Global trend: Criminalizing online free expression is dangerous.
Elon Musk’s Offer and the Need for Free Expression
Elon Musk has famously offered to cover the costs of anyone who faces professional consequences for their Twitter activity. But now, it’s time for him to focus on those who are facing criminal charges for their online expression. This month has shown us that Twitter is far from a safe space for the right to free speech.
A Case of “Gender-Based Political Violence”
On August 9th, Mexico’s highest court for electoral issues upheld a guilty verdict against former congressman Rodrigo Iván Cortés. Cortés was charged with “gender-based political violence” for stating on Twitter and Facebook that a transgender-identifying congressional representative is a “man who self-ascribes as a woman.” These charges were brought against him based on the representative’s claim of “denial of identity.”
For speaking the truth about biological reality, Cortés has been hit with severe penalties, including a fine and a court order to post the judgment and an apology on his social media platforms every day for 30 days. He is also required to attend a course for political violators and be listed as an offender. Clearly, Cortés’ life will never be the same for expressing his beliefs on Twitter.
Not an Isolated Incident
Cortés is not the only one facing such consequences. The same transgender representative also filed a successful suit against Mexican congressman Gabriel Quadri. This representative, along with another transgender representative, has been causing unrest within Mexico’s Congress. They even presented a ”hate speech” bill targeting Christian teachings on sexual morality while dressed as a Catholic bishop.
Furthermore, the representative shared explicit videos of their own “sex work” on Twitter, claiming the right to freely share such content on digital platforms. The irony is undeniable.
Disagreement Should Not Be Penalized
Disagreement is not discrimination, and peaceful dissent should never be treated as violence. It is deeply concerning that Cortés and Quadri, who exercised their basic human right to express their views on an important topic, have been convicted as violent offenders. The real perpetrators of unrest within Mexico’s political institutions are their political opponents.
Having exhausted all avenues for justice in Mexico, both Cortés and Quadri are now taking their cases to the Inter-American Commission on Human Rights with the support of ADF International.
Targeting a Finnish Member of Parliament
In addition to the cases in Mexico, Finnish member of parliament Päivi Räsänen is returning to court for a 2019 Twitter post that led to criminal charges of ”hate speech” and “agitation of a minority group.” Räsänen questioned her church’s participation in a local pride parade, and she is still facing the consequences of exercising her right to free expression.
Although Räsänen was fully acquitted in 2022, the Finnish legal system allows for double jeopardy, enabling the prosecution to appeal the verdict. She will be back in court on August 31st, facing charges that could result in hefty fines and even a two-year prison sentence.
The Importance of Free Speech
Freedom of speech is the cornerstone of a free society and a fundamental right guaranteed by major human rights treaties. Without it, all our other rights are at risk. We are witnessing a dangerous global trend of criminalizing free expression. In a world where censorship is on the rise, it is crucial to protect everyone’s right to speak freely, regardless of whether we agree with their views or not.
Cortés, Quadri, and Räsänen all share the peaceful expression of their convictions. They have all experienced the full force of the law for daring to speak out on an “unwelcome” topic. No one should be punished or face criminal charges simply for sharing their beliefs. State-backed censorship blurs the line between dictatorships and democracies, leaving us all to wonder when it will happen to us.
Elyssa Koren is an international human rights lawyer and director of legal communications for ADF International, which is supporting the legal defense of Cortés, Quadri, and Räsänen. Follow her on Twitter: @Elyssa_Koren
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.
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