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Author: Robert (Page 191 of 328)

Arguing Libel Reform in the Solictiors Journal

I have an article in this week’s Solictiors Journal, calling for whole-scale reform of libel law.  In making my case, I find common ground with Nigel Tait of Carter Ruck:

Speaking at an English PEN event on libel, he [Tait] admitted that some proposals for change filled him with “fear and dread”, but he welcomed the idea of a libel tribunal as an alternative to full trial.
“I actually like the idea of the tribunal, the fast track scheme,” said Tait. “If you’ve got it wrong, then… at least you can go to a tribunal and test it. And we would have lots and lots of cases going through our system, instead of the five or six a year which we have at present.” Tait’s firm is often criticised by free speech campaigners, but here we are in agreement: it is surely better to fight libel cases based on truth and meaning, rather than on which side has the most money.

Mine is the first half of a point-counterpoint editoral feature.  Rod Dadak of Lewis Silkin LLP provides the alternative argument, saying that effective case management is a more effective route to reform.

The proposals made in the Index/PEN report, which include a radical change of our libel laws, are inappropriate and wholly unnecessary. They would seriously impact on the rights of a libel victim to seek vindication and compensation. Freedom of expression has to be balanced with their rights to have their reputation protected: a responsible media have nothing to fear from our existing libel laws. That said, there is iniquity and abuse in respect of costs and also jurisdiction shopping. It must be addressed. Neither the media nor the claimant should hold all the cards, but Index/PEN are over-egging the argument for reform.

Wholesale change is not the solution, effective case management is.

What is encouraging about this, is that at least Mr Dadak acknowledges the problem.  ‘Jurisdiction shopping’ is what is also known as ‘Libel Tourism’, and the issue of spiralling costs is a major obstacle to journalists defending themselves, as the BBC proved earlier this week when it conceded defeat in its legal tussle with Trafigura, over a report on Newsnight about the company’s toxic waste dumping in the Ivory Coast.
I think my reponse to Mr Dadak would be:  If effective case management is the answer, then why isn’t it being done already?  It is not as if the problem with UK libel laws is a new one:  I know Geoffrey Robertson and Anthony Lester, two human rights QC’s who work closely with PEN, have been complaining about the iniquities of libel for literally decades.  I would say that it is precisely the failure of the courts to acknowledge the extent of the problem, that has inspired free speech campaigners are now turning to the politicians to sort out the problem.
Free Speech is Not For Sale

Inside Time

Due to English PEN’s various free speech campaigns, I’ve been cited in a couple of print publications recently.  I welcomed Jack Straw’s announcements on libel reform in The Bookseller, and celebrated a minor victory on Criminal Memoirs for Inside Time.  There doesn’t seem to be a permalink for the latter article, so I’m reproducing it below.
Continue reading

10 Tactics

Alaa Abd El-Fatah, Technologist, Egypt. Animation by Toby Newsome

Alaa Abd El-Fatah, Technologist, Egypt. Animation by Toby Newsome


Last Friday night I spent an interesting evening with the folks from the Tactical Technology Collective, who show communities and campaigning groups how to use new technologies to their advantage. I’ve long been a fan, because I think that their NGO in Box project (in its several iterations) is a simple idea that’s probably extra effective because of good design.
We were at the Frontline Club in Paddington for the screening of their documentary, 10 Tactics, which gave real world tips for digital advocacy. The tactics include presenting a visual message, using humour and animation to reach difficult groups, and amplifying personal stories to make a more effective message. We saw what free and open source tools were available to do this.
Much of the film focused on working in developing countries, where IT technologies are still emerging and people don’t have information at their fingertips. Many of the tactics have information delivery as an end in itself, for example, telling Zimbabweans where to vote or rural farmers in India where to find information on their land rights. This direct communication with what charities might call their “beneficiaries” is very different from many UK charity campaigns, which tend to be about raising awareness of a problem amongst people who are not suffering from it (in the case of PEN, say, we spend a fair amount of time campaigning to let our members in the UK know about the censorship and persecution of writers overseas). I would describe this type of campaigning as presenting a second order message (not “do this” but “do this for other people”) or even a third order message (“the government should do this for other people”) – I’m sure hardened charity campaigners have a more sophisticated taxonomy for these different types of message. One criticism I heard about 10 Tactics is that it did not offer enough advice for this second and third order campaigning. Perhaps we need another film which explains how to call people in the UK to action. Or maybe that’s a red herring, and the need for direct first order campaigning in the southern hemisphere should be the priority.
The after-film discussion was led by Darius Cuplinskas of the Open Society Foundation, who raised a concern that many people who are otherwise excited by New Media seem to have: what happens when “noxious” civil society groups use these tactics for “nefarious” purposes? Worse, how do we guard against the possibility that oppressive governments will use new technologies to spread disinformation?
Sameer Padania of WITNESS was bullish on this point. First, he said, activists learn from other campaigns around the world. Protesters in the Saffron Revolution in Burma in 2007 posted videos and images of their marches online, allowing the authorities to identify and punish them. But when it was the turn of dissidents in Tibet and Iran to protest, they had learnt the lesson of Burma, and covered their faces! They are also learning about ways to communicate when authorities shut down parts of the communicaions network. So people become much more savvy about the power of technology.
And with this savviness (says Sameer) comes a better visual literacy and media literacy. People have a greater understanding of how images and video can mislead. They are more likely to recognise propaganda and photoshopping in the first instance, and also more likely to question the veracity of sources, and to fact-check. We saw this in the #IranElection protests, where an important task of the Twitter community there was to fact-check itself, double-sourcing reports and debunking rumour. Very quickly, certain users gained more authority and trust than others.
My own addition to this thought is an idealistic one, which is that truth carries it’s own authority. Fakers and fraudsters can be exposed, but if you’re telling the truth then you can’t be caught out. Perhaps that’s the best tactic of all.

You're Only As Good As Your Last War

David Aaronovich’s column in The Times today warns that we might be sleepwalking towards a nuclear Iran.  Stuck in the deserts of Iraq and Afghanistan, we don’t have the political stomach to seriously engage with the threat.

We almost lack the spare mental capacity to consider how to deal with the difficult “other”. We have intervened in Iraq, Afghanistan, Kosovo, Bosnia and Sierra Leone. We have agonised over Gaza and Lebanon. We have debated Darfur and Zimbabwe. It is all so difficult, so intractable, that the easiest answer seems to be to withdraw, to let things alone, to hope that they will go away.

It is in this kind of ennui that we see the real, long-term damage of our reckless rush to war (now being exposed in a handy serialised form, thanks to the new Iraq inquiry).  A mistake of such magnitude has had horrible knock-on effects for our foreign policy elsewhere.  Not only was Iran emboldened by the 2003 conflict, but it looks like we have lost the political will (and capital) to appropriately deal with this latest nuclear threat.  Aaronovitch advocates UN sanctions against the regime (specifically the Revolutionary Guard) but this requires the support of China and Russia.  Do we have the political credibility to push them into agreement with such sanctions?  If we do not, then we know where that credibility went: spilled into the sands of Iraq.

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