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PSC wins Labia case

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In a landmark decision, the Human Rights Commission (HRC) has found that owners of private space used commercially for public purposes have no right of censorship or discrimination. The case arose out of a dispute between the Palestine Solidarity Campaign (PSC) and The Labia, the long-established and only remaining art-house cinema in Cape Town.

In February 2012, The Labia agreed, as part of its normal practice, to rent one of its cinemas to the PSC for the showing of the award-winning documentary film on Israel, ‘The Road Map to Apartheid’. The Labia then unilaterally cancelled this contract and did so without offering the PSC any explanation. Subsequent press reports, however, made it clear that the reason for this cancellation was that film was ‘Israel bashing’ and that The Labia’s owner ‘did not get involved in politics’.

Negotiations between The Labia, the Right-to-Know and the PSC resulted in a subsequent agreement that the film would be shown and would be followed by a panel discussion with the Zionist Federation being invited to be represented on the panel. The Labia cancelled this second agreement when the Zionist Federation declined the invitation.

The PSC appealed the HRC’s original decision, which was that the dispute was only a private contractual one and, as such, did not involve matters arising from the Constitution’s Bill of Rights. The HRC has now overturned this decision. It found that The Labia’s action, which was based on the content of the film, ‘constituted discrimination on prohibited ground, namely, belief or conscience’.

It further found that the discrimination ‘amounted to an unjustifiable infringement of the right to receive or impart information or ideas in accordance with Section 16(1) (b) of the Constitution.’ The Labia now has three months in which to show the film it banned.

Welcoming the HRC decision, Martin Jansen, the PSC’s chairperson said he hoped it would serve as a salutary encouragement for people not to be intimidated by Zionist intolerance of anything critical of Israel.
“The right to information is sacrosanct,” he said.

“Israel’s ever increasing crimes against the Palestinian people makes the free flow of information all the more urgent.” VOC

 


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2 comments

  1. Before 1967 the arab world never even spoke of 'The palestian people' the whole thing is a red herring created by the muslim world to try and force some kind of an imaginary claim the think they may have on Jerusalem because of some fairytale about riding a buraq over night and touching down in Jerusalem…. There is no proof WHATSOEVER that this night journey took place anyway , its all fantasy.
    I notice that the VOICE OF THE CAPE never condemned the Gazians firing rockets into Israel trying to kill civilians yet you condemn Israel firing rockets into Gaza.

    The common denominator here is your Quran and that it contains more anti-semitism than Mein Kampf. The Islamic position regarding Israel is that they want it removed off the face of the planet and that they want Dar-es-Salaam estalished in the Arabian peninsula ie 100% Muslim … And then to invict surah 9:29 on the remaining Jews and Christians in that area ie fight and subjugate them least they pay the jiziah…… I know that VOC will not publish this comment , because it rings true in the ears of muslims and non muslims. But i notice how you hate censorship of a video regarding israel/palestein but you will censor this comment..

  2. doug…don’t be stupid..the reason why there was never spoken about the plestinins was becoz they hd their land…which was stolen…and the jews of Palestine were living happily with there muslim brothers….go read ur history…don’t just suck out becoz u want to feel important..u moron

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