This is an emotive and controversial subject so it’s worth reminding ourselves of my standard disclaimer.
On Thursday, I was interviewed on Sky News about free speech on social media. On Sunday evening, it emerged that the woman confronted by Martin Brunt in his associated report had been found dead in a hotel in Leicester. At the time of writing details about the circumstances of Brenda Leyland’s death have not been made public.
This development raises all sorts of new questions about the conduct of the media, about discourse on social media, about the targetting of other social media users by online vigilantes, and about mental health issues. I will not try to answer them here, but I will raise a couple of points I think are pertinent.
First, the entire Twitter history of Ms Leyland’s @SweepyFace Twitter account can currently be viewed and downloaded via GrepTweet (or here as a .txt file). There are over 4,000 tweets in the account and all of them appear to be about the McCanns… or rather, about #McCann, the ongoing “he said, she said” debate between pro- and anti- tweeters. Browsing through the tweets, I see none that I would describe as threats or abuse. The tweets do not directly address the McCanns, who are not on Twitter.
Related to this: its unclear which, if any of these tweets were in the dossier sent to the police and seen by Martin Brunt.
Second, it is incredibly sad and ironic that the death of a woman acused of trolling should mean that the Sky News reporter who exposed Brenda Leyland is now the subject of a Twitter storm. This week I have often thought of this message from legal blogger Jack of Kent which sums up the situation perfectly:
Last week I was invited into the Sky News central London studio to discuss free speech and ‘trolling’ on social media. The segment had been prompted by a report by Sky journalist Martin Brunt into a ‘dossier’ of alleged abuse of Kate and Gerry McCann, the parents of missing Madeleine.
During the discussion I made the distinction between tweets that were abusive or threatening on the one hand, and others that were merely ‘offensive’. I cited the Crown Prosecution Service guidelines on when to prosecute, and also warned at the development of ‘privatised censorship’ where different ideological groups use poorly-worded laws to threaten each other with prosecution.
A viewer recorded the segment off the TV and uploaded it to YouTube.
Twice in a week, yrstrly is in the papers. This time its the The Herald, where I say things not dissimilar to the article I wrote in July.
Robert Sharp, of freedom of expression group English PEN and the Libel Reform Campaign, said: “The worrying gap between protections in England and Wales and Scotland is allowing a chilling loophole to exist and this is especially concerning after Scots voted to stay in the United Kingdom.”
The internet, and in particular social media, means that defamatory statements published in England, for example, could almost certainly be deemed to have been published in Scotland. So somebody who believes they have been defamed online – in, for example, the electronic version of a newspaper, story can now choose where to sue.
Mr Sharp added: “We have every respect for Scots law and understand that it is not the same. But as long as the loophole exists, the chill exists. As long as we have the UK, we can say that if somebody has a reputation in England that can be tarnished, they have a reputation in Scotland too. This is a real constitutional issue and we hope Scotland will adopt a defamation act quickly.”
Read David Leask’s full article on the Herald‘s website.
Today I am quoted in the Guardian, blasting the Maldives‘ ridiculous new law that insists all books be passed by a board of censors:
At English PEN, head of campaigns Robert Sharp called the “sweeping new law” a “disaster for freedom of expression in the Maldives”.
“The parliament should be acting to expand the space for freedom of expression, not enacting laws that will stifle debate and dissent,” said Sharp. “These new rules will also damage Maldivian culture. How can Dhivehi authors flourish when all novels and poetry must pass a board of censors? Maldivian literature will stagnate under these new rules. We hope the president and the parliament of the Maldives will think again.”
Read the whole article on the Guardian website.
One of the most pernicious, lazy and irritating arguments for mass surveillance is “if you have nothing to hide you have nothing to fear”. I’ve dealt with cursory responses to this before: “Why do you have curtains, then?” is the best short response, in my opinion.
But behind the glib cliche is a more subtle argument. Politicians, in arguing for surveillance, seek to reassure us that the powers they seek (and have recently awarded themselves) would never be used against ‘ordinary’ people. They hope that we have forgotten Paster Neimoller’s ‘And Then They Came For Me’ poem… or that we assume it does not apply to us. They want us to believe that their power of surveillance is so they can keep an eye on other people. In this manner, the public consent to more powers, and barely notice when the security services abuse these powers to attack the free press.
Here are two sophisticated arguments against even responsible governments having mass surveillance powers. First, the philosopher Quentin Skinner, in conversation with journalist Richard Marshall. I quote at length without apology: Continue reading
Today The Herald has published an opinion piece by me, urging reform of the libel law in Scotland.
Incredibly, the cradle of the Enlightenment offers fewer free speech protections than England and Wales. This state of affairs cannot be allowed to continue.
Read the whole thing in the paper, or at HeraldScotland.com.
Yesterday’s news carried reports that the government may act to criminalise ‘revenge porn’. This is when an angry, jilted person posts private, explicit photographs of their ex-lover online.
At the moment, those who have been exposed in this way can try suing for a breach of privacy in the civil courts, but it’s not currently a criminal offence. For something to constitute ‘harassment’ it has to be a pattern of behaviour, which does not capture the one-off posting of consensual photographs. Continue reading
There was some controversy last month surrounding free speech group Index on Censorship. They’ve appointed Steve Coogan as a patron, but he is famously a part of the Hacked Off campaign which supports press regulation policies that Index does not. Both Nick Cohen in the Spectator and Richard Pendlebury in the Daily Mail have written angry responses to the manoevre.
I’ve heard a couple of people express dismay that Hacked Off are being described in such reports as a “pro-censorship lobby”. Through my work at English PEN 1, I’ve met three of the people who run the group—Brian Cathcart, Martin Moore, and Dr Evan Harris. If you have read their countless articles, heard any their speeches, or read their tweets on the issue, I do not think one can seriously suggest that they are in favour of “censorship” as the word is commonly understood. They are at pains to point out that they do not endorse any kind of pre-publication curbs on the press.
On Tuesday I was quoted in a Belfast Telegraph report on the rise of super-injunctions in Northern Ireland. Super-injunctions, you will recall, are those special types of gagging-order where the judge not only stops you from reporting certain facts, but also bars you from even telling anyone you’ve been censored. As a rule of thumb, this tends to be a bad thing. Continue reading
In a recent press release, Janice Atkinson, a UKIP candidate for the European Parliament, calls on the police to prosecute Hope Not Hate and Unite Against Fascism protesters under ‘hate crime’ legislation.
Ukip demands police action to arrest so-called ‘anti-racist’ protestors
Janice Atkinson, as Ukip SE chairman, and MEP candidate, jointly with colleagues Patricia Culligan and
Alan Stevens, MEP candidates, have raised concerns about the way the police will deal with the protestors
at the Hove Ukip public meeting, on Tuesday, 13th May to be held in the Jewish Hall.
They have formally asked the chief constable to arrest any protestors who call our supporters ‘fascists’, hurl other abuse or any physical assault, for ‘hate crime’ or under the public order act.
We therefore call on the police to confirm that they will prosecute under ‘hate crime’ any individual or group who seeks to intimidate our supporters and candidates or at least under the Public Order offence under
Section 4, 4A or 5 of the 1986 Public Order Act.
This shows a remarkable lack of understanding of the law and of the principles of free speech. Continue reading