Swiss writer jailed for insulting reporter as ‘overweight lesbian’.
A Swiss court’s decision to sentence a commentator with 60 days in prison plus thousands in Swiss francs previews the danger that criminalizing “hate speech” poses to free speech.
On Monday, the French-Swiss writer Alain Bonnet, also known as Alain Soral, was sentenced for defamation, discrimination, and incitement of hatred for his criticism of Swiss journalist Catherine Macherel. Bonnet was convicted for comments made on a Facebook video two years ago where he called Macherel a “fat lesbian.”
Fox News reported Wednesday that a lesbian activist group celebrated the decision.
“This court decision is an important moment for justice and rights of LGBTQI people in Switzerland,” said Murial Waeger, one of the directors of LOS, a lesbian activist group. “The conviction of Alain [Bonnet] is a strong signal that homophobia hatred cannot be tolerated in our society.”
Fox News reported in a follow-up story Thursday that the two-month prison sentence “alarms free speech advocates.” But while the episode might shock American audiences, Federalist Senior Editor David Harsanyi outlined in his 2021 book Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent how this kind of censorship has become routine on the other side of the Atlantic:
Free speech in Europe is contingent on the vagaries, conditions, and restrictions connected to concerns over ‘national security,’ ‘territorial disorder,’ ‘crime,’ and protections of ‘health or morals’ or the state — which are all flexible notions that empower the government to impose arbitrary limits on expression as long as the majority of the European Union approves.
Harsanyi noted that 20 EU nations have “insult laws” allowing journalists to be charged as defamatory criminals.
“In six European Union member states, defaming a public official is more severely punishable than defaming a private citizen,” Harsanyi wrote. “The opposite is true in the United States, where celebrities and political figures have a tough road in trying to shut down or intimidate their critics.”
Europe’s governing philosophy on “hate speech,” however, is on its way to America. A RealClear Opinion survey of 1,000 voters in September found nearly half of Democrats, 47 percent, say free speech should be legal “only under certain circumstances.”
Another survey from the Cato Institute in 2017 found similar results. Forty percent of the 2,300 American adults interviewed said “government should prevent people from engaging in hate speech against certain groups in public.”
Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here.
How can society strike a balance between protecting individuals from harm and preserving the fundamental right to free expression
Dangers of criminalizing hate speech and restricting free speech have become increasingly apparent in recent years. This was highlighted by a Swiss court’s decision to sentence commentator Alain Bonnet, also known as Alain Soral, to 60 days in prison and impose a hefty fine for his comments about journalist Catherine Macherel.
Bonnet’s conviction stemmed from remarks he made on a Facebook video two years ago, where he referred to Macherel as a “fat lesbian.” This led to his sentencing for defamation, discrimination, and incitement of hatred. LGBTQI activist group LOS celebrated the court’s decision, describing it as a significant moment for justice and LGBTQI rights in Switzerland.
While some may applaud this verdict as a stand against homophobia, it has raised concerns among free speech advocates. Fox News reported that the two-month prison sentence has alarmed advocates of free speech. However, as Federalist Senior Editor David Harsanyi explains in his book “Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent,” censorship of this kind has become routine in Europe.
Harsanyi argues that free speech in Europe is subject to various conditions and restrictions, such as concerns over national security, territorial disorder, crime, and the protection of health or morals. These flexible notions empower the government to impose arbitrary limits on expression, as long as the majority of the European Union approves. In fact, Harsanyi highlights that 20 EU nations have laws that allow journalists to be charged as defamatory criminals.
What’s particularly troubling is that in some European Union member states, defaming a public official carries more severe punishment than defaming a private citizen. This indicates a troubling imbalance in the protection of free speech and suggests a tendency to suppress criticism and dissent.
This case in Switzerland serves as a warning of the dangers of criminalizing hate speech. While it is important to combat discrimination and promote inclusivity, it is crucial to strike a balance between protecting individuals from harm and preserving the fundamental right to free expression. Critics argue that by criminalizing hate speech, we risk stifling open debate and limiting the exchange of ideas.
In a society that values freedom of speech, it is necessary to have robust discussions and challenge differing viewpoints. The suppression of speech, even if offensive or distasteful, can hinder progress and prevent the exploration of new ideas. Instead of resorting to punitive measures, efforts should be focused on education, dialogue, and fostering a culture of tolerance and understanding.
As the case in Switzerland and Harsanyi’s analysis demonstrate, the erosion of free speech can have serious consequences. It is crucial to remain vigilant and strike a balance between protecting individuals from harm and upholding the principles of free expression. Only through open and respectful dialogue can we hope to achieve a society that values diversity, inclusivity, and the free exchange of ideas.
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