breitbart.com/london/2016/10/25/editor-of-austrias-largest-paper-charged-with-hate-speech-over-migrant-article/
Editor spoke out about immigrants and charged with hate crime. I wonder it matters if what one says is true. Maybe if it’s negative that’s all it takes?
From the website:
The commentary provoked a negative reaction at the time with 37 complaints lodged against [the author]
Suppose that a grand total of 370 people actually did the reading, that half of them were law students, and the other half of them were paid subscribers to the publication.
Who would have been able to lodge official complaints?
“Hello, I am a law student, and I was reading something that I consider to be hate speech. I acknowledge that I was reading it as part of a course in hate speech. Nevertheless, it offended me, so I wish to lodge an official complaint.” <----- That doesn’t look as though it would get any traction.
Is this a matter of consumer protection? Do paid subscribers have a complaint based on the money that they spent?
A total of 37 complaints lodged would be ten percent of the 370 readers. If ten percent of the members of a jury vote “guilty”, and the other 90% vote “not guilty”, then what happens?
I don’t see 37 complaints lodged as persuasive evidence of anything.
The title is potentially misleading. Here is the first sentence:
An editor of Austria’s largest paper,*Kronen Zeitung, is to be tried for hate speech over a commentary he wrote about the migrant crisis last year.
The person who wrote the “commentary” is being identified via his occupation of editor. However, just as it is well-known that a lawyer who represents himself or herself has a fool of a client, one would expect some other editor to have responsibility for editing the “commentary” before publication. The publisher rather than the author should face liability for publication, unless the problem is the writing itself and not the publication of it.
After that long-winded introduction, I arrive at what might be the most important point. People don’t accurately recall their reading. Even when doing their very best to remember accurately, people create their own “artist’s interpretation” of the original. A really careful textual analysis in a courtroom – with all parties having access to the full text of the “commentary” that is the text being analyzed – might be nothing like the residue in the minds of the readers even a mere 24 hours after reading the “commentary.” This problem suggests that it is safer to write a kind of very crude propaganda, provided that the party line is toed, than it is to write something that makes an honest effort to address challenging issues.