Thursday, 22 March 2018

Don't Mention The War!

When I'm compiling my list of things I Must Not Do, one of the most important entries is: Assume to understand and be qualified to comment upon the machinations of a law in another country.  This is an adage that commands strict adherence, wouldn't you agree?

But dang it all to heck, I'm going to make a comment, anyway.  Some Scottish comedian is facing gaol time over a 'grossly offensive' joke.  When I heard about this, I scratched my head a little.  This case is in the UK, but as far as I can tell, our laws here are very similar to those in Old Blighty, as is our legal system.  I am aware it is very difficult in New South Wales to successfully prosecute a charge of offensive conduct because the Act doesn't really specify what constitutes offensive conduct.  Insofar as offensive language is concerned, this is often subject to the 'reasonable man' test, being would the reasonable man (who is just of normal street smarts and intelligence, and sans skin like wet tissue paper) be offended by the language, taking into account all circumstances (such as dropping an anvil on the foot)?

As it happens, the conviction with which he (he goes by the handle Count Dankula, by the way) has been slapped relates not to offensive language or conduct, but hate crimes.  Hate crimes aren't a joke.  But what this guy has done is taught his girlfriend's pug puppy to raise its paw, similar to the old Nazi salute, as the guy makes a comment along the lines of 'Seig Heil'.  (Must be some kind of dog-whisperer; I'm having trouble training my recalcitrant mutt to go outside for his tinkle when it's raining).  What's earned him the conviction is that he posted the footage on You Tube.  Is being stupid with the pug really a hate crime?  I don't doubt there are people who would consider this very offensive.  But was it the guy's intention to incite hatred against the Jewish people, and to downplay and mock the Holocaust?  I cannot answer this question realistically, because it would fly in the face of my adage given I don't know the law there, nor was I present at the court hearing, nor do I know the guy personally.

It did get me wondering about that classic Fawlty Towers episode wherein Basil sustained a head injury whilst the hotel was accommodating a family from Germany, and his catchcry was: 'Don't mention the war!' He then placed his finger below his nose in an approximation of Hitler's moustache, and goose-stepped around the restaurant.  This could be considered 'grossly offensive' when not taken in context, notwithstanding the joke being directed toward Germans.  The thing is, nobody these days knows how to contextualise, because everybody's too busy losing their shit and trying to have things banned.

I will be interested to know if Count Dankula appeals, and whether his appeal is successful; particularly on a point of law.  This Count Dankula offends me in that he wears those pie-plate things in his ear lobes, but I'm not going to seek he be imprisoned for this, and even though sensitivities are getting weaker and Big Brother is growing stronger on a daily basis, I'm sure he can't be imprisoned for those lame-arse lug accoutrements.

This whole thing makes me segue to another thought: why is it necessary for some people to upload EVERY bloody thing they do onto social media?  He reckons he only taught the pup that trick to annoy his girlfriend, and the You Tube footage was not intended for everybody to see.  Mate, you're younger than I am, and therefore I'm pretty sure you know once something's on a social media platform like You Tube, it's pretty much open slather.  Teach whatever silly tricks you want to teach to the pup, but if you put it on the 'Net, expect some backlash if there is ANY hint of racism or anti-Semitism there.

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