Sky Broadband Denies TorrentFreak Fundamental Right to Free Speech

Sky Broadband Denies TorrentFreak Fundamental Right to Free Speech

January 5, 2014

Thomas Mennecke

This porn filter is generating a startling array of collateral consequences - such as the silencing of the popular technology and political news publication (or blog) TorrentFreak. TorrentFreak, as many know, is a purveyor of free speech, distribution of information, and minimal government involvement in those disciplines. You may remember that back in 1998, the United States tried passing its own "let's protect children with broad sweeping powers" legislation under the Child Online Protection Act, signed into law by then President Bill Clinton. The law was spectacularly shot out of the sky in the landmark 2007 Supreme Court decision, Reno v. ACLU.

Needless to say, pornography is protected speech under the First Amendment. Why? Because of the very reason that is now happening in the United Kingdom and TorrentFreak.

Here's the thing. The Supreme Court, and indeed much of the populace, realizes there's a balancing act that must occur when regulating speech - do we really want the government encroaching on various forms of expression, or are we willing to accept objectionable material in order to preserve our freedoms? Most people are willing to side with the latter. In other words, sure, people out there might find porn offensive, but there's always the on/off button if you don't like it. Without a logical stopping point to such laws, even the most ardent conservative is loath to accept government regulation in this realm.

From that stems the danger that we now see happening in the United Kingdom against TorrentFreak. Broad, sweeping legislation designed to "protect the children" usually goes far beyond those intentions. Taking a Gatling gun to a perceived illness not only hits the intended target, but just about everything else unlucky enough to be within the periphery. The problem isn't simply resolved by using TOR, proxies or other VPN service. Sure, they might help, but they are besides the point. The point is, the UK and UK ISPs have signed on to a dangerous piece of legislation, and in the process, have begun down a potentially devastating path of chilling speech.

We've tried reaching out to Sky Broadband on this issue, but have not received a response in time for publication. You can read more about this developing issue here.

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Sky Broadband Denies TorrentFreak Fundamental Right to Free Speech