‘Surprising and concerning’ – Quoted in the Guardian, discussing legal threats to book sellers

Jim Waterson of the Guardian reports a bizarre story of legal reputation managers at Schillings sending threatening letters to booksellers and independent book shops, in an effort to stop them stocking a book about an (allegedly) corrupt banker.

I’m quoted near the end of the story, expressing my dismay:

Robert Sharp of English PEN, the free speech campaign group that co-founded the Libel Reform Campaign, said the decision by Low’s lawyers to target booksellerswas deeply worrying. “This is surprising, concerning and sets a terrible precedent,” he said. He argued that by focussing on the synopses, “the effect of these legal letters is to short-circuit the legal process, by putting booksellers in an impossible position”.

Continue reading “‘Surprising and concerning’ – Quoted in the Guardian, discussing legal threats to book sellers”

Discussing the Online Forums Bill on Sky News

On Tuesday 11th September, Lucy Powell MP introduced the Online Forums Bill to Parliament. It was a ‘Ten Minute Rule Bill’, a mechanism by which opposition and backbench members of parliament can introduce legislation.  The text of Ms Powell’s speech may be found in Hansard and there is a video on Parliament.tv.

The speech makes some challenging points. How is it that Facebook groups can grow to tens of thousands of people in secret, with no oversight or scrutiny? One such group, which discussed autism, recommended that parents give their kids ‘bleach enemas’ to cure the condition.

Powell also points out that members of these groups often feel too intimidated to speak out against the most vocal and radical members of the group. This shifts the dynamics of such groups to ever more extreme positions, and is a very particular free speech issue in itself.

The bill proposes that online forum operators like Facebook be forced to take greater responsibility for what is published on their platforms. Just after the parliamentary debate concluded, I was invited onto Sky News to discuss the proposals. The segment can be viewed below or on YouTube. Continue reading “Discussing the Online Forums Bill on Sky News”

New Statesman: We mustn’t let the news cycle forget the Reuters journalists locked up in Myanmar

This week, two Reuters journalists working in Myanmar were found guilty of breaking official secrets laws and sentenced to seven years in prison. Officials from the British Embassy in Yangon attended the trial and report that there was scant evidence that Wa Lone and Kyaw Soe Oo had done anything wrong. They have clearly been imprisioned as a means of silencing their reporting on the Rohingya crisis.

I wrote about the convictions, and how (I think) the campaign for their release should be run, in an article for the New Statesman.

A frustrating fact about human rights campaigning is that the release of a celebrated political prisoner usually happens not because the law is amended, but on the whim of an authoritarian politician. The power to arbitrarily censor is retained, and anxiety remains among activists and journalists, over what can and cannot be said. Fear and self-censorship persists, and tragically, many other people remain in prison. Presidential pardons rarely extend to equally deserving prisoners who have less of an international profile.

Read the whole thing on the New Statesman website.

Continue reading “New Statesman: We mustn’t let the news cycle forget the Reuters journalists locked up in Myanmar”

For Alex Jones, The Slippery Slope Argument Doesn’t Work The Way You Think It Does

Alps from Aiguille du Midi (SW) by Tony Fernandez. Creative Commons licenced photo on Flickr

The news that conspiracy theorist and inciter-to-violence Alex Jones had been simultaneously banned from several social media platforms sparked several days of debate and comment – on both mainstream and social media. At stake were questions about the wisdom and efficacy of such a ban, and the acceptable limits of free speech.

A common argument trotted out in several quarters, including by me, was the ‘slippery slope’ argument. It might seem acceptable to ban someone unpleasant like Alex Jones, but who might they ban next? First they came for Alex Jones, but I was not a dangerous snake-oil salesman, so I did not speak up… Continue reading “For Alex Jones, The Slippery Slope Argument Doesn’t Work The Way You Think It Does”

Two Conceptions of Free Speech in Ancient Athens

I’m really enjoying ‘Clear and Present Danger: The Free Speech Podcast’ hosted by Jacob Mchangama. Its a comprehensive tour of the concept of freedom of expression. It begins in ancient Athens and there are episodes on the Romans, early Christianity, freedom of thought in the Islamic world, and how heresy was persecuted in medieval times.

One crucial piece of information about the concept of freedom of expression, which I think is desperately relevant to our modern debates and disputes, comes in the first episode. Mchangama points out that there are actually two philosophical idea embedded in the Athenian conception of free speech and which drove their democracy. Continue reading “Two Conceptions of Free Speech in Ancient Athens”

My remarks at the UCL Institute for Advanced Studies round-table on ‘Lies and the Law’

Zola aux Outrages, Henry de Groux, 1898

Last week I posted a quote from Dr Alex Mills of University College London, on Facebook’s woefully inadequate Terms & Conditions that related to defamation. That was drawn from a panel discussion I participated in on 22 March 2018 hosted by UCL’s Institute of Advanced Studies, entitled ‘Defamation – A Roundtable on Lies and the Law‘.

Here again is the audio of the panel discussion, and for for completeness I have pasted my remarks below too. The other participants were by Dr Alex Mills (UCL Laws), Prof Rachael Mulheron (Queen Mary Law) and Dr Judith Townend (Sussex Law). The discussion was chaired by Harry Eccles-Williams, Associate at Mischon de Reya. Continue reading “My remarks at the UCL Institute for Advanced Studies round-table on ‘Lies and the Law’”

Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme

The propaganda website InfoWars has been banned from Facebook, the Apple iTunes podcasting platform, and Spotify. Most people have welcomed the fact that these technology companies have finally acted to enforce their own terms and conditions, though others (including, obviously, InfoWars itself) says that this is an infringement of free speech.

I was invited onto the BBC Victoria Derbyshire TV programme today to discuss the issue, alongside Karin Robinson from Democrats Abroad; and Neil Heslin, whose son was murdered at Sandy Hook Elementary School, and who has been taunted and harassed by the InfoWars website and its supporters. Continue reading “Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme”

Dr Alex Mills on Facebook T&Cs

Back in March, I participated in a round-table discussion hosted by the University College London’s Institute of Advanced Studies, on the subject of defamation. I will post my remarks at some point, but for now (primarily because of a media appearance I made today) I wanted to share a remark made by Dr Alex Mills about the state of Facebook Terms & Conditions.

What you have when you look at Facebook’s community standards is a defamation law that you would write on a postcard if you were trying to explain a sort of version of American defamation law to someone who wasn’t a lawyer.

Continue reading “Dr Alex Mills on Facebook T&Cs”

Anger, Contempt, and Constructive Disagreement

Free speech is supposed to be facilitate human progress. In its ideal form, it enables debate and causes us to iterate better political policies, better cultural outputs and a better society.

In reality, the marketplace of ideas, if it exists at all, is corrupt and monopolised by those with money and power.

One aspect of freedom of expression I think about a lot is the way in which disagreements happen. I’ve expressed dismay at how some free speech advocates seem remarkably uninterested in listening to other points of view, and only really care about their own right to offend. And I’ve noted how many spats seem to disintegrate into a competition over who can first reach a place of unassailable piety. Continue reading “Anger, Contempt, and Constructive Disagreement”

“I disapprove of what you say, but I will defend to the death your right to say it” – Voltaire, Tallentyre and Hall –

Government Minister Sam Gyimah begins an op-ed in The Times today thus:

I wholly disapprove with what you say, but I will defend to the death your right to say it”.

Voltaire’s famous words reflect my opinion on free speech. It is an essential part of a thriving democracy, a civil society and a fulfilling university experience.

Except Voltaire never wrote those words. They are a paraphrase, a summary, written by his biographer Evelyn Beatrice Hall, who wrote under the pen name Stephen G. Tallentyre.

The phrase appears in Friends of Voltaire and is in reference to Voltaire’s contemporary Claude Adrien Helvétius and his controversial book De l’Espirit (On The Mind), which had been declared heretical and burned.

On The Mind became not the success of the season, but one of the most famous books of the century. The men who had hated it and had not particularly loved Helvétius, flocked round him now. Voltaire forgave him all injuries, intentional or unintentional. ‘What a fuss about an omelette!’ he had exclaimed when he heard of the burning. How abominably unjust to persecute a man for such an airy trifle as that!I disapprove of what you say, but I will defend to the death your right to say it,’ was his attitude now. (Pages 198-199)

According to Wikiquote, the misattribution to Voltaire happened in the June 1934 edition of Readers Digest. In repsonse, Hall was quoted in Saturday Review (11 May 1935), saying:

I did not mean to imply that Voltaire used these words verbatim and should be surprised if they are found in any of his works. They are rather a paraphrase of Voltaire’s words in the Essay on Tolerance — “Think for yourselves and let others enjoy the privilege to do so too.”