The Rules Of Speech Crime

[Raistlin]

Councillor Shirley Brown has been at the heart of Bristol's multi-cultural community for 15 years, but in February 2009 she found herself at the centre of an unintended controversy.

While taking part in a debate in the city council she called a female Asian councillor, Jay Jethwa, a "coconut". The word is used to describe someone who is brown on the outside, but "white" on the inside.

In other words, someone who is said to have disregarded their cultural roots.

Brown used the word in a debate about the funding of black and ethnic groups in the city, and was upset that Ms Jethwa was advocating cuts. The whole incident was filmed and can be viewed on YouTube.

Speaking before the trial, Brown explained why she used the word. "I must admit, I was angry because I thought it was an absolute insult, because she is of Asian background.

I was thinking how could you cut funding that is going to impact so many people. So the first thing that came to mind, instead of saying 'you idiot', I said 'you coconut'."

Although she apologised a few days after the comment, and on several occasions, the matter went to a local and then a national standards hearing.

'Coconut' row councillor guilty Brown was reprimanded, briefly suspended from the council and then reinstated.

But months later the case escalated when she was charged under the Public Order Act with using "threatening, abusive or insulting words, with intent to cause a person harassment, alarm or distress".

It's a serious charge which comes with the threat of a criminal record.

But why, given Brown's numerous apologies, was it necessary to turn this into a criminal prosecution?

In a statement released before Brown's trial, the Crown Prosecution Service defended its approach as being "in the public interest... because it alleged an offence where the suspect demonstrated hostility towards the victim based on discrimination against the victim's ethnic origin".

On Monday Brown was convicted, given a 12-month conditional discharge and ordered to pay costs.

The judgement is an important development in what might be called "speech crime".

But what can and can't people say ?

The case re-opens the debate on political correctness and freedom of speech which last flared up so publicly when TV presenter Carol Thatcher used the word "golliwog" in the green room of the BBC One programme The One Show.

Oreo biscuits and bananas are used in the same way

Ms Thatcher was dismissed from the programme, but not prosecuted for the use of the word.

So while "coconut" can be a speech crime, is "golliwog" more acceptable in the eyes of the law?

Although there are clear differences between the two incidents, Brown's case seems to establish that anyone directing the word "coconut" at a black or Asian person, is liable to be prosecuted, in spite of any subsequent apology.

Had the impulsive councillor said something along the lines of "you have disregarded your cultural roots", she would almost certainly not have been prosecuted. It was the use of the word "coconut" to convey that sense, which resulted in her facing trial.

And coconut is not the only word used to signify that a person has disregarded their cultural roots.

Others include "Oreo", the biscuit which is black on the outside and white on the middle, and "banana" which has been used in the Chinese community to signify "yellow on the outside, white on the inside".

Such words are now hugely charged and it would be difficult for the Crown Prosecution Service to fail to prosecute in cases where they are used against an individual from the racial or cultural group concerned.

Carol Thatcher was sacked by the BBC for saying "golliwog"

Courts trying such cases however face considerable difficulties.

The words and the level of "threat, abuse or insult" which they convey is very subjective. Some people regard the word "coconut" as highly derogatory. It can be seen as going to the very heart of a person's cultural identity and amount to an accusation of betrayal.

Bristol's multi-cultural community were clearly hurt and concerned by the comment from an elected councillor.

To one prominent member of that community, at least, coconut has only one legitimate meaning.

"It's not acceptable, unless you're talking about a fruit on a palm tree," says Amarjit Singh, who manages as Asian day centre in a suburb of the city. "Otherwise it is a racist comment. They should know better, they're the policy makers. They're the ones that promote community cohesion."

However, others take the view that the word is only mildly abusive.

Whilst some do not find it threatening or abusive at all.

The way in which it is said, the context and reaction of the person at whom it is directed will all be important factors in considering a prosecution.

But in the age of speech crime, a prosecution for the use of the word can now never be discounted

[Bizarra]

Approximately the Quote.......

" It is better to keep ones mouth shut & be thought to be stupid, than to open it & prove it !"

Seems that nowadays it isn't safe to open ones mouth at all, especially if you happen to be Raist, making ageist cuts & digs. Legal action & prosecution are in the pipeline

:lol2:

[Raistlin]

Approximately the Quote.......

" It is better to keep ones mouth shut & be thought to be stupid, than to open it & prove it !"

Seems that nowadays it isn't safe to open ones mouth at all, especially if you happen to be Raist, making ageist cuts & digs. Legal action & prosecution are in the pipeline

Light travels faster than sound.

This is why some people appear bright until you hear them speak...

[bothwell_buyer]

aha - so thats why its now deemed to be treason to refer to the English football squad as a bunch of footballers. If they were called a bunch of faunies, then that would be acceptable? :shutit: :shutit:

[hertsnminds]

My 5 year old grandson will have to be very careful in the future, when he gets angry he calls you a "bad strawberry" as that is the most insulting thing he knows.

[KPARRIS-JONES]

What a Pear! :P

[Cherry Red Pocket Rocket]

I think the country have gone overboard with the whole thing.

[bothwell_buyer]

and here's me thinking bananas were for monkeys - so I now need to change my thinking to "bananas are for Gluten-free, coeliac, vegetarians who may have a hair disorder, and live in trees" ???

[KPARRIS-JONES]

and here's me thinking bananas were for monkeys - so I now need to change my thinking to "bananas are for Gluten-free, coeliac, vegetarians who may have a hair disorder, and live in trees" ???

No, that's just Scots :P :D

;)

[bothwell_buyer]

and here's me thinking bananas were for monkeys - so I now need to change my thinking to "bananas are for Gluten-free, coeliac, vegetarians who may have a hair disorder, and live in trees" ???

No, that's just Scots :P :D

;)

careful - I could open my diary at Milton keynes.....

[Raistlin]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

[Bizarra]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

Simples They knew you were coming to visit.

[Raistlin]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

Simples They knew you were coming to visit.

Visit, No own...

[Bizarra]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

Simples They knew you were coming to visit.

Visit, No own...

Any chance of a loan, Guvnor ? I'll pay you back, on my honour, when I win EuroMillions

[Raistlin]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

Simples They knew you were coming to visit.

Visit, No own...

Any chance of a loan, Guvnor ? I'll pay you back, on my honour, when I win EuroMillions

Can't you pretend to be making a collection for the men with black berets

[Raistlin]

I'm so broke, I can't even pay attention...

[Bizarra]

The land of the concrete cows...

I once went to Milton keynes..... it was closed.

Simples They knew you were coming to visit.

Visit, No own...

Any chance of a loan, Guvnor ? I'll pay you back, on my honour, when I win EuroMillions

Can't you pretend to be making a collection for the men with black berets

I could I actually have one myself Don't sweat it :D It is a present from a Girl in the Basque Country & designates me as a member of ETA

Again, the men in Black Berets might come looking for the money I'd collected on their behalf

[Raistlin]

I always thought ETA were just as bad as the IRA...

How do you get involved with these organisations ?

Do you have a murky past....

Other the the deviant one

[Bizarra]

Very militant Lady We were chatting on the phone one night,& she was waxing vehement about Politics :shutit:

I warned her that all calls between here & her Country were monitored at Fylingdales & here + probably in the Basque Lands, too. Her reply ? " They know who I am , what I do, where I am & who my friends are. If you are listening in, you can all Fxck Off !" Then followed a stream of Basque "That was just in case they didn't get it the 1st time " sez she. :lol2:

If you know the drawings of the comely lass in a long dress, waving a sword , atop the Barricades in the French Revolution..... that would be her

[Raistlin]

Very militant Lady We were chatting on the phone one night,& she was waxing vehement about Politics

I warned her that all calls between here & her Country were monitored at Fylingdales & here + probably in the Basque Lands, too. Her reply ? " They know who I am , what I do, where I am & who my friends are. If you are listening in, you can all Fxck Off !" Then followed a stream of Basque "That was just in case they didn't get it the 1st time " sez she.

If you know the drawings of the comely lass in a long dress, waving a sword , atop the Barricades in the French Revolution..... that would be her

You are either too nice for your own good or one day I'll turn the key in the ignition and watch my butt begin to fly to Ireland....