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.
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.
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 “Quoted in the Guardian and the Bookseller discussing the ‘Lachaux’ case at the Supreme Court”
Wa Lone and Kyaw Soe Oo, the two Reuter’s journalists unjustly imprisoned in Myanmar, have been released.
I have written a short piece for the New Statesman, commenting on how presidential pardons do nothing to tackle the underlying injustice, and perpetuate the chill on freedom of expression.
Pardons have a particular place in judicial systems. There may be unusual circumstances where a person has indeed broken the law, but the sentence imposed is inappropriate. A pardon asserts that the conviction was correct, but alleviates the punishment.
That is wholly unsatisfactory in cases where the law has been abused, as it was in the case of Wa Lone and Kyaw Soe Oo. Although they are out of prison, there has been no acknowledgement by the state that the convictions were a clear miscarriage of justice. In fact, the pardon reasserts the just opposite – that there was nothing wrong with the imprisonment.
Read the whole thing on the New Statesman website. Continue reading “‘That Bastard Pardon’ –Writing on Myanmar Journalists for the New Statesman”
Nick Barley, director of the Edinburgh International Book Festival, has warned that the UK visa system alienates cultural visitors and is in dire need of an overhaul. In recent years, participants in the EIBF and other major UK festivals have had trouble getting permission to enter the UK – a huge freedom of expression issue for them, and for British audiences who have a right to hear them speak.
I’m also quoted in the piece, noting the many ways in which the UK visa system conspires to discourage cultural visitors.
“Here, I’ve noticed that the issue with visa refusals is not just the culture of ‘suspicion’ which leads to some authors and writers, usually young and usually from countries that are poor or which have security or human rights issues, being refused. The visa application system itself is too complex and it’s too easy to make a mistake or to provide incomplete information, which can also lead to a refusal. And the Home Office never provides any opportunity for the applicant to clarify or amend an application.”
He added: “The system is a combination of hostility and complexity that turns people off as well as turns people away. That this is a case is absolutely a political choice – yet another way in which antipathy towards immigration hurts British culture.”
The Upgrade podcast from Lifehacker recently asked “What Non-Kid Songs Do You Listen to With Your Kids?” and I sent them some commentary, based on my own personal experience. I’m pleased to say that my recommendation of ‘Karma Chameleon’ by Culture Club was included in the round-up!
You can listen to the episode via the player below, or on Apple Podcasts, Google Play, Spotify, iHeartRadio, Stitcher. My smirking voice (can voices smirk?) may be heard brielfy in the segment that starts at about 29 mins.
Continue reading “Recommending Non-Kids Songs for Kids on the Lifehacker Upgrade Podcast”
Jim Waterson of the Guardian reports a bizarre story of legal reputation managers at Schillings sending threatening letters to booksellers and independent book shops, in an effort to stop them stocking a book about an (allegedly) corrupt banker.
I’m quoted near the end of the story, expressing my dismay:
Robert Sharp of English PEN, the free speech campaign group that co-founded the Libel Reform Campaign, said the decision by Low’s lawyers to target booksellerswas deeply worrying. “This is surprising, concerning and sets a terrible precedent,” he said. He argued that by focussing on the synopses, “the effect of these legal letters is to short-circuit the legal process, by putting booksellers in an impossible position”.
Continue reading “‘Surprising and concerning’ – Quoted in the Guardian, discussing legal threats to book sellers”
On Tuesday 11th September, Lucy Powell MP introduced the Online Forums Bill to Parliament. It was a ‘Ten Minute Rule Bill’, a mechanism by which opposition and backbench members of parliament can introduce legislation. The text of Ms Powell’s speech may be found in Hansard and there is a video on Parliament.tv.
The speech makes some challenging points. How is it that Facebook groups can grow to tens of thousands of people in secret, with no oversight or scrutiny? One such group, which discussed autism, recommended that parents give their kids ‘bleach enemas’ to cure the condition.
Powell also points out that members of these groups often feel too intimidated to speak out against the most vocal and radical members of the group. This shifts the dynamics of such groups to ever more extreme positions, and is a very particular free speech issue in itself.
The bill proposes that online forum operators like Facebook be forced to take greater responsibility for what is published on their platforms. Just after the parliamentary debate concluded, I was invited onto Sky News to discuss the proposals. The segment can be viewed below or on YouTube. Continue reading “Discussing the Online Forums Bill on Sky News”
This week, two Reuters journalists working in Myanmar were found guilty of breaking official secrets laws and sentenced to seven years in prison. Officials from the British Embassy in Yangon attended the trial and report that there was scant evidence that Wa Lone and Kyaw Soe Oo had done anything wrong. They have clearly been imprisioned as a means of silencing their reporting on the Rohingya crisis.
I wrote about the convictions, and how (I think) the campaign for their release should be run, in an article for the New Statesman.
A frustrating fact about human rights campaigning is that the release of a celebrated political prisoner usually happens not because the law is amended, but on the whim of an authoritarian politician. The power to arbitrarily censor is retained, and anxiety remains among activists and journalists, over what can and cannot be said. Fear and self-censorship persists, and tragically, many other people remain in prison. Presidential pardons rarely extend to equally deserving prisoners who have less of an international profile.
Read the whole thing on the New Statesman website.
Continue reading “New Statesman: We mustn’t let the news cycle forget the Reuters journalists locked up in Myanmar”
Last week I posted a quote from Dr Alex Mills of University College London, on Facebook’s woefully inadequate Terms & Conditions that related to defamation. That was drawn from a panel discussion I participated in on 22 March 2018 hosted by UCL’s Institute of Advanced Studies, entitled ‘Defamation – A Roundtable on Lies and the Law‘.
Here again is the audio of the panel discussion, and for for completeness I have pasted my remarks below too. The other participants were by Dr Alex Mills (UCL Laws), Prof Rachael Mulheron (Queen Mary Law) and Dr Judith Townend (Sussex Law). The discussion was chaired by Harry Eccles-Williams, Associate at Mischon de Reya. Continue reading “My remarks at the UCL Institute for Advanced Studies round-table on ‘Lies and the Law’”
The propaganda website InfoWars has been banned from Facebook, the Apple iTunes podcasting platform, and Spotify. Most people have welcomed the fact that these technology companies have finally acted to enforce their own terms and conditions, though others (including, obviously, InfoWars itself) says that this is an infringement of free speech.
I was invited onto the BBC Victoria Derbyshire TV programme today to discuss the issue, alongside Karin Robinson from Democrats Abroad; and Neil Heslin, whose son was murdered at Sandy Hook Elementary School, and who has been taunted and harassed by the InfoWars website and its supporters. Continue reading “Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme”