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James Rhodes wins at the Supreme Court

The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.

The case concerned Instrumental, a memoir by the classical pianist James Rhodes. The book includes graphic accounts of the sexual abuse that Rhodes suffered as a young boy, and how music helped him to overcome the mental health issues he suffered as a result. Rhodes ex-wife sought the injunction on behalf of their son, who as Aspergers Syndrome. She argued that, were their son to read the book, it would cause him significant psychological harm. Relying on 19th century case law, she argued that publication would be to knowingly cause this distress, for which her son would have an action in civil law.

The Court of Appeal had accepted this argument and put an injunction in place, even going so far as to provide a schedule of excerpts from the book that should be removed before publication would be allowed. But on Wednesday the Supreme Court ruled unanimously that this was an error. Continue reading James Rhodes wins at the Supreme Court

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Revenge porn: A law introduced to protect women is already being used to prosecute one

An article by yrstrly for Independent Voices, on unintended consequences with revenge porn laws. The issue of gender blind laws (and principles) is relevant to my earlier post about apparently misandrist, racist tweeting.


Last year, when campaigners pushed for a new law to prevent ‘revenge porn’, it was clear who they were hoping to protect: women.

Introducing the campaign to parliament in June last year, Maria Miller categorised the issue as a form of violence against women.  All the case studies invoked by campaigners involved women being humiliated by their ex-partners, and MPs discussed the exposure of celebrities like Rhianna and Jennifer Lawrence.  The charity Women’s Aid presented examples where women were forced into posing for photographs by abusive partners, saying that “perpetrators of domestic violence use revenge porn as a tool to control, humiliate, and traumatise their victims.”

It is surprising, then, to hear that one of the first prosecutions under the new law will be the ‘tabloid personality’ Josie Cunningham.  A law introduced as a way of protecting women is already being used to prosecute a woman. Continue reading Revenge porn: A law introduced to protect women is already being used to prosecute one

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#KillAllWhiteMen? You must be joking

Bahar Mustafa, the welfare and diversity officer at Goldsmiths, is facing a petition for her removal after she allegedly used hate speech on social media.  Apparently she used the hashtag #KillAllWhiteMen.  Critics say this is inciting violence:  “Too befuddled by theory to know that killing is wrong“.

Obviously, someone elected to a position of authority and responsibility should be more diplomatic in their use of language so its probably right that she should be asked to step down.  But the story is a useful way to restate a point about ‘white privilege’ and ‘male privilege’ that I touched on a while back when Diane Abbott was accused of racism.

Its this: My white male privilege is such that when someone tweets #KillAllWhiteMen, I assume is a joke.  I read the hashtag and my natural reaction is that she’s indulging in hyperbole.  Banter. I get to make that assumption because I don’t live in a society that demeans or belittles me because of my race or gender.  Nothing in the mainstream culture or media undermines me or makes me insecure because of my phenotype or chromosomes.

Black people do not get to make that assumption.

Women do not get to make that assumption.

LGBTQ people do not get to make that assumption.

When any of these people see comparable hashtags (posted, usually, by white men) the threat feels real, and their outrage in response to such message is real and justified.  Conversely, when there is an angry backlash against people like Mustafa on petition sites and newspapers like The Daily Mail, the outrage seems (to my mind) quite false: a mask donned in order to better fight the culture war.

None of this is to defend Bahar Mustafa or to suggest that routinely posting antagonistic messages is admirable.  Rather, its just to point out that context is important.  While laws should be blind to race, gender and sexuality, our society and the interactions within it are not.  Words that bite in one context may be toothless in another.

Indeed, changing contexts mean there will be situations where white men would indeed feel menanced by a hashtag.  For example, if it were tweeted in Paris on 7th January, right after the Charlie Hebdo murders, messages like #KillAllWhiteMen would take on on a whole new meaning, and I’d think again.

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The Good Shabti now available as an e-Book

In response to the news that my book been nominated for the Shirley Jackson Award, we’ve brought forward the launch of the e-book versions of The Good Shabti.  It’s now available for the Amazon Kindle and the best place to get the EPUB versions is at Spacewitch.  Its also available in Kobo, Nook and Lulu stores.  A version will also be available in the Apple Store soon. Continue reading The Good Shabti now available as an e-Book

A Grim Future for our Unions and our Rights

Crikey. I’m dismayed by the result of the general election.

First, I should note just how wrong my own perception of the election campaign turned out to be!  After the leaders debates I said I expected Ed Miliband to be Prime Minister in May. That is clearly not going to happen.  And earlier this week I said I perceived a decline in the influence of the mainstream media on election campaigns.  After the apparent last minute shift in voters’ intentions, that appears to be incorrect.

However, my dismay comes not from the injury to my pride which results from making poor predictions.  Rather, it’s the prospect of what comes next for our unions (yes, unions plural) and our rights as citizens.

First, the fact that David Cameron will attempt to govern alone with a minority government, or a slender majority, will mean that the more Euroskeptic elements to the the right of the Conservative party will be able to hold him to ransom—just as the SNP would have apparently held a Labour government hostage.  The Conservatives have already promised that we will have a referendum on our membership of the European Union.  We now face the prospect of leaving the EU, sundering and cauterising our cultural and economic links with the continent.  This isolation will not be good for the UK.

A ‘Brexit’ will further strengthen the already jubilant Scottish National Party.  Despite the slightly skewed results that our ‘first past the post’ system delivers I just do not see how another referendum on Scottish Independence can still be ‘off the table’. For goodness sake—all but three MPs in Scotland are from the SNP!   If the UK leaves the EU, and with the other parties’ reduced political presence, another plebiscite on Independence would probably yield a ‘Yes’ vote.  Bye bye Scotland.

Finally, the Conservatives have also promised to scrap the Human Rights Act, a pledge that lawyers think is ‘legally illiterate’.  The so-called ‘British Bill of Rights’ will water down the rights that we currently enjoy.  And since the Tories gutted legal aid provision and squeezed the judicial review process, it will be harder than ever for citizens to hold the government to account when it deploys discriminatory policies against us.  

So by the time of the next general election in 2020, there is a very good chance that those of us living in rUK will have lost the political protections of the EU, will have lost the guarantee that out human rights will be protected, and will have lost a progressive political counter-weight to the Tories that may be found in Scotland. And the right-wing media will cheer it all.

Grim, grim grim.

Constitutional coups and the decline of media influence

On OpenDemocracy’s OurKingdom blog, Oliver Huitson draws attention to the way in which the right-wing media has shifted the focus of its attacks in recent days: from ad hominem assaults on Ed Miliband, to warning about the danger of SNP influence on a possible minority Labour administration. Continue reading Constitutional coups and the decline of media influence

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Round-up: Charlie Hebdo and the PEN Courage Award

Charlie Hebdo is not a racist publication. But even if it was, its stand against fundamentalist religion took courage and should be applauded.

Freedom of expression is being debated yet again, and this time my colleagues at the PEN American Center are in the middle of the discussion.  Six of its members have withdrawn as ‘literary hosts’ from the annual fundraising gala, in protest at the decision to award Charlie Hebdo a ‘Freedom of Expression Courage’ award.

In the New York Times, Peter Carey, one of the boycotting authors, is quoted as saying:

“A hideous crime was committed, but was it a freedom-of-speech issue for PEN America to be self-righteous about?”

Salman Rushdie was also quoted in the New York Times piece, defending the award:

“If PEN as a free speech organization can’t defend and celebrate people who have been murdered for drawing pictures, then frankly the organization is not worth the name,” Mr. Rushdie said. “What I would say to both Peter and Michael and the others is, I hope nobody ever comes after them.”

Continue reading Round-up: Charlie Hebdo and the PEN Courage Award

David Cameron’s punt on the BBC Leaders’ Debate was a mistake

Thursday evening saw another party leaders debate.  This time it was a BBC production, hosted by David Dimbleby.

David Cameron, the Prime Minister, chose not to take part. One assumes that he and his strategists had good reasons for his decision.  He has presided over many unpopular policies and would have been exposed to continual criticism.  Perhaps he and his advisers felt that he could only lose.

But his absence felt odd.  All the other participants were able to hammer the Coalition Government policies with impunity (Nick Clegg, the Liberal Democrat Leader and Deputy Prime Minister, was not there either).  Ed Miliband was able to take up the Prime Ministerial mantle unopposed.

Of the five parties that did show up for the debate, four are clearly to the left of David Cameron’s Conservatives and one, UKIP, are very much to the right.  Their closing statements were different and appealed to different demographics, but throughout all I could hear was the sound of the Comservatives hemorrhaging votes.

My hunch is that the nationalist parties will do very well on 7 May, and that UKIP will pick up votes that should otherwise have gone to the Tories.  I think this will allow Labour to prevail in a few seats that they may not otherwise have won, and that Miliband’s offer will persuade enough other voters.  Taken together, all these results will put Labour in a position to form their own minority or coalition government.  Of course, the campaign still has a few weeks left to run… but right now, I think Ed Miliband will become Prime Minister in May.

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#Periscope needs a ‘handover’ function

I’m really enjoying Periscope, the new app from Twitter that allows live broadcasts direct from your phone.  It was launched very soon after its rival Meerkat and has, I think, better sharing and comment functionality.

Both apps, however, offer something utterly compelling — a live window into someone else’s world.  In 5 minutes on Periscope, you can jump accross continents, watching forest fires in the Rockies, a sunset over the Pont Neuf in Paris, dinner with a family in Pakistan, or a toddler in Canberra learning to walk.  Its magic, in the Arthur C Clarke sense.

With other forms of communication, the most fascinating developments come when the users push the platform in ways the developers had not anticipated.  For example, the @ and # functionality in Twitter was something developed by the users and not by Twitter. Continue reading #Periscope needs a ‘handover’ function