Robert Sharp

Pupil Barrister

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An Enclosures Act of the Mind? Libel and the NHS

Here’s an article I posted yesterday on the OurNHS section of OpenDemocracy.


In many ways, the Defamation Act 2013 was good for medicine. During the course of the Libel Reform Campaign, English PEN met dozens of doctors and medical journalists who had been silenced by the famously restrictive English libel law. Pharmaceutical companies used the archaic law to prevent the publication of valid criticism by medical professionals. Fiona Godlee, editor of the British Medical Journal, told a Libel Reform rally how factual reports on medical treatments had been ‘softened’ or even spiked because of libel fears.
The Defamation Act 2013, which English PEN and the Libel Reform Campaign spent three years fighting for, gives strong legal protections to peer reviewed articles. Patients and commissioners should be able to learn of any doubts that doctors have about pharmaceuticals and new treatments. The Act also includes measures to limit the progress of trivial claims, and a new public interest defence. In 2007 Goldacre faced a libel claim from vitamin pill manufacturer Matthias Rath after he used his ‘Bad Science’ column to critique claims that these pills could cure AIDS. Although Goldacre eventually won the case brought against him, the battle left him significantly out of pocket. The new Act should help journalists like Dr Ben Goldacre see off the pharmaceutical libel bullies.
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Cinefilm Footage of the 2003 anti-war protests

I have just uploaded some digitised super 8mm cinefilm footage I took in 2003, of the anti-war demonstrations in London.

I sent the original reels to the producers of the We Are Many documentary. They have crowd-sourced footage of the biggest mobilisation of people in history. Sadly, my footage did not make it into the final cut (too much panning, maybe!?) but they provided me with the digitised footage anyway. I am making it available online under a Creative Commons Licence.
Watching the footage a decade after I took it, I am amused by how the vintage cinefilm adds an extra sheen of history to the images. Its also serendipitous that I received this footage back just as Instagram launched its video service. The quick cuts and grainy film in my clips are mirrored in the new content being produced today by social media enthusiasts. I was using Instagram Video before it was cool!
I am also reminded of these wonderful lines from Karo Kilfeather in her essay ‘The Art of Narcissism‘:

The impulse to create art is as powerful as any other thing that drives us because art connects us to experiences and to one another. Good is besides the point when the need behind it is to create something honest and true to the way we see the world. It’s not about realism. The vintage-tinted Instagram filters are derided for adding a nostalgic cast to the mundane, but what they do is allow users to share their world in the same emotional shades they see. The photo becomes not just a document of a moment, but a story told from a point of view.

This speaks to why I chose to document the protest with Super 8mm cine-film in the first place. The political mobilisation of early 2003 felt historic, and I wanted to convey that in my personal record of the day.

Discussing Assange in Politiken

I was quoted in the Danish newspaper Politiken yesterday, commenting on Julian Assange’s choice to seek political asylum in Ecuador (or at least, its London Embassy):

»Det kan virke som et lidt … bizart valg, når man ser på Ecuadors egen situation på området for ytringsfrihed«, siger kommunikationsdirektør Robert Sharp fra English PEN: »Det er mildest talt ikke et land, der normalt er kendt for at gå i brechen for ytringsfrihed«, siger Robert Sharp.

Essentially:  Its a bizarre choice when you look at Ecuador’s record on free expression issues.  At the very least, its not a country that has a reputation for standing up for free expression.

A partial defence of Kiefer Sutherland's '24'

The conventional wisdom is that Kiefer Sutherland’s 24 is an apologia for torture, a cultural product of America’s post 9/11 crisis of confidence. It is produced by Fox, a media outlet not known for its liberal bias1.
Every week the show presents a new ‘ticking bomb’ dilemma for Sutherland’s character Jack Bauer. These scenarios properly belong in a university Ethics 101 seminar, not real life. Would you kill one person to save a hundred? Is torture justified if it yields information that saves lives? In Bauer’s world, the answer would always appear to be ‘yes’. He consistently chooses the path that saves more Americans in the aggregate, regardless of the law. And when he does so, he prevails. The people he tortures are always guilty and the confessions he extracts always yield useful information.
This is a 180° reversal of real life, of course. But by promoting the idea that the abolition of due process can be effective, 24 is propaganda for the abandonment of law and decency that characterised the Bush/Cheney administration. 24 skews public debate on such issues.
However, I have just watched Season 7. This block of episodes has a very different feel to the previous seasons. Terrorists still attack passenger aeroplanes, launch WMD, and attempt to assassinate the President. And Jack Bauer foils their plans on an hourly basis. However, this time the action has moved from decadent, decaying Los Angeles to Washington DC. This proximity to the institutions of State clearly inspire the supporting characters. As the action unfolds, Bauer is consistently harangued and brow-beaten over his actions by the people around him. FBI Special Agent Reneé Walker tries to play along with Bauer’s unconventional approach, and finds she does not have the stomach for it. Special Agent Larry Moss says “the rules are what make us better.” Back at the FBI HQ, the analysts complain about racially profiling suspects. In a key scene with a liberal Senator, Bauer is forced to entertain the notion that it is the rule of law that makes America, and that sometimes upholding The Constitution should take priority over saving lives. By the end of the series, Jack has accepted this argument.
Meanwhile, in the White House, POTUS Allison Taylor puts the responsibilities of her office over the unity of her family in a most dramatic fashion, following her head not her heart. The situations that she and Bauer encounter are no less preposterous than anything in the previous seasons… But at least in Series 7 the characters give proper weight to the importance of the law as they make their decisions.
24 Season 7 was made in 2008. You can tell it is the product of a different political wind. In an overt attempt to redeem itself after many years promoting a Manichean worldview, this series ensures that every Muslim character is wholly noble. As Bauer lies critically ill in a hospital bed, he even summons an Imam for spiritual guidance.
It is a shame that 24 took so long to put forward the view that it is the law that is at the heart of the American Way. It is a shame that it took the producers six seasons before they remembered that United States Presidents take an oath to defend the Constitution, not the people. Jack Bauer’s torturing ways are themselves an attack on American ideals, and it is a shame that this is only called out in Season 7.
But hey – at least the series does, finally, make that conceptual connection. Just as Jack Bauer repents his sins to the Imam, so 24 Season 7 feels like it too is asking for forgiveness.
Does the show deserve absolution? That all depends how Season 8 unfolds, and I haven’t watched that yet.



1. Yes, I do know that Fox also produces The Simpsons but that does not excuse Fox News.

Check your privilege: Whose free speech is it anyway?

Here’s an audio recording of my remarks at the ORGcon panel ‘The right to be offensive: free speech online’.

I saw this event as an opportunity to develop the discussion on offence and free speech that I had at the Liberty AGM panel last month.  There, the discussion about offensive words centred around ideas of blasphemy and obscenity, and the conclusion seemed to be ‘people need to have thicker skins.’  When it comes to the criticism and satire of religion or public figures, I agree with this sentiment.  But it is a weak and incomplete response to the hate speech and bullying.  An article by Helen Lewis at the New Statesman was fresh in my mind – a nasty culture of rape threats and racism seems to be evolving, and it is driving people offline.  This is also a free expression issue.
So free speech advocates are faced with a challenge.  If we campaign to esnure that offensive comments are legal and permitted in public and quasi-public fora like Twitter and Facebook, what do we do about the hate speech?  What do we do about the racist and sexist comments that discourage minority voices from participating in the discussion?  To expect these people to get a thicker skin and just shrug it off is a privileged attitude that prioritises the free speech of one group over another.
Human rights campaigners must come up with a solution that addresses hateful comments, but without recourse to law.  There may be technical solutions or behavioural remedies we can use to discourage the rape-threats and the sexism and the racism.  If liberal defenders of a free internet to do not address this problem, then populist politicians will seize the initiative and burden us with authoritarian speech laws.
Is online vigilantism the answer?   Can we not use our own right to free speech to shame the people posting the ugly comments?  Fellow pannellist David Allen Green was wary of ‘Twitter storms’, saying that they often result in someone in the storm calling the police.  He said that are unfocused and has previously likened them to an Orwellian Two-Minute Hate.   But perhaps a more surgical form of online counter-speech is the answer?  What would that look like, I wonder?
https://twitter.com/davidallengreen/status/277883863705985024

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