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Arbeit macht frei: - Fredrick Töben

Arbeit macht frei: - Fredrick Töben

Arbeit macht frei: - Fredrick Töben

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trying to make up for their country’s Nazi past. Joe Gutnick inflicted<br />

significant damage on free speech in Australia in 2002 when he<br />

convinced the High Court that a comment in a Dow Jones online<br />

publication published in the US could be the subject of libel<br />

proceedings under Australia’s absurdly restrictive defamation laws,<br />

rather than in the US.<br />

If we accept this approach, then, depending on extradition treaties,<br />

bloggers and online publishers could find themselves suffering the<br />

same fate as Toben — hauled off to a country where expressing a<br />

particular opinion constitutes an offence, regardless of whether it is an<br />

offence in their own country — or one they happen to be in at the<br />

time.<br />

Sounds melodramatic, right?<br />

Andrew Sinclair of the Queensland Council for Civil Liberties, while<br />

not commenting specifically on the Toben case, raised a scenario.<br />

What happens to an internet activist if a plane is forced to land, like<br />

the Qantas flight last week, due to a mechanical emergency, and<br />

touches down in a country with an extradition treaty with a jurisdiction<br />

with harsh restrictions on free speech? Toben’s plane was on a<br />

scheduled stopover at Heathrow when he was seized and taken from<br />

it. To this extent, he is arguably responsible for his current<br />

predicament, and should have avoided any EU country. But what if he<br />

had been on a plane that was forced to land in an EU country due to<br />

mechanical fault?<br />

The combination of the UK’s willingness to extradite people when<br />

they have committed no offence under UK law, and goverrnments’<br />

willingness to claim jurisdiction over the internet, has trapped <strong>Fredrick</strong><br />

Toben. We should be speaking up for him now, rather than waiting<br />

for a more appealing victim of this attack on free speech. And so<br />

should our Government.<br />

http://www.crikey.com.au/2008/10/15/on-freedom-of-speech-and-gerald-fredricktoben/<br />

Seven months later, on 12 June 2009, ABC-TV came up with a world first<br />

by labelling me a ‘Holocaust questioner’:<br />

An Adelaide Holocaust questioner has won another reprieve from jail<br />

after he was granted leave to appeal against a contempt ruling. <strong>Fredrick</strong><br />

<strong>Töben</strong> has been ordered to serve three months in jail for breaching<br />

Federal Court Orders 24 times by publishing material vilifying Jewish<br />

people on his website. <strong>Töben</strong>’s arrest was put off while the court decided<br />

whether he would be allowed to appeal. It was put off again today when<br />

the court ruled an appeal will be heard in August. <strong>Töben</strong> has promised<br />

not to leave the state except to see his Melbourne-based lawyer.<br />

http://www.youtube.com/user/<strong>Fredrick</strong>Toben#p/u/7/IqHJxm-_MfE<br />

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