Persecution of Bloggers
Call me crazy but persecution of bloggers under national law has no foundation because the crime they are accused of does not happen within national borders.
It happens online, an infinitum space that transcends electric fences and border guards with their dogs. International law itself does not have a leg to stand on should it want to accuse bloggers of online crime and misdeamenour.National law is landlocked. It is found in boxes called boundaries. It is also written. The accused is tried for the breach of Section XXX of criminal, civil law or religious law.
Computers, cell phones and other electronic devices bloggers use might be in a certain country, but the product i.e. their blogs are published in a borderless zone. They don’t need visas to publish their opinion.
The scene of the crime is an important factor in law that is why countries have extradition treaties. I commit a crime in Country A and run away to Country B. Country B can hand me over if there is an extradition treaty between the two countries.This might also be incorporated in economic zones such as the European Union but I haven’t checked.
There can be no extradition treaties about blogging because the so-called crime happens in nobody’s country.The blogger pressed the ‘send’ button and the whole world became the scene of the crime.
Countries that persecute bloggers are aware that they cannot justify the persecution. That is why they don’t use national law embedded in statute books.For example, I’m not aware of bloggers being charged with treason or disturbing the Queen’s peace or is it Prince George’s peace now?
Instead, persecuting countries have new charges such as setting up ‘liberal’ networks or bloggers being accused of ‘rumour mongering’. National law should describe in detail what these charges are, so that bloggers can avoid them in their next posts.Otherwise, bloggers are not breaking any national or international law. They are online columnists.