Please don't let us go down the road of book banning!

An interesting article on the AOL site today. John Reid is to begin a consultation process and publish draft proposals to stop convicted criminals writing their memoirs (and presumably profiting from them).
http://news.aol.co.uk/criminals-face-ban-on-book-writing/article/20061027084809990001

So what is the issue here? Whilst I can see how emotive factors such as the Ian Huntley murders could be a prime mover, as progressives should Labour members and MPs be supporting this action?


Just what is being proposed here? I can see that this is aimed at the criminals who want to have a best seller by recounting their criminal careers, but it effectively also means we are getting into banning books and all that entails. As well as paedophile murderers, it would affect those books by "celebrity" gangsters who have been convicted and paid their debts to society.

However it is the potential infringement of civil liberties I have the most concern about. If Ian Huntley was to publish a book, I'd rather it be left to rot as a flop than have legislation banning the sale of his memoirs. Please let us not start down the very dark path of banning books, no matter what their content or who is the author.

Would this new legislation mean the autobiography of a convicted terrorist be banned? One who wrote extensively about his criminal acts? A certain Nelson Mandela? Think about it...


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Re:Banning books by Offenders (#1)

This is a difficult issue.  Permitting a book to be published by an offender ensures that the offender's rights are protected.  However, should not the interests of the victims be taken into account?  I seem to remember that relatives of Mary Bell's victims were very upset at reading a book on the offences and angry at all the inaccuracies.  Mary Bell did not write the book - (she did however contribute) and received money from the author.  Geoffrey Archer has written about his experiences in custody but this differs from writing a book about ones own crime particularly if it is a gruesome murder. This is not an easy debate as too often offenders dehumanise victims to enable them to cope psychologically with the act they perpetrated. A paedophile will maintain that a child is a willing sexual partner, a murderer that he/she was goaded etc.  Rape trials are hard to prove because the character of the victim is pulled apart by defence lawyers.  Victims and their families also have rights and I think for too long our system has favoured the offender.  Hopefully John Reid is attempting to balance the scales.

Re:Banning books by Offenders (#2)

I would have a huge moral problem with giving money to someone convicted of an horrific crime by buying their book. However, I don't think I have the right, in this instance, to impose my morals on others.

While I would encourage them not to, it is for others to decide for themselves whether they buy such a book - thereby deciding that their curiosity is more important to them than withholding their money from convicted criminals.

I'd like to see such books have a bright orange sticker on the cover stating "£x from the purchase of this book will go to Mr/Mrs X, a convicted murderer/rapist/whatever" - that way people could make an informed moral judgement for themselves.

I don't think a blanket ban is right - it's not the sort of thing the state should be doing. That said, it'll make for great pro-Labour headlines in the Sun and Mail :)

Re:Banning books by Offenders (#3)

"Freedom of expression constitutes one of the most essential foundations of such a society, one of the basic conditions for its progress and for the development of every man... It is applicable not only to "information" or "ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but all to those that offend, shock or disturb the state or any sector of the population. Such are the demans of that pluralism, tolerance and broadmindedness without which there is no "democractic society"" (Handyside vs UK)

Article 10.2 makes clear that the exercise of this freedom carries duties and responsibilities..one of which is "for the protection of the reputation or rights of others".

I may be mistaked but the case law is mainly about the reputation of others not their feelings. If we tolerate the broadcast of that Hindly based drama on Channel 4 how is that any different than if she herself had published a book? Well we cant rationally assess offence in my opinion. What we can do however is not impinge of freedom of expression but ensure that convicts may not gain a financial benefit from their crimes. Surely thats the correct role of the State? Not to suppress expression but to punish "immoral" earnings?? After all if the convict feels so inclined they can still publish for free on the internet.

So yes John Reid by all means take action but ensure its considered. Ensure that you dont drag the HRA and ECHR through the mud in the process.