Sunday, February 7, 2021

Jordan Peterson and Bill C-16: What does each side argue?

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Raya Tripathi

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Jordan Peterson and Bill C-16: What does each side argue?

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Global Views 360

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February 7, 2021

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Jordan Peterson speaking at a Free Speech Rally at the University of Toronto

Jordan Peterson speaking at a Free Speech Rally at the University of Toronto | Source: Wikimedia

Jordan Peterson, a clinical psychologist by profession, shot to fame in 2016 when he began protesting against the Bill C-16. He released his own video lecture series on the subject as well—which garnered millions of views. Some people support him, while others oppose him, but who is Jordan Peterson and what are his ideas? And what is it about Bill C-16 which divided the public opinion about Peterson?

These are the questions which this article will uncover.

Who is Jordan Peterson? And what are his ideas?

Jordan Peterson is a Canadian clinical Psychologist by profession and was a professor of psychology at the University of Toronto. He rose to intellectual stardom after taking a stand against “politically correct culture” and Bill C-16. He started protesting against the excesses of the cultural left. He has written several books including 12 Rules For Life, Maps of Meaning, Political Correctness, etc. While most of them are Self-help books, some are also on the idea of political correctness and its criticism, and where the left has gone wrong. He released his video lectures online on YouTube which have gathered massive views and followings, and gave him the celebrity status. Peterson’s videos on C-16 and political correctness racked up more than 400,000 views on YouTube within about a month of posting.

Although several newspapers such as The New York Times and The Wall Street Journal have described him as “conservative” and “conservative-leaning”, Peterson calls himself a “Classic British Liberal” and a “traditionalist”. He has said that he’s commonly mistaken to be a “right winger”, which he denies.

The University of Toronto said it had received complaints of threats against trans people on campus. There are complaints from students and faculties that Peterson’s comments are “unacceptable emotionally disturbing and painful” and have urged him to stop doing it.

On the other hand, Dr Peterson is concerned proposed federal human rights legislation "will elevate into hate speech" his refusal to use alternative pronouns. He argues that terms like "gender identity' and "gender expression" are too broad, and will be used by “radical social constructionists” to bully their opponents into submission. "One is silent slavery with all the repression and resentment that that will generate, and the other is outright conflict. Free speech is not just another value. It's the foundation of Western civilization," he told the BBC.

Many feckless young men have started following him—often using his ideas against the transgender community. Fans of Peterson and his ideologies saw the video as proof of his genius and bravery; Peterson was the avatar of reason and facts pushing back against irrational “social justice warriors” (SJWs). There were rallies both for and against Peterson in Toronto, and he made the rounds on Canadian television.

What is Bill C-16?

The law is an amendment to the Canadian Human Rights Act by adding "gender identity or expression" as a prohibited ground of discrimination. That makes it illegal to deny services, employment, accommodation and similar benefits to individuals based on their gender identity or gender expression. A person who denies benefits because of the gender identity or gender expression of another person could be liable to provide monetary compensation.

Similarly, the law also amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318 of the Code. If there’s evidence that an offence is motivated by bias, prejudice or hate, it can be taken into account by the courts during sentencing.

It would also extend hate speech laws to include these two terms “gender identity” and “gender expression” and make it a hate crime to target someone for being transgender, publicly inciting hatred or advocating genocide.

Peterson and Bill C-16: Arguments from both the sides

Apparently, not everyone is convinced that Peterson is a thinker of substance. Last November, fellow University of Toronto professor Ira Wells called him “the professor of piffle”—a YouTube star rather than a credible intellectual. Tabatha Southey, a columnist for the Canadian magazine Macleans, designated him “the stupid man’s smart person”.

Dr Peterson's University of Toronto colleague, Dr Lee Airton, argues he is being alarmist and indulging in "slippery slope fallacies" on the limits of free speech.

"If you actually listen and you parse out the arguments, it becomes very clear that this not about freedom of speech, that this is about reducing transgendered people's needs as excessive and illegitimate," he told the BBC.

The bill was passed in the Senate. Before it was passed, there were a lot of debates and deliberations on the bill and what kind of effects it may have.

Senator Grant Mitchel | Source: Canada Senate Website

“This bill is not only about the protections it provides, but also the message that the Parliament is delivering to all Canadians about the need to treat everybody equally,” Independent Alberta Senator Grant Mitchell, who is also a longtime advocate for trans rights, said after the bill’s passage.

Few conservative senators voted against the legislation. Conservative Manitoba Senator Don Plett has called it a threat to free speech. He alleged that he feared the bill would force him to use gender neutral pronouns when addressing trans people. There is also a largely refuted myth among conservatives that this law will allow “men to pose as women to attack them in the bathroom”. Conservative Ontario Senator Lynn Beyak said, “As a woman, why would I support Bill C-16 when feminists have fought for so many years to protect women from the violence perpetrated against them by men. This will allow men to go into women’s change rooms and bathrooms across the country.”

This bill has been intensely debated, and as the trans community is happy that the bill would provide their vulnerable community, the feminists fear it could bring threat to spaces reserved for what they refer to as “female-born women”.

Critics have also voiced concerns that the law will penalize citizens who do not use specific pronouns when referring to gender diverse people.

Brenda Cossman from University of Toronto | Source: CBC.CA

Brenda Cossman, law professor at the University of Toronto and director of the Mark S. Bonham Centre for Sexual Diversity Studies, told CBC, “The misuse of gender pronouns, without more, cannot rise to the level of a crime,” she says. “It cannot rise to the level of advocating genocide, inciting hatred, hate speech or hate crimes … (it) simply cannot meet the threshold. Would it cover the accidental misuse of a pronoun? I would say it’s very unlikely. Would it cover a situation where an individual repeatedly, consistently refuses to use a person’s chosen pronoun? It might.”

The Canadian Human Rights Act does not mention pronouns either. The act protects certain groups from discrimination.

But now the question was, if a person disagrees to use the pronouns for a person repeatedly on purpose, will it land that person in jail? To this, Jared Brown, commercial litigator at Brown Litigation, who often works with corporate clients on employment law and human rights disputes, told CBC, “It is possible, through a process that would start with a complaint and progress to a proceeding before a human rights tribunal. If the tribunal rules that harassment or discrimination took place, there would typically be an order for monetary and non-monetary remedies. A non-monetary remedy may include sensitivity training, issuing an apology, or even a publication ban. If the person refused to comply with the tribunal's order, this would result in a contempt proceeding being sent to the Divisional or Federal Court. The court could then potentially send a person to jail “until they purge the contempt,”” he said.

Furthermore, he said that the path to prison does exist—but only in extreme cases—and it’s not that easy to get there, he mentions “The path to prison is not straightforward. It’s not easy. But, it’s there. It’s been used before in breach of tribunal orders.”

Conclusion

A law to protect transgender rights and allowing them to identify the way they are comfortable is indeed a progressive step for Canada. Although the laws do not impose any threat on the citizen’s safety or freedom of speech, some parts of it as argued by Mark S. Bonham is a little vague. Therefore, solutions to the problems should be addressed by the government of Canada.

However, what is also clear that Jordan Peterson’s action is just spreading misinformation and hysteria among people who are unaware of the law and are contributing towards a transphobic discourse.

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February 28, 2021 11:13 AM

Internet Shutdowns in India: From Kashmir to Haryana

India has one of the world’s largest internet user base and also has the maximum number of internet shutdowns. In 2018, India recorded 134 shutdowns which is the highest the country has seen yet. The article delineates the implications of Internet shut-down—while looking at specific cases of Kashmir, CAA-NRC, and Farm Bill Protests—and the legal procedures associated with the same.

The internet shutdown imposed in Kashmir on 4th August 2019, when Article 370 of the Constitution was abrogated by the Parliament of India recorded the longest shutdown in India.  In the initial days, landline and mobile services were restricted as well. While the ban on landline and mobiles was lifted soon, 2G services were restored for “verified users” on 25th January 2020. Only whitelisted websites could be accessed and social media remained prohibited. A new order was passed on 4th of March 2020, by the administration of J&K, according to which the whitelist was removed but internet could only be accessed using 2G on verified SIM's. As Kashmir is still languishing without high-speed internet, at least 7 million have been affected due to the shutdown.

Anti CAA-NRC Protests in Lucknow | Source: Youtube

In December, 2019, during the notable protests against the Citizenship Amendment Act, the authorities in the states of Assam, Meghalaya and Tripura severed internet connection as they supposedly cited a threat of violence and false rumors. Parts of West Bengal and Uttar Pradesh were also under a digital lockdown. Internet shutdowns come with a great cost. Every time the central or state government decides to cut the internet, a large number of students, businesses, travelers, online journalists and influencers are affected resulting in a huge monetary loss. According to a report by TopVPN, India has lost nearly $2.7 billion due to all the 83 internet shutdowns in 2020 alone. This loss is greater than the combined loss of the next 10 countries in the list. The report also revealed that India also stayed offline for longer than any other country, at 8,927 hours last year. The largest contributor to this figure is the 213-day shutdown in Kashmir.

The Kashmir Chamber of Commerce reported that the cumulative loss due to the internet shutdown and restriction in the region was $5.3 billion. The authorities say that these shutdowns are simply to stop the spread of dangerous misinformation which they believe moves faster in social media like Facebook and messaging apps like WhatsApp. However, the internet shutdowns are usually enforced after a piece of misinformation has been spread widely. In 2018, 33 of the shutdowns were justified by the government claiming that they wanted to curb dis/misinformation. The problem is that, when you cut people off from being able to access information, the only access they have is to previous misinformation. In fact, cutting off the internet can turn a previously predictable situation into a highly volatile one. A study conducted by Stanford suggested that mass mobilization in India can occur even in the absence of social media and digital platforms. Another report published by Stanford stated, “Rumours and disinformation continue to spread with or without access to digital communication networks, whose primary role is that of accelerators of information diffusion.” In addition to this, the study found that internet shutdowns force protesters to substitute non-violent tactics for violent ones which are less reliant on effective communication and coordination. In April 2019, Sri Lankan government shutdown all social media platforms as a result of the Easter Suicide Bombings. The IFCN (International Fact-Checking Network) reported that fake news was rampant despite the shutdown. IFCN also noticed an increase in false reports on Facebook from that area. However, the above mentioned facts did not have the potential to stop India from once again disregarding the negative implications of Internet shut-down. India continues to be indifferent.

Protesting farmers at Singhu Border | Source: Harvinder Chandigarh via Wikimedia

The ongoing farmers’ protest in India against the three farm bills (now acts) passed in the parliament turned violent on 26th of January. A group of the protesting farmers who were on a tractor rally, deviated from their route and entered the Red Fort. The Union Ministry of Home Affairs temporarily suspended internet in Singhu border, Ghazipur border, Tikri border, Mukarba Chowk and Nangloi for 24 hours. On 29th of January, the State government of Haryana ordered telecom operators to shut down all mobile internet services, all SMS services, and all dongle services in 17 of the 22 districts of the state until 5 pm on January 30, 2020.

The shutdown was based on the grounds of preventing protestors from mobilising through social media and to constrain the plague of disinformation, which was spread due to the tensions at farmer camps between unidentified miscreants, farmers and later the police. But there was a lack of media coverage of the police violence while they highlighted the protestors’ response to it, essentially disseminating biased disinformation which they ‘intended’ to curb with an internet shutdown.

The Indian Telegraph Act, 1885 permits the government to block internet access in case of a public emergency. After 2017, Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules was deployed in cases of internet shutdowns. The Rule 2(1) describes the protocol and powers for the ‘competent authority’ to issue a direction for the suspension of Internet.  The ‘competent authority’ here refers to the Home Secretary of the Union government or the State government. If obtaining prior directions from either of these authorities is not feasible, the order may be issued by an officer, not below the rank of a Joint Secretary to the Government of India. This officer should be duly authorized by the competent authority to issue suspension order and must receive confirmation from the competent authority within 24 hours of issuing such order. In January 2020, the Supreme Court directed that in addition to the Telecom suspension rules, all internet shutdowns must be made public and the orders must be a committee must review all internet shutdown orders once every seven working days to ensure if it is in accordance with the Telecom suspension rules. In November 2020, a new rule was introduced stating that a single order cannot authorize a shutdown for a period exceeding 15 days. Despite several regulations, the Internet Freedom foundation found out that there is low compliance by state governments. Even in 2019, in multiple cities, including the national capital, the suspension orders were issued by the State Police. The New York times reported there were instances where local authorities of India ordered the shutdown with just a few phone calls to the local service providers.

In addition to repression of dissent, telecom shutdowns also have an impact on healthcare services, doctors and ambulances especially in the cases of violence when they certainly have a harder time communicating with people on the ground hence creating a vacuum of information.

Arbitrarily shutting down the internet is a fundamental right violation. The frequencies of internet shutdowns in India are highly alarming. Besides, it is ironic that in 2020, the government announced its plan to bring high-speed fibre-optic based broadband to all Indian villages in the next three years. While it is most certainly beneficial to those living in these villages and to those wanting to spread propaganda, all the effort would be insignificant if the nation continues to shut down the internet at this rate of recurrence.

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