Pupil Barrister

Category: Diary (Page 65 of 300)

Things that happen to me, or things I do

Free speech is the courage to burn bridges

The year 2015 has begun with a great deal of debate about free speech. The fanatics who murdered the Charlie Hebdo cartoonists saw to that—their sympathisers in Copenhagen have kept the fire burning.
The discussion has largely been about what one can say about your ideological opponents. Is it Okay to blaspheme? What are the limits to giving offence? When does criticism of one group or another slide into hate speech and incitement. In these examples we usually debate whether the law can interfere with our speech.
It’s worth noting that other kinds of free speech dilemmas exist. An important example of this is on show in Peter Oborne’s seething explanation for why he resigned from the Daily Telegraph.
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Scotland has an opportunity to create a model defamation law

Edinburgh Castle

Edinburgh Castle


The Scottish Law Commission has said it will include a review of the defamation law in its ninth programme of reform.  That’s fantastic news for those of us in the Libel Reform Campaign who want to ensure that the space for free speech is just as wide in every corner of the United Kingdom.
David Leask at the Daily Herald reported the story and his article puts the review in context.  Yrstrly is actually quoted briefly in the piece, but I prefer this quote from my colleagues at Scottish PEN:

We’re not just campaigning on this to plug a loophole – we’re trying to put in place a structure that supports a healthier media landscape in Scotland.

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Dear Lord King: Ludditry is not cool, it's dangerous

Oh! This puts me in such a bad mood.
https://twitter.com/jjvincent/status/560082501075742721
Lord King is author of amendments tabled last week to the Counter Terrorism and Security Bill. They would have granted the government surveillance powers without proper checks and balances. Arguing in favour of the changes, Lord King admitted he did not use social media and did not understand apps like WhatsApp or SnapChat. Continue reading

The #Sunifesto is confused about free speech

We’re 100 days out from the election, and the Sun has launched a manifesto – a #Sunifesto – for Britain.
Their last bullet point is about free speech. Incredibly, this is not about press regulation, the harmonisation of our libel laws, extremism ‘banning’ orders or police abuse of RIPA to track down whistleblowers. This is odd because The Sun is at the heart of all these issues.
Instead, it’s about the dangers of Twitter mobs.

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The paper complains about the police “wrongly” acting against those who have caused offence. “Unless it’s illegal, it’s NOT police business”.
The problem with this is that causing offence is illegal. Section 127 of the Communications Act 2003 expressly criminalises ‘grossly offensive’ messages. And of course, what constitutes gross offence is in the eye of the beholder. So the highly subjective test in the law enables and encourages abuse.
The Sun blames political correctness for this and implores us to #forgawsakegrowapair. But it’s not political correctness that causes the mischief here. The principle of free speech permits not only the right to offend, but the right to say that you have been offended, even on Twitter. For many people it takes courage to speak out and tell a powerful newspaper columnist that they’re being crass and prejudiced. For many, politically correct fury is indeed “growing a pair” (we’ll ignore the sexist overtones of that phrase for now).
Appallingly, people in the UK are given prison sentences for making tasteless comments online. The Sun claims to stand up for Free Speech, but (as is perhaps inevitable, given the name of the paper) it’s a fair weather friend. Where was the Sun when Robert Riley and Jake Newsome were jailed for unpleasant social media postings?
For social media, the free speech policy must be reform of s.127. Free speech cannot just be for the newspapers. It must be for the Tweeters, too.

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