Robert Sharp

Barrister

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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

IFTTT built my suggestion into their app!

Remember how I noted that start-ups are very good fostering loyalty, by listening to and interacting with their users?  Here’s a great example:
First, this:

Then, that:
https://twitter.com/ke/status/345329543399235585
I’m delighted that my little suggestion has been quickly incorporated into the If This, Then That functionality.  If you have not yet taken advantage of the simple but powerful tools available, you should totally head over to the IFTTT website… ASAP.

Notes on PRISM, privacy and surveillance

I have been away this week and unable to write anything on the PRISM revelations that have dominated the news over the past few days.  Here are a few notes and links in lieu of something more rounded.
At ORGcon, I did preface my remarks during the ‘free speech online in the UK’ panel to note that the right to free speech includes the right not to be surveilled.  If you think your conversations are being monitored, then you are not going to speak as freely as you may wish.  (I will post a longer reflection on the ORGcon discussion soon).
This week I did read an article by Daniel Solove in the Chronicle of Higher Education which summarises variations on the “if you have nothing to hide you have nothing to fear” argument for surveillance. It’s obviously extremely relevant given recent revelations surrounding the US Government’s PRISM programme.
Solove’s article is a frustrating read, because the arguments against surveillance are, like many human rights issues, bound up in ‘slippery slope’ or ‘boiling frog’ concepts that tend not to resonate with ordinary people. Public interest (and outrage) at privacy invasions only occur when rare real-life examples manifest themselves, as when the damage has already been done (the hacking of Milly Dowler’s mobile phone being the prime example).  Liberally minded people who oppose surveillance and privacy intrusions on principle need more sound-bites to compete with “if you have nothing to hide you have nothing to fear”. Solove lists a few candidates – “Why do you have curtains, then?” is probably the best retort. Continue reading

Some good reads on the Turkey protests

At English PEN, we’ve been following the health of free expression in Turkey very closely all year.  Here’s a round-up of excellent Turkey analysis from some of the people we have been working with.
Ece Temelkuran writing in the New Statesman – ‘People have killed their fear of authority – and the protests are growing‘.

It was never just about trees, but the accumulation of many incidents. With the world’s highest number of imprisoned journalists, thousands of political prisoners (trade unionists, politicians, activists, students, lawyers) Turkey has been turned into an open-air prison already. Institutional checks and balances have been removed by the current AKP government’s political manoeuvres and their actions go uncontrolled. On top of this growing authoritarianism, the most important reason for people to hit the streets in support of the Gezi resistance was the arrogant tone of the Prime Minister, Recep Tayyip Erdoğan.

English PEN Turkey specialist Alev Yaman expands on this theme of arrogance:

Erdoğan unabashedly wields that most dangerous of rhetorical weapons – the Will of the People – when he speaks, and his casting of the protesters as ‘extremists’, ‘alcoholics’ or ‘opportunistic provocateurs’ gives a clear insight into his psychology. His opponents are marginal, irrelevant and contemptible; while he represents Turkey. And perhaps it’s this dismissive attitude towards the rest that is the biggest factor in the unrest. For many in Turkey, there is a growing sense that their views don’t deserve to be heard or listened to. It is Erdoğan’s contempt for those outside his electoral base that is the biggest cause for concern of all.

Meanwhile, the Free Word Centre’s translator-in-residence Canan Marasligil has written a series of posts on the current crisis: An overview of the protests; some of the issues around translating the protestors statements for foreign consumption; and the role that satircial cartoons have played in the week of protests.
Leman cover

Thoughts on the Mail on Sunday secret scandal

According to the Mail on Sunday, David Cameron recently learnt of a sex-scandal involving prominent members of his government. ‘For legal reasons’ the paper cannot name the people involved.
On Twitter, people are cautious. Many cite the injunction that prevents anyone naming names. The judgement in the Lord McAlpine vs Sally Bercow is fresh in everyone’s minds. Even guessing may amount to contempt of court.
Meanwhile, blogger Paul Staines (Guido Fawkes) claims to already know the identities, while other journalists say they have worked it out.
During the ‘super-injunction’ furore in 2011 (which culminated in Ryan Giggs being named in Parliament as having taken out such an order to prevent a kiss-and-tell story by Imogen Thomas) I recall that both the Daily Mail and the Daily Telegraph printed ridiculous puff pieces about an actor who had been named on Twitter as having used a prostitute and then taken out a super injunction to prevent the story from vein reported.†. Both pieces called the actor a family man, and the Telegraph cleverly worked certain film titles into the piece that, for those in the know, referenced the sordid tale.
For those in the know.
It may be that Monday’s newspapers contain similar clues. Those who usually try to solve the cryptic cross words may try their luck and deciphering the hints and breadcrumbs buried within the newspapers coverage. In the coming days, look out for odd turns of phrase, and out-of-place or fawning profiles of cabinet ministers in the newspapers. They will be the *innocent face* of the mainstream media, drawing attention to those in the know.
This is all desperately problematic. In the next few days, we may find ourselves in a situation where the majority of the political and media class will know the identity of the Downing Street adulterers. People like me, who exist on the periphery of that world and have a couple of friends in journalism, will probably find out too. That’s if Twitter doesn’t get there first. And everyone who knows will probably tell their partners and a few other close mates, “so long as you don’t broadcast it”.
And if the group of those in the know is sufficiently large, then the privacy of the people involved has not been protected. Their reputation will have been damaged.
In fact, I reckon that I am a pretty good canary-down-the-mine for this. There must be literally thousands of people like me who work on the fringes of politics and/or spend a fair chunk of time on the Internet. Assuming that the identities are not revealed in a big newspaper splash (a possibility) then I will posit that when I discover the identities, then in no sense can it be said that the privacy or the reputation of the people involved remains protected..
This is not a free speech manifesto and I will not break any injunction. Social media and blogging are both forms of publishing, legally no different from writing a newspaper article.
My point is this – there may come a moment in the next few days or week, when there will be common knowledge facts that no-one will speak about in the open, and everyone will play along with the charade that the names remain unknown.
And when societies participate in a collective omertà, we should start to get worried.

Update

Well, that did not take long. I have now discovered the names of the people involved. My methods were so rudimentary I can confidently say that many, many people are now in the know. It will make it easier to spot cryptic clues in the Monday papers much easier (but less fun).

Update II

Trial reveals Brooks-Coulson affair.


†As someone who likes to link to what I am referring to, it is incredibly frustrating to be unable to do so in this case… because I think the injunction may still be in place. I will investigate and post the links if it is legal to do so!

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