A Zündel Editorial: 
                
                "A Book Is Not a Tree, and a Website Is Not
                  A Telephone!"
            
              Once again, my political opponents saw fit to haul me before yet another
              government body - this time the Canadian Human Rights Commission - to defend
              myself at great expense and inconvenience for things I say and write that
              have been deemed my right, according to the Highest Court in Canada. (Supreme
              Court decision, August 27, 1992)
  
              While I will pay my way, as I have done before, the taxpayers of Canada
              will pay, as they have done before, for the political monkeyshines of my
              opposition, the Holocaust Promotion Lobby of Canada. 
  
              Their absurd claim, this time, is that a California-based website, called
              the Zundelsite, is ". . . like a telephone."
            Some thoughts on Article 13
            
              Article 13 of the Canadian Human Rights Act forbids the communication of
              messages over telephones that could be construed as defamatory or inciting
              to hatred of any particular group. Specifically, the article was designed
              to limit the use of pre-recorded telephone messages which the Act might
              deem "defamatory", "inciting to hatred", or "offensive
              to a particular group". 
  
              It should be obvious that the Act on its face is a gross violation of any
              concept of Free Speech or Free Expression. Since my opponents may characterize
              any of my speech as defamatory at any time, it follows that the free speech
              of the whole must be subordinated to the complaints of the group. 
  
              Taken to its extreme, the equitable application of this Act would result
              in the ban all public communication. Of course, in the event we do not
              expect it to reach that far, because in the end the judiciary is allowed
              to decide which groups may have legitimate complaints. 
  
              Therefore we have two inhibitors of Free Expression and Free Speech in
              Canada: any group, which by its vocal criticism and energy may silence
              any or all other groups, and a small group of judges, who are now given
              the right to determine for all other Canadians what speech will and will
              not be protected. 
  
              The perniciousness of Article 13 underlies everything else involved with
              my case. The public minds of Canadians are vitiated and emasculated by
              this law. It ensures that in the private minds of Canadians the conviction
              will grow that small groups and the judiciary are depriving them of their
              freedom and human dignity. Because private, such thoughts will grow like
              weeds. 
  
              Because not allowed to be public, such thoughts will never be tested in
              the marketplace of ideas. Because private, the individual Canadian will
              become alienated from his State, its Laws, and its institutions. Because
              not allowed to be public, the individual Canadian will come to associate
              the regaining of his or her public freedom with the acting out against
              those who proscribe free speech. 
  
              In a word, this Act does not serve the best interests of Canada or the
              Canadian people. In fact, it will directly encourage and foster -- far
              beyond the reach of the Law -- a separation of the Canadian people from
              their Nation. 
  
              This Act only serves to further the interests of those whose ultimate aim
              is the dissolution of Canada altogether.
            A computer is not a telephone
            
              The limitation on telephonic speech itemized above is very clear to its
              object. The question is whether Internet web sites, insofar as they use
              telephone technology, are subject to the same limitations as telephonic
              speech.
  
              It should be obvious at first glance that one does not -- at the present
              state of technology -- use web sites in the same manner as one uses telephones.
              The receipt of a voice message is passive. One dials a number, and one
              listens.
  
              Web sites are different. In the first place, they are printed forms of
              communication, not verbal forms of communication. This alone constitutes
              a fundamental distinction in the medium, and it also constitutes a fundamental
              difference in the manner in which it should be protected. 
  
              Print speech has always been granted greater freedom and latitude than
              verbal speech, simply because of the intermediary levels of individual
              thinking required to the reading as opposed to the listening process. The
              decipherment of the printed word is an active process on the part of the
              reader, not passive as in listening or viewing. Reading thus involves the
              interaction of the reader with the text: this is also confirmed by all
              recent literary theory.
  
              Two other concepts are related to this. Because of the web site manner
              of transmitting information involves above all the printed word, its reading
              is ultimately an individual and private process. This is another facet
              of the protections given printed speech as opposed to the spoken word. 
  
              An individual may be forced to hear words spoken in public that he or she
              may not want to hear. But, absent billboards, no one will ever be forced
              to read anything they do not want to read. To argue that a book, or a web
              site, is capable of public offense is simply not possible. A book, and
              a web site, can only be read one at a time by one individual at a time.
              Web sites are not on show in some public place. They have no voice. They
              are not even visible unless a reader chooses to call them up on a screen.
  
              For these reasons, it is wrong to characterize web sites as billboards,
              as has been done on occasion. They are in fact simply books, and the Internet
              is the library that contains them. One can choose to read this or that
              book, because reading is a private and protected activity. Similarly, one
              should be able to choose to read this or that web site.
  
              This comparison of the Internet to a library, and web sites to books, is
              a comparison that will become clearer in future decades. We already know
              that more and more information databases are being transcribed to the Web.
              More and more books are being transcribed to the Web. We can foresee a
              day, not too long distant, when virtually all reading will be conducted
              off a computer screen. If the Canadian Human Rights Commission takes the
              extraordinary step and decides that private reading is a public act, we
              have not only established a precedent that we shall surely rue some day,
              we have also implicitly denied the right of privacy altogether.
  
              There is also the matter of cost. If a man or woman is unable to afford
              many books, then he or she must use a library or even inter-library loan
              in order to read. But we do not, because they use a public agency, attempt
              to limit their intellectual inquiry, decide their reading lists, or invade
              their privacy. Similarly, insofar as the web site reader uses a public
              access means, that is, telephone lines, or the Internet, that does not
              give the Commonwealth the right to interfere with his or her intellectual
              growth. Recognizing that only the wealthiest people can afford hard copy
              books of all the things they might want to read, yet website content costs
              virtually nothing to people who wish to read it, we can see that regulation
              of Internet reading lists would be ultimately discriminatory to the poor
              of all races and condition.
  
              To say that, because telephone technology is employed, that web sites should
              be regulated as telephones ignores not only the fundamental distinction
              between print and verbal media but also confuses a genetic relationship
              with a functional one. Web sites are nothing more than small printing presses.
              That their mode of transmission involves telephone lines does not make
              them telephones. Certainly, we know that books use paper, and paper is
              made out of trees, but we do not say that a book is a tree. 
  
              The second main point derived from the interaction of the reader and the
              text involves a level of communication and interactivity that transcends
              mere books and transcends also the one-way transmission of recorded telephone
              messages.
  
              If one reads a book, or an article, one can always communicate with the
              author or publisher. Conventionally, this can be cumbersome. ("Where
              does the author live?") But one of the benefits of the Internet is
              that communications are greatly facilitated. Thanks to e-mail hyperlinks,
              communications between reader and writer can become almost immediate. Also,
              the contents of a web site can be transmitted among other readers and shared
              freely among a reading list that might comprise hundreds or thousands of
              people. Under such circumstances the web site represents not merely a book
              in a library, but a book privately printed and distributed to a list of
              subscribers - for free! Surely the Human Rights Commission or the government
              of Canada would not want to infringe on the right of free association,
              or book subscription? 
  
              Specifically, the claim will be made when I appear before the Court of
              Inquisition of the Canadian Human Rights Commission on May 26 that web
              sites are not interactive, but rather passive billboards "spewing
              hate". As a result, some claim, web sites are only entitled to exist
              if they engage in "open debate" in some kind of forum with other
              web sites - that is to say, other books. 
  
              This characterization, too, is utterly false in practice. People do not
              read billboards at home, nor do they read their computers in the town square.
              Web sites are virtual books, not billboards. If we deny Canadians the free
              and open access to web sites of all types, then we may as well drop the
              pretense and burn all of our books at once. It takes choice and some inconvenience
              to access a website. If a billboard is lying flat on a roof and you have
              to climb to the top of the roof and stand on a ladder to read it, it isn't
              a billboard.
  
              Since the characterization is false, the proposed resolution is also false.
              To say that web sites must engage in "interactivity" involving
  "open debate" is to say that books we do not like must have objections
              scribbled in the margin. Part of free speech means allowing the integrity
              of the utterance. 
              Fair play requires that we allow a man or woman to speak their mind. An
              article, a book, and a web page are no different. 
  
              The response to books we do not like is to write our own books. It is not
              to require or demand equal time in the book itself, or to insist that the
              author of a book defend his or her views in a public forum. The marketplace
              of ideas is no less needful of freedom than the market economy. If a merchant
              sells a product no one wants, he may not blame his fellow merchant who
              is slowly and confidently building up a client base. Any attempt to limit
              the practice of the more successful and, frankly, more adept, businessman
              would be seen right through for the collectivist envy that it is. 
  
              So too with websites. If we seek to shut down those web sites whose ideas
              we do not like, we are shamefacedly admitting that our ideas have no moral
              or material worth whatsoever, and that no one will buy them. We admit we
              wish to use the power of the state and the Canadian taxpayer's money to
              shut down the competition, and force people to buy what we are selling.
              But the fact of the matter is that competition is not the reason no one
              is buying: people just do not buy things that are empty and worthless.
              That goes for me - and also for my opposition.
  
              The whole concept of free speech, as it has evolved in the English speaking
              world, is that if all are allowed to speak freely, then the collective
              voice, as though guided by an invisible hand, will in the end speak the
              truth, and will ring in tones that will redound to the benefit of all people.
              We tamper with that principle, in the interest of small and petty grievances,
              to our great peril.
            Ernst Zündel