Opinionista
Jacques Rousseau
Thought police, never a good thing

Between religious intervention to keep us safe during the World Cup and quixotic jousting at the windmills of Internet pornography, we could be in more peril from ministers, secular and clerical, than the evils against which they would protect us, lesser mortals.

On Saturday, 29 May,  in an act of flagrant disregard for the faiths of others, Pastor Ray McCauley had planned to promote his brand by exploiting paranoia around tourist safety at the World Cup. Unfortunately for Pastor Ray, a heart attack meant he could not attend. But while tickets for the “National Day of Prayer” for a safe World Cup might as well have been accompanied by homeopathic remedies for xenophobia (which would be equally effective), the event still raises questions. Firstly, why do we need his god to help out with policing those pesky foreigners and other threats to World Cup harmony, such as Ivo Vegter? Is Ray saying that the other gods aren’t up to the task or even – sotto voce – that they may not exist?

If so, the matter must be on the Muslim Council of Theologians’ radar, because denying the existence of Allah is clearly a more serious transgression than pictorial representations of Mohammed are. We can, therefore, move on to the broader issue of the continued eagerness on the part of government to invite policy feedback from people such as McCauley, who appear to be only marginally more qualified to provide such feedback than my pets are. This is because at least “faith-heads” can talk.

But when they talk, they always say the same things. Things we already know. We know that, according to most religious doctrine, our laws are overly permissive. We know that, if some groups had their way, we would outlaw abortion, bring back the death penalty, ban gay marriage and maybe even do a little stoning. To the extent that policy issues should be influenced by the sensitivities of various sectors in society, we already know what policies the NILC would vote for.

It is, in other words, difficult to see the value added in soliciting the feedback of those who have a prior commitment to propositions that cannot be proven or known, where they don’t also have some demonstrable expertise in economics, politics, philosophy or any other field with a clear connection and commitment to the (presumably) intended outcome of maximising the welfare of South African citizens.

The case in point is the recent comedy act by our deputy minister of home affairs, Malusi Gigaba. Gigaba has introduced the Internet and Cell Phone Pornography Bill to the national assembly, in which he proposes that all pornography accessible through the Internet and mobile phones – not only the already illegal forms such as child pornography – be made illegal. The bill does not provide any clarity on how he expects to be able to track and block (if necessary) the 136,000 new Internet domains registered in the last 24 hours, nor all the ones that could get registered before he figures out how to shut down the Internet.

Besides the mysterious desire to introduce bills that can’t possibly be enforced, what is notable about this bill is Section 4, titled “Consultation”. In this section, it is revealed that four organisations were consulted, of which three are explicitly Christian, and one apparently so. What’s more, the three Christian groups are already on record as opposed to all forms of pornography – which means that the nature of their input would contain no surprises.

In fact, it is clear in the bill itself, which contains plenty of terms like “scourge”, “blatantly”, and “cruel, degrading and violent”. What it lacks, unfortunately, is any attempt to weigh up known harms of the availability of pornography versus known benefits of free expression.

Given that the banning of pornography over the Internet and cellphones would have significant implications for freedom of expression (on the production side) and freedom of consumption (on the demand side), one would think that the Freedom of Expression Institute might have had something useful to say, as would the Tier 1 Internet service providers, on the feasibility of this bill in the first instance.

Gigaba apparently thinks he has addressed the concerns of those of us who constantly bang on about the freedom of expression, thanks to further input from John J Smythe, retired member of the Bar of England and Wales, and the honorary director of the Justice Alliance of South Africa. In Smythe’s opinion, this bill is a justifiable limitation of the right to freedom of expression, as it is in the best interests of “the children of South Africa” and the “dignity of women”. And also, because the bill does not attempt to regulate sex shops, everyone can still apparently get all the porn they want.

Except, of course, for those who don’t live anywhere near a sex shop, or those women who don’t want Gigaba (or anyone else) to tell them what impairs their dignity and what doesn’t. As for the children – the poor children – here we find yet another instance where the buck is passed by absolving parents of the responsibility to raise their children in ways conducive to a healthy respect for all other sentient beings, and which allow children to grow up in a world where one has to make difficult choices, which may sometimes come with unfortunate consequences.

But difficult choices and their consequences are the stuff from which we learn, and removing choices can make children more difficult to protect – simply because part of what you are doing by limiting choice is turning adults into children, and thereby enlarging your problem. What’s more, all these children will no doubt need more paternalism in the future, because there will be even less they can figure out for themselves. Let us pray, then.

More by Jacques Rousseau




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The likes of McCauly and Gigaba are the bane of freedom. The former's a religeon-business money-grubber and the latter a opportunist.
Bloody God-Botherers. Is there no limit to their arrogance. They impose a calendar on us, prevent me buying beer on a Sunday, and block the road with their chariots as they break their kneecaps doing their penance for a week of dedicated sinning.

I am heartily tired of these sanctimonious pillocks who think that because I don't believe in their fanciful notions, I am somehow broken and must be fixed by their imposing their life view on me.

We pagans should impose an alternative on them. Feast in their halls, make merry with their wives and steal their attractive daughters. That's a much more fun religion.
I am tempted to brush this off as tilting at windmills, but then, stupider laws have been passed before.

When I was 13, in the halcyon days before the evil scourge of Internet Pornography, I spent hundreds of hours watching Desiree Cousteau et al blow John Holmes et al on VHS tapes sneaked out of the cupboards of various adults in my childhood friendship network. The complete absence of the Internet did not prevent me from seeing a shitload of porn. Maybe not quite as much porn as I wanted to see, but nevertheless, a lot.

Someone should inform Gigaba (and anyone in favour of his bill) that policing porn on the Internet is VASTLY MORE EFFICIENT than policing porn in the real world, thanks to a wide variety of technologies that allow parents - yes, PARENTS, like me - to control what their children do online.
@ Iain Robertson - Nah, us pagans are too late - the clergy have already beaten us to the wanton shaggery and incest...

On a serious note, God help us if Gigaba even finds out about VPN, Tor or Darknet. Wonder what his reaction would be then?

Politely - Gibaba and McCauly are piddling against the wind!
'responsible journalism' from a political perspective as well, may be on the horizon.
Soooo, ban porn, reintroduce military service, militarization of the police force. Whats next? Propose different races stay in different areas?
There is a peculiar post hoc fallacy when it comes to morality in South Africa: The idea that endemic violence against women and children is caused by internet porn needs proving before the government attempts to curtail such pornography. However there may be compelling arguments to limit some kinds of pornography as has been done in the UK (For example, violent pornography, bestiality and so forth). John Stuart Mill correctly understood that even something as precious as freedom of expression has limits. It's just a question of what those limits are and who decides them. Ray McCauley probably isn't the best person to ask!