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EESTI ELU neljapäeval, 1. aprillil 2021 — Thursday, April 1, 2021
Nr. 13
Recollections in Rasgueado: Classical guitarist Roman Smirnov plays for EMW’s next online concert English-language supplement to the Estonian weekly “EESTI ELU” Tartu College Publications Founding Chairman: Elmar Tampõld Editor: Laas Leivat 3 Madison Avenue, Toronto, ON M5R 2S2 T: 416-733-4550 • F: 416-733-0944 • E-mail: editor@eestielu.ca Digital: www.eestielu.ca
Where does freedom of speech end and hate speech begin? In 2016 the European Union and major online platforms came to an agreement by adopting a Code of Conduct in regulating online hate speech. Illegal hate speech is defined by the EU as the public incite ment to violence or hatred directed to groups or individuals on the basis of certain charac teristics, including race, colour, religion, descent and national or ethnic origin. The EU Commission has perceived online hate speech to be a serious challenge that had to be controlled comprehen sively by a self-regulatory ap proach. It concluded that the dissemination of illegal content, including terrorist messages, through online platforms such as Facebook, Twitter, etc., crea ted an unsafe environment for users. Observers have seen that threats, abuse and intimidation on social media can exponen tially multiply and be dangerous for targeted individuals and groups. Posts of online hate speech cannot be removed as easily as they spread. A 2016 survey indicated that 75% of those that follow or participate in online debate or discussion had either witnessed or been the subject of abuse, threat or hate speech. EU law deems hate speech, both off- and online to be ille gal. In the USA, on the other hand, ‘hate speech’ is not a le gal term. Most of what would qualify as hate speech in other western countries the US Supreme Court has repeatedly ruled as legally protected free speech under the constitution’s First Amendment. The USA has traditionally referred to its constitution in vigorously pro tecting free speech. But many restrictions still do exist such as those that incite ‘imminent lawless action’, that censor obscenity, etc. In Canada, freedom of ex pression is protected as a ‘fun damental freedom’ in the Canadian Charter of Rights and Freedoms. The Charter, how ever, permits the government to enforce ‘reasonable’ limits on hate speech, obscenity, defama tory libel, counselling suicide, perjury, fraud, etc. Freedom of
expression is restricted in Cana da by anti-hate laws targeted against messages that incite hatred towards members of par ticular groups. Simply put, they prohibit hate propaganda by imposing criminal sanctions against those who willfully advocate genocide or incite hatred in public. But do these restrictions limit freedom of expression? In Canada, the Supreme Court has found that a number of the anti-hate propaganda laws to be infringements of the right to freedom of expression. But the Court has considered them to be justified under the Charter and a reasonable limitation on rights in a free society. The Court finds that the harm caused by hate propaganda is contrary to aspirations of free dom of expression or the values of equality and multiculturalism. In Estonia, use of hate speech or its promotion, incite ment to violence and discrimi nation targeting a social group in public are specifically gov erned by the criminal code and are classified as misdemeanors. The penalty upon conviction is less severe than one for a crimi nal felony. Thus the European Com mission has directed all member countries to enact criminal legislation against hate speech. Within the EU, Estonia and Romania are the only two countries that have not crimi nalized hate speech. Last fall, the European Commission started infringement proceed ings against Estonia for not complying with its directive. This comes in the light of some other EU members legislating even more strict laws regarding hate crimes. Currently Germany has some of the world’s toughest laws on defamation, incitement to commit crimes and threats of violence, with prison sentences for Holocaust denial or inciting hatred against minorities. Last November, European police searched 83 apartments and other buildings through co ordinated raids in several countries, seizing evidence such as smart phones and laptops for evidence on criminal postings promoting racism and xeno phobia online. Germany, Italy,
Vincent Teetsov In the previous two “Memo ries of Home” concerts, the theme of home has been primarily addressed in terms of longing for an ancestral home as a descendant of immigrants in Canada. However, what does home mean when one’s studies and profession take them to different nations and connect them to other cultures? This will be a question to ponder when Roman Smirnov plays his online concert for Esto nian Music Week on Thursday April 15th at 8:00 PM. Stream the concert on EMW’s Facebook page (facebook.com/ estonianmusicweek) or VEMU’s YouTube channel (youtube.com/ channel/VEMUESC). Smirnov is a guitar player who is known for his virtuosity in classical and flamenco varieties of music. What he plays is reflective of a life path that has brought him together with people from all across the world and into new stylistic approaches. His connections to the Toronto scene and scenes abroad are plentiful. It really is spectacular to see how he takes the guitar rested on his knee and travels the world with it. Smirnov was born in Tallinn, Estonia. It was here that he be gan his study of classical guitar
France, Greece, Norway, Britain and the Czech Republic partici pated. Currently in Europe it’s seen that hate speech has been allowed to proliferate from two specific sources – those ad vocating a form of national socialism and those propagating terrorism. One notes that the Czech Republic was the only ex-Soviet Bloc country to join in the drive that has become an annual occurrence. Some observers suggest that one of the socio/ political triggers that helped in the collapse of the Soviet Union and is puppet regimes in east and central Europe was the wide gap between reality and restricted ideological commen tary. Then the trigger was finally pulled and restrictions on speech and expression were just about totally blown away. It seems that countries whose liberties were severely con trolled for 50 years and free dom of speech harshly limited are more cautious and sensitive to any limitations on free speech. (Although not a direct indi cator of its comparable status of freedom of speech, Estonia
Poster made by Laani Heinar, using photos from Roman Smirnov’s personal collection
at the Tallinn Music Conser vatory. This foundation led him to Moscow, and then onto the Rubin Jerusalem Academy of Music in Israel for his bache lor’s degree. In 1991, he joined the Estonian Composers’ Union, through which his music has been broadcasted on the radio and on TV. Germany was his next desti nation, where he earned his
ranks 14th in the Press Freedom Index in the world, a high posi tion for a post-Soviet-occupied country and in line with the European Union media policy. It’s a standing of which Estonia is proud.) While Estonia and Romania have not complied with the European Commission’s direc tive of enacting criminal legis lation against hate speech, several countries are moving to adopt even stricter laws. The main issue is how to refrain from limiting freedom of speech. It’s said that societies of countries with a long history of liberal democracy understand the consequences of restricting freedoms. But they also insist that for freedom to thrive, it must be accompanied by re sponsibility. Countries with radically dif ferent experiences of enjoying freedoms or suffering from their absence are not likely to agree on a unanimously acceptable solution in the near future. While repressive, totalitarian history must not be repeated, irresponsible, socially damaging speech cannot be tolerated. A balance is elusive, but rationali ty will eventually win.
Master’s degree at the Music Academy in Kassel. At the same time, he was a solo per former and leader of a chamber choir three hours away in Köln. At the turn of the millennium, he started playing with Shoom, a jazz band that has played for concert hall audiences across Israel. Then, in 2008, he made the big move to Toronto, Canada. Here, he has been teaching clas sical, baroque, flamenco, jazz, and other genres to students of the guitar. On the stage, he plays solo, but continues his practice of cross-genre mingling, writing for groups of musicians, and accompanying singers. He is an individual who is open to many styles. In November 2019, he and Wen Zhao, an esteemed player of the pipa (a Chinese lute), opened an extraordinary concert at the Aga Khan Museum, where traditional Chinese music and flamenco bounced between the two musicians with athletic speed and showed, once again, how the guitar can speak many musical languages. His way to Canada had nu merous stops, and as you will see in any musician who has been exposed to new musical situations, it has honed his intuition and sensitivity. This sensitivity was recognized when, in 2016, he won an Independent Music Award for his song “Reflection 1.” Two years later, this would set the pace for his album Reflections. Before the concert on the 15th, it’s highly recommended to listen to that album, especial ly his song “La Habana.” It’s a totally maximalist song, with
LAAS LEIVAT
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