query: The people are interested in the health of their leader  The health of the leader of the state is an issue that the people and the media inevitably want to know about. There will always be a lot of interest in it. Occasionally this can be played by the administration as with Kissinger saying he was ill and using time to fly to Beijing to arrange for Nixon’s visit without press attention. But most of the time keeping things from the press is purely negative; it drives rumors.  This was the case of John Atta Mills, people were not allowed to know about his health. The presidential staff and communication members constantly lied about his health but there were two reports that he had died. Mills spent time in a US hospital, on returning to Ghana, he was made to jog around the airport to show the media that he was healthy. 1  1 Committee for Social Advocacy, 'Who and what killed President John Evans Atta Mills?', Modern Ghana, 13 August 2012,

positive: ch debate free speech and privacy health general international africa politics The media always want a good story; they are interested in the health of celebrities when there is no clear reason why they should have any right to this private information. The health of the leader is not something that the press or public needs to know about unless it is an illness that is likely to affect the president’s capacity to make decisions. A government’s decision should not be based upon the possibility that information on the leader’s health will leak and should take a consistent line that it is a private matter or provide a bare minimum of information.

negative: free speech and privacy health general international africa politics Denial of privacy to the leaders  The leaders of states deserve privacy in exactly the same way as anyone else. Just like their citizens leaders want and deserve privacy and it would be unfair for everyone to know about their health. Leaders may suffer from diseases such AIDS/HIV or embarrassing illnesses which could damage a leader.  The people only a need for the people to know when the illness significantly damages the running of the government. The government can function on its own without its leader for several days; only if the illness incapacitates the leader for a long period is there any need to tell the people. Clearly if the President is working from his bed he is still doing the job and his government is functioning. William Pitt the Younger, Prime Minister of Great Britain was toasted as 'the Saviour of Europe' while he was seriously ill but still running the country during the height of the Napoleonic Wars. 1  1 Bloy, Marjie, 'William Pitt the Younger (1759-1806)', Victorian Web, 4 January 2006,

negative: ch debate free speech and privacy health general international africa politics Administrative capabilities should not be compared to health. Unhealthy leaders may perform better than the healthy ones, people could be misled to choose inappropriate leaders while taking health as a black spot while the leader could actually have a better potential than the rest. If the electorate had just elected on the basis of health, or had been fully informed about presidents health then it is plausible that neither FD Roosevelt of JF Kennedy would have been elected. Neither completely hid their illnesses but they were not discussed and did not become election issues as they would have in a modern election. 1  1 Berish, Amy, ‘FDR and Polio’, Franklin D. Roosevelt Presidential Library and Museum,

negative: free speech and privacy health general international africa politics Transparency allows citizens to choose for a healthy leader as to ensure proper functioning  The health and fitness of a leader is a vital issue when choosing a leader; the electorate deserves to know if they are likely to serve out their term. When health conditions are hidden from the people they may mistakenly elect a leader who is unable to serve a full term or is at times not in control of the country. There would be little point in voting for a leader who will often not truely be in charge of the country, if voters are told it becomes their choice whether this is a problem. Transparency in terms of clear, accurate and up-to-date information is necessary for the electorate to judge the fitness of a leader which is a necessary precondition for election. In a democracy a leader needs to be accountable, he can only be accountable if the elctorate knows such vital information.

negative: No clear dividing line between public and private can be made.  No clear dividing line can be drawn between public and private behavior; drawing up rules would be arbitrary and would prevent some corrupt, dubious or dishonest behavior from being exposed. For example, President Mitterrand of France hid his cancer from the French electorate for years. Was this a public or a private matter? He also had a mistress and illegitimate daughter, who were secretly taken on some of his foreign visits at state expense. [1] Again, is this a private or a public matter? The creation of solid distinctions would undermine the power of the press to carry out its watchdog role because in a scenario where such strict rules existed something in the public interest could be transpiring in the private lives of public figures and the media powerless to report it.  [1] Allen-Mills, T. (2009) From The Archive: Mitterrand’s Illegitimate Daughter is Revealed. [online] [accessed 14th July 2011](paywall)

negative: free speech and privacy health general international africa politics When leaders choose to serve the country they should be ready to sacrifice their privacy for the country. There is clearly a different standard for those who are in government and should be publicly accountable to those who are not. Even more minor illnesses can damage the running of the country through either affecting the judgment of the leader or limiting the amount of time he can work. The people have the right to demand their leader has his full attention of the issues affecting the nation. If he can't do that then he should resign.

negative: free speech and privacy health general international africa politics Damages diplomacy to be too open  Diplomacy can be very personal; diplomatic initiatives are often the result of a single person, and the individual leader is necessary to conclude negotiations. Transparency about a leader's health may therefore prevent deals being done; Nixon went to China despite Mao's ill heath meaning the supreme Chinese leader contributed little to the historic change in diplomatic alinements. 1 Would such a momentous change in alignment have been possible if both the Chinese and American public knew about Mao's ill health? The Americans would have considered any deal unreliable as they could not be sure it was Mao who made the decision, while opponents in China could have argued that it was advisers like Zhou Enlai who made the deal not Mao himself potentially enabling them to repudiate or undermine the deal.  1 Macmillan, Margaret, Seize the Hour When Nixon met Mao, John Murray, London, 2006, p.76

negative: free speech and privacy health general international africa politics Deputy leaders are appointed and they are well versed with how the leader is managing issues and are capable of taking up the role immediately after the leader resigns or dies. Being open and transparent about a leader being ill simply creates the lack of stability. If he lives it is best if the illness is not revealed as everything will carry on as before. If the leader dies then it is best nothing is known until his successor is announced so reducing the period of uncertainty.

negative: free speech and privacy health general international africa politics If the leader in-charge is in illness, to avoid any repudiation, the representative from the other side could meet the leader in order to confirm or even have a video conference with the leader in charge. The leader only needs to set the overall policy, not negotiate the fine details. When Nixon went to China the Americans knew Mao was ill but realised that he still set the overall direction of policy.

negative: The focus of elections should be on policy, not personal issues like financial records  Discussion of candidates’ personal finances serves only to obscure the real issues facing society. When the focus becomes on how much tax Candidate X paid and what loopholes he or she exploited, the media tends to latch onto it. It sells more newspapers and gets more hits online to make a salacious story about the financial “misdeeds” of a candidate than to actually discuss what he or she stands for. It fuels the growing tendency of the media to attach itself to petty commentary rather than real investigation and analysis. Ultimately, an examination of the personal finances of a candidate tells voters little about what he or she stands for on the issue of state finances. Throughout history, personal financial success has been shown to not necessarily correlate with political acumen. For example, William Pitt became the young, and one of the longest-serving Prime Ministers of the United Kingdom, yet he was in extreme debt when he died. [1] Narrow attention paid to personal finances takes up people’s limited time available to consume useful information to direct their voting, and the news media have limited air time to discuss issues. It is best that both use their time to maximum effect, and not be sidetracked by distractions.  [1] Reilly, Robin (1978). Pitt the Younger 1759–1806. Cassell Publishers.

negative: The private lives of politicians are a harmful distraction for the media  When the lives of politicians are fair game, they necessarily become a major target for journalists. Salacious gossip sells much better than more complicated stories about policy, so they are given pride of place. The result is the media wasting time and resources on pursuing stories that are ultimately generally useless in divining policy and progress in a society. The media is society’s watchdog, and its duty is to protect the people from untruths in policy and to shield them from wicked decisions. Focusing on the personal lives does nothing to serve the actual material interests of the people. Thus when the media reports on the private lives of politicians over the more meaty issues of the day, it abrogates its most fundamental duty to its citizens. The best example of this occurring is certainly the Lewinski affair in America. While it was deeply unfortunate that the president would use his power to solicit the sexual favours of an intern, the near maniacal fixation with which the media attended the story served to halt the process of government for many months. Bill Clinton spent much of his time and energy obfuscating and apologising for his private life, while the Congress dithered over who could be the most righteous in their opposition to the president. [1] The result was one of the most farcical standstills in the history of American governance. Absent the media reporting on this story and delving into the lives of those involved, America might well have been able to focus on the things that mattered.  [1] Gitlin, T. “The Clinton-Lewinsky Obsession: How the Press Made a Scandal of Itself”. The Washington Monthly. December 1998,

negative: The three examples prop cites come from a quite different period in history. President Sarkozy’s personal life, in contrast to his predecessors, received massive scrutiny in the domestic and international press.  Furthermore, alcoholism is a rather different case to measles if, as has been alleged online, Calderón has been drunk to the point of incapacitation at official functions, that impacts on the image of Mexico in the world. This can be shown by the laughing stock that Boris Yeltsin became around the world. [i] It should also be noted that the President having a relatively minor ailment may have been an issue as his secretary highlighted in response to the allegations "During the four years of his administration, he has never missed any event because of health problems". [ii]  [i] BBC News, ‘Boris Yeltsin: Master of surprise’, 31 December 1999  [ii] Booth, William, ‘Respected Mexican journalist fired for addressing Calderon drinking rumor’, Washington Post, 11 February 2011

negative: Compulsory vaccination is an example of the tyranny of the majority even if it is made by a democratic government. And in a community that praises itself as democratic and respectful to wishes of others it is in no way acceptable that the rights of some get abused by the wishes of others.  John Stuart Mill has set philosophical basics: “the majority… the people, consequently, may desire to oppress a part of their number; and precautions are as much needed against this, as against any other abuse of power… In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign. [1]  The state (or the majority) can only dictate to the individual is if that individual’s actions adversely affect the collective. Therefore the question is ‘what is the purpose of the vaccination?’ if it is to provide individuals with their own protection then autonomy of decision-making and individual liberty should predominate as guiding principles.  Under these circumstances there can be little justification of any coercion on the part of public health officials, in particular the use of mandatory vaccination legislation. If it is more based upon public harm i.e. the more chance of the virus infecting from one human to another then the less this defense can be used. [2]  [1] Mill, John Stuart. On Liberty. London: Longman, Roberts & Green, 1869; Bartleby.com, 1999. www.bartleby.com/130/ . 2nd October, 2009, Chapter 1, paragraph 9  [2] University of Toronto Joint Centre for Bioethics, Medical ethics experts identify, address key issues in H1N1 pandemic, FirstScience News 23rd September 2009  , accessed 05/29/2011

negative: The incentive for corruption and self-enrichment in office is increased by term limits.  With term limits, a leader will, after he enters his final permitted term of office, not have to face the electorate again, meaning he can do whatever wants, to an extent. This encourages corruption and self-enrichment on the part of leaders in their final term of office when they do not need to face the people to answer for poor management. There is likewise less incentive to follow through on election promises to supporters, since their withdrawing support can have little tangible impact on a lame duck. Furthermore, lame duck leaders can devote time to buddying up to businesses and organizations in order to get appointments to lucrative board seats after they leave office. This has often been the case in Western democracies, where former heads of state and government find themselves being offered highly profitable positions upon their retirement. [1] Imposing term limits necessarily increases this sort of behaviour, as leaders look more toward their retirement during their final years of office, rather than to the interests of the people.  [1] Wynne, Michael. 2004. “Politics, Markets, Health and Democracy”. University of Wolongong. Available:

negative: Of course people need to be held to account and in some cases the publication of the private affairs of public figures can be justified. However, on the whole, most reporting into the private lives of public figures is simply gossip which the public has no need to know and is holding no-one to account. Instead it is often simply being used to sell media products. There are hundreds of examples which could be cited of such intrusion, often involving actors/actresses and models which offer no real justification at all as to why they were printed. Printing stories about celebrities on holiday for example is not holding them to account or benefiting society in an actively positive way.  This can also extend to those in more traditional power roles. Is it in the public interest to know all the details about the private lives of politicians and CEOs if what is being reported does not have a direct effect on their role? For example Max Mosley, the now ex-president of the Fédération Internationale de l'Automobile (FIA), a group which not only represents the interests of motoring organizations but is also the governing body for Formula One, was exposed in 2008 by the now defunct News of the World newspaper as being involved in a sadomasochistic sex act which involved several female prostitutes. The reporting of this was unnecessary as the event did not have a direct effect on his running of the FIA and was therefore not in the public interest. Mosley took the case to the UK High Court claiming infringement of his private life and the court found in his favor. [1]  [1] BBC (2008) Mosley Wins Court Case Over Orgy. [online] [accessed 14th July 2011]

negative: If ministers were visiting the shrine as part of their private lives then they should visit anonymously not publically as part of the large events at the shrine. If an individual is going under the glare of the media to take part in a formal event then it is clearly they are not doing so just for their own private and domestic reasons because it is a public event. As a public event then the position of the person in question becomes important.

negative: ASBOS breach basic principles of justice  “A youth recently appeared in Court in Manchester for breach of his ASBO. The Order had been made in the youth's absence without his being able to give his side of the story (one of the main concerns about ASBOs and one that can lead to misuse). The day after the Order was made someone came to his house to "serve" it on him. This consisted of his being handed a copy of what was a fairly bulky document running to several dozen pages with no attempt to explain it or even to ascertain if he was literate enough to read it. The Order included an restriction preventing him entering a particular estate nearby and another preventing him from associating with certain others. Unfortunately, he went out before reading the Order and beached it twice that day. The next day he went out again and breached it three times by mistake as he had not read the part covering the particular restriction. He now faces possibly custody although he has never been convicted of a criminal offence.” [1]  The issuing of ASBOs is inconsistent and almost amounts to a geographical lottery. People can be jailed for breaching an ASBO where the original offence was itself non-imprisonable – i.e. A civil procedure is being used to create and expand criminal sanctions. ASBOs have also been imposed on people with mental health problems where treatment would have been more appropriate.  [1] Select Committee on Home Affairs, ‘Anti-Social Behaviour Orders – Analysis of the First Six Years’

negative: The ethical implications of paternalism are that the government is taking away personal freedoms because the government presumes that it “knows best” for the population. Paternalism inherently assumes that individuals cannot be trusted to make its own decisions. Personal freedom, however, is a cornerstone of the United States; The Constitution and the Bill of Rights guarantee individual’s freedoms, limit the role of government, and reserve power to the people. [1] A competent person’s freedoms should never be infringed upon, even for that person’s own good. John Stuart Mill wrote, “. . . the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right.... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is of right, absolute, over himself. Over his own body-mind, the individual is sovereign”. [2] The paternalistic policies cited by the proposition that apparently set a precedent for this ban on soda are not good comparisons. Smoking bans for example are paternalistic in nature yet are morally acceptable because smoking not only harms the person but also those surrounding the smoker through passive smoking. Henry David Thoreau was quoted in saying "[If] . . . a man was coming to my house with the conscious design of doing me good, I should run for my life". [3] No government can be sure that their policies are what are universally right for its people; this should be left for the individual to decide.  [1] McAffee, Thomas B., and Bybee, Jay S., ‘Powers reserved for the people and the states: a history of the Ninth and Tenth Amendments’, Praeger Publishers, Westport, 2006, P.2  [2] Mill, John Stuart, On Liberty, 1859.  [3] Andre, Claire, and Velasquez, Manuel, ‘For Your Own Good’, Issues in Ethics, Vol.4, No.2, Fall 1991.

negative: Those in power need to be held to account  All people that are considered public figures have, to one degree or another, the power to affect society; be it in an overt way via politics or economics or more subtly via changing peoples’ perceptions of the world. These people need to held to account and the media is the most effective way of doing this as normal people do not have the time or resources to scrutinize everything pubic figures are doing whereas the media can. If the private lives of public figures are conflicting with their actual public persona it is in the wider interest to reveal this. For example, in 2009 during the UK’s “MPs expenses scandal” it was revealed that some MPs, whose responsibility it is to create and review laws, were breaking their own tax laws in their private lives. This clearly demonstrates a misuse of their position and deserves to be known. [1] Another such example can be seen with golfer Tiger Woods who was seen to represent excellence and determination in sport and most importantly was presented as an ideal clean-cut role model. However this image was found to be a sham when stories into his private life revealed he was unfaithful to his wife and he subsequently admitted to numerous affairs. This came to light as a direct result of media reporting into his turbulent private life and it is in the public interest to know such information due to both the power he and others wield as public icons and the money generated from their public image.  [1] Prince, R. (2009) MPs Breaking Tax Laws, Chief Inspector Says.” [online] [accessed 14th July 2011]

negative: Even accusations affects reputations and therefore ability to do the job  Even if this were only gossip, the fact that the perception existed that the president was an alcoholic would affect how other politicians interacted with him – it is, therefore, a matter for public concern. [i] National leaders are left politically weakened by plenty of things that aren’t true. They are further undermined by things that are true but apparently trivial if they are kept secret. If that is actually what members of congress believe then it will affect their interaction with the president. By contrast, if that is not what they truly believe, then it speaks a great deal to their character that they are willing to resort to the politics of the gutter. Either way Mexicans have a reasonable right to know that the argument is going on.  Aristegui did just that. It is far more worrying that a news organization would even consider dismissing her for doing her job – presumably because it inconvenienced or embarrassed someone powerful [ii] .  [i] Seymour-Ure, Colin, ‘Rumour and politics’, Politics, Vol.17, No.2, 1982, pp.1-9  [ii] Kate Katharine Ferguson. Column: Politicians’ private lives make a difference. We should pay attention. Thejournal.ie. 1 August 2012.

negative: The City has the obligation to protect its citizenry  Thomas Jefferson said “the purpose of government is to enable the people of a nation to live in safety and happiness”. [1] As an elected government led by Mayor Bloomberg, the government of New York City is obligated to lead the city in a positive direction. In Bloomberg’s case it was among his campaign promises “To achieve the biggest public health gains in the nation” and given his record with the smoking ban this kind of proposal is the obvious way to achieve such a goal. [2] as the Soda ban is not an infringement upon personal rights but a necessary public health measure. The ban on large sodas does not prohibit the consumption of soda, it simply impedes negative choices for poor nutrition. [3] The City has an obligation to promote healthy living as a form of keeping its citizenry safe and the New York City Department of Health and Mental Hygiene clearly states ‘Ourmission is to protect and promote the health of all New Yorkers’. [4] “Obesity is a nationwide problem, and all over the United States, public health officials are wringing their hands saying, ‘Oh, this is terrible,’” but Mayor Bloomberg said, “New York City is not about wringing your hands; it's about doing something.” The mayor continued by including how he viewed his duty: "I think that's what the public wants the mayor to do.” [5]  [1] Thomas Jefferson quoted by Hughes, David, ‘Ed Miliband doesn’t seem to know what government is for’, The Telegraph, 17 March 2010.  [2] Paybarah, Azi, ‘Bloomberg Envisions 2013, Thompson Sees Empty Promises’, The New York Observer, 26 October 2009.  [3] Park, Alice, ‘The New York City Soda Ban, and a Brief History of Bloomberg’s Nudges’, Time, 31 May 2012.  [4] ‘About the NYC DOHMH’, New York City Department of Health and Mental Hygiene.  [5] Grynbaum, Michael M., ‘New York Plans to Ban Sale of Big Sizes of Sugary Drinks’, The New York Times, 30 May 2012.

negative: President Bush took a series of extremely difficult decisions that were necessary for national security. Admittedly they were expensive but they made the world a safer place. His decisions on taxation ensured that all Americans benefitted from economic growth.  He had already done the heavy lifting all the Obama administration needed to do was allow the market to bring the economy out of recession. Instead he has interfered and regulated while constantly spending money that wasn’t there on policies that weren’t priorities.  There’s no denying that the economy was in trouble when Obama got the keys to the West Wing but the job of being president is solving these things, not complaining about them. He wanted the job and has singularly failed to deliver.  Instead he has pursued a left-wing, interventionist agenda that believes that government can provide all the answers. Except there is a big problem: he has no experience of running anything. He was a junior Senator in an era where the country tends to turn to former governors to fill the Chief Executive’s jacket; he simply doesn’t know what he’s doing [i] .  [i] Emmett Tyrrell. "Barbour out on the hustings." The American Spectator. March 17th, 2011

negative: In an age of declining journalistic standards, forcing editors to get their facts right is a good start.  In response to an ever faster news agenda, produced by ever more pressured journalists, sloppiness may be seen as inevitable [i] . As a result, anything that is unlikely to result in legal action may be given a bye. In most situations, that sets the bar way too high. The mere mention of a private citizen in a negative light in a local paper may not be the stuff of national press attention and is unlikely to get far in the courts but can affect that persons standing in their community and with their neighbours in a profound way.  Anything that pushes reporters and editors to go that extra step to check their facts before they go to print seems like a sensible preventative measure [ii] . This could help prevent newspapers citing ‘experts’ who are not actually expert, a Forbes columnist found that he could portray himself as expert on all sorts of things and get his comments in articles for even very reputable media organisations such as the New York Times without even the most basic of background checks. [iii] The knowledge that they may lose both space and credibility in the next edition would seem to be a rather neat way of achieving that goal.  [i] The Huffington Post. Jeff Sorensen. 24 Hour News Killed Journalism 20 August 2012.  [ii] Article 19. Right of Reply.  [iii] Forbes. David Their. How this guy lied his way into MSNBC, ABC News, the New York Times and more. 18 July 2012.

negative: The United States can reduce domestic demand for drugs through education  Like Obama, Romney has indicated a willingness to talk to Mexican leaders about collaboration and has admitted the need to address large-scale demand for drugs in the United States. When asked how to improve the War on Drugs, he stated, “We gotta stop the demand here in this country.” [1] And that demand is immense, it is estimated that there are 22.6 million Americans aged 12 of over using illegal drugs. [2] Additionally, he told the Hispanic Leadership Network that along with preventing demand through education, the United States needs to improve its control of the Mexican border. [3]  Romney will try to control domestic demand for drugs by prohibiting their use, educating young people about their harms (as exemplified by his record as Governor of Massachusetts) [4] , and punishing those who break the law. Through education and regulation, the United States can win the War on Drugs, rather than appease drug growers, traffickers, dealers, and users.  [1] Romney, Mitt, ‘Romney Rally Pinkerton Academy Derry, NH’, Youtube, 7 January 2012.  [2] Substance Abuse and Mental Health Services Administration, ‘Results from the 2010 National Survey on Drug Use and Health: Summary of National Findings’, NSDUH Series H-41, HHS Publication No. (SMA) 11-4658. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2011.  [3] Romney, Mitt, ‘Mitt Romney Remarks at Hispanic Leadership Network’, C-Span, 27 January 2012.  [4] Harclerode, Kelsey, ‘What Would President Mitt Romney’s Drug Policy Look Like?’, the Atlantic, 2 March 2012.

negative: It has to be accepted that a person accepts a certain loss of privacy when they stand for office. Beyond that, the issue at stake here is not whether this is good or bad journalism but whether it is journalism. By any reasonable definition a protest staged by leading members of the national legislature and concerning the character of the president would seem to qualify. As Aristegui herself argues “The health status and degree of equilibrium of a president is a matter of clear public interest.” [i]  [i] Booth, William, ‘Respected Mexican journalist fired for addressing Calderon drinking rumor’, Washington Post, 11 February 2011

negative: Alcoholism is a disease, if the story was that the president had measles, it wouldn’t have got a mention.  Let’s take an historical example of the ‘well-being of the head or state’ in ‘democracies around the world’. A majority of US citizens were unaware that FDR was wheel chair bound – even after his death. [i] The fact the Churchill hit the bottle early in the morning was never mentioned to voters in the UK, even at their “darkest hour”, and still remains a matter of debate. [ii] The French have long ignored the streams of mistresses wandering in and out of the Élysée Palace throughout the history of the Fifth Republic. [iii]  All of these things were well known by the journalists of their time but there was no need for the story to be revealed. The allegation of the opposition was that Calderón was a drunk, this then became a suggestion that he was an alcoholic – they’re different things. This rather suggests that now research at all was undertaken into the allegation but that a slur was repeated as though it were news.  Because of popular confusion between the two, it was repeated, presumably, because it was salacious. Hardly the highest standards of journalism [iv] .  [i] Anderson, Stacy, ‘FDR made 'tacit agreement' with public about disability’, The University Record Online  [ii] Richards, Michael, ‘Alcohol Abuser’, The Churchill Centre and Museum at the Churchill War Rooms, London, 19 January 2009  [iii] Rocco, Fiammetta, ‘Widows in weeds, mourning mistresses - plus ca change to the French’, The Independent, 14 January 1996  [iv] UK National Union of Journalists (NUJ) Code of Conduct. The NUJ code is widely seen by British journalists as the final word on journalistic ethics. It is also widely ignored in practice.

negative: Financial dealings can indicate candidates’ willingness to circumvent the system/play by the rules  A lot of politicians come from positions of prestige and power before seeking public office. Many politicians have wealth in their own right, or a base of wealthy supporters. Understanding where that wealth came from and how they used their privileged position is very important to citizens when choosing their leaders. Access to candidates’ financial information allows good candidates to show their honesty and financial uprightness, and sometimes even to display their talent and acumen that allowed them to succeed. More importantly, it allows people to scrutinize the dealings of politicians who used their often privileged position to avoid paying high taxes and to shield their wealth from the public taking its legal due. What these insights provide is a valuable snapshot of what candidates are willing to do to promote their own interests versus those of the state and society. It shows if there is a propensity to engage in morally dubious practices, and such behavior could well be extrapolated to be a potential incentive to corrupt practice. While tax avoidance is not illegal, it can well be considered unjust when rigorously applied, especially considered that the special knowledge necessary to profit from it belongs only to those of wealth and privilege. The value of this knowledge was made particularly clear in the case of Mitt Romney’s presidential bid. When Romney released his tax returns it became painfully clear that he was using the system to his advantage, at the expense of the taxpayer. [1] Citizens deserve to know to what lengths, if any, those who wish to represent them are willing to game the system they would be elected to lead.  [1] Drucker, J. “Romney Avoids Taxes Via Loophole Cutting Mormon Donations”. Bloomberg. 29 October 2012,

negative: disease health general sex sexuality house believes employees should be compelled It’s not as if the employee can’t tell their employer at present – it’s that he or she could, but doesn’t want to. They get to decide what’s in their best interests (including what’s likely at trial) – and sadly, that will often be keeping quiet about his condition.

negative: Lack of control  Rupert Murdoch has an immense empire and if we believe his testimony obviously did not have as much control over his publications, or take as much responsibility for them, as he should have done. Murdoch himself has claimed “someone took charge of a cover-up we were victim to and I regret that." This was a cover up within the News of the World and News International that kept Murdoch out of the loop and misinformed on phone hacking, showing that he was unable to keep control over his businesses when he was the one with ultimate responsibility for the actions of that company. [1] The commons culture committee concluded that Murdoch was essentially negligent "at all relevant times Rupert Murdoch did not take steps to become fully informed about phone-hacking, he turned a blind eye and exhibited wilful blindness to what was going on in his companies and publications." [2]  [1] BBC News, ‘Leveson Inquiry: Murdoch admits missing hacking ‘cover-up’, 26 April 2012.  [2] Culture, Media and Sport Committee, ‘News International and Phone-hacking’, House of Commons, Eleventh Report of the Session 2010-12, Vol.1, 1 May 2012, p.70

negative: free speech and privacy health general international africa politics All of these procedures could be put in place even if there is secrecy. Doctors are already committed to patient-doctor confidentiality so are unlikely to tell the press if they are told beforehand to be ready to receive the President.

negative: free speech and privacy health general international africa politics Markets like stability  Business and the markets prize political stability. Clearly when the leader of a country is ill this stability is damaged but the damage can be mitigated by being transparent. The markets will want to know how ill the leader is, and that the succession is secure so that they know what the future holds. Secrecy and the consequent spread of rumour is the worst option as businesses can have no idea what the future holds so cant make investment decisions that will be influenced by the political environment.  Leaders do matter to the economy; they set the parameters of the business environment, the taxes, subsidies, how much bureaucracy. They also influence other areas like the price of energy, the availability of transport links etc. It has been estimated that “a one standard deviation change in leader quality leads to a growth change of 1.5 percentage points”. 1 The leader who follows may be of the same quality in which case there will be little difference but equally it could mean a large change.  1 Jones, Benjjamin F., and Olken, Benjamin A., 'Do Leaders Matter? National Leadership and Growth Since World War II', Quarterly Journal of Economics, February 2005,

negative: Those who satisfy these demands by citizens are more likely to be voted back into office. It is in their absolute interest to keep their focus on relevant emails or phone talks, as if they don’t do that, there is another person qualified for the job who will.  Secondly, it is clear that in this quest for protecting society, it is in the government’s interest to obey the law. As recent events have proven, the population is allergic to any state agency’s violation of law, especially when it comes to warrantless tapping. They won’t risk breaking the law in the hope they will catch more criminals as they know there would be a society and media backlash. If anything, it is in any politician’s interest to search and investigate if any government agency is conducting such abuses and to reveal it with the resulting plaudits and votes it will bring. A politician will gain much more if it takes a public stance against that agency by imposing tighter controls and inspections rather than secretly supporting it. Let us not forget that it is the people who keep politicians in office.  Thirdly, we must remember that there is a lot of pressure from different NGOs and even whistleblowers that is put on these officials not to make any wrong steps. They know that if the population finds out that they focused on anything else but catching wrong doers, their career is over and there is no coming back.  As a result, we have every reason to believe that the government will maximize its efforts of protecting us, but abusing its powers won’t benefit it on any level.

negative: It is the state’s duty to protect its community  If an age group is protected, that results in a better health conditions for the whole society.  In an industrialized country such as the USA, those choosing exemption from statutorily compulsory vaccination were 35-times more likely to contract measles than vaccinated persons; in developing countries where these viruses are still endemic, the risk would be considerably higher [1] .  Those who wish to opt-out of vaccination (often on behalf of their children, who have no say in the matter) are classic free riders, hoping to benefit from the more responsible behavior of the rest of society. As it is assumed that most of society see it as a responsibility and a duty to protect others.  After a scare about possible side effects of the MMR jab, in 2008 there was a drop in voluntary vaccinations in a part of London (Lewisham). In that part of London only 64.3 % of children were vaccine and in that year the district accounted one third of all south-east London measles cases. Unless there is a 95 % vaccination, there is a great threat to public health of infection outbreaks. [2] It is therefore the role of the state to understand these issues and possible treats and provide a duty of protection and care, in this case, in the form of immunization.  Another example of the need to protect is also given by the example of voluntary vaccination against the flu, because of its impacts on the whole population is given by Pediatric studies: ”In several studies, results indicated that a 100% vaccination rate among health care personnel in acute care settings triggered a 43% decline in risk of influenza among patients. This decrease appeared even higher — 60% — among nursing home patients.” [3]  So by giving up some of the individuals freedoms and the feeling of duty to protection, the community is much more protected and benefits from the vaccination of the community.  [1] Vaccination Critics & Opponents.   [2] BBC News, Experts warn of measles outbreaks, 03/18/2008  , a  [3] Talbot TR. Infect Control Hosp Epidemiol., Two medical societies back mandatory flu vaccination for health care workers , published 2010,  , accessed 05/27/2011  ccessed 05/25/2011


query: Invoking public reaction can damage the lives of those concerned in the court case.  Proposition may well argue that televising court cases gains a sense of ‘sympathy’ and justice for the victims of the case. However, this is double-edged. Firstly, particularly emotive and controversial court cases concerning crimes such as sexual assault could blind the public (or ‘audience’) to any untruthfulness from the ‘victim’, by virtue of being perceived as vulnerable and wronged. Secondly, any sympathy which is gained for one person often arises out of increased hatred or outrage against another – namely the defendant. This could lead to public condemnation of an individual who is never actually convicted of a crime; they will be exposed to public reaction that might be wholly unjustified if he is subsequently acquitted. One example of this is when Milly Dowler’s father was questioned in court as a suspect of his daughter’s death and his personal, pornographic magazines were used as evidence against him [1] . Although he was completely innocent, the prosecution’s job was to explore any possibility of perversion or dangerous character. This is an infringement upon that individual’s rights, as being publicly portrayed as a villain could go on to affect their future private life, such as their chances of future employment or anonymity.  [1]  , accessed 19/08/11

positive: law general house would place cameras courtrooms televise court cases Withholding video evidence of a court trial will not stop people from automatically siding with the victim and denouncing the accused; it will just stop them from being able to see the body language and other actions which can balance out the media’s assertion that one party is definitively a ‘victim’ while the other is a ‘criminal’. These labels are already in place – televising court cases just helps us to understand the details and nuances of a case, and garner a more sophisticated view of the case in question.

negative: Reporting on violent crimes compromises the integrity and fairness of law  Judges and juries have to be neutral when they preside in court, and no bias can enter the court’s discourse and deliberation if justice is to be done. This is especially true of violent crime, for two reasons. First, in such cases, the court is dealing with people’s lives, as violent crime convictions yield high sentences, and the court’s decisions often have a lasting effect on the physical wellbeing of both victims and perpetrators of such crimes. Second, the visceral nature of violent crime naturally causes an emotive response from people hearing about it, which can cause them to act less rationally. [1]  Opinion is thus more easily colored in deliberations over violent crime than with any other kind. In light of these facts it is necessary to analyze the behavior of the media when it reports on violent crimes. The media is a commercial enterprise. It prioritizes sales over truth, and always wants to sell the good story and to get the scoop. For this reason the media relishes the opportunity to sell the “blood and guts” of violent crime to its audience. Furthermore, the race to get stories first causes reporters and media outlets to jump to conclusions, which can result in the vilification of suspects who are in fact innocent. The media sensationalizes the extent of crime through its extreme emphasis on the violence; it builds its stories on moving imagery, emotive language, and by focusing on victims and their families. At the same time the media seeks to portray itself as being of the highest journalistic quality. [2]  This behavior on the part of the media is tremendously bad for the legal process. The media circus surrounding violent crime necessarily affects potential jurors, judges, lawyers, and the general public. This has been observed on many occasions; for example, after the OJ Simpson trial some jurors admitted that the pressure generated by the media added significantly to the difficulties of deliberation. The inescapable consequence of the media reporting on violent crimes is that people cannot help internalizing the public opinion when it stands against a person on trial. Thus court judgments in the presence of a media circus must be held suspect. By restricting reporting on violent crime, however, the pressure can be relieved and the legal process can function justly.  [1] Tyagi, Himanshu. “Emotional Responses Usually Take Over Rational Responses in Decision-Making”. RxPG News. 16 February 2007,   [2] Lee, Martin and Norman Solomon. Unreliable Sources. New York: Lyle Stuart. 1990.

negative: A DNA database would lead to more convictions, particularly in cases of violent crime  Although overall levels of crime in England and Wales have decreased over the previous decade, the number of violent crimes against the person has markedly increased. These are the offences which raise most grave public concern and which are unlikely to leave conventional fingerprints. The National Commission on the Future of DNA Evidence estimates that thirty per cent of crime scenes contain the blood, semen, or saliva of the perpetrator1. DNA detection will be best equipped to identify the guilty. A full database ought to allow the use of DNA as an investigative tool where no suspect has yet been identified. Studies support this assertion; 'the overall detection rate for crimes of 23.5% rises to 38% where DNA is successfully recovered'2. Furthermore, in the United States, the number of reported rapes dropped to its lowest level in two decades due in large part to the use of DNA evidence3 1 Weathersbee, F. (1999, March 1). National Commission on the Future of DNA Evidence. Retrieved May 19, 2011, from National Institute of Justice: 2 Phillipson, G. (2009, November 19). The case for a complete DNA database. Retrieved May 18, 2011, from Guardian: 3 McGreal, C. (2009, October 8). Number of reported rapes in US drops to lowest level in two decades. Retrieved May 18, 2011, from Guardian:

negative: americas middle east house believes us and israel should join international Domestic courts are often incapable of providing a fair trial, when they fail the ICC fills the void.  Domestic legal systems will often suffer from a lack of judicial independence and potentially politicised prosecutions, and are also open to allegations of victors’ justice, or whitewashes by a judiciary biased towards the winners of the conflict.  The ICC, as an effective court and with an independent judiciary, provide a suitable and unbiased climate for these cases to be heard in. While it is difficult to give any former head of state a fair trial, it is even more so in cases involving states divided along ethnic and political fault lines where any conviction could be seen as one based on continuing hatreds rather than evidence and criminal procedure.  It is clearly in the interests of the United States and Israel to support the principle that where there is no independent judiciary cases can be moved to a higher level. These states as much as any other desire that those who commit large scale international crimes be brought to book. The ICC for example might provide an alternative method of going after terrorists.  In addition, the principle of complementarity – that the ICC should only prosecute where states have shown themselves unable or unwilling to prosecute - means that when a state can take effective action against war crimes, there will be no role for the ICC. This means that the US and Israel with independent judiciaries should have nothing to worry about unless their judiciary proves unwilling to prosecute if one of their own nationals commits a crime prosecutable by the ICC.

negative: The right to privacy counterbalances the state's obligation to ban sadomasochistic sex  y the proposition, those who want to engage in violent sexual activities will do so, irrespective of laws to the contrary. Without undermining core liberal concepts of privacy and freedom of association, the state will be unable to regulate private sexual interaction. This being the case, when is violent activity most likely to be detected and prosecuted under the status quo? When such acts become too visible, too public or too risky. When the bonds of trust and consent that (as the proposition has agreed) are so vital to a sadomasochistic relationship break down.  Liberal principles of privacy and autonomy allow individuals to engage in consensual activities that may fall outside established boundaries of social acceptance. In this way individual liberty is satisfied, while the risk of others being exposed to harmful externalities is limited. In the words of the anthropologist and lawyer Sally Falk-Moore, “the law can only ever be a piecemeal intervention in the life of society” [i] .  The prosecution of a large and organized community of sadomasochistic homosexual men in the English criminal case of R v Brown was in part motivated by the distribution of video footage of their activities [ii] . Doubts were also raised at trial as to whether or not some of the relationships within the group were entirely free of coercion. Their activities had become too public, and the bond of consent between the sadistic and masochistic partners too attenuated for the group to remain concealed.  Individuals break the law, in minor and significant ways, all the time. Due to the legal protection of private life, due to an absence of coercion, due to a consensual relationship between a “perpetrator” and a “victim”, such breaches go entirely undetected. The general right to privacy balances out the obligation placed on the state to ensure that individuals who encounter abuse and exploitation within sadomasochistic relationships can be protected.  The protection afforded by privacy incentivizes individuals engaged in S&M activities to ensure that they follow the highest standards of safety and caution. Arguably, where “victims” have consented to being injured, but have then been forced to seek medical treatment due to their partner’s incompetence or lack of restraint, complaints to the police by doctors and nurses have helped to identify and halt reckless, negligent or dangerous sadomasochistic behavior.  Correctly and safely conducted, a sadomasochistic relationship need never enter the public domain, and need never be at risk of prosecution. However, without the existence of legal sanctions the state will have no power to intervene in high-risk or coercive S&M partnerships.  [i] “Comparative Law in a Global Context: The Legal Systems of Asia and Africa”, Werner Menski, Cambridge University Press, 2006  [ii] Annette Houlihan, ‘When “No” means “Yes” and “Yes” means Harm: Gender, Sexuality and Sadomasochism Criminality’ (2011) 20 Tulane Journal of Law & Sexuality: A Review of Lesbian, Gay, Bisexual, and Transgender Legal Issues 31

negative: law general house believes attorney client privilege should be abolished It is very unusual to have a case where it would be certain that disclosure would in no way affect the client. Clients want confidentiality for a wide variety of reasons, not only for reasons connected to personal criminal liability. Even if these confidences are not any sort of admission of criminal wrongdoing, they may nonetheless be matters that the client, for one reason or another, would not wish divulged. Abolishing the privilege not only violates a person’s right to privacy, but a person who knows that his communications may be later revealed (even after his death, or even with ‘use immunity’) may well decide that it is better not to go to a lawyer in the first place – in other words, leading to an access to justice problem. This becomes even more of a problem if the privilege may be overridden when it is in the public interest as the client is not going to know when this may be considered to be the case. Better to keep the information to him/herself rather than opening the possibility that it may be used ‘in the public interest’

negative: Denying healthcare to smokers alone is victimization  The denial of healthcare, an established right, without the citizen doing anything either immoral or wrong is pure and simple victimization. Suppose you are a doctor and you have two patients waiting for a heart transplant. Patient A is 65. He does not exercise, has never had a job and has committed a series of crimes throughout his life. Patient B is in his 20s, with a first class degree from a good university. He is a trained doctor himself and wants to go and work in the developing world, to help people suffering from leprosy. But Patient B is a heavy smoker. Should you therefore prioritize patient A? It seems problematic to victimize smokers, particularly considering smoking is legal. If you are going to discriminate against smokers then surely you should discriminate against alcohol drinkers and people who do extreme sports as they are also knowingly endangering themselves. Smoking reduces life expectancy by 2.5 years for men, but obesity reduces life expectancy by 1.3 years and if high blood pressure is added to that by a total of 2.8 years all are preventable so why should only smoking be discriminated against?1 Maybe you should discriminate against people who choose to live in polluted cities. And then there are drug users. What about people who could afford private health care? Should age, occupation and past convictions be taken into account? It seems arbitrary and unfair to single out smokers. Yet, if we start to take into account all the factors that determine who "deserves" to be prioritized for healthcare, then we are left with the unsavory, illiberal practice of Social Darwinism. 1 Harvard School of Public Health, "Four Preventable Risk Factors Reduce Life Expectancy in U.S. and Lead to Health Disparities", 22 March 2010, accessed 24 August 2010.

negative: DNA evidence would reduce the risk of wrongful conviction  The increased use of DNA evidence will minimize the risk of future wrongful convictions. An FBI study indicates that since 1989 DNA evidence has excluded the primary candidate in 25% of sexual assault cases1. This not only saves valuable police time, but ensures suspects are not called in for unnecessary and stressful questioning. Moreover, forensically valuable DNA can be found on evidence that has existed for decades, and thus assist in reversing previous miscarriages of justice. There have been a number of recent, high-profile cases of death row inmates being released on the grounds of DNA evidence, unavailable when they were first convicted. A DNA database would not merely render wrong verdicts right, but prevent such verdicts ever being made. 1 U.S. Department of Justice. (1996, June). Convicted by Juries, Exonerated by Science. Retrieved May 19, 2011, from U.S. Department of Justice:

negative: crime policing law general local government house would ban handguns washington dc Hand Guns Are Required For Self Defence.  Under the status quo handguns are legal. This means that should a criminal initially wish to consider mugging someone he has to consider the possibility that he might be shot should he choose to take this action. A visceral fear of death and injury means that a significant number of criminals will be deterred from engaging in burglaries, violent robberies or muggings if they suspect that they might face armed resistance. As such the presence of handguns within a community contributes to the general deterrence of crime within that community.7  Secondly, should someone try to attack someone else with a handgun, if the other person is armed then they are in a much better position to negotiate with their attacker and prevent harm to either party. Creating a public culture in which handguns are held and used sensibly, and in which firearms training is widely available, allows a parity of power to be created between ordinary citizens and criminals. However, this parity of power is changed in favour of the defender. This is because there are more law abiding citizens than criminals. If the mugger is caught by another citizen then it is possible that citizen will also have a handgun leading to a situation where the mugger will likely be arrested or risk death.8  Finally, the normalisation of handguns in society means that people are less likely to panic should they be attacked by a mugger who has one. Deaths from mugging can often be caused by the victim simply panicking in response to the mugger. Shots are often fired by desperate and unstable assailants who are unprepared for their victim’s reaction. In a society acclimatised to handguns and aware of the risk they present, incidents of this type- fuelled by panic, uncertainty and fear- are much less likely to occur.

negative: rnational africa law human rights international law government leadership voting Criminal defendants don’t get to pick and choose trial dates  Irrespective of who they are, Kenyatta and Ruto are nothing special – they’re just another two criminal defendants.  A person who is on trial murder or any other offence, whoever they are, can’t pick and choose their trial date for their own convenience or for their own business interests – why should these two particular defendants get a special privilege? Silvio Berlusconi was prosecuted by the Italian courts; the slow speed was due to the glacial pace of the Italian legal system rather than him particularly agitating for a special hold-up. The court cases were not done at his convenience.

negative: ASBOS breach basic principles of justice  “A youth recently appeared in Court in Manchester for breach of his ASBO. The Order had been made in the youth's absence without his being able to give his side of the story (one of the main concerns about ASBOs and one that can lead to misuse). The day after the Order was made someone came to his house to "serve" it on him. This consisted of his being handed a copy of what was a fairly bulky document running to several dozen pages with no attempt to explain it or even to ascertain if he was literate enough to read it. The Order included an restriction preventing him entering a particular estate nearby and another preventing him from associating with certain others. Unfortunately, he went out before reading the Order and beached it twice that day. The next day he went out again and breached it three times by mistake as he had not read the part covering the particular restriction. He now faces possibly custody although he has never been convicted of a criminal offence.” [1]  The issuing of ASBOs is inconsistent and almost amounts to a geographical lottery. People can be jailed for breaching an ASBO where the original offence was itself non-imprisonable – i.e. A civil procedure is being used to create and expand criminal sanctions. ASBOs have also been imposed on people with mental health problems where treatment would have been more appropriate.  [1] Select Committee on Home Affairs, ‘Anti-Social Behaviour Orders – Analysis of the First Six Years’

negative: Mandatory minimum sentences remove undue judicial discretion.  Discretion allows for both intentional and unintentional bias. The U.S. Supreme Court recently heard a case concerning alleged corruption when a West Virginia judge ruled in favor of a plaintiff that had donated over $3 million to the judge’s election campaign. [1] Though this case is not directly linked to minimum sentences, it demonstrates that judicial corruption is an issue in the legal system today; mandatory sentencing reduces the discretion that allows unethical judicial action. Furthermore, judges may attempt to be impartial, but data shows that humans are inclined to be more sympathetic towards particular groups. For example, female defendants are less likely to receive a death sentence than male defendants, while defendants in general are seven times more likely to receive the death penalty if the victim is female; scholars suggest that these disparities are caused by societal perceptions that women need greater protection rather than any actual difference in the severity of the crime. [2] Thus even decisions that seem impartial are often not. Strict sentencing mandates are more likely to yield just decisions because they are less vulnerable to individual bias.  [1] Dahlia Lithwick, “The Great Caperton Caper: The Supreme Court Talks About Judicial Bias. Kinda,” Slate, June 8, 2009.  [2] “Studies: Gender Bias in Death Sentencing,” Death Penalty Information Center, 2011.

negative: Detainees have the right to trial in US courts:  Prisoners have been detained at Guantanamo for long periods without clear charges being filed and without trial. This is a violation of the international legal principle of habeas corpus. One of the primary problems is that, without clear charges and a presentation of evidence against a suspect, the suspect cannot contest the charges and prove their own innocence. And, as a matter of fact, numerous detainees have been found innocent, but only after excessively long periods without being charged or brought before a court. [1]  Many Guantanamo detainees may have never committed terrorist acts or fought against US forces in Afghanistan at all; they were simply turned over by Northern Alliance and Pakistani warlords for bounties of up to $25,000. For almost seven years they have been held without a fair hearing or opportunity to demonstrate those facts. Courts who reviewed the cases of 23 detainees to see if there was reasonable evidence for their continued detention found no credible basis for detaining 22 of them. [2] Other detainees were captured in places where, at the time of their arrest, there was no armed conflict involving US forces. The case of the six men of Algerian origin detained in Bosnia and Herzegovina in October 2001 is a well-known and well-documented example. [3]  Therefore the only way to resolve these issues is to try all the detainees at Guantanamo Bay in US courts, and release any against whom charges cannot be brought. Former US Secretary of Defense Colin Powell has endorsed this reasoning, arguing that "I would get rid of Guantanamo and the military commission system and use established procedures in federal law[...]It's a more equitable way, and more understandable in constitutional terms," [4] US courts are fully capable of dealing with terrorist trials, as shown by the fact that they have rendered 145 convictions in terror-related cases in the past. [5] Convictions in US courts would probably be seen internationally as having more legitimacy than those obtained through the current system of military tribunals, which is often viewed as rigged against the defendants. [6] Only by allowing full due process in American courts can the rights of the detainees be uaranteed and their guilt or innocence truly established.  [1] New York Times Opinion. "The President's Prison". New York Times. March 25, 2007.   [2] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.   [3] United Nations Economic and Social Council. "Economic, Social, and Cultural Rights. Civil and Political Rights. Situation of detainees at Guantánamo Bay". United Nations Economic and Social Council. February 15, 2006.  [4] Reuters. "Colin Powell says Guantanamo should be closed". Reuters. 10 June 2007.   [5] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.   [6] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.

negative: p ip internet digital freedoms intellectual property house would use The graduated response is a violation of the basic right to due process  Detection of copyright infringement isn’t usually done by a detective sitting behind a computer. It relies on software like automated crawlers and fingerprinting, often created by commercial vendors and hired by the copyright holders. This software automatically sends detected infringements to the ISP, without someone actually checking if this allegation is correct. This means many consumers can be unjustly accused of copyright infringement.  Moreover, most graduated response policies proposed require no judicial intervention at all for the sanction to be invoked. This means private organisations get to decide who has committed a crime and deserves the punishment. The ISPs and copyright holders therefore act as accuser, prosecution, judge and executioner. On top of this if a consumer would go to court, he would also face a reversal of the burden of proof: since he is suing against being fined, he has to prove that he is not guilty, a reversal of the presumption of innocence. [1]  [1] Peter K. Yu, ‘The Graduated Response’. 2010. Florida Law Review, Volume 62. Available for download (PDF) at:

negative: At what stage do we deem that an individual has considered their vote enough to cast it? Would we stop less-educated people from voting at all in case they hadn’t fully considered it? This argument goes completely against any democratic principle which values everybody’s vote as equal, and denounces the idea that one person’s vote is worth more than another’s. Even if a low turnout means that a minority can impact more on society, this is still legitimate – as long as everybody has the opportunity to vote. If the majority choose not to voice their concerns in online elections, then they lose the right to complain about the outcome. Many general or presidential elections have had a low turnout [1] [2] , but we still see them as legitimate. If we did not, nobody would ever be elected and progress could never occur.  [1]  , accessed 24/08/11  [2]  , accessed 24/08/11

negative: crime policing punishment society house believes criminal justice should focus more The expense of re-offenders re-entering the system is also an expense that our prison system cannot afford. A system such as counselling for released prisoners would prove to be inexpensive when weighed against the benefits of decreased crime, and all the costs involved in that (public damage, judicial costs and prison costs). Given that many organisations work in rehabilitation programs in prisons for very little, if any, payment such a system could easily be established for counselling.  A complete system of rehabilitation and post-release counselling, to access these programs, should be paired with increased awareness programs in schools and welfare support. However, this system of combating crime is not complete without a comprehensive system of rehabilitation. If we truly want to protect society and reform criminals then we must invest more time, effort and funding into a system that can achieve this. Incarceration on its own is not working and it is time for change. An addition to the rehabilitation programme was aired on the UK television in November 2011, a new scheme where the offender meets their victim(s) in order to understand their actions have consequences. This type of programme can show visible changes or responses of the offenders as they agree to talk about their feelings and show remorse.

negative: law general house believes attorney client privilege should be abolished Attorney client privilege need not be sacrosanct in all situations  Most obviously it seems unnecessary for there to be attorney client privilege when the defendant’s interests cannot be adversely affected. For example when the confidential information just does not incriminate the client himself but it might clear somebody else, or when the client is dead. Few people will be discouraged from being candid with their lawyers if there is merely the possibility that the communications may be disclosed after their death.  In addition there are situations where the client’s interest may indeed be hurt but where this should be outweighed by some other very important public interest. In other words perhaps there should be ‘necessity’ or ‘public interest’ or ‘in the interests of justice’ balancing exceptions to the privilege. This would be the case when public safety is at risk, for example if the client holds some very vital information but is not willing to disclose it to anyone other than his lawyer. In such cases the courts should weigh up and balance the client’s interests against society’s and make the decision accordingly rather than rigidly sticking to attorney-client privilege.

negative: eral philosophy political philosophy house would limit right trial jury some Limiting trial by jury in some cases sets the stage for limiting it in other, unjustified, cases.  Humans are fallible, and so sometimes it is better to have absolute rules against certain actions, even if we recognize that in a perfect world, it might be better to allow such actions in very specific circumstances.1 It is for this reason, for example, that we never allow evidence obtained by illegal measures to be presented in court, even though such evidence would sometimes make it possible to convict. Similarly, even if removing trial by jury might be good in individual circumstances, it is too great a power to give to a fallible government which may misuse that authority. If there is a precedent of the right to trial by jury being removed in some circumstances, even if that removal is justified, it becomes much easier for corrupt governments to remove it for unjustified reasons, and it becomes correspondingly more difficult for us to condemn that decision as illegitimate.  1Brad Hooker, "Rule Consequentialism"

negative: Persecution of homosexuals is morally wrong  From a moral perspective, it is wrong to discriminate against someone for their sexuality. Everyone should have equal rights; Hilary Clinton stated that ‘gay rights are human rights’ [1] , the derogation of such rights is a serious moral affront. There is evidence that homosexuality is not optional [2] . Discriminating on sexual orientation is therefore the same as discriminating upon factors such as race and ethnicity. Even if changeable it would be the same as discrimination on the basis of identity or religion.  Same sex relations are victimless which calls in to question whether it could ever be defined as something to be criminalised. Whilst some may point to male on male rape, these figures are low compared to male on female rape. In the U.S. where homosexuality is legal, only 9% of rape victims were male and only a small proportion of those being male on male [3] . Criminalising and institutionally embedding hatred against homosexuality has served to alienate many Africans from their families and communities [4] . Discrimination on the basis of homosexuality is not something any donor would want to endorse even implicitly it is therefore morally right to cut the aid.  [1] The Obama Administration’s Bold but Risky Plan to make Africa Gay-Friendly Corey-Boulet,R 07/03/12  [2] Kingman,S. ‘Nature, not nurture? New Studies suggest that homosexuality has a biological basis, determined more by genes and hormones than social factors or psychology, says Sharon Kingman. 04/10/1992  [3] Wikipedia Gender by rape  [4] The Guardian Persecuted for being gay. 13 September 2011

negative: The United Nations can punish those states who refuse to subject its prisoners of war to the Geneva Conventions  The United Nations, as the institution that formed and maintains the Geneva Conventions and other restrictions on warfare, is able to use its structures to punish states that do not adhere to its protocols. The International Criminal Court, established by the Rome Statute of 1998, is able to prosecute those specific persons who are charged with war crimes. Such defendants, if convicted, can be ordered to pay the victims. Furthermore, the International Court of Justice is able to bring cases against specific states that are clearly identified as having broken the protocols of war. As such, the United Nations is both legally and institutionally capable of ensuring that the dictates of the Geneva Conventions are upheld, specifically the right of a combatant captured in a conflict zone to be granted prisoner of war status. While this would provide a degree of protection for captured terrorists, it also means that terrorist organizations are subject to standards of conduct in war. Making them subject to the Geneva Conventions would uphold an incentive of restraint which might sometimes influence their conduct.

negative: disease healthcare philosophy ethics life house believes assisted suicide should Every human being has a right to life  Perhaps the most basic and fundamental of all our rights. However, with every right comes a choice. The right to speech does not remove the option to remain silent; the right to vote brings with it the right to abstain. In the same way, the right to choose to die is implicit in the right to life. The degree to which physical pain and psychological distress can be tolerated is different in all humans. Quality of life judgements are private and personal, thus only the sufferer can make relevant decisions. [1] This was particularly evident in the case of Daniel James. [2] After suffering a spinal dislocation as the result of a rugby accident he decided that he would live a second-rate existence if he continued with life and that it was not something he wanted to prolong. People are given a large degree of autonomy within their lives and since deciding to end your life does not physically harm anyone else, it should be within your rights to decide when you wish to die. While the act of suicide does remove option to choose life, most cases in which physician assisted suicide is reasonable, death is the inevitable and often imminent outcome for the patient regardless if by suicide or pathological process. The choice for the patient, therefore, is not to die, but to cease suffering and tto chose the time and manner of their death.  [1] Derek Humphrey, 'Liberty and Death: A manifesto concerning an individual's right to choose to die', assistedsuicide.org 1 March 2005,  (accessed 4/6/2011)  [2] Elizabeth Stewart, 'Parents defend assisted suicide of paralysed rugby player', guardian.co.uk, 17 October 2008,  (accessed 6/6/2011)

negative: Parents know their children better than anyone. They know what s/he is like, and in what environment s/he will grow up and often live. The state is not infallible and its decisions are not purely objective. When children are not adequately mature for sex education, parents must have the ability to make the decision on their behalf to withhold information that could be potentially damaging to their future development. As to homophobic or bigoted families, such views are considered to be socially acceptable insofar as people have the right to express such views. This does not, however, give parents license to abuse their children if they have alternative sexual preferences. Sex education is not necessary to ensure against abuse, that is the purview of law enforcement.

negative: Rape victims have no choice when it comes to getting pregnant, therefore they should have the right to terminate the pregnancy  Women, and in some cases girls, who have been raped should not have to suffer the additional torment of being pregnant with the product of that ordeal. To force a woman to produce a living, constant reminder of that act is unfair on both mother and child.  In cases where the rape victim cannot afford or is not ready to have a child, abortion can do both the victim and the unborn baby a favor. There are cases where school students are impregnated through rape. Pregnancy itself is a constant reminder of the sexual assault they underwent and might cause emotional instability, which will affect their studies, and subsequently their future. Babies born to unready mothers are likely to be neglected or would not be able to enjoy what other children have, be it due to financial reasons or the unwillingness of the mothers to bring up the "unwanted children".  1 SECASA

negative: eral philosophy political philosophy house would limit right trial jury some It may be necessary to limit trial by jury in cases where it is impossible to recruit an impartial jury.  Especially in cases of nationalist conflict or terrorist attacks, it may be extremely difficult to have a non-biased jury. In Northern Island, for example, jurors may sympathize with violent offenders and acquit them despite a preponderance of evidence. Similarly, it can be a struggle to appoint non-biased juries for terrorism trials post 9/11. In 2003, the "Lackwana Six" were accused of aiding a foreign terrorist organization. The magistrate noted that "Understandably, the infamous, dastardly and tragic deeds and events of September 11, 2001 have caused a maelstrom of human emotions to ... create a human reservoir of strong emotional feelings such as fear, anxiety and hatred as well as a feeling of paranoia... These are strong emotions of a negative nature which, if not appropriately checked, cause the ability of one to properly reason to ... be blinded." Questions about jury impartiality have been raised in multiple similar cases, even leading some defendants to claim that they pled guilty out of resignation that the jury would inevitably be biased and refuse to acquit.1 The implication is that in some trials, juries may be unable to make impartial decisions, thus making the trial unfair. The only way for justice to be done, in such cases, is to allow a judge to decide the verdict.  1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

negative: eral philosophy political philosophy house would limit right trial jury some Through jury nullification, juries make the law more accountable to the people.  Although juries are not technically supposed to nullify the law, or choose to acquit even if the evidence suggests that the defendant is guilty, they sometimes do. This usually happens when the jury believes the law is unjust: for example when the punishment is disproportionate to the crime1 (for example some activists encourage juries to nullify in cases of non-violent drug crimes). We believe this is good because it allows the public to check the government in a way for which rare elections and complex legislative processes do not allow. Only consider how many 'democratic' countries have upheld policies of segregation or discrimination, and it becomes clear that 'free and fair' elections can lead to outcomes that are anything but. Thus jury nullification can a) protect individuals from blatantly unjust laws, and b) provide impetus to actual legislative change. For example, some scholars believe that it was in part the frequent acquittal by juries of defendants who were probably guilty, but who would have received the death penalty if found to be so, that led to the US Supreme Court declaring mandatory capital punishment schemes unconstitutional.2 This community input is valuable in all circumstances, and there is no reason why it should be limited to certain cases.  1Doug Linder, "What Is Jury Nullification?  2Andrew Leipold, "Rethinking Jury Nullification

negative: tax house supports progressive tax rate Those who have more owe more to the state  Wealthier people benefit from the state more than do those who are worse off for two reasons. First, they have more to lose in the absence of the state. Without the rule of law, people would no longer be bound by any power to respect one another’s property rights. A rich person has much more to lose should there be a reversion to the state of nature; nothing would shield him from the mob. For this reason it is in the interest of the wealthy to preserve the just rule of law in the state and to uphold its institutions. It does so by funding it through taxation, and those who have more to lose have a greater interest in paying more to ensure its continuity. The second benefit the rich have is that they have gained more from the state than have the poor and less well off. It is only within a state system that maintains order and provides vital services that markets can form and be maintained. [1] Warren Buffett, for example, has argued that he could never have amassed anywhere near the sort of wealth he has in a country without the rule of law, such as Bangladesh. [2] Wealthy business owners and corporations use state utilities far more than poorer individuals quite often, when for example they use public roads to move their vast fleets of trucks, while individuals only drive their personal car. The state guarantees property rights, which allows markets to form and provides the protections and services to businesses that need them to function. Those who profit from that have an obligation to contribute to its upkeep.  [1] Lakoff, George and Bruce Budner. “Hidden Truths of Progressive Taxes”. Institute for America’s Future. 2007. Available:   [2] Terkel, Amanda. “Warren Buffett: ‘I Should Be Paying a Lot More in Taxes’”. Huffington Post. 2010. Available:

negative: The rules and laws that protect the accused will remain at retrial  All the rules and laws that protect the accused at the first trial will be in place at a second - it's not as if the rule of law suddenly disappears. The presumption of innocence, proof beyond reasonable doubt, the right to a fair hearing and competent counsel, the judge's duty to appropriately direct the jury, etc. will all continue to apply and prevent miscarriages of justice from occurring. Nor is the system likely to be overwhelmed with retrials. Much of the current push for the end of the double jeopardy rule comes from the widespread use of DNA testing, which has allowed many old cases to be revisited with compelling new evidence of guilt or innocence. Mark Weston, for example, was convicted at a re-trial after specks of the victim's blood were found on Weston's shoes, justifying the re-opening of the case1. After a few years, the impact of DNA testing on solving similar cold cases will be expended and there will be very few retrials. 1 Bate, S. (2010, December 13). 'Loner' convicted of murder in double jeopardy re-trial. Retrieved July 19, 2011, from The Guardian:

negative: africa global law human rights international law house believes Deters future offences  By prosecuting those who commit crimes against humanity and war crimes future leaders are dissuaded from committing such acts [1]. When criminals are held accountable, the belief in the reliability of the legal system is enhanced, society is strengthened by the experience that the legal system is able to defend itself and the sense of justice is upheld or rectified [2].  Since the Office of the Prosecutor announced its interest in Colombia in 2006, the government has taken a number of measures particularly the Peace and Justice Law to ensure domestic prosecution of those who could potentially be tried by the ICC. The threat of ICC prosecution appears to have concerned former President Pastrana. Vincente Castrano (AUC) a paramilitary leader was fearful of the possibility of ICC prosecution, a fear that reportedly directly contributed to his group’s demobilisation[3].  [1] Safferlin, Christoph J.M., ‘Can Criminal prosecution be the answer to massive Human Rights Violations?’, issafrica.org,   [2] Grono, Nick, ‘ The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders ’, globalpolicy.org, 5 October 2012,

negative: crime policing international law house believes icc should have its own enforcement An ICC enforcement is a necessity if there is to be international criminal justice  The remit of the ICC is unlike the remit of any national court. It deals exclusively in crimes so unacceptable there is an international consensus behind their illegality and the need for prosecutions. The parties that signed up to the Rome Statute’s reason for the creation of the ICC was “that such grave crimes threaten the peace, security and well-being of the world” the perpetrators of such crimes clearly need to be brought to book, and to do that they need to be apprehended. The same agreement said the signatories were “Resolved to guarantee lasting respect for and the enforcement of international justice” if this is the case then there should be agreement on enabling that enforcement by creating an ICC enforcement arm. Again the Rome statute makes clear that the agreement “shall not be taken as authorizing” intervention by another state. This is why the enforcement needs to be done by a separate international force who could not be considered a threat to any state. [1] Quite simply there is little point in international criminal justice if there is no force to bring the criminals to the court.  [1] ‘Preamble’ Rome Statute of the International Criminal Court, 1 July 2002,

negative: Equality requires that two beings are actually equal on some fundamental level. Human beings have certain essential similarities that make them equal. These do not stretch to animals. Human beings are able to distinguish right from wrong while animals have no notion of ethics. We are thus able to consider what kind of a society we want to live in and we are affected when we feel that there is social degradation. Animals, however, do not have this sense. We have fundamental dignity which animals do not. This is clear in the fact that animals do not experience shame or embarrassment, desire respect, or have a notion of self. Furthermore, human beings can consider their future and have particular desires about how they want their life to play out. These are different for every individual. This is why we are concerned with choice and protecting individualism and religion. Animals on the other hand are concerned only with immediate survival. They have only instincts, not individual desires and wants.  For these reasons, we can't consider animals to be equally morally considerable. As for the propositions standard of relevance for the criteria which distinguish animals from humans in any given case, we would argue that the fundamental individuality and humanity of our species is relevant in every case because it makes animal life fundamentally less valuable.

negative: ICC necessary to provide fair trials  Domestic legal systems will often suffer from a lack of judicial independence and potentially politicised prosecutions, and are also open to allegations of victors’ justice, or whitewashes by a judiciary biased towards the winners of the conflict.  The ICC, as an effective court and with an independent judiciary, provides a suitable and unbiased climate for these cases to be heard in. While it is difficult to give any former head of state a fair trial, it is even more so in cases involving states divided along ethnic and political fault lines where any conviction could be seen as one based on continuing hatreds rather than evidence and criminal procedure.  In addition, the principle of complementarity means African states can prosecute on their own if they wish.

negative: What is imperative to understand is that principles are never the end result; they are simply the means to an end. We rely on certain principles like the philosophy of liberty and freedom because in general they have positive outcomes on our lives. The question which rises on this point is what principle, protection freedom, brings more benefits to us.  The freedom of no one knowing your whereabouts and the right to privacy may sound good in theory, but the truth is they don’t have any effect on the individual. No matter if my phone is connected to the NSA headquarters or not, my day remains exactly the same and nothing changes. I face the same obstacles and joys and I feel the same emotions, as I am not aware of this tracking. But if we prioritize protection over freedom we see that there is significant change in someone’s life. As the government will stop and prevent more crimes happening by tracing and intercepting calls and e-mail s, the lives of the citizens will be drastically improved. Any stopped crime means that the potential victim of that crime has a dramatic improvement in their safety and quality of life.  In the end, we clearly see that protection must be prioritized over freedom as it has more practical benefits upon the population.

negative: privacy house would not allow companies collectsell personal data their Much of the “personal” data that is kept, collated, and sold is freely available online already and can be protected in many ways. The programmes that are used to collect information online, where most of this collation takes place, often do not ever gain real access to individuals’ identities, but rather only have access to search details. It is highly unlikely that any of this information could be used to identify actual individuals, and where it can it is safeguarded by laws regarding privacy. Furthermore, the information in question is put into the public sphere by individuals availing of services and may well not be guaranteed any form of special protection. They exist and are revealed in the public sphere, and belong there.