Robert Sharp

Pupil Barrister

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Peak Podcast and the Purpose of Online Publishing

18 July 2019 / / 0 Comments

Quiet Mics Live On Air

‘On air’ lamp in a studio at BBC New Broadcasting House


Much hilarity on social media about this New York Times article about an aspiring writer who set up a lacklustre podcast.

Each week, the friends, neither of whom had professional experience dispensing advice, met in a free room at the local library and recorded themselves chatting with an iPhone 5.  “We assumed we’d be huge, have affiliate marketing deals and advertisements,” Ms. Mandriota said.

We’ve hit ‘peak podcast,’ apparently and everyone is getting in on the podcasting game – especially anyone who wants to be considered an ‘expert’ in some field or other. Continue reading

Online Harms: A Few Times When The Algorithms Chilled Freedom of Expression

28 June 2019 / / 0 Comments

The consultation to the British government’s Online Harms White Paper closed this week. English PEN and Scottish PEN made a submission, arguing that the government rethink its approach.
The government proposal is that a new ‘duty of care’ is placed upon online platforms like Facebook, Twitter and YouTube to protect their users. If they expose users to harmful content—ranging from terrorist propaganda and child porn, to hazily defined problems like ‘trolling’ — then a new regulator could sanction them.
This sounds sensible, but it presents a problem for freedom of expression. If the online platforms are threatened with large fines, and their senior management are held personally responsible for the ‘duty of care’ then it’s likely that the online platforms will take a precautionary approach to content moderation. Whenever in doubt, whenever it’s borderline, whenever there is a grey area… the platforms will find it expeditious to remove whatever has been posted. When that happens, it is unlikely that the platforms will offer much of an appeals process, and certainly not one that abides by international free speech standards. A situation will arise where perfectly legal content cannot be posted online. A two tier system for speech. Continue reading

Press Gazette op-ed on Lachaux and Press Standards

14 June 2019 / / 0 Comments

Following the Lachaux case at the Supreme Court earlier this week, I wrote an op-ed for Press Gazette on its implications for free speech and press standards.
Key paragraph:

After a period of uncertainty, the Lachaux judgment returns the section one standard to that applied in Cooke. The publisher’s response to a complaint can really make a difference to the “serious harm” assessment.

You can read the entire op-ed on the Press Gazette website.

Quoted in the Guardian and the Bookseller discussing the 'Lachaux' case at the Supreme Court

13 June 2019 / / 0 Comments

I was at the UK Supreme Court yesterday to hear the judgment in Lachaux v. Independent Print Ltd and another. It was a significant challenge to section 1 of the Defamation Act 2013, which long-term readers of this blog will recall was the (successful) end result of English PEN’s Libel Reform Campaign.
Section 1 of the law introduced a test of ‘serious harm’ before a claimant could sue. It was designed to expand the space for free speech by weeding out trivial claims.

A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.

The Lachaux case hinged on the semantics of that section of the law.  Do the words “has caused or is likely to cause” refer to real world effects, past or future? Or do they just mean that the words have a tendency to cause serious harm to reputation.
As Bishop Berkeley might have asked: If I call you a domestic abuser in a forest, and no-one hears, have I caused serious harm to your reputation? Continue reading

On Milkshaking

5 June 2019 / / 0 Comments

The recent EU parliamentary election campaign saw the birth of a particular form of political expression: milkshaking.
The practice began when a man in Leeds, irate at having to talk to UKIP candidate and race-baiter Tommy Robinson, threw milkshake over him.
Other people started throwing milkshakes at other right wing candidates. Nigel Farage refused to disembark his campaign bus in one location, having been ‘milkshaked’ at a previous stop.
The phenomenon prompted a wave of political discussion, hot-takes ans hang-wringing. Was it akin to ‘punching a Nazi’ or other types of political violence? Or was it in the tradition of that time-honoured tradition of throwing eggs at politicians? Continue reading

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