advertising which have been developed. |
test-culture-tlhrilsfhwr-pro02b | Opposition agree that the culture and law of a nation has a prodigious impact on the conscience of its civilians. However, according to Alcinda Honwana, an anthropologist and authority on the topic of child soldiers, the problem does not "have its roots in African traditional culture." [i] Although culture has an impact on society, the issue of child soldiers is not affiliated with it. Side proposition implied that conscripting children should be excusable if it is permitted by an authoritative body of local law. However, are laws based on value-sets that do not aspire to an accessible law making process more valid than the abiding law of that nation? No. Side opposition believe that the "rule of law is a legal maxim according to which no one is immune to the law.” The fundamental purpose of government is the maintenance and promotion of basic security and public order. Without it the nation will deteriorate. The proposition mentioned the Democratic Republic of Congo as an example. The DRC signed the “Convention on the Rights of the Child” on 21 September 1990. During this time era, Congo was not a declared democracy. However they have hitherto developed a more democratic and stable government. Additionally, DRC has not withdrawn from the Convention on the Rights of the Child, thus accentuating the fact that they are strongly against conscription of children. Being oblivious of the fact that conscripting child soldiers is illegal is no defence. As side opposition’s substantive material will show, both national and international systems of law are expected to take account of the fact that cultural, environmental and social plurality will lead to variable rates of compliance with particular laws. While it may be difficult to make community leaders liable for the creation of child soldiers, the ICC frequently seeks to make officials linked to state actors liable for failing to protect children from military recruitment [ii] . Moreover, cultural relativism originally assumed some degree of parity and open exchange between communities with diverging cultural values. There is no parity between the value-sets of stable liberal democratic states and the adaptations that vulnerable cultures undergo in order to survive amongst prolonged military conflict. Finally, it would damage the reputation and reduce the efficiency of the ICC if states were permitted to argue that regions in which child soldiers were active had an established tradition of military activity among the young. [i] “Children’s Involvement in War: Historical and Social Contexts”, Alcinda Honwana, The Journal of the history of Childhood and Youth, Vol 1 2007 [ii] The Prosecutor v Thomas Lubanga Dylio, The International Criminal Court, |
test-culture-tlhrilsfhwr-pro03b | The proposition understates the extent to which the needs of child soldiers are catered to by international justice bodies. The Paris Principles [i] , which are used to guide the formation and functions of national human rights organisations, state that “3.6 Children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups should be considered primarily as victims of offences against international law; not only as perpetrators... 3.7 Wherever possible, alternatives to judicial proceedings must be sought, in line with the Convention on the Rights of the Child and other international standards for juvenile justice.” Although not strictly binding, an onus is placed on bodies such as the ICC to seek alternatives to the trial process when dealing with children. (The Principles define a child as anyone less than 18 years of age). Even where children are placed in the role of officers or recruiters, they are unlikely to be tried in the same fashion as an adult. This leaves only the issue of social exclusion following the process of demobilisation and treatment. Many of the problems of reintegration highlighted by the proposition do not seem to be uniquely linked to ICC prosecutions. Columbian child soldiers are as likely to be perceived as threatening whether or not they have come to the attention of the ICC. The ICC does not create negative stereotypes of former child soldiers. As noted above, it seems perverse to give military commanders an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Ranking officers are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. Realistically, the commanders of child solders, and the politicians who sanctioned their use are the only class of individuals pursued by the ICC. Where the boundaries between community leader, military officer and political leader become blurred, the court will always be able to fall back on its discretion. Practically, however, this mixing of roles is only likely to be observed in marginal communities a few major conflict zones. This does not favour stepping away from established judicial practice in order to create an entirely new form of defence. [i] “Principles and Guidelines On Children Associated With Armed Forces or Armed Groups”, International Workshop on National Institutions for the Promotion and Protection of Human Rights, 2007, |
test-culture-tlhrilsfhwr-pro01a | Cultural relativism and adapting to conflict The issues underlying all debates on child soldiers go to the very heart of intercultural justice, politics and governance. International and supranational legislation notwithstanding, the notion that children should be protected from all forms of violence at any cost is expressly western. The facts stated in the introduction are not sufficient to support the creation of a defence of cultural relativism to charges of recruiting and using child soldiers. “Cultures” are not simply sets of practices defined by history and tradition. They are also methods of living, of survival and of ordering societies that change and develop in response to societies’ environments. Within many communities, children are inducted (or induct themselves) into military organisations as a result of necessity. The traditional providers of physical safety within a society may have been killed or displaced by war. Communities left vulnerable by long running and vaguely defined conflicts may have no other option but to begin arming their children, in order to help them avoid violent exploitation. A great many child soldiers in South Sudan actively sought out units of the rebel army known to accept child recruits [i] . Following the death of parents and the dispersal of extended families, children gravitated towards known sources of safety and strength – organisations capable of providing protection and independence within nations utterly distorted and ruined by conflict. Western notions of inviolate childhood, free of worry and violence, are merely a cultural construct. This construct cannot be duplicated in societies beset by forms of privation and conflict that have been alien to western liberal democracies for the last seventy years. Attempting to enforce this construct as law- and as a form of law that can trump domestic legislation- endangers vulnerable communities, inhibits the creation of democratic norms and can even criminalise the children it claims to protect. [i] “Raised by war: Child Soldiers of the Southern Sudanese Second Civil War”, Christine Emily Ryan, PhD Thesis, University of London, 2009 |
test-culture-tlhrilsfhwr-pro01b | Side proposition are attempting to make an argument in favour of reforming the ICC’s prosecution guidelines, but are doing so in terms of the culturally relative definition of adulthood. In other words, side proposition are trying to discuss war, realpolitik and international justice using the language of social anthropology. This approach is flawed. Arguments about the appropriate age to allow a child to hunt, to leave school or to marry pale beside the life-and-death significance of participation in warfare. A child does not become an adult by acting like a soldier, and those who recruit children into military organisations do not necessarily view them as adults. Indeed, children are seen as easy targets for recruitment, due to their emotional immaturity, their gullibility and deference to those who wield authority. Children may join armed groups out of necessity, and in the interests of survival, but this does not mean that those armed groups should accept child volunteers, or should escape criminal liability when they do so. Although the west is now a safe and prosperous place to live, the categories of war crime that the ICC prosecutes were created in response to the depravity and ruthlessness of conflicts that liberal-democracies experienced directly. The developed, liberal democratic world is not blind to the sense of necessity that drives children to take up arms. However, it understands only too well that child soldiers are unnecessary. Children do not autonomously organise into armed militias – they are recruited by states and groups with defined political and military objectives. Such groups should be aware that there is no value or necessity underlying the use of children in combat, and should be made legally accountable when they flaunt this norm. |
test-culture-tlhrilsfhwr-pro04b | The ICC is not likely to target children or the leaders of marginalised communities when prosecuting the use of child soldiers. Officials of states parties who play a role in commanding and deploying military units can be held liable for failing to prevent the use of child soldiers at a local level. If the agony of their circumstances forces a community to recruit ever younger boys into its militia, then officers, ministers or heads of state, along with the commanders of non-state actors, can be brought to trial for allowing children to be used as soldiers. This will be the case whether these individuals do so negligently or by omission. A guilty party need not engage in a positive act. ICC prosecutors and judges exercise their discretion in order to avoid the types of injustice that the proposition describes. The lack of prosecutions relating to the ad-hoc use of child soldiers by pro-independence groups in South Sudan underlies this fact [i] . Moreover, the ICC is bound by the principle of complementarity, an obligation to work alongside the domestic courts and legislators of the states that refer potential war crimes to the international community. If a state’s corpus of law allows for a margin of appreciation in judging the actions of isolated and endangered communities, these principles must also be reflect in the investigation and inquiries conduct by the ICC. Complementarity enables the ICC to function with the flexibility and insight that proposition assume it lacks. [i] “Raised by war: Child Soldiers of the Southern Sudanese Second Civil War”, Christine Emily Ryan, PhD Thesis, University of London, 2009 |
test-culture-tlhrilsfhwr-con03b | As noted above, the definition of adulthood accepted within western liberal democracies is not a cultural absolute. It can be argued that the legal cut-off point- be it sixteen, eighteen or twenty-one years of age- is largely arbitrary. Children who care for disabled parents take on adult responsibilities inconceivable to many undergraduate students. Many developing world cultures would regard the under-emphasis of practical skills and physical training that exists in the education systems of knowledge-based western economies to be tantamount to neglect. In both war-torn Afghanistan and peaceful Botswana, a boy of fourteen is considered old enough and able enough to hunt; to protect his younger siblings; to marry or to be responsible for a harvest. Why should an Afghani child or his parents be condemned for allowing him to participate in the defence of his community? A family in a similar position in Botswana may never have been confronted with that choice. Although they might find the idea appalling in peace-time, the pressing necessity of war can cause opinions and beliefs to become highly flexible. This restatement of cultural relativism goes hand in hand with side proposition’s concluding objection. Although a culture can quickly assimilate and normalise necessary practices- such as arming children- it need not think that they are objectively good and valuable. It may be keen to abandon the practice. A community that responds to an urgent need to arm children may not want to arm children. Side opposition regard the use of child soldiers as symptomatic of cultural depravity, of a callous attitude to suffering. This approach patronises communities subject to privations and abuses now unknown in the west. It assumes that traditions cannot be overturned and that societies in the developing world will hasten to use their children as cannon-fodder for without devoting any thought or debate to the risks involved. |
test-culture-tlhrilsfhwr-con01b | The purpose of the resolution is not to eliminate conflict in the developing world. Side proposition are merely seeking to remove the harmful side effects of the way in which the use of child soldiers is currently prosecuted – the risk of criminalising children and teenagers, the stigma attached to being a child soldier, and the condemnation of communities that rely on child soldiers for protection. Children are already the victims of atrocities perpetrated against civilians. They already volunteer to engage in military service. Armed groups that target civilian populations have already broken international law and have proven willing to do so repeatedly. Children will always be a target, whether or not they have sought out the means with which to defend themselves. With the international community unwilling to provide wide-ranging policing and supervision of international legal norms, it is not just to condemn individuals and communities who unwillingly take up arms to try to survive attacks by groups who flagrantly disregard international law. Peaceful communities forced to adopt abnormal survival strategies in the face of lawless aggression should be given the opportunity to compel the ICC to make situation specific judgments. |
test-culture-tlhrilsfhwr-con02a | Punishing objectively harmful conduct Of the tens of thousands of children exposed to armed conflict throughout the world, most are recruited into armed political groups. Quite contrary to the image of child soldiers constructed by the proposition, these youngsters are not de-facto adults, nor are they seeking to defend communities who will be in some way grateful for their contributions and sacrifices. Child soldiers join groups with defined political and military objectives. Children may volunteer for military units after encountering propaganda. Many children join up to escape social disintegration within their communities. Several female child soldiers have revealed that they joined because to escape domestic violence or forced marriage. Many children who do not volunteer can be forcibly abducted by military organisations. One former child soldier from Congo reported that “they gave me a uniform and told me that now I was in the army. They said that they would come back and kill my parents if I didn’t do as they said.” [i] Once inducted into the army, children are vulnerable to abuse and exploitation. They are usually viewed as expendable, employed as minesweepers or spies. The inexperience and gullibility of children is used to convince them that they are immune to bullets, or will be financially rewarded for committing atrocities. Many children are controlled through the use of drugs, to which they inevitably become addicted [ii] . For every account the proposition can provide of a child who took up arms to defend his family, there are many more children who were coerced or threatened into becoming soldiers. Whatever standard of relativist morality side proposition may choose to employ, actions and abuses of the type described above are object4ively harmful to children. Moreover, the process of turning a child into a soldier is irreversible and often more brutal and dehumanising than combat itself. Proposition concedes that child soldiers will be in need of care and treatment after demobilising, but they underestimate the difficulty of healing damage this horrific. The use of child soldiers is an unpardonable crime, which creates suffering of a type universally understood to be unnecessary and destructive. It should not be diluted or justified by relativist arguments. It would undermine the ICC’s role in promoting universal values if officers and politicians complicit in the abuses described above were allowed to publicly argue cultural relativism as their defence. Moreover, it would give an unacceptable air of legitimacy to warlords and brigands seeking to operate under the pretence of leading legitimate resistance movements [i] Child Soldiers International, [ii] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p299, |
test-culture-tlhrilsfhwr-con03a | Universal rights and collective compromises Cultural relativism is the philosophical belief that all cultures and cultural beliefs are of equal value and that right and wrong are relative and dependant on cultural contexts. Accordingly, relativists hold that universal human rights cannot exist, as there are no truly universal human values. If rights are relative, the laws that protect them must also be relative. If we accept proposition’s contention that culturally relative values can evolve in response to conflicts and crises, then any perverse or destructive behaviour given the force of ritual and regularity by a group’s conduct can be taken to be relative. If the group believes that a practice is right, if it ties into that group’s conception of what is just and good or beneficial to their survival, then there can be no counter argument against it – whether that practice has been continuous for a hundred years or a hundred days. Systems of law, however, reflect the opinions, practices and values of everyone within a state’s territory, no matter how plural its population may be. Similarly, objections to specific aspects of the universal human rights doctrine are fragmentary, not collective. While a handful of communities in Yemen may object to a ban on the use of child soldiers, many more throughout the world would find this a sensible and morally valuable principle. It is necessary for both the international community and individual nation states to adjust their laws to reconcile the competing demands of plural value systems. Occasionally, a value common among a majority of cultures must overrule the objections of the minority. It is perverse to give charismatic leaders who convince impoverished communities to send their sons and daughters into combat an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Officers, politicians or dissident commanders are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. The commanders of child soldiers are the only class of individuals who should fear the ICC. |
test-culture-mmctyshwbcp-pro01b | It is entirely possible for child performers to achieve high grades. For example, Jodie Foster graduated magna cum laude from Yale University, despite having been a child star. [1] Child performers who spend a lot of hours on-set will also have access to a certified teacher who acts as their personal tutor during that time. [2] In addition, as long as the child performer obtains a sufficient understanding of the core academic curriculum, it doesn’t matter if they are more interested in their chosen career area than in formal education, especially if they plan on continuing on that career path into adulthood. [1] Yale Office of Public Affairs & Communications, ‘Yale Alumni Go to the Oscars’ [2] On Location Education, ‘Teacher Requirements’ |
test-culture-mmctyshwbcp-pro06b | Banning child performers could be successful for professional child performers in regulated industries but it would be much more difficult to prevent child performers on a small scale. It will also be very difficult to get a balance between allowing children to develop in their chosen profession or sport while preventing them from actually engaging in any performance that displays that talent. |
test-culture-mmctyshwbcp-con02b | If child performers were banned, it would be the duty of the government to ensure children were not illegally performing, just as it is currently their duty to protect current child performers. In the United States, for example, Major League Baseball has begun to institute DNA testing for international players, in order to ensure that they are being truthful about their age when they come to America. [1] Banning child performers is possible, and it is the only way to truly protect children’s rights and to prevent them from the inherent physical and emotional risks. [1] Schmidt and Schwartz. “Baseball’s Use of DNA Raises Questions.” |
test-culture-cgeeghwmeo-pro02b | Bilingual education is exactly that – bilingual. Students do not simply abandon the English language – they intensively study it. The only bilingual classes are provided in other fields such as math and science - subjects critical for future employment to ensure they do not fall top far behind. On the contrary, while immersion may teach English better, there is a lot of evidence that it tends to increase drop-out rates substantially, [1] indicating that for a number of students it is in fact less effective since it is hard to learn anything in school if you don’t attend. Even those who don’t drop out tend to fall substantially behind, hurting their educational efforts, and undermining their position in the workplace. A mathematician or scientist does not need perfect English – they do need good grades in other courses. [1] Vaznis, James, ‘Boston students struggle with English-only rule’, boston.com, 7 April 2009, |
test-culture-thbcsbptwhht-pro02a | Cultural appropriation is parallel to stolen intellectual property and should be treated in the same way. There are high standards of global intellectual property laws such as copyright and patenting for things such as medicines, and creative designs. However, these laws only apply to a few areas so this proposal would effectively widen its remit by taking intellectual property as a template for what might be considered ‘cultural property’. Many minority communities, including the Native American Navajo tribe have had their names, designs, and culture stolen or misused and have not received compensation. This highlights the embedded systematic inequalities where justice may not be brought to those of minority cultures. Reparations, monetary or otherwise, should be paid in these cases as other case studies [1]. The closest this has actually come to happening is with the Native American Navajo community. They had their name printed and used on products such as underwear, dresses and hipflasks at the popular retail store Urban Outfitters [2]. There was outrage in the community and a 'cease and desist' notice was filed in court for the products to be recalled. In addition to this the Navajo tribe called for monetary reparations to compensate for the damage done in the name of their community however, this was not granted. As the Navajo name was copyrighted this case was made much simpler before the law – as we propose cultural property theft should be. It is important to point out that many other communities which have been exploited previously have not copyrighted their name and so do not have this same opportunity [3]. This is important as with many cases, the outcome may have not resulted in anything further. The practise of reparations should be used universally as it is disrespectful to misuse the names, symbols and property of other cultures without consent. In a democracy where everybody is equal before the law, communities and individuals should be able to sue those for not giving recognition, or misusing cultural practises that have historic meaning and importance. Culture is embedded in communities with long standing traditions, theories and practises. This is evident as we do not (yet) have a single global culture, even though one might argue there is one slowly emerging. [1] Schutte, Shane, ‘6 famous copyright cases’, realbusiness, 11th August 2014, [2] Siek, Stephanie, ‘Navajo Nation sues Urban Outfitters for alleged trademark infringement’, CNN, 2nd March 2012, [3] Johnson, Maisha J., ‘What is wrong with cultural appropriation; These 9 Answers Reveal Its Harm’, everydayfeminism, 14th June 2015, |
test-culture-thbcsbptwhht-pro03b | Firstly, communities can be given credit for designs and things of other cultural significance without the use of reparations which are arbitrary and pointless. Secondly, reparations are also ineffective, it throws a one-off lump sum to the formerly oppressed. They do not benefit the most deprived in society (economically). They are not effective in combatting racism. |
test-culture-thbcsbptwhht-pro01a | Compensation rights a wrong Compensation is a basic principle of justice in any legal system. By definition it can be given to those who have had harm to reputation or dignity, emotional distress and loss of opportunities, including potential earnings. It is important to give compensation as it provides something for those who have suffered from disadvantages as a result of someone else’s actions, and it therefore helps to level out the playing field. Cultural appropriation causes clear harms – lost business, less awareness of that culture, and a feeling of inferiority. Theoretically, compensation is also beneficial as Rawls believes that it achieves 'some of the intent' of the principle of redress. This is in line with an egalitarian point of view [1]. While individual cases of cultural appropriation may not intend to harm they have an externality of harm by damaging the culture and identity as a while. This is in much the same way that those polluting often don’t intend harm, just to make a profit. [1] Gaus, Gerald F., ‘Does Compensation Restore Equality’, Compensatory Justice, Vol.33, 1991, pp.45-81, |
test-culture-thbcsbptwhht-pro04b | The notion of compensation in the case of cultural appropriation is limited. Firstly, culture is subjective and essentially defined to individual interpretation and perception, there are limited definitive lines. As a result of this, compensation would be extremely difficult to both claim and give out every time a cultural appropriation is claimed by an individual or group. |
test-culture-thbcsbptwhht-pro03a | Compensation is important to give the communities credit they deserve. Compensation can be used to level out the playing field of inequality to those who have been oppressed. They help to give communities the recognition they deserve and help to reverse intuitionally reinforced negative stereotypes. The reparations can be used to benefit the community; for example, within the community and externally in order to educate people appropriately about the struggles of a repressed community. It would help fund efforts based on the model of the US Governments of Education and State Boards of Education to develop a 'robust curriculum' involving greater accuracy in black history as well as the involvement of African American figures in history on local, national and global scales [1]. This inequality is why the reform has to be state led; it is up to the state to protect minorities. Professor Matthew Rimmer from the Queensland University of Technology believes that ''At an international level, more should be done to implement the UN Declaration on the Rights of Indigenous Peoples in respect of Indigenous intellectual property''. This was said after Chanel made a A$2,000 boomerang [2] which would seem to be in opposition to the declaration which Australia has endorsed. [1] Humphries, Arielle, and Stahly-Butts, Marbre, ‘A Vision for Black Lives’, Centre for Popular Democracy, July 2016, [2] ‘Chanel’s $2,000 boomerang sparks complaints and confusion from Indigenous Australians’, ABC News, 17th May 2017, |
test-culture-thbcsbptwhht-con03b | Who gets compensated would have to be clearly defined and yes there would be losers and some perverse outcomes. But what matters is that the system as a whole would be beneficial. While culture is complex any case would only be looking at one isolated aspect of culture; one custom. Defining this one aspect and who it belongs to would not be difficult. Compensation would not usually go to all individuals of a community but to help that community; to their community centres, NGOs etc., or to those individuals who have directly lost income as it would be with intellectual property. |
test-culture-thbcsbptwhht-con01b | Whilst globalisation is occurring and creating multibillion dollar industries all over the world, cultures are not fully immersed in each other. Nor should we want them to be as we don’t want a global monoculture. Far from sparking divisions compensation can create harmony as it forces cultures to understand and tolerate each other by learning what is acceptable and what is not. Preventing stealing of culture will encourage greater attribution of where ideas come from preventing smaller cultures from becoming marginalised in a globalised world. |
test-culture-thbcsbptwhht-con03a | No feasible system of which grounds of compensation can occur because of the fluidity of culture and cultural identity How a person identifies themselves aligns with the culture they are a part of. Szewczak and Snodgrass argue this is as the values of an individual “are influenced and modified by membership of other professional, organisational, ethnic, religious, and various other social groups, each of which has its own specialized culture and value set. Thus, individuals vary greatly in the degree in which they espouse, if at all, values by a single cultural group, such as their national culture” [1]. As a result, people can identify with several different cultures often at one time. This creates difficulties in allowing one person to seek compensation from another purely on the basis of identity politics – individuals at least partially define their own culture and it may only be one among multiple cultures they identify with. Culture itself has a complex nature; it adapts, borrows and evolves. It also influences lives in different ways and to different extents. No culture is fully homogenous. Because of this, any model for the extent of compensation would almost be impossible. Somebody with a long distant relative of which they haven't met, could potentially gain compensation for something that doesn’t directly affect them. They may even identify with the majority culture that is doing the compensating. Conversely some who identify with the culture being compensated may not be eligible for compensation even if they are directly affected. [1] Snodgrass, Coral R., & Szweczak, Edward J. "The Substitutability of Strategic Control Choices: An Empirical Study". The Journal of Management Studies. Vol. 25. 1990. |
test-culture-thbcsbptwhht-con01a | globalisation and multiculturalism. Cultural appropriation prevents assimilation between members of society and creates further divisions based on arbitrary features of one’s ancestry or appearance. If reparations (through the use of compensation) were to occur in addition to this, it would create a more polarised and divided society as an 'us and them' culture is created. A consequence of globalisation is the movement of people and the diffusion of knowledge [1]. This happens on a mass scale where it is possible for a person from India to travel across the globe to the United Kingdom (UK) and get there within 24 hours of booking their flight. With this, the spread of technology and knowledge it is inevitable that culture and identity does not remain fixed either. It also means that an increasing amount of people have more than one culture. A direct consequence of increased migration is that migrants are likely to bring with them their cultural customs. An example of this can be seen in the UK. As the UK faced more migrants from the Sub-continent of India, the popularity of different curries increased, and not just among those of Indian decent. In such circumstances cultures begin to merge as the traditional 'Chicken Tikka' recipe was adapted into a localised version called 'Chicken Tikka Masala' and was, in 2001, declared the UK's national dish. Without globalisation, Britain's £3.6bn Indian restaurant industry would not exist and it would fail to employ approximately 100,000 people [2]. Any reparations would be paltry compared to the jobs that this industry has created over decades. This is a positive thing; it brings cultures together, encourages understanding, innovation and cooperation. Forcing people to compensate for the appropriation of a culture may mean that there is less social harmony as divisions are forced between cultures. For the following generations of migrants will be forced to choose a culture as cultural appropriation encourages division between the two. [1] Stief, Colin, ‘Globalization’, ThoughtCo., 3rd March 2017, [2] Wintor, Patrick, ‘Chicken tikka Britain is new Cook recipe’, The Guardian, 19 April 2001, |
test-culture-thbcsbptwhht-con02b | The use of compensation is effective in combating more 'deep-rooted' issues of racism in society. This is because compensation gives the minority communities the recognition, credit and any financial benefit that comes with this, of which they deserve. Highlighting other cultures and their achievements by preventing cultural appropriation will change attitudes so encouraging equality of treatment. |
test-digital-freedoms-phwnaccpdt-pro02b | It is simply not true that people are bothered by their personal information getting out, or at least they are unwilling to do anything about it. In a recent survey 85% of respondents said they were aware that they were being profiled by advertisers as they browse the Internet. [1] They know that this data is what companies use to enable sophisticated advertising directed at them and to determine what the market wants. While some people feel it a bit disconcerting that their computer seems to know what might interest them, as in the case with targeted advertising based on personal search data, many others have found that the targeted advertising has made the seeking out of desired goods and services far easier. Also, a policy of disclosure such as that mandated in the EU might be employed in which services inform users that their data will be collated and give them the option to leave the site before this occurs so as to ensure that individuals really are aware. [1] Ives, D., “Anonymizer, Inc. Survey Finds Most Consumers Confused About Online Safety Measures”, Anonymizer, 19 October 2010, |
test-digital-freedoms-phwnaccpdt-pro02a | Consumers tend to feel alienated by spreading of their personal information for profit People experiencing the use of their personal details by companies have largely been found to see the process as extremely invasive and unsettling. Many have felt violated by the exploitation of their personal lives to market them products, often from people to whom they never consented to hand over information. This feeling has been demonstrated through significant public outcry and backlash, as well as empirical results showing these attitudes becoming more and more widespread, particularly in the case of online targeted advertising, which is the most well-known use of personal information. The best example of such backlash is the result of Amazon.com’s “dynamic pricing” system, in which the company varied its offerings and pricings to customers based on information gathered about them from prior uses. The result was a severe backlash that cost Amazon business until it ended the policy. [1] This has led to a blunting of the desired outcome of such marketers who experience declines in uptake rather than increased and more efficient reach of marketing. Furthermore, the targeted marketing that arises from these forms of information storage and sale can tend toward stereotypes, using programmes that favour broad brushstrokes in their marketing, resulting in stereotyped services on the basis of apparent race and gender. When this happens it is all the more alienating. [1] Taylor, C., “Private Demands and Demands For Privacy: Dynamic Pricing and the Market for Customer Information”, Duke University, September 2002, p.1 |
test-digital-freedoms-phwnaccpdt-pro03b | Companies have been making great strides in the realm of data protection and will no doubt continue to do so as it is in their interest to keep any information they have to themselves. They have far more resources and much more sophisticated equipment than the hackers, and while there are resourceful individuals out there, the power of the corporate structure allows them to fend off attacks with greater and greater effectiveness. As these security technologies become more advanced people should feel more and more comfortable with companies holding their data. |
test-digital-freedoms-phwnaccpdt-pro01a | Collecting and selling personal information is a major violation of privacy The gathering of personal data that companies undertake is done in a fashion that is fundamentally invasive of individuals’ privacy. When individuals go online they act as private parties, often enjoying anonymity in their personal activities. Companies, particular online services, collate information and seek to use it to market products and services that are specifically tailored to those individuals. In the context of the internet, this means that individuals’ activities online are in fact susceptible to someone else’s interference and oversight, stealing from them the privacy and security the internet has striven to provide since its inception. At the most basic level, the invasion of privacy that collating and using private data gleaned from customers is unacceptable. [1] There is a very real risk of the information being misused, as the data can be held, and even resold to third parties that the customers never consented to giving their data and might well not want to come into possession of their personal details. This can lead to serious abuses of individuals’ private information by corporations, or indeed other agents that might have less savoury uses for the information, most obviously the more places your personal information is the more likely it is to be lost in a data breach with 267million records exposed in 2012. [2] Even when the information is not exposed it may be used in ways that have a real impact on the individual such as determining credit scores. [3] People as a matter of principle should have control over who gets access to their private information. Giving companies that are driven by profit motive to sell on their customers’ data to anyone that might offer a suitable price stands as an absolute theft of personal information and privacy. [1] The Canadian Press. “Academics Want Watchdog to Probe Online Profiling”. CTV News. 28 July 2008. [2] Risk Based Security, “2012 Sets New Record for Reported Data Breaches”, PR Newswire, 14 February 2013, [3] Morris, J., and Lacandera, E., “Why big companies buy, sell your data”, CNN, 23 August 2012, |
test-digital-freedoms-phwnaccpdt-pro01b | Much of the “personal” data that is kept, collated, and sold is freely available online already and can be protected in many ways. The programmes that are used to collect information online, where most of this collation takes place, often do not ever gain real access to individuals’ identities, but rather only have access to search details. It is highly unlikely that any of this information could be used to identify actual individuals, and where it can it is safeguarded by laws regarding privacy. Furthermore, the information in question is put into the public sphere by individuals availing of services and may well not be guaranteed any form of special protection. They exist and are revealed in the public sphere, and belong there. |
test-digital-freedoms-phwnaccpdt-con03b | It is not particularly reassuring that it is large organisations and in particular big business that keeps these immense datasets. They have their own agendas for how they use this information and if this is simply for pushing products then many people would want no part of it. Analysis are wary about how big businesses will use big data as there is the concern that it will be manipulated, misread or even just plain wrong. [1] While the information may benefit small businesses it is not these companies that have control of the data; they are reliant on it being shared with them by the already dominant much bigger firms who are likely to choose to do business with other big businesses. [1] PewInternet, “The Future of Big Data”, Pew Research Center, 20 July 2012, |
test-digital-freedoms-phwnaccpdt-con01b | It is difficult to see how this advertising is better for business overall. The consumer still has the same amount of money so will overall still spend the same amount. They may spend it on different things as a result of more targeted advertising, assuming that the consumer is not alienated by the personalised advertising, but is that a benefit? Moreover even if companies are successful in advertising their wares more effectively to their customers, it does not change the fundamental violation of privacy upon which such advertising relies. The norm of selling personal data is hugely dangerous to engender in society, as it produces more and more a sense of entitlement to others’ personal lives. |
test-digital-freedoms-phwnaccpdt-con02a | The sort of information being kept and sold is legitimate for firms to utilize in this fashion Personal information given to companies is dispersed into the public sphere in a limited fashion. Once placed into the hands of a firm it ceases to be any sort of absolutely protected private right (if it ever was), and is instead now within the sphere of the company with which the individual has opted to interact. It is the natural evolution of how people’s information informs the economic sphere. [1] With regard to selling that information on, it is clearly information the individual is willing to disclose in the realm of commerce so it should make little difference what commercial entity is in possession of the data, especially considering that the information is then only utilized to make their experience online more efficient and valuable. It is also important to consider the exact kinds of information conventionally revealed through the personal data mining efforts of firms. They rarely even access the true identity of the user, but rather make use of second-hand information gathered from search histories, cookies, etc. to generate a consumer profile the firm hopes reflects the preference map of the user. The individual's identity is not revealed in these most frequent cases and the information is usable through the impermeable intermediary of security settings, etc. Thus firms get information about users without ever being able to ascertain the actual identity of those individuals, protecting their individual privacy, if such is a concern. [2] For this reason it cannot be said that there is any true violation of privacy. All of these data-gathering efforts of companies reflect the continuation of firms’ age-old effort to better understand their clients in order to best cater to their desires. [1] Acquisti, A. “The Economics of Personal Data and the Economics of Privacy”. OECD. 2010, [2] Story, L. “AOL Brings Out the Penguins to Explain Ad Targeting”. New York Times. 3 September 2008, |
test-digital-freedoms-phwnaccpdt-con01a | The sale of personal data makes for better advertising that benefits consumers By targeting demographics and personal profiles by way of acquiring and utilizing personal data, businesses are able to put forward their services in a more targeted fashion in order to reach their target markets and to more effectively understand the broader market more generally. The limited budgets that constrain all companies has traditionally forced producers in the mass market to advertise to broad demographics and majority markets, resulting in a relative dearth of niche markets and breadth of services available in the mass market. Utilizing personal data effectively allows firms to enrich the lives of all consumers by expanding the range of marketable products and the furnishing of services to more eclectic tastes. [1] The vast numbers of websites and services proliferating online makes it much harder for people to find what they are looking for, but more importantly what they are not looking for but would want if they knew it existed. Data-mining allows for the channels of information to flow more effectively to consumers (Columbus, 2012). On the individual level companies are able to create individual profiles from information, so they can target them directly with things that might interest them. This strategy is used on Facebook, for example, users are shown ads that most fit their profiles giving them access to services they might not have ever found without the service. [1] Deighton, J. and J. Quelch, “Economic Value of the Advertising-Supported Internet Ecosystem”. IAB Report. 2009, |
test-digital-freedoms-dfiphbgs-pro01b | Open source software is not bug-proof and requires far more updates than the closed source alternatives. In fact, the most successful open source software after the operating system Linux is Apache, an open-source web-server which holds around 65% of the global market, and MySQL, an open-source database [i] . Both pieces of software are far from innovative; they are essentially just stripped-down versions of closed source programs. Real innovation is driven by the profit motive and comes from the knowledge that a firm can capitalize on a discovery, as Google has done with its search algorithm. For this reason, the open source software movement is doomed to producing mediocrity. As governments choose IT systems for five to ten years, they should look to a reliable closed source solution which provides quality rather than buying into a nebulous idea of ‘moral software’. [i] “Microsoft’s IIS web server market share is falling.” Webserver. 3 October 2011. |
test-digital-freedoms-dfiphbgs-con03a | Closed source software is better at meeting consumer needs. Closed source software companies are more than capable of segmenting their products to reach each part of the market, as Microsoft has shown by producing its new Windows 7 operating system in a record six different versions. Microsoft’s monopoly of desktop computers ensures that if a programmer produces a niche software package or software translation for a specialized purpose, that programmer knows that potential clients will almost certainly be able to run the program if it is designed for Windows. If this monopoly is broken up and governments start to push Linux or other open source alternatives, the programmer will either have to develop for two or more platforms, thereby increasing the cost of the final product, or they will have to gamble on a single platform; both options would reduce the likelihood of the niche solution reaching the clients that need it. While open source software does allow anyone to spot a potential market and customize software to sell to that market, that access is also its great undoing. The type of accessibility that many open source products pride themselves on providing leaves projects open to abuse, either by well-meaning amateurs or intentional wreckers. Constant self-policing by the open source community is required, in order to guarantee the stability of the software it creates. An analogy can be drawn with Wikipedia, where the freedom of the mob led to defamatory statements being written about the former editor of USA Today [i] . Governments should be wary of relying on an anarchic, self-organising community to serve their IT needs, no matter how smart and well intentioned the members of that community may be. [i] Seigenthaler, John. .”A false Wikipedia “biography”.” USA Today. 29 November 2005 |
test-digital-freedoms-dfiphbgs-con02b | This is a matter of national security and sovereignty, as well as one of cost effectiveness. Governments around the world are increasingly shifting their operations online, which has created a vast number of digital tax returns, criminal records, DNA databases and so on. At present, access to, and use of, this information is dependent on private companies which design software to benefit their shareholders. Open source software hands control of the software needed to access that data to the government and the nation itself, and gives it the ability to shape the data and software based on its own interests. Hackers have often attacked Microsoft products because of the ubiquity of its closed source software. Hack and malware attacks are ultimately speculative ventures. They target systems that have not received essential security software updates; systems that are operated by naive and inexperienced users; or delicate specialist systems that can be disrupted by a high volume of legitimate, non-aggressive commands and interactions. Such opportunistic attacks are more likely to succeed if hackers are able to direct their efforts toward uncovering the flaws in a single operating system – such as Windows. In the past, attacks have focussed on consumers and small businesses. By moving away from closed source products, governments can decrease the likelihood that crucial government data will be compromised by a hacker or a virus attack. |
test-digital-freedoms-aihwbasmn-pro01a | Free speech is not useful in this context, as riot is never legitimate in a free society Riots should not be tolerated in a free society as there are already legal and peaceful methods of dissenting such as through demonstrations, petitions, and contacting your representative in Parliament. It demonstrates a fundamental unwillingness to engage with not only the apparatus of the state, but society more generally. Rioters have no regard for the public, and the violence and damage they cause harms everyone. Riots tend to do little to actually challenge the state, but rather they tend to harm the most disadvantaged, those who happen to be in the vicinity of the mobs. The freedom of speech social media provides to its users is being fundamentally misused in the context of riots. [1] When speech is used to organize violence, it must be curtailed for the sake of society as individuals security and safety is more important that freedom of speech that is briefly curtailed. Violence damages long after the event whereas those who have their freedom of speech curtailed for a few hours can swiftly voice their opinions once the riot has ended and the block lifted. [1] Thomson, A. and Hutton, R., “UK May Block Twitter, Blackberry Messaging Services in Future Riots”. Bloomberg. 11 August 2011. |
test-digital-freedoms-aihwbasmn-pro03a | Would stop riots from spreading The police must try to stop riots from spreading and stop copycat rioting elsewhere. Knowledge of rioting happening elsewhere is often the Oxygen of riots; the riots in Manchester and elsewhere outside of London in 2011 were mostly as a result of media exposure. According to Greater Manchester Police chief Peter Fahy "A certain group of people saw what was happening in London and decided they seemed to be getting away with it. We knew what was absolutely critical was that there needed to be control of London. Because that was just creating more and more copycat violence up here." [1] Cutting off social media would have helped prevent the riots from spreading so ensuring that they remain small and a localised problem. [1] Pilkington, D., “Rioting in London sparked 'copycat' behaviour”, The Independent, 14 November 2011. |
test-digital-freedoms-eifpgdff-pro01a | Regulating the Internet is a means for governments to spy on their citizens Governments around the world are tracking their citizens’ activities online. [1] They can use all sorts of techniques, like automated data-mining (i.e. via trawling your Facebook and Twitter accounts) and deep packet inspection of each electronic message sent (i.e. intercepting and reading your email). All these methods are violations of important principles. The automated data-mining violates the principle that people shouldn’t be investigated by their governments unless there is warrant for it (so there is reasonable suspicion that they have been involved in a crime). Also, data mining creates many false positives, leading to citizens being thoroughly investigated without probable cause. [2] Deep packet inspection violates people’s fundamental right to secrecy of correspondence, which is a violation of privacy. The problem with these government policies is that they’re hard to control – even in democracies: much of the spying is done by intelligence agencies, which are often able to evade democratic control on account of the need for secrecy rather than transparency. [3] [1] Reporters Without Borders, Enemies of the internet, 2012 and Kingsley, Britain won’t be the only country snooping on people’s internet use, 2012 [2] US Researchers Decide Spying On Citizens Is Bad, 2008 [3] Electronic Frontier Foundation, ‘NSA Spying’. |
test-digital-freedoms-eifpgdff-con03b | Government shouldn’t interfere with the internet economy It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2] When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6] [1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012. [2] Knopper, ‘The New Economics of the Music Industry’. 2011. [3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011. [4] ‘Government IT Projects: How often is succes even an option?’. 2011. [5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011. [6] ‘Dutch government unprepared for SSL hack, report says’, 2012. |
test-digital-freedoms-eifpgdff-con01b | Internet regulation isn’t an effective and legitimate means to create a safe internet Setting up CERTs aren’t an effective means to create a safer internet, because most of the threats are a result of ‘social engineering’, which means that hackers use social cues to con people into believing frauds. People usually fall for this because of their own gullibility and naïveté, like in Nigerian email scams. [1] The most effective means of combating these threats is to educate citizens directly, the FBI already does this with Nigerian email scams. [2] People and corporations are primarily responsible for their own actions, which includes taking care of their own internet security by obtaining anti-virus software, and which also includes corporations making sure their websites are safe to use or else face liability charges if they turn out not to be. Moreover, CERTs are illegitimate. They are illegitimate because they facilitate the sharing of information on specific persons across private and public organizations and because they are hard to control democratically. For example: the US-CERT is an agency residing under the department of Homeland Security. Through the sharing of information with private parties, these private parties, unwittingly, run the risk of becoming one of the government’s watch dogs. Moreover, this sharing of information is hard to control democratically: much of the information could be classified as secret, which means that citizens have no way of verifying whether public and private organizations are complying with data sharing regulations. [1] Plumer, ‘Why Nigerian email scams are so crude and obvious’. 2012. [2] FBI, ‘Nigerian letter or “419” fraud’. |
test-digital-freedoms-eifpgdff-con03a | Internet regulation is necessary to ensure a working economy on the internet As seen above, the internet has enabled many types of criminal behavior. But it has also enabled normal citizens to share files. Music, movie and game producers have difficulty operating in a market where their products get pirated immediately after release and spread for free instantaneously on a massive scale. The internet enables violation of their right of ownership, gained through providing the hard work of creating a work of art, on a massive scale. Since it’s impractical to sue and fine each and every downloader, a more effective and less invasive policy would be government requiring Internet Service Providers to implement a graduated response policy, which has ISPs automatically monitor all internet traffic and fine their users when they engage in copyright violation. Something along these lines has already been tried in France, called HADOPI, which has succeeded in decreasing the downloading of unauthorized content. [1] Apart from this, governments also need to think about how to translate everyday offline activities onto the internet. For example, when you file your tax report offline, you would sign it with your handwritten signature. The online variant would be a digital signature. [2] Developing and deploying a digital signature would enable citizens and corporations to do business, file their tax reports and pay their taxes online. [1] Crumley, ‘Why France’s Socialists Won’t Kill Sarkozy’s Internet Piracy Law’, 2012 [2] Wikipedia, ‘Digital Signatures’, 2012. |
test-digital-freedoms-eifpgdff-con01a | Internet regulation is necessary to ensure a safe internet Citizens, corporations, and public organizations face several security threats when online: critical infrastructure systems can be hacked, like the energy transport system, [1] citizens can fall victim to identity theft, [2] and phishing, [3] whereby hackers gain access to bank accounts or other sensitive information. Specifically, it seems that the public sector is attacked the most. [4] In response to cyber-threats like these, many governments have set up Computer Emergency Response Teams (CERTs), Incident Response and Security Teams (IRTs), or Computer Security and Incident Response Teams (CSIRT; the fact that we haven’t settled on a fitting acronym yet shows how much it is still a novel phenomenon): agencies that warn citizens and organizations alike when a new threat emerges and provides a platform for (the exchange of) expertise in methods of preventing cyber-threats and exchanging information on possible perpetrators of such threats. Oftentimes, these (inter)governmental agencies provide a place where private CSIRTs can also cooperate and exchange information. [5] These agencies provide a similar function online as the regular police provides offline: by sharing information and warnings against threats, they create a safer world. [1] ‘At Risk: Hacking Critical Infrastructure’. 2012. [2] ‘Identity theft on the rise’. 2010. [3] ‘Phishing websites reach all-time high’. 2012. [4] ‘Public sector most targeted by cyber attacks’. 2012. [5] see for example the About Us page of the US-CERT or the About the NCSC page of the Dutch CERT |
test-digital-freedoms-piidfaihbg-con03a | As a business, Google shouldn’t interfere with domestic politics Business is business and politics is politics – and the two shouldn’t mingle. When a company wants to operate in a foreign country, it should respect the government and its regulations. We require the same when a company wants to operate within our territory: suppose a big Chinese company came to our home country and suddenly started criticizing our domestic policies – these are the policies of the sovereign state whose territory it is, and outsiders have no place to tell it how to run itself. [1] [1] Nicholas Deleon, TechChrunch, ‘China has every right to be upset with Google right now’, March 23, 2010. URL: Last consulted: December 22, 2011 |
test-digital-freedoms-piidfiphwu-pro02b | Consumers will find ways to evade detection Evading detection for most of the surveillance methods are relatively easy: consumers could start relying on proxy servers to hide their IP-addresses or start encrypting everything they share online to avoid being detected by fingerprinting-software. In fact, recent experience in France with its Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet (HADOPI) law suggests that despite a graduated response-policy, piracy is actually on the increase. [1] This shows that graduated response won’t do what it is supposed to do; stem online piracy. [1] Torrentfreak, ‘Piracy Rises In France Despite Three Strikes Law’, March 9, 2010. URL: |
test-digital-freedoms-piidfiphwu-pro03b | Graduated response is a draconian punishment Citizens these days rely on their internet connection for their everyday lives: banking transactions, filing tax forms, and other forms of essential communication are all done online. Cutting access to these basic services is a draconian punishment: it basically amounts to making daily life a whole lot harder. Even if essential services were to remain accessible to the offender they could lose access to things somehow considered less vital such as their online social life. The punishment in no way is proportionate to the ‘crime’ of downloading a song that would have cost 99 cents on iTunes. |
test-digital-freedoms-piidfiphwu-pro01a | The unauthorised downloading of copyrighted material should be addressed and prevented by the state Copyrighted material is intellectual property: someone worked hard for it to produce it. Downloading this content without paying the proper rights holder for it amounts to theft. Furthermore, downloading copyrighted material from an unauthorized source creates an impossible market for producers of copyrighted content, because they have to ‘compete with free’. Why would the average consumer want to pay for a download from an authorized website, when she can get the same movie from a pirate-site for free? To build a commercially viable content industry online, we need to protect this industry from the unfair competition of the parallel market. [1] [1] Piotr Stryszowski , Danny Scorpecci, Piracy of Digital Content. 2009, OECD Publishing. URL for purchase: |
test-digital-freedoms-piidfiphwu-pro01b | Downloading isn’t a crime Downloading content is not comparable to theft of material things, like cars: after downloading the original owner can still use his or her own copy. Moreover: governments have always allowed consumers some leeway for replicating content for themselves under the ‘private copying exception’ or ‘fair use’-policy. [1] Before the internet came along, this exception ensured it was legal that one person could copy a song from a radio broadcast transmission for personal use. Why should downloading a song from the internet be any different? Finally, research has shown that those who download the most from pirate sites are also the ones who buy the most music online legally – why would the content industry want to punish their biggest and most loyal customers?. [2] [1] Natali Helberger & P. Bernt Hugenholtz, ‘No place like home for making a copy: private copying in European copyight law and consumer law’. 2007. Berkely Technology Law Journal, volume 22, p. 1061 -1098. URL for PDF: [2] Ars Technica, ‘Study: pirates biggest music buyers. Labels: yeah, right’. April 2009. URL: |
test-digital-freedoms-piidfiphwu-pro03a | A graduated response is the fairest way to enforce copyright legislation First, the sanction after three warnings can be tailored to fit general notions of justice, the punishment need not be severe and could fit the crime: maybe a consumer would be cut off of the internet for only two weeks, or only cut off from accessing download sites but still be allowed to access government and banking sites, or receive a small fine. Secondly, the consumer has ample time to change his or her behaviour: a consumer can insist on infringing copyright at least two times before the sanction takes place. The consumer can easily avoid being cut off (even temporarily), meaning the punishment likely doesn’t even have to take place. [1] [1] Barry Sookman, ‘Graduated response and copyright: an idea that is right for the times’, January 10th, 2010. URL: |
test-digital-freedoms-piidfiphwu-con01b | Graduated response is not a massive privacy violation Firstly, ISPs already use Deep Packet Inspection right now, to engage in what they call ‘network management’, like checking whether users aren’t hogging up bandwidth by downloading too much via peer-to-peer software. But moreover, it is hard to see how exactly every form of deep packet inspection is a privacy violation: the inspecting is done by automated software and only checks for infringements. If no infringement is detected, no one will know what was ‘in the information packet’. Take the example of monitoring for the presence digital watermarks: basically, the monitoring-software has a database of specific ‘watermarks’ that content holders put into their videos, for example a unique combination of pixels. The software only checks whether that combination is present. If it’s not present, the software has no way of ‘seeing’ the information itself. Hence, even though it might sound scary, the technology can be designed in such a way that one can prevent it from becoming privacy violation. [1] [1] see wikipedia: Digital Watermarking |
test-digital-freedoms-aihbiahr-pro02a | The right to internet access fills a gap in traditional human rights. In our traditional human rights there is a hole when it comes to a right to receive and be able to seek out information. Almost everyone would consider freedom of speech and freedom of expression to be human rights but these rights are not very effective if there is not a way for those who wish to access that information. Michael L Best contends that Article 19 of the universal declaration of human rights on freedom of expression implies some symmetry but that freedom of authorship is privileged over freedom of readership. [1] In short governments could allow freedom of expression while ensuring that those expressing dissenting views have a very minimal audience without breaking human rights. A right to the internet is the perfect human right to fill this gap. The internet is estimated to have over 35 billion web pages, [2] and the most recent digital universe study estimates that 1.8 trillion gigabytes would be created in 2011. [3] The sheer size of the internet means that it is the ideal medium for providing this right to access information. [4] The internet is also increasingly accessible to everyone making it possible to be considered universal; it is no longer something that the poor cannot hope to have access to. There are already over 2.1 billion people using the internet worldwide including 118 million in Africa. [5] [1] Best, Michael L., ‘Can the Internet be a Human Right?’ Human Rights and Human Welfare, Vol.4 2004, p.23 (n.b. this link comes up with a warning when opened, dont worry it is safe - ahelling) [2] World Wide Web Size.com, ‘The size of the World Wide Web (The Internet)’, 17 April 2012 . [3] McGaughey, Katryn, ‘World’s Data More Than Doubling Every Two Years – Driving Big Data Opportunity, EMC2, 28 June 2011. [4] Best, Michael L., ‘Can the Internet be a Human Right?’ Human Rights and Human Welfare, Vol.4 2004, p.23 [5] Clayton, Nick, ‘Internet has More Than 2 Billion Users’, TechEurope The Wall Street Journal, 19 January 2012. |
test-digital-freedoms-aihbiahr-con02a | Internet access is a commodity not a human right. If a human right is inherent and inalienable then if something is to be a human right it has to be freely available for all rather than being much more available to those who are rich. The internet however is a commodity. We are charged for access to it and can be cut off for not paying our bills. We are charged more to be able to download more, in effect to have greater access to this human right. There has never been any suggestion that the equally great media advances of TV and telephones are technologies worthy of being considered a human right. As with the internet these increased the ability to express opinions to a wide audience, they helped democratise news and making it much more international. They meant that human rights violations could be much more easily told to the world in much the same way the internet does. |
test-digital-freedoms-efsappgdfp-pro02a | You are not going to be arrested because the government has access to your communications Clearly much of the time you really do have nothing to worry about when it comes to intelligence agencies having information about you. People are not regularly arrested without just cause and we have little evidence that democratic governments use this information to put pressure on their citizens. There have been no known cases of this happening since the start of the war on terror. [1] When it comes to foreign governments this is even less of a cause for concern; while your own government might be interested in various aspects of your life to help it with the services it provides foreign governments only have one motivation; their own national security. If you are not a threat to that national security the chances of them ever taking any action against you are essentially nonexistent. [1] Posner, Eric, ‘I Don’t See a Problem Here’, The New York Times Room for Debate, 10 June 2013, |
test-digital-freedoms-efsappgdfp-pro01a | There is no physical risk In terms of physical risk it is almost certainly true that you have nothing to fear from government having loads of information. With the exception perhaps of the Russian FSB and despite the James Bond films intelligence agencies in democracies are not in the habit of bumping people off this mortal coil. In this sense it does not matter at all what information the intelligence services have on you; no matter how naughty you may have been it is not going to be worth some kind of physical retaliation. Essentially the argument here is that it does no harm, and even does some good, so why should it not continue? |
test-digital-freedoms-efsappgdfp-pro04b | Clearly if no one ever actually looked at any information provided by surveillance then there would be no point in conducting it. Even if it were true that no one looks at any of the data being watched is still an intrusion that affects behaviour. It will affect decisions that are perfectly lawful because there will always be the slight worry that someone who you don’t want to have that information because they will think differently of you will obtain it. When the information is out of your hands you can no longer be certain who will obtain it. [1] Since people have been arrested for the information that has been conducted, clearly sometimes the information is checked and used. [1] Moore, Mica, and Stein, Bennett, ‘The Chilling Effects of License-Plate Location Tracking’, American Civil Liberties Union, 23 July 2013, |
test-digital-freedoms-efsappgdfp-con05b | Is it really an invasion of privacy if no one else knows about it even if that information is added to some giant computer database? The information we wish to keep secret remains a secret, in the unlikely event that some analyst reads the information they are never going to broadcast it to others as keeping secrets is a part of what intelligence agencies do. |
test-digital-freedoms-eifdfaihs-pro03b | The idea that there is a virtue in providing things for free takes a somewhat cavalier attitude toward jobs. It is a predicate of this, and many other, arguments that the Internet should be either free or very cheap, but this does little for protecting genuine sources of expertise. Equally the costs incurred by ISPs for carrying the huge data loads of heavy users will simply end up being met by users who aren’t using that level of data. It doesn’t seem that unreasonable that those using the data should be paying for that at least. After all, they’re already avoiding paying the studio, the writer, the actors, musicians [i] and many others involved in the production of goods. Freeware may be freely given, but plenty of other pieces of intellectual property aren’t. Why should those people then have the data usage subsidised by others as well? [i] Songwriters Guild of America. Rick Carnes. “Demythologizing Net Neutrality. |
test-digital-freedoms-eifdfaihs-pro01a | Privacy This was the clinching argument in the Dutch example. Labour MP Martijn van Dam, one of the bill’s co-authors said that Dutch ISP KPN was similar to “a postal worker who delivers a letter, looks to see what’s in it and then claims he hasn’t read it. It is simply a basic principle of the Internet that for it to continue working as it does now, all data needs to be treated the same otherwise judgements will be formed on ‘right’ and ‘wrong’ data [i] . The principle here is that the data being used is simply none of the ISPs business. Their job is simply to provide an agreed bandwidth, at an agreed price to the end user. How the end user makes use of that band width is up to them. If, for example, they’re choosing to Skype from a mobile device – one of the points of contention – it’s hard to see what that has to do with the ISP. [i] PCWorld. Matthew Honan, MacWorld. “Inside Net Neutrality: Privacy and BitTorrent. 14 February 2008. |
test-digital-freedoms-eifdfaihs-con03b | It’s no secret that many companies have had difficulty working out effective models for dealing with the internet. That doesn’t justify simple price-gouging. Neither does it justify an invasion of privacy. It’s the equivalent of a restaurant waiting for customers to order, eat their meal and then set the prices. |
test-digital-freedoms-eifdfaihs-con01b | The reverse also applies. In most countries the costs of basic infrastructure are shared. Taxpayers don’t get a discount if they don’t have kids in education, any more than they would just because they disagreed with a war that their taxes help to pay for. The argument doesn’t make sense. |
test-religion-frghbbgi-pro04b | Religion may have been the occasion for various social and political wrongs, but it is not the cause. You can be quite sure that if you took away all the world’s religions people would still identify themselves with national and political groups and go to war over territory, political conflict etc. Equally elitism and bigotry are, sadly, parts of human nature with or without religion. In fact religious belief, when taken seriously and sincerely, is a force for good in the world, promoting humility, morality, wisdom, equality, and social justice. Social justice is at the heart of the Christian gospel. |
test-religion-frghbbgi-pro04a | Religions have no true claim to special moral knowledge Religions through the ages, and still today, have been agents of repression, sexism, elitism, homophobia, and - most of all - conflict, war, and racial hatred. The very nature of belief in received wisdom means that it must be, at its core, a conservative and regressive force. Moreover the positive moral rules that religions claim to promote tend to have existed independently of those religions – the world did not have to wait for the ten commandments to learn that murder and theft was wrong, but it waited until the 19th Century to reach a consensus that Slavery was wrong. Whatever small amount of psychological comfort religious belief may give, the evils it is responsible for in the social and political worlds easily outweigh it. |
test-religion-yercfrggms-pro02a | If there is a benevolent deity, then there should not be the kinds of evil observable in the world and He would likely show more interest in His creation than He appears to have done so far: If God, or the gods, were good there would be no evil in the world. Disasters would not kill millions of innocents, disease and hunger would not claim the lives of children every day, war and genocide would not slaughter people indiscriminately as they have done for countless bloody millennia. The world is awash with blood, pain, and suffering. No loving God would make a world so imperfect and troubled. [1] The world’s ills are perfectly explained by the natural, amoral development of the Universe, of life, and of humanity. The reality of the Universe, however, is incompatible with a God of goodness, as He is conventionally described by today’s predominant religions, which stem from the Abrahamic tradition. [1] Tooley, Michael. 2009. “The Problem of Evil”. Stanford Encyclopaedia of Philosophy. Available: |
test-religion-yercfrggms-pro05a | In reality there are only two theological positions, atheism and theism; agnosticism is nothing but timid atheism: God, like unicorns, has never been shown to exist, and thus it is logical to accept that He, just like unicorns, does not exist. That is why a position like agnosticism makes no sense. There are no agnostics on the subject of unicorns; there are only agnostics on the subject of God because people tend to be reticent to say they are atheists due to the prevalence of belief of God even in the most secular societies. But fantasy is fantasy, and an agnostic is really just an atheist by another name. Were someone to claim that dragons exist, the person he told it to would not be justified responding saying he did not know whether they exist and that it must be an open question until evidence is presented to corroborate the claim. [1] Rather, he would likely respond with disbelief in the absence of evidence. That is how reasoning works. Thus agnosticism is a philosophically meaningless position. There is either belief or lack of belief, atheism or theism. Opponents of atheism seeking to hide in the nebulous realm of agnosticism, or who claim that because one cannot know there is no God one must be agnostic, hold a position that is philosophically bankrupt. [1] Dawkins, Richard. 2006. The God Delusion. Ealing: Transworld Publishers. |
test-religion-yercfrggms-pro04a | The nature of God as it is conventionally described is logically contradictory: A creator god is a logical absurdity, as demonstrated by empirical fact and rational reflection. Certainly God cannot exist outside of the Universe, as such a concept is effectively meaningless. In fact, physics explains that when the Universe expanded as an inflating field of space and time as the result of a quantum fluctuation, causality itself arose from the process, making a causative agent “prior” to the Universe not only unnecessary, but also impossible. Furthermore, the idea of an omnipotent God is logically contradictory because if God were omnipotent He would be able to create an entity greater than Himself, yet that is impossible. [1] The very attribute is logically unfounded, making the conventional explanation of God invalid. Thus atheism, the absence of belief in gods, is the only logically justified theological position. [1] Savage, C. 1967. "The Paradox of the Stone". Philosophical Review 76(1). |
test-religion-yercfrggms-con03b | If everything has a cause, then so too must the creator. Trying to place the deity outside of the spatio-temporal realm of the Universe is not a good argument, as nothing can be said meaningfully about what is “outside” the Universe, since we cannot observe or detect it. [1] Furthermore, saying God, or a creator, is uncaused and always existed is a poor argument because again this cannot be verified in any meaningful way. Irrespective of these problems, however, the argument falls down because it presupposes that the Universe has a cause, which is not necessarily the case. The very notion of causation is built into a temporal understanding of physics, which may not have been the case in the “pre-Universe”. Atheism can survive in the presence of science, theism cannot. If theism cannot survive, then neither can the agnostic middle ground based on the plausibility of theism. [1] Mackie, J. L. 1982. The Miracle of Theism. Oxford: Oxford University Press. |
test-religion-yercfrggms-con03a | Everything that begins to exist must have a cause. Since the Universe began to exist it must be caused: Every human, every being, every object in the Universe is a finite and contingent being. These all have causes, yet a causal chain cannot be infinitely long. Humans are born, stars form from gases, even the Universe had a beginning 4.3 billion years ago. Nothing in the Universe causes itself. In order to escape the logical impossibility of the infinite causality loop it is necessary to posit the existence of an uncaused cause. This cause exists outside of the Universe, as it is cause of the Universe. [1] Without a creator, the Universe is a logical absurdity. Atheism cannot provide an alternative explanation to a creator, and thus fails quite literally from the beginning. [1] Craig, William Lane. 1979. The Kalam Cosmological Argument. London: MacMillan. |
test-religion-wcprrgrhbmi-pro02b | There are, of course, risks in any medical procedure. However circumcision remains astonishingly safe. Furthermore, denying the parents of a child the right to raise that child in accordance with their own beliefs would represent an unacceptable intrusion by the state into its citizens’ private and religious lives. By implementing the resolution, a western liberal democratic state is obliging, say, orthodox Jewish parents, to compromise some of their most important moral and cultural beliefs. Ultra-orthodox Jewish groups believe, literally and without equivocation, that whoever breaks the covenant with God by not submitting to circumcision will be condemned for all eternity. The state should not compel parents (and children) to endure the moral, psychological and ideological turmoil associated with such a compromise; ultra-orthodox Jewish parents will see the state as forcing infinite harm upon their children. There are risks to giving a child a bike or taking them on a plane. Parents are aware of this but act in what they consider to be the best interests of their child. If we were to prevent parents from every taking a decision that might be risky for their children, they would never cross the street, eat a Big Mac or take up sports. |
test-religion-wcprrgrhbmi-pro02a | There is always a risk associated with surgery and taking such a risk for no particular reason is irresponsible A report by the Royal Dutch Medical Association noted that there was not a single medical body in the world that could point, categorically to a medical need for circumcision of infants. It further concluded that “The fact that this practice is not medically necessary and entails a genuine risk of complications means that extra-stringent requirements must be established with regard to this type of information and advice.” Yet this is a practice that is performed around the world by people with little or no medical training and accepted by parents as an instruction from God. Studies from the US suggest that around 230 baby boys die in America every year as a direct result of hemorrhaging following circumcision [i] . [i] |
test-religion-wcprrgrhbmi-pro01b | Neo-natal circumcision is an operation that has been performed, perhaps, more than any other. It is performed mostly for cultural or religious reasons but there is also a body of evidence that suggest health benefits. There is very little suggestion in any study of any harm to the child. In all sorts of situations societies allow parents to make decisions on behalf of their child. In the absence of proven harm and in the presence of possible benefits in terms of health and hygiene there is really no danger in allowing the parents this option. Those problems that can arise from the surgery are both very rare and as a result of faulty surgery rather than any risks innate within the process itself [i] . This is mostly a religious or cultural decision that has survived within communities for thousands of years without howls of protest and with no proven harm. In the absence of a sizable body of opinion calling for it to be ended, why do so? [i] Philip G. Koltz MD. “In Defence of Circumcision.” Letters to the Journal, Journal of the Canadian Medical Association. 29 October 1966. |
test-religion-wcprrgrhbmi-con03b | It is possible to perform this operation at any time during a person’s life and there is no compelling need to perform it on extremely young children. Doing so violates the child’s right to be free from pain. Indeed the deliberate and unnecessary infliction of pain on a minor in any other circumstance would be considered abusive, it is clearly illogical not to consider it so in this instance. The only reason why circumcision is not considered abusive is that it is so commonplace. However, only a couple of generations ago (and to this day in many nations) so was the routine use of physical punishment in schools, which many now consider abusive and repugnant. |
test-religion-wcprrgrhbmi-con02a | A practice that is thousands of years old and has not been found to cause harm during that time is unlikely to now Where there compelling evidence from medical science that a process that predates it had some proven harm then there might be good reason to restrict it but that evidence simply isn’t there. What is known is that circumcisions have been performed for millennia without causing widespread difficulties. In addition, historically, the procedure has been performed in circumstances far less safe than the confines of a modern, well-equipped hospital where it usually takes place now, and to no apparent ill effect. Even using the term ‘abuse’ to describe such a practice shows a lack of respect for those people who are genuinely victims of abuse. |
test-religion-wcprrgrhbmi-con01a | There is no proven cause of harm and parents routinely make medical decisions for children to give their consent or otherwise Circumcision is akin, in many ways, to vaccination; a routine and simple procedure with miniscule risks and compelling probable benefits. We acknowledge the right of parents to take these decisions on the behalf of their children, even if the benefits in question are primarily cultural and spiritual, and relativistic in character. Parents routinely make decisions with far greater implications for their children’s futures in terms of their education and general welfare on a regular basis and this should really be seen as no different [i] . As has been established, even in the most impromptu settings, male circumcision, unlike FGM, runs almost no risk of causing severe injury or infection. MGM does not endanger or restrict a child's development, or his ability to living and normal, fulfilled adult life. Parents make much more damaging choices for their children all the time - choices that do not involve modification of a child's body. The cost of raising a child as a junior rugby player is an increased risk that the child may sustain life changing injuries. The cost of sending a child to a Montessori nursery as opposed to a curriculum-based institution is the possibility that they may lack personal discipline or respect for authority later in life. Parents are still permitted to make these decisions, despite the impact they may have on a child’s development. Why not allow them to submit their children to a relatively minor and inconsequential aesthetic procedure? [i] Dr. Brian Morris, Professor of Molecular Medical Sciences. "Circumcision Should Be Routine; is Akin to a Safe Surgical ‘Vaccine’". Opposing Views |
test-religion-cmrsgfhbr-pro02b | It is undeniably true that greater investment in public services would help the poor. It is however, difficult to see how these two things are mutually exclusive. Indeed the results of this measure look set to considerably increase the chances of an education and healthcare for every child. |
test-religion-cmrsgfhbr-pro02a | Poor families would be helped far more by investment in education and healthcare This has been an urban and political obsession from the outset. The idea that the hungry and homeless need condoms more than food and shelter is clearly absurd. The poor would be better helped through “accessible education, better hospitals and lesser government corruption.” [i] Rather than interfering in the moral life of the nation, parliamentarians would be better exercised in tackling these concerns. This issue has consumed political energy for over a decade and received massive national and international attention and yet there are far more pressing concerns for the nation – and its political leaders. Instead this bill, which carries the marks of both political and moral corruption has been the main focus of the president and congress. At the very least this suggests a questionable sense of priority, at worst a gross lack of interest in the welfare of the Filipino people. [i] Villegas, Socrates B., ‘Contraception is Corruption!’, CBCP News, 15 December 2012, |
test-religion-cmrsgfhbr-con03a | Any body of values that claims to respect the rights of the individual must recognise the right of a woman to choose Even the doctrines of the Church accepts that pregnancy is not, in and of itself, a virtue – there is no compulsion to maximise the number of pregnancies; there is simply a disagreement about how they should be avoided. The Church recommends that couples may minimise the chance without ever making it impossible through a chemical or physical barrier. In some parts of the world a pregnancy, even one that is not planned, is seen as a time for joy – a blessing for the family that will lead to a new and happy life bringing pleasure to both parents, their society and the child. That ideal is very far from the experience of much of the world where a child is another mouth to feed on impossibly little income. For all too much of the world, that life will be cruel, nasty and short. In slums, favellas and barren wastes that life is likely to be one marked more by dysentery or diarrhea, malnutrition and misery than by the sanitised, idealised image promoted in the West. That is, of course, not to say that children everywhere cannot be a cause for joy, of course they can. Indeed even within the poorest of situations, a new child can be the focus of great joy in an otherwise hard life. However, if that is to be the case, that child must be planned and prepared for. Overwhelmingly, the mother is likely to have paramount responsibility for the child; so that planning and preparation needs to be theirs. It is difficult to imagine the scenario that would reach the objective observer to reach the conclusion that the right group of individuals to reach that decision were a group of celibate men who had never met the parents and would take to role in the care or support of the child. Yet that, astonishingly, is what Proposition would like us to believe. |
test-religion-cmrsgfhbr-con01a | This is a victory for democracy – a precious Filipino value - clear majorities in both houses and in the wider public support it Opposition have conveniently glossed over one critical issue in this debate – that the RH Bill has significant popular support [i] . It also, as has been demonstrated that a majority of elected representatives support it. In itself these two facts provide evidence that modern Filipinos are sick of the fact that around half of the 3.4 million pregnancies each year are unplanned or the atrocious reality that 90,000 women a year seek the help of back street abortionists. When many of these go wrong, they were denied access to medical care and around 1,000 die each year as a result [ii] . The values for the respect for the life of the mother, the value of life of the child, respect for the opinions of the majority, respect for democracy and placing the future of individuals and society above the outdated mythology of the Church would seem to be alive and well in the decision to pass this bill. [i] Rauhala, Emily, ‘Culture Wars: After a decade of debate, the Philippines passes Reproductive Health Bill’, Time, 17 December 2012. [ii] Ibid. |
test-religion-grcrgshwbr-pro03b | Muslim women are not the only ones to feel a cultural division over their mode of dress. Most people are affected by the societal norms surrounding them. Fashion trends could be seen in exactly the same light as religious traditions. Banning head coverings is only likely to provoke a more extreme reaction among highly religious communities1. Framing laws to ban only Islamic forms of dress could be considered an attack on one religion. Feeling under attack could cause the Islamic community to close off into itself. They could set up religious schools where their children can dress as they want them to and not mix with children from other faiths. These effects could never be good for the integration of society and would further the influence of extremists. Internationally, the perceived attack on Islamic values would inflame wider Muslim opinion, feed conspiracy theories and add to the dangerous feeling that there is a clash of civilisations. 1 'France Bans Burqas: A Look At Islamic Veil Laws In Europe', Huffpost World, 4th April 2011 , accessed on 24th July 2011 |
test-religion-grcrgshwbr-pro05b | Even though the wearing of religious symbols could be a part of that specific religions' culture and practice, it must be remembered that Western society and culture brands itself as secular and, therefore, should take precedence over clashes with minority cultural practices. In Britain there has been controversy over movements to include Sharia Law in the British legal system, which ties in with this same argument of culture clashes concerning religious methods.1 Essentially, the question arises as to how far is tolerance for different cultural practices detrimental for the maintenance of a secular British culture and state. 1 Abul Taher, 'Revealed: UK's first official sharia courts', The Sunday Times, 14th September 2008 , accessed on 23rd July 2011 |
test-religion-grcrgshwbr-con02b | Some argue that religious symbols, particularly those that are clearly seen, are not just for personal benefit. They affect the safety of the society around them. For example, there have been worries about how the Muslim full-veil may be used as a disguise for terrorists and how veils make it harder to ascertain someone's identity. Therefore, some symbols at least involve others, maybe even unintentionally, through the uneasiness and suspicion they cause. 1 'The Islamic Veil Across Europe', BBC News, 15th June 2010 , accessed on 25th July 2011 |
test-religion-msgfhwbamec-pro02b | Different systems of matrimony can easily co-exist. Arranged marriages encourage family over individualism, placing emphasis on a more considerate view of relationships that encourages development and patience rather than Hollywood romance. It is however not a rejection of western values to practice arranged marriages. As pointed out by those who have written extensively on arranged marriages, [1] people in them often have a view of relationships that sees their spouse as a companion and source of support, but not as their only source of happiness. Learning to love a spouse as opposed to being with someone with whom there already exists a romantic interest can mean learning to value smaller gestures rather than having overblown expectations from a relationship. The notion that all marriages have to be based on clichéd and unrealistic notions of love is delusional and deeply flawed. The fact that so few marriages measure up to the conventional Western ideal could help to explain why divorce rates are so high upon non-arranged marriages. In societies that claim to be plural and tolerant, contrasting views of marriage existing side-by-side should surely be encouraged. [1] ‘Would you be happier in an arranged marriage?’ Redbook.com - (accessed 20 September 2012) |
test-religion-msgfhwbamec-pro01a | Individual Freedom Even if marriages are not made absolutely mandatory, covert family pressure can still propel people into unions where they will be unhappy. This is a form of restricted liberty as the consequences of people rebelling against arranged marriages can include being forced to leave home or suffering stigmatisation and reduced contact with family members. The stigma may also be the other way with the family feeling shame when their children reject their arrangements this in turn can lead to attempts at compulsion and even some cases like that of Shafilea Ahmed murder for the rejection of the marriage. [1] Clearly there is a thin line between arranged and forced marriages. Although things like stigmatisation are harder to police than physical intimidation or violence, it is only right that the state steps in to regulate these harms, giving people the legal mandate to challenge the practice as well as to discourage relatives from attempting it from the outset. [1] Carter, Helen, ‘Shafilea Ahmed killed by parents for bringing shame on family, court hears’, guardian.co.uk, 21 May 2012, |
test-religion-msgfhwbamec-con01b | The new laws can set a precedent, even if it takes time. Bringing into practice such a law would arguably help send a message that certain practices do not sync with the sorts of societies European countries try to forge – this includes cases of Female Genital Mutilation, honour killings and forced marriages. Although the law is likely to be hard to police initially, in time it could allow for greater respect for values about the rights of individuals to be adopted by diaspora communities in Europe. Other countries have adopted measures that are equally as far-reaching, such as the banning of wearing religious symbols in French schools. [1] Countries outside of Europe demand that ex-patriot Europeans within their borders comply with specific laws that arte designed to benefit the whole nation. It is therefore hardly unreasonable for EU countries to do the same. [1] ‘French Scarf Ban Comes into Force,’ BBC, 2 September 2004 - |
test-religion-msgfhwbamec-con02a | It will cause resentment and make certain communities feel targeted. Arranged marriages are seen as a very important aspect of the identity of lots of Euro-Asian communities. At a time when tensions between non-Muslims and Muslims in Europe are high enough, for example there were protests in London against the film innocence of Muslims, [1] targeting a practice carried out by many Muslim families could help extremist tendencies to flare up. It is important not try and cloak laws that are little more than blind intolerance with terms that make them seem like secular liberalism. Attempting to ban practices like wearing the veil in the name of inclusion have been proven to only inflame tensions, not improve integration. [2] Banning arranged marriages outright would therefore not only be intolerant, but potentially dangerous. [1] Walker, Paul, ‘Anti-US protesters in London condemn controversial film’, guardian.co.uk, 16 September 2012, [2] Younge, Gary, ‘Europe: Hotbed of Islampobic Extremism,’ 14 June 2012 - |
test-religion-msgfhwbamec-con02b | You can extend that argument to any kind of illiberal practice. The same could easily be said of practices like FGM. Choosing not to ban certain traditions just because they are culturally entrenched could be extended to anything, from slavery to torture. The fact of the matter is that some practices simply cannot be allowed. There are already cases where the police choose not to intervene in cases of domestic violence where a south Asian family is involved, giving rise to claims that they feel to timid to bring the same laws into practice for fear of infringing upon the cultural practices of minorities. [1] Furthermore, many writers like Pragna Patel [2] have claimed that the more illiberal elements of communities such as the South Asian diaspora are merely fabrications designed to oppress women. It is important not to fall into the trap of condoning practices that have no place in any society by allowing them to shelter behind the veil of ‘cultural differences.’ [1] Patel, Pragna, ‘The Use and Abuse of Honour-Based Violence in the UK,’ Open Democracy,6 June 2012 - [2] Ibid., |
test-science-ciidfaihwc-pro02b | Outright banning this kind of prejudice does not directly tackle it – it ignores it. A better way for the government to tackle derogatory and prejudicial speech is to engage with it in a public forum and reasonably point out the flaws and ignorance that it embodies, rather than desperately trying to hide it from public view. In this way, those who are being attacked by these websites would feel as if the government is actively protecting them and their rights and punishing those who have violated them, rather than simply closing a few websites and allowing their authors to continue in other ways. This motion does not solve the problem of prejudice in the way it claims to. |
test-science-ciidfaihwc-pro03b | Given the number of people who actually use Facebook [1] and other social networking sites, these occurrences were remarkably small [2] . These riots cannot be attributed to Facebook; it was the mindset of the rioters rather than Facebook itself which provided the raw determination for these riots to occur. If Facebook had been censored, they may have simply used mobile phones to co-ordinate their actions instead. Censoring these sites would not prevent such events, and would anger those who use Facebook to communicate with friends [3] and share photos [4] innocently. [1] BBC News, ‘Facebook hits 500m user milestone’, 21 July 2010, 09/09/11. [2] BBC News, ‘UK Riots: Trouble erupts in English cities’, 10 August 2011, on 09/09/11. [3] Santos, Elena, “The ultimate social network”, softonic, on 09/09/11. [4] Santos, Elena, “The ultimate social network”, softonic, on 09/09/11. |
test-science-ciidfaihwc-pro01a | Governments have a moral duty to protect its citizens from harmful sites. In recent years, supposedly innocent sites such as social networking sites have been purposely used to harm others. Victims of cyber bullying have even led victims to commit suicide in extreme cases [1] [2] . Given that both physical [3] and psychological [4] damage have occurred through the use of social networking sites, such sites represent a danger to society as a whole. They have become a medium through which others express prejudice, including racism, towards groups and towards individuals [5] . Similarly, if a particularly country has a clear religious or cultural majority, it is fair to censor those sites which seek to undermine these principles and can be damaging to a large portion of the population. If we fail to take the measures required to remove these sites, which would be achieved through censorship, the government essentially fails to act on its principles by allowing such sites to exist. The government has a duty of care to its citizens [6] and must ensure their safety; censoring such sites is the best way to achieve this. [1] Moore, Victoria, ‘The fake world of Facebook and Bebo: How suicide and cyber bullying lurk behind the facade of “harmless fun”’, MailOnline, 4 August 2009, on 16/09/11 [2] Good Morning America, ‘Parents: Cyber Bullying Led to Teen’s Suicide’, ABC News, 19 November 2007, on 16/09/11 [3] BBC News, ‘England riots: Two jailed for using Facebook to incite disorder’, 16 August 2011, on 16/09/11. [4] Good Morning America, ‘Parents: Cyber Bullying Led to Teen’s Suicide’, ABC News, 19 November 2007, on 16/09/11 [5] Counihan, Bella, ‘White power likes this – racist Facebook groups’, The Age, 3 February 2010, on 16/09/11 [6] Brownejacobson, ‘Councils owe vulnerable citizens duty of care’, 18 June 2008, 09/09/11 |
test-science-ciidfaihwc-pro04b | Any information from television or newspapers has already been regulated, so it is not a problem that it may now appear somewhere on the internet. It is exactly because the internet is a forum for free information and expression that so many people engage with it; removing this is a dictatorial move against ordinary citizens who seek information without bias and undue censorship. |
test-science-ciidfaihwc-pro03a | Even sites that appeared innocent have had a devastating effect on society. Some governments, such as the Vietnamese government [1] , have already seen sufficient cause to ban social networking sites such as Facebook. Recently in the UK, many major cities witnessed devastation and destruction as social networking sites were used to co-ordinate wide-scale riots which rampaged over London, Manchester, Birmingham, Worcestershire, Gloucester, Croydon, Bristol, Liverpool and Nottingham [2] . Rioters contacted each other through Facebook and blackberry instant messenger to ensure that they could cause maximum damage [3] , which resulted in the destruction of property [4] , physical violence towards others [5] , and even the deaths of three young men [6] . These events prove that seemingly innocent Internet sites can be used by anybody, even apparently normal citizens, to a devastating effect which has caused harm to thousands [7] . To protect the population and maintain order, it is essential that the government is able to act to censor sites that can be used as a forum and a tool for this kind of behaviour when such disruption is occurring. [1] AsiaNews.it, ‘Internet censorship tightening in Vietnam’, 22 June 2010, 09/09/11 [2] BBC News, ‘England Riots’, 8 February 2012, on 09/09/11 [3] BBC News, ‘England riots: Two jailed for using Facebook to incite disorder’, 16 August 2011, on 09/09/11 [4] Hawkes, Alex, Garside, Juliette and Kollewe, Julia, ‘UK riots could cost taxpayer £100m’, guardian.co.uk, 9 August 2011, on 09/09/11. [5] Allen, Emily, ‘We will use water cannons on them: At last Cameron orders police to come down hard on the looters (some aged as young as NINE)’, Mail Online, 11 August 2011, on 09/09/11. [6] Orr, James, ‘Birmingham riots: three men killed ‘protecting homes’’, The Telegraph, 10 August 2011, on 09/09/11. [7] Huffington Post, ‘UK Riots: What Long-Term Effects Could They Have?’, 10 August 2011, on 09/09/11. |
test-science-ciidfaihwc-pro04a | As an extensive form of media, the Internet should be subject to regulation just as other forms of media are. Under the status quo, states already regulate other forms of media that could be used malevolently. Newspapers and books are subject to censorship [1] , and mediums such as television, film and video receive a higher degree of regulation [2] because it is widely recognised that moving pictures and sound can be more emotive and powerful than text and photographs or illustrations. The internet has many means of portraying information and opinion, including film clips and sound, and almost all the information found on television or in newspapers can be found somewhere on the internet [3] , alongside the millions of uploads from internet users themselves [4] . [1] Foerstel, Herbert N., ‘Banned in the Media’, Publishing Central, on 09/09/11 [2] CityTVweb.com, ‘Television censorship’, 27 August 2007, on 09/09/11. [3] Online Newspapers Directory for the World, ‘Thousands of Newspapers Listed by Country & Region’, on 09/09/11 [4] Boris, Cynthia, ’17 Percent of Photobucket Users Upload Video’s Once a Day’, Marketing Pilgrim, 9 September 2011, on 09/09/11 |
test-science-ciidfaihwc-con03b | Governments are often obliged to do things that the population doesn’t like – raising taxes is an obvious example. However, it is also recognised that sometimes the government has to do these things in order to represent the long-term, best interest of its people – whether or not it is a popular measure at the time. |
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