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BBC defends Jo Brand over 'battery acid' joke

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I find it baffling the BBC allowed it to go out, all 6:30 comedies (if you can call it that) are prerecorded, they could have easily cut out that line. Interestingly the programme is no longer available on IPlayer radio whereas the Monday comedy (Just a minute) and the Wednesday comedy (John Finnamores souvainer programme) are.
Police have got involved anyway, leave it to them.
Original post by TimmonaPortella
Agreed. It is absurd that that attracted outrage. That it attracted criminal proceedings and, subsequently, a criminal sentence is troubling.

We don't solve that by turning around and insisting that Jo Brand be prosecuted for, essentially, the same thing.

If you want to make a fuss about double standards, fine, but it shouldn't be by way of trying to make Jo Brand face the consequences that we say people in that position shouldn't face.

If you hold the view that Count Dankula ought not to have been treated as he was following his obvious joke, you should be lining up with me to condemn Farage's reaction to Brand's.

Oh for sure. I'm just condemning the hypocrisy. Jo Brand can make whatever jokes she likes, she certainly shouldn't be prosecuted for it and Farage certainly shouldn't be calling for her prosecution.
(edited 4 years ago)
BBC have edited it out and apologised.
Reply 64
Original post by DarthRoar
Quote from the Met:

Incitement to hatred
The offence of incitement to hatred occurs when someone acts in a way that is threatening and intended to stir up hatred. That could be in words, pictures, videos, music, and includes information posted on websites.

Hate content may include:
- Messages calling for violence against a specific person or group.


"Why bother with milkshakes when you can get some battery acid" would definitely fall under that by the current standards of hate speech. If "I wouldn't even rape you" or teaching a pug to Nazi salute counts, then this definitely counts. Where's the outrage brigade then? Ahh, the double standards.


Except she didn’t tell anyone to throw either.
Original post by BenK64
Remember the outrage over Borris’ letterbox joke, the demands for an apology, the accusations of racism. Apparently it was islamophobic and incited hate against Muslims. Even though it was literally just mocking the ridiculousness of the burka and a religion that tells woman to wear it.


Yep, I remember it. I remember he didn't apologise and that there were ultimately no concrete. consequences for him beyond complaints. Didn't lose his Telegraph column. Didn't lose the Tory whip. Nothing.
Original post by 999tigger
Is Jo Brand a BBC employee? Baker was.
Brand was on a comedy show. Baker posted it on his own website.
There was no doubt that Brand was attempting a joke.
It was unclear and mystifying with Baker.

You need to compare like with like.


Plus people underestimate how much royal deference is still a thing. Was a while ago now so people might to remember, but there was a huge outrage against Jeremy Hardy when he called the royal family "parasites" on the BBC, which isn't really offensive to anyone beyond the royals themselves.
My opinion: She's a ****, but free speech ceases to be free when you put limits on it. Even incitement to violence should be covered under free speech, though the idiots who act upon said incitements to violence should of course be prosecuted for their acts of violence. As Voltaire said; 'I may disagree with what it is you say, but I would defend to the death your right to say it'. Something like that, anyway.

- Rabid lefties should be free to say 'battery acid instead of milkshakes'

- Nazis should be free to say 'the all-controlling Jews are the enemy of all Europeans'

- Muslims should be free to say 'convert or die, it's Jihad time'

- White nationalists should be free to say 'black people are less intelligent and shouldn't be in our countries'.
(edited 4 years ago)
Original post by Kill3rCat
My opinion: She's a ****, but free speech ceases to be free when you put limits on it. Even incitement to violence should be covered under free speech, though the idiots who act upon said incitements to violence should of course be prosecuted for their acts of violence. As Voltaire said; 'I may disagree with what it is you say, but I would defend to the death your right to say it'. Something like that, anyway.

- Rabid lefties should be free to say 'battery acid instead of milkshakes'

- Nazis should be free to say 'the all-controlling Jews are the enemy of all Europeans'

- Muslims should be free to say 'convert or die, it's Jihad time'

- White nationalists should be free to say 'black people are less intelligent and shouldn't be in our countries'.

Thats rather stupid. The incitement is the offence. Good job your opinion isnt the law.
Original post by 999tigger
Thats rather stupid. The incitement is the offence. Good job your opinion isnt the law.


You called me stupid. I take offense. Therefore it's incitement to violence.

Good job your opinion isn't the law.
Farage, of course, still has his LBC show two years after calling for people to "don khaki, pick up a rifle and head for the front lines" is Brexit doesn't happen.
Original post by Kill3rCat
You called me stupid. I take offense. Therefore it's incitement to violence.

Good job your opinion isn't the law.


Its clear you dont even understand what incitement is and why we have it as an offence.
Your chain of reasoning is laughable.
Actually my opinion coincides with that the law actually is.
Original post by 999tigger
Its clear you dont even understand what incitement is and why we have it as an offence.
Your chain of reasoning is laughable.
Actually my opinion coincides with that the law actually is.

Incitement is defined as provoking or calling for acts of violence. In UK law, incitement is defined as 'persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime'.

I'd say that's flexible enough that I could make an argument in court that your comment was incitement, even if ultimately the judge or jury disagreed (after all, law in Britain can be highly subjective and especially in minor civil law cases 'common sense' can overturn the exact letter of the law).

By the way, when I said 'I take offence' I was making a bad pun, using the multiple meanings of the word 'offence' to mean both a criminal offence, and subjective personal offence.
(edited 4 years ago)
Reply 73
This get-out card of it being a 'joke' and the claim of immunity from criticism because she is a 'comedian' simply doesn't cover the ground, that would immediately become evident the moment someone made a similar joke but the other way. The BBC would come out in a rash, for starters. Had they been caught napping and broadcast an anti-Remainer similar joke and the uproar would have had them apologising profusely first thing in the morning. As much chance of that as with the breaking of Sir Cliff.

It's not a joke, it's a nasty remark of a political nature that has nothing funny about it. I love a good laugh and had some with her but to say that she meant it as a joke and treat it as such is a distortion of the facts. It's treating it as if every thing Jo Brand says is to be seen as funny and immune from criticism of any kind because she is a comedian, the position the BBC will make a stand on. It's not even that much that they do, the thing is that a comedian making a joke the other way would be escorted from the building by security. Maybe not literally but effectively, that is the problem.
(edited 4 years ago)
Reply 74
Original post by 999tigger
Its clear you dont even understand what incitement is and why we have it as an offence.
Your chain of reasoning is laughable.
Actually my opinion coincides with that the law actually is.

You know I have bigger concerns elsewhere but would you agree it can be seen as an incitement to hatred?
Original post by Kill3rCat
Incitement is defined as provoking or calling for acts of violence. In UK law, incitement is defined as 'persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime'.

I'd say that's flexible enough that I could make an argument in court that your comment was incitement, even if ultimately the judge or jury disagreed (after all, law in Britain can be highly subjective and especially in minor civil law cases 'common sense' can overturn the exact letter of the law).

By the way, when I said 'I take offence' I was making a bad pun, using the multiple meanings of the word 'offence' to mean both a criminal offence, and subjective personal offence.

Err no I called you stupid, which you continue to provide evidence for.
Where does that amount to persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime?
Actually there are precedents for all stages of that definition as to what they mean, so no you couldnt make a case for it.

Maybe you should concentrate on your exams and I hope for your sake law wasnt one of them.
Original post by z-hog
You know I have bigger concerns elsewhere but would you agree it can be seen as an incitement to hatred?


Is there such a crime? There are obviously hate crimes, but care to show me which law applies in this case?
It was a joke in poor taste imo and it would have been forgotten if it hadnt been for all the faux outrage.
The police are now investigating to satisfy that outrage.
Original post by gjd800
Not often I agree with Nige but yeah, poor form here.


oh please if Nige makes an off-colour joke about race or religion everyone cries 'waaah freedom of speech'
but he has the nerve to be offended by someone elses free speech

it was clearly just said in a joke, i seriously doubt she was trying to incite any violence
if Farage made a joke about throwing acid at muslims every supporter of his would be quick to defend him
Reply 78
Original post by 999tigger
Is there such a crime? There are obviously hate crimes, but care to show me which law applies in this case?

In the United Kingdom, several statutes criminalize hate speech against several categories of people. The statutes forbid communication that is hateful, threatening, or abusive, and targets a person on account of disability, ethnic or national origin, nationality (including citizenship), race, religion, sexual orientation, or skin colour. The penalties for hate speech include fines, imprisonment, or both. Legislation against Sectarian hate in Scotland, which is aimed principally at football matches,[citation needed] does not criminalise jokes about people's beliefs, nor outlaw "harsh" comment about their religious faith.


I never wanted to get technical about it and your personal opinion of whether she is stimulating/inciting/encouraging/promoting hatred would do but since you ask... she is being hateful but it's not clear whether political opponents are insured against it. I think the projecting of her hatred is an act of something, whatever we want to call it but funny and well-natured it ain't.
Original post by Kill3rCat
Incitement is defined as provoking or calling for acts of violence. In UK law, incitement is defined as 'persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime'.

I'd say that's flexible enough that I could make an argument in court that your comment was incitement, even if ultimately the judge or jury disagreed (after all, law in Britain can be highly subjective and especially in minor civil law cases 'common sense' can overturn the exact letter of the law).

By the way, when I said 'I take offence' I was making a bad pun, using the multiple meanings of the word 'offence' to mean both a criminal offence, and subjective personal offence.


There you go.

Incitement

Section 59 of the Serious Crime Act 2007 abolished the common law offence of incitement, with effect from 1 October 2008.

For offences committed before that date, incitement occurs when a person seeks to persuade another to commit a criminal offence. A person is guilty of incitement to commit an offence or offences if:

They incite another to do or cause to be done an act or acts which, if done, will involve the commission of an offence or offences by the other; and
They intend or believe that the other, if he acts as incited, shall or will do so with the fault required for the offence(s) R v Claydon [2006] 1 Cr. App. R. 20.

It is not a defence to a charge of incitement that the other person, for whatever reason, does not commit the offence, or commits a different offence to that incited.

The prosecution must show that the person accused of incitement intended or believed that the person incited would, if acted as incited to do so, do so with the mens rea appropriate to the offence.

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