Archive for the 'law' Category

Egypt bans porn sites

Yesterday’s decision by one of Egypt’s highest courts to ban porn sites is yet another example of the government’s losing battle to control the thoughts and actions of its people. arabicporn

The Administrative Court, based in Cairo, has ordered the government to block the sites in response to a case brought by Muslim lawyer Nizar Ghorab, who filed the case under his own initiative.

He welcomed the decision today, saying: “Thank God we won. Now the government should stop these electronic dens of vice immediately.”

Arguing in court, Ghorab cited the case of a senior civil servant and his wife who were arrested last year for holding “swinger” parties after soliciting other parties over the internet.

Although the decision can be appealed to a higher court, Ghorab believes that this is unlikely as it would put the government in the uncomfortable position of being seen to protect pornography.

“Freedoms of expression and public rights should be restricted by maintaining the fundamentals of religion, morality and patriotism,” the AFP news agency quoted the court as saying in its ruling.

Freedom of speech has long been under fire in Egypt. The country has been held in a state of perpetual emergency rule since President Hosni Mubarak’s National Democratic Party came to power in 1981. An estimated 18,000 people are in prison under Egyptian law, which allows police to arrest people without charge, while media organisations are kept firmly under the yoke of state control.

This curtailment of civil freedoms on the street has led many young Egyptians to turn to the virtual highway. According to government figures from 2007, Egypt has around 12m internet users, one in nine of the country’s population, making it the largest online presence of all the Arab nations.

080729%20egyptNine per cent of this – around 800,000 people – use the social networking site Facebook, which has become a powerful voice for the country’s youthful population. Epitomised in the April 6 Youth Movement, a political group created during last year’s protests which now has more than 700,000 members, social networks are taking on a political face.

Within hours of the first bombings of Gaza by Israel in January, around 2,000 people had organised a n ad hoc demonstration using Facebook and taken to the streets, many of them voicing their anger at their own government for what they saw as collusion with Israel.

In this light, the Egyptian court’s ruling to try to censor the internet is a cynical and hollow attempt to extend its waning power to the untapped domain of the internet. Pornography may often typify the exploitation of society’s most vulnerable and expolited, yet it also represents  the power of freedom of expression in the face of moral censure from mainstream society.

Love it or loathe it, porn is a barometer to a country’s politics. And the more the Egyptian government tries to restrict the freedoms of its people in the name of “religion, morality and patriotism,” the closer it will come to its own demise.

‘One man’s spin is another man’s subjectivity’ – Westminster and the politics of online journalism

The Damien McBride affair was result of the incestuous relationship between Westminster and lobby journalists, political blogger Iain Dale said yesterday.

Speaking at a debate held at the Foreign Press Association, Dale told the assembly of foreign press that journalists had failed to expose McBride earlier because they had become too close to the politicians they are meant to keep in check.

Also on the panel were Paul Staines, aka Guido Fawkes, the anti-establishment blogger who broke the recent “smeargate” scandal and Nick Jones, a former BBC correspondent and author of several books on the dark world of political spin.

“It’s now possible for anyone to get a scoop” said Staines, explaining that that the reason the “smeargate” whistleblower had come to him was because he is not constrained by internal lobby politics.

Staines, who says that he blogs from 6am-11pm every day, describes himself as a journalist who happens to blog. With bloggers like his around working for next to nothing – his own site costs £100 a month to run – he argued that traditional media’s costly business model is defunct.

However Dale, a self-confessed Tory, argued that he saw the remit of bloggers as political commentary, rather than to report news. “I don’t regard myself as a journalist; my blog’s not there to break stories”, he said.

In the end, all of the panelists agreed that the key to survival, for any journalist, is trust: “If people don’t trust me then they won’t read my blog, so I care about what I write,” said Dale. Yet they also argued that current regulations are stifling the traditional media’s ability to break stories.

“We have a very politicized media”, said Nick Jones, arguing that an increasing number of newspapers are using the internet to post multimedia content, such as Telegraph TV, presenting severe problems for broadcast outlets which cannot compete with the far less regulated press.

Taking the video footage of Iain Tomlinson being attacked by a policeman minutes before he died at the G20 protests as an example, he argued that newspapers such as the Guardian, who broke the story, are now able to post footage on their websites that the BBC could not broadcast due to the severe legal restrictions imposed by Ofcom.

But it was Paul Staines who went the furthest in advocating freedom of expression: “In a sense, pornographers are the greatest defenders of freedom of the press”, he said.

To have and to hold…at least til the contract ends

Ask your average man on the street what he thinks of marriage and you’re unlikely to hear the word “pleasure” enter the conversation.

But ask your average Muslim what they think of a “Mutah” marriage – meaning a “pleasure” or “temporary” marriage – and you will get a quite different reaction.

Mutah marriages, specific to the Shia form of Islam, have always been a controversial subject. Dating from the time of the Prophet Muhammed, it allows a man to have a short-term contact with a woman in which he enjoys all the benefits of a marriage but few of the responsibilities, such as providing for her or sharing the same bed.mutah

It can last for anything from one hour to 99 years.

“It’s totally hypocritical,” says Ahmed Asfahani, a Shia journalist from Al Hayat who moved to the UK from Lebanon more than 30 years ago. He argues that while Mutah is formalised and regulated by families in Shia communities in the Middle East, in the Western world it is used as an excuse for hypocrisy.

He says: “Mutah was originally created to allow older women – widowers or spinsters – to find companionship late in their life when no one will do a Nikah [permanent] marriage with them.

“But in places like Britain and America, it is used by young men as an excuse to sleep with Western girls. They don’t care because it means nothing to them, but for the boy, it is an excuse to pretend he is not breaking his beliefs.”

This bias is clear in the difference in popularity of Mutah among men and women. A quick trawl of Mutah.com, a dating website for Muslims around the world to advertise for Mutah relationships, reveals 122 entries under the male profiles but only 3 under the female.

“I need a companion with whom I can talk to, somebody who shares some depth in life, somebody with dignity and self-respect,” reads one male testimony.

“I need a partner who can fill the void in my empty life. I don’t want to be alone anymore. I don’t wish to be a hermit.”

Writing under an alias, the young British Muslim says that he cannot wait til he can afford to be married. “There is no way that I can wait till my late 20’s, early 30’s – when most people seem to be getting permanently married. This is far too long to wait for somebody who doesn’t want to slip.”

Yet Mutah is controversial even in Muslim circles. Few Shias and even fewer Sunnis agree with the practice, which stems from Qua’ranic verse 4:24. It reads:

“As to those whom you married for a fixed time (mutah), give them their agreed dowries; and there is no sin for you in what you mutually agree together after what has been settled.”

In the time of the Prophet Muhammad, this was taken as meaning that soldiers could form temporary marriages while they were away from their wives, but it was banned by Umar, the second caliph, and later abandoned by most schools of Islamic law.

Sunnis, which form the vast majority of the 2m Muslims living in the UK, often treat the practice as impulsive sex, not far from prostitution. Although the “Twelver” Shias, who predominate in Iran and Iraq, disagree, actively promoting the practice as essential to the sexual health of a society, the stigma attached remains rife in the West.

And it is particularly pronounced among women. Although Mutah is prohibited for virgins and between Muslim girls and non-Muslim men, it is often viewed as at best a form of laxity or at worst, an excuse for adultery and prostitution.

In Iran, prostitution has increased by an estimated 635 per cent since the Islamic revolution 30 years ago.

For this reason, statistics on its prevalence are hard to come by. A recent review by four Government departments – the Treasury, the Work and Pensions Department, the Inland Revenue and the Home Office – has concluded that 1,000 men in the United Kingdom are now polygamists.

But because Mutah marriages require no formal contract and are not recognised under British law, no statistics are even collected.

Yet there are those among British Shias in the West that advocate the practice as an important way for Islam to accommodate the practicalities of love and life. Sheikh Ali Al-Hakim, of the Islamic Centre of England, editor of Islam & Feminism; Theory, modelling and applications, argues that Mutah offers an alternative to the lax morality of Western morals.

“In Mutah, it is a marriage it is a contract,” he says. “Without it, people have no responsibility to each other. If a man walks up to a woman and propositions her, what is she meant to say; ‘I have a boyfriend?’ That means nothing.

“Look at this 13-year-old boy who is having a baby [referring to boy-dad Alfie Patterson]. it is easy to exploit religion but at least this way this kind of thing cannot happen.”

Sex, laws and video tape

Yesterday, porn protestors descended on Parliament in what must be the most impressive array of PVC I have ever seen.

Models dressed in gags and chains held up traffic as they paraded around Westminster in a protest against the Justice & Immigration Act (2008), due to come into force in January 2009. This law will make it illegal to possess or disseminate any image in which there is a perceived threat to a person’s body or life for the sake of sexual titillation.

Ben Westwood – Dame Vivienne’s son – whose book of “extreme” photography Fuck Fashion may be banned under the new laws, has taken a stand against the government. He is joined by the singer Gwen Stefani and the burlesque dancer Dita Von Teese.

He writes: ”The way I see it, some people like it and some people don’t. In my opinion S&M is just harmless fun. There is no anger or violence involved.”

Campaigners argue that the new law will criminalize thousands of relationships in which people use hardcore porn consensually in the privacy of their own home. Yet only last month, Max Mosley, the bête noir of the tabloids, was paid out a record £60,000 settlement in a libel case that may challenge EU legislation.

Mosley was famously outed as an S&M connoisseur by a video published by News of the World showing him being shaved and beaten by five women. In the judgement, which has caused equal outrage and smug applause among the British media, the Honourable Mr Justice Eady said:

“It is not for journalists to undermine human rights, or for judges to refuse to enforce them, merely on grounds of taste or moral disapproval.”

It’s a “matter of principle”, says Mosley in an interview with the Guardian, that people “whose sex life isn’t quite the same as the majority” should be entitled to do what they want in the privacy of their own home “as long as everybody involved is genuinely consensual, properly consensual, not just doing it for money or whatever”.

It is not the job of the law to engage in a “moral crusade” against what people do in their private lives, however bizarre or intriguing we may find them. Whatever scrutiny we subject ourselves to outside, we should be able to hope that behind at least one closed door, Big Brother isn’t watching us.


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