As objectionable and reactionary and obnoxious as the movie FINTA is, I don't think it's a Criminal Code 318 or 319 offense, due to the defenses of "Truth" and "acting in the public interest."
I saw part of the movie once and it appeared to be quotes taken from the Koran superimposed/voiced over news items of the day.
The bible and many other old religious texts are full of bizarre and even violent but usually obscure quotations that may well be archaic or irrelevant to the religions today.
But if these phrases are indeed part of the text of the scripture, and not some made-up thing; then it's not group libel to reproduce them.
Also, the fact is that adherents of Radical Islam have indeed been involved in or caused terroristic and imperialist acts in the last 10-15 years.
If the events in FINTA depicted indeed happened, then there's the defense of acting in the public interest against violent fanaticism.
I admire Richard Warman, he's done great work, I consider him a colleague and have defended him more times than I care to remember, but I think that this particular complaint misses the mark.
I think one of the issues is that a few extremists are being used to justify fear, hatred and loathing of an entire group. There isn't a distinction made between extremists and the rest of the world-wide Muslim community. They are all being painted with a broad brush.
I'm not sure it's in the public interest to create a climate of fear and hatred that seeks to paint all Muslims as dangerous extremists, or to twist a truth that might exist for a minority within a group into something that is assumed to be true of the majority of that group.
@ NOS: "... a few extremists are being used to justify fear, hatred and loathing of an entire group... .. a climate of fear and hatred that seeks to paint all Muslims as dangerous extremists...
I sincerely respect your viewpoint, and I substantially sare the same sentiments..however IMPLIED INFERENCE is one thing,sufficient explicit existential expression to hold water on a criminal charge is quite another. There nothing in FINTA that says anything one way or the other about "which Muslims" are "threatening our world" or what indeed "should be done," suggesting harm or differential treatment to anyone who does not share the sentiments of those depicted in the film.
A much more compelling 318/319 case could theoretically be made against the activists of BDS, SAIA, and CAIA and Israel Apartheid Week, who libel Jews and Israelis and label the Jews and Jewish communities in Canada as criminals, picket their businesses like Nazi SA stormtroopers and call daily for the eradication of Israel as a Jewish state.
"You do realize that the state of Israel and Jewish people are two different things, right?"
Zionism and the State of Israel are the nationalistic expression of the Jewish people.
By your comment, I'm guessing that you are hinting that it's OK to tolerate Jews, but unlike every other ethnicity in the world, Jews alone are not deserving of a "legitimate" sovereign national expression.
All this, of course, diverges from the topic of whether the movie FITNA is worthy of Canada Criminal code 318/319 charges.
As objectionable and reactionary and obnoxious as the movie FINTA is, I don't think it's a Criminal Code 318 or 319 offense, due to the defenses of "Truth" and "acting in the public interest."
ReplyDeleteI saw part of the movie once and it appeared to be quotes taken from the Koran superimposed/voiced over news items of the day.
The bible and many other old religious texts are full of bizarre and even violent but usually obscure quotations that may well be archaic or irrelevant to the religions today.
But if these phrases are indeed part of the text of the scripture, and not some made-up thing; then it's not group libel to reproduce them.
Also, the fact is that adherents of Radical Islam have indeed been involved in or caused terroristic and imperialist acts in the last 10-15 years.
If the events in FINTA depicted indeed happened, then there's the defense of acting in the public interest against violent fanaticism.
I admire Richard Warman, he's done great work, I consider him a colleague and have defended him more times than I care to remember, but I think that this particular complaint misses the mark.
I think one of the issues is that a few extremists are being used to justify fear, hatred and loathing of an entire group. There isn't a distinction made between extremists and the rest of the world-wide Muslim community. They are all being painted with a broad brush.
ReplyDeleteI'm not sure it's in the public interest to create a climate of fear and hatred that seeks to paint all Muslims as dangerous extremists, or to twist a truth that might exist for a minority within a group into something that is assumed to be true of the majority of that group.
@ NOS: "... a few extremists are being used to justify fear, hatred and loathing of an entire group... .. a climate of fear and hatred that seeks to paint all Muslims as dangerous extremists...
ReplyDeleteI sincerely respect your viewpoint, and I substantially sare the same sentiments..however IMPLIED INFERENCE
is one thing,sufficient explicit existential expression to hold water on a criminal charge is quite another. There nothing in FINTA that says anything one way or the other about "which Muslims" are "threatening our world" or what indeed "should be done," suggesting harm or differential treatment to anyone who does not share the sentiments of those depicted in the film.
A much more compelling 318/319 case could theoretically be made against the activists of BDS, SAIA, and CAIA and Israel Apartheid Week, who libel Jews and Israelis and label the Jews and Jewish communities in Canada as criminals, picket their businesses like Nazi SA stormtroopers and call daily for the eradication of Israel as a Jewish state.
Dear Harry,
ReplyDeleteYou do realize that the state of Israel and Jewish people are two different things, right?
I imagine the our courts are smart enough to figure that out.
@ anonymous:
ReplyDelete"You do realize that the state of Israel and Jewish people are two different things, right?"
Zionism and the State of Israel are the nationalistic expression of the Jewish people.
By your comment, I'm guessing that you are hinting that it's OK to tolerate Jews, but unlike every other ethnicity in the world, Jews alone are not deserving of a "legitimate" sovereign national expression.
All this, of course, diverges from the topic of whether the movie FITNA is worthy of Canada Criminal code 318/319 charges.