Bob Ward’s point about
distributing to schools is correct I see that, but note that he does not want
the DVD of the programme distributed anywhere to anyone. But it is hardly an
important point and makes no other case than demonstrating an error. It does
not change the substance of my points which rest upon the quotation attributed
to him which flies in the face of history and the basis for a free, liberal
democracy.
"Free speech does not
extend to misleading the public by making factually inaccurate
statements."
He should note what I said. I
was not saying anything about Channel 4’s statutory remit and
justifications. He is correct in his belief that I am pointing out that
it is a fundamental right to speak out, publish and be wrong and not be
censored for it even if your claims are demonstrably false. How the media
interpret the fundamental right for free speech with reference to Broadcasting
legislation is up to the courts as any study of English and American legal
history shows.
Bob Ward said, “I fully
endorse the right to express different opinions on any subject including
science. But statements such as "volcanoes produce more carbon dioxide
than the burning of fossil fuels by humans", are not assertions of opinion
they are demonstrably false claims.
This is true but not the point.
Anyone has the right to hold that view and say so, and we all have the right to
counter it not censor it.
"Free speech does not
extend to misleading the public by making factually inaccurate
statements," – yes it does – that is my point.
David.
From: psci-com: on public engagement with science
[mailto:[log in to unmask]] On Behalf Of Bob Ward
Sent: 29 April 2007 11:44
To: [log in to unmask]
Subject: Re: [PSCI-COM] The Great Global Warming Swindle
David Whitehouse raises an interesting point - does the right to
free speech mean the right to disseminate knowingly inaccurate and misleading
statements through the media?
His e-mail illustrates this point beautifully. His statement that
the joint letter calls for 'The Great Global Warming Swindle' "not to be
sent to schools" is itself a misrepresentation of fact. The text of the
letter can be accessed at: http://www.climateofdenial.net.
It can be easily seen that the letter does not even mention schools. All it
does is appeal to the programme-maker to remove misrepresentations of views and
facts (which are breaches of the Broadcasting Code) before distributing the
programme on DVD.
I am challenging David not to make that false claim again. I have
no sanction against him. I can only make the case that it is not in the public
interest for him to make this false claim. But his argument is that he has the
freedom to make this and any other false statement as much as he likes and that
my only recourse is to pursue every false statement and challenge it. I accept
his freedom to do that individually. But I would not accept that he has the
right to make such knowingly false statements to a wide audience through the
media.
The Broadcasting Code should have prevented Channel Four from broadcasting
'The Great Global Warming Swindle' in the form that it was shown because it
contained major misrepresentations of facts and views. I have written to both
Channel Four and Ofcom to outline these misrepresentations. They are due to
rule on this some time soon.
But the Broadcasting Code does not apply to the distribution of
programmes on DVD. The only recourse is to appeal to the programme-makers not
to distribute knowingly false information because it is not in the public
interest. They are not obliged to do so. David Whitehouse appears to be arguing
that they have a fundamental right to do so.
I fully endorse the right to express different opinions on any
subject including science. But statements such as "volcanoes produce more
carbon dioxide than the burning of fossil fuels by humans", are not
assertions of opinion they are demonstrably false claims.
Nobody is arguing that people should not be able to tell lies. But
there are rules against using the media to disseminate lies. Both the
Broadcasting Code and the Code of the Press Complaints Commission specifically
rule out inaccurate and false statements in the print and
broadcasting media. No such code covers the distribution of DVDs.
Bob
Ward
Director,
Global Science Networks
Risk
Management Solutions Ltd
Peninsular
House
30
Monument Street
London
EC3R
8NB
Tel.
+44 (0) 20 7444 7741
Blackberry
+44 (0) 7710 333687
From:
psci-com: on public engagement with science [mailto:[log in to unmask]] On
Behalf Of David Whitehouse
Sent: 29 April 2007 02:46
To: [log in to unmask]
Subject: [PSCI-COM] The Great Global Warming Swindle
Dear Friends and Colleagues,
With reference to the letter mentioned on this list, the one
signed by 38 people, including many scientists, calling for the Channel 4 film
“The Great Global Warming Swindle” not to be sent to schools. Not
wanting it to be sent out is a legitimate standpoint and there may be
regulations in the education and broadcasting legislation that are relevant
here, but may I remark on the following quote that has been used in articles as
support for this viewpoint.
"Free speech does not extend to misleading the public
by making factually inaccurate statements," said Bob Ward, the former
spokesman for the Royal Society, Britain's academy of Science, and one of the
letter's signatories. "Somebody has to stand up for the public interest
here."
It is a telling quote and reveals much about what is wrong
about the global warming debate. Throughout history this has been the argument
of the despot. It is the code of the oppressor, the justification of the dictator.
Being able to speak freely without censorship is fundamental
to modern liberal democracies. It is guaranteed under national and
international law such as Article 19 of the Universal Declaration of Human
Rights, Article 10 of the European Convention on Human Rights and the First
Amendment of the United States Constitution.
Qualifications are made including for example with regard to
libel, slander and defamation and, in some countries, holocaust denial.
The quote is itself factually inaccurate. The important
point, and it took millennia and many lives to attain it, is that the freedom
of speech principle does not stipulate that you have to be factually accurate.
It is freedom, not accuracy or responsibility that is mandated.
If someone says something that is factually incorrect then
they can be challenged and debated but they cannot be silenced. Recall the
words of Evelyn Hall, “I disapprove of what you say but will defend to
the death your right to say it.”
Since the Enlightenment it is the principle of freedom of
speech that has been seen a essential for the discovery of truth. People have
the right to say factually inaccurate statements and other people have the
right to counter them not to stop them making such statements in the first
place.
Many people make factually inaccurate statements and the
right of free speech gives them the liberty to do so (with the qualifications
mentioned). It is a integral part of the freedom of religious expression. The
leaflet handed to us on the street by a religious group denying evolution or
saying that the earth was made in 7 days is factually inaccurate but they have
a perfect right to hold those views and promulgate them.
Also, who decides what is in the public interest? We have
rightly learned to be suspicious of self-appointed guardians of the public
interest.
Finally, I believe Al Gore’s film “An
Inconvenient Truth” is going to be distributed to schools. This film is
not without factual inaccuracies. Are the same 38 people going to call for that
not to be sent to schools for the same reason?
Regards,
David.
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