Freedom doesn’t pardon legal accountability [Archives:2006/1011/Opinion]
By: Dr. Ubaid Al-Shaqsi
It isn't important simply to express, but rather to be aware of and understand what we express. This is the core of the matter regarding freedom of opinion and expression. Because they lived for years under blackout and suppression, the first thing Arabs do is seek a wider space for freedom of opinion and expression – no two can differ on this portion of the topic.
There are increasing demands to grant media outlets more spacious areas of freedom. Various restrictions emanate from the social ideology of controlling an individual's practices and even his thinking. Such demands are natural in societies presenting themselves as independent and they refuse subservience, but political systems may preclude this.
Modern communication means such as mobiles and the internet have enabled those peoples suffering under a small space for freedom of opinion and expression, making the individual both a source and correspondent at the same time. If these communication means enable individual to go beyond restrictions and evade censors, as well as open up a more spacious area for freedom, have they also become able to overstep the limits of the law?
Freedom is connected to two important matters: ethics and the law. Ethics answer questions concerning what's ugly or good, what's reasonable or rejected and what's good or bad in society according to a group of constituents, including religion and prevalent societal norms.
In many aspects, the law is linked to morals and benefits toward serving the individual and society, which should be protected against any violations. Such an understanding makes freedom not absolute, nor should it be so long as man lives amid the social environment, both influencing it and being influenced by it.
Freedom of speech or action should and will end when it collides with moral or legal aspects or both. The question is whether those who seek such freedom will realize its moral and legal aspects while exercising it.
Modern communication means have given so many individuals the chance to exercise these freedoms; however, they've done so at the expense of moral and legal aspects. Thus, this freedom has become settling personal accounts, delving into personal matters and moving from discussing what one does to discussing that person himself.
This matter indicates that some aren't keen on how to utilize the freedom that's available to them, nor do they realize that we're accountable for our actions, not just our character. However, some would like to exceed this and discuss personal things, such as color, form and size.
The other matter that should be considered is the dividing line between what's prohibited and allowed and what's acceptable or refused. In some matters, the line is only as wide as the breadth of a hair.
Talking about an official regarding his administrative practice or how he exercises his authority may be acceptable, but libel changes the acceptable to unacceptable, as well as legally accountable. Thus, such account or disclosure must be done within the framework of removing harm from an individual or group and seeking to achieve reform rather than settle accounts. Practicing freedom of opinion and expression must be within moral and social responsibility rather than an absolute process.
Freedom of expression doesn't allow an individual to libel and to the contrary, nor does it allow him to hide things in favor of individual interests. Freedom and responsibility are interrelated issues that have become able to be expressed freely via new communication media; otherwise, such means will become 'yellow press,' attracting people but offering nothing more than entertainment.
We don't need networks publishing rumors and family secrets; rather, we're in dire need of a process to reform.
Source: Al-Thori newspaper
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[archive-e:1011-v:14-y:2006-d:2006-12-28-p:opinion]
