Pupil Barrister

Tag: free speech (Page 43 of 47)

Pussy Riot: Beyond the Retweets

The sentencing of Pussy Riot for hooliganism happened late last week, when I was out of the office. Theirs is clearly and ’emblematic’ case for human rights groups and free speech organisations like English PEN. However, I do feel a subtle unease at the way in which the case is being reported and discussed in the media and online.
Two pieces of comment scratch the itch. First, Jonathan Heawood says “There’s more to protest that hitting retweet”:

But to pin the fate of Pussy Riot on to one man, as though Putin runs Russia single-handedly, is misleading. He runs a powerful machine, certainly, but there are millions of active cogs inside the Russian regime, and there are many other passive participants who are allowing this to happen. Once the silly season is over, the world will once again stand back as the state machine continues its relentless project to dismantle Russian democracy and civil liberties.
Who’s standing back, you say? We’ve sent literally loads of tweets about it. Some of us have even been to the Russian embassy to protest. How many of you? Oh, at least a hundred. Well congratulations to those who stood up to be counted, but where was everyone else?

This is a theme discussed regularly on this blog. Raising awareness is not the same as establishing consensus, much less provoking the mass movements required to force through positive change.
Jonathan ends the piece by applauding Madonna’s interest in the Pussy Riot case. However, Joshua Foust is less excited. He says that the focus on Pussy Riot actually detracts from the actual anti-democratic manœverings in Russia:

Magnitsky’s death prompted some wrangling in the US Congress, where a bill named after him now awaits enactment. But the many celebrities urging their fans to show concern about Pussy Riot, about Russian women, about the plight of Art, apparently don’t know about the many men, non-punk rockers, regular Russians who face far worse brutality and mistreatment by Putin’s government every day.
Raising the problem of this misplaced attention to spectacle on Twitter raised a number of complaints — namely, that any attention drawn to Putin’s abuses is good attention, regardless of detail (along with some particularly unpleasant comparisons of Pussy Riot to Nelson Mandela and Rosa Parks). This is wrong, however: focusing on the spectacle of Pussy Riot actually obscures from the real issues that prompted the Pussy Riot trial in the first place.

So: Emblematic cases are only useful ’emblems’ if they serve as a gateway to the wider context.
Finally, Rohan Jayaskera of Index on Censorship (the one stop shop for news on Pussy Riot) has a pertinent tweet:

More on Tom Daley and the Twitter Trolls

After viewing some of the responses to my article on Tom Daley and Twitter trolls, I have been thinking some more about this issue, and the wider problem of people posting offensive and threatening things online.
Many responders felt that I was too lenient on @Rileyy_69, when I said that “This appears to be the kind of outburst that is commonplace in a noisy, modern, and connected society.”
https://twitter.com/UrsulaWJ/status/230343421506768896
In their view, the level of abuse was not an ‘outburst’ as I put it, but something more sustained. The same person posted threatening videos on YouTube, and the invective he posted on twitter was not limited to the Daley tweets on the day in question. If this behaviour is systematic rather than a heat-of-the-moment slip of the finger, then it should be treated as threatening behaviour. Or so the argument goes. Continue reading

Involving the police is not the way to teach trolls a lesson


First published at the New Statesman, so add your comments there.  I will definitely post a follow up to this as lots of people have made very pertinent points about this whole shennanigans.
Another day, another Twitter controversy. Less than a week after Paul Chambers heard that the appeal against his conviction in the so-called Twitter joke trial had been upheld, we hear that the police have arrested another person for something written on Twitter.
The person arrested is a 17-year-old, who sent messages to the British Olympic diver Tom Daley. In one tweet, the troll said “u let ur dad down” and in another (later deleted) said that Daley should be drowned. It must be assumed that it is this language of violence which led to the arrest.
When it comes to the limits of free expression, context is important. The messages were deeply unpleasant, but did not appear to include any specifics. The teenager was in Plymouth, not in the Stratford Aquatics Centre. He did not call for others to take a specific action. This appears to be the kind of outburst that is commonplace in a noisy, modern, and connected society. The referees of every professional football match receive similar threats every weekend. Edwina Currie said that tax exiles should be shot. Jeremy Clarkson wants to murder the entire public sector. We often hear calls for bankers to be hanged. Outlawing this kind of speech might seem desirable in theory, but would be chaotic in practice.
The outrage against these tweets (and by extension, a justification for the police intervention) is that Tom Daley is a national treasure. This is true, but laws cannot only protect people we like – they need to work equally well for everyone. If another, less popular, athlete receives similar abuse, will there be similar outcry?
In fact, one could argue that death threats to public figures are less important than those directed at ordinary people. If a schoolboy living in one of the East London boroughs around the Olympic park receives a tweeted death threat today, it is likely to be from someone he knows and who he actually meets every day. This kind of bullying is much more serious that the “remote” trolling experienced by members of Team GB.
Daley, meanwhile, has a legion of supporters. He seems to be perfectly capable of dealing with trolls like this without the police being involved. His response to the unpleasant tweets was classy – he re-tweeted them! The troll then received a heavy social punishment – thousands of people wrote in solidarity with Daley. His antagonist was so humiliated that he later posted some gushing apologies. The storm should have ended there. What happens on Twitter, stays on Twitter. When confronted with offensive and threatening words, it is usually better to respond in the same medium. Fight a book with a book, a play with a play, a tweet with a tweet. Police involvement might teach that troll a lesson, but it also “chills” other people’s free expression. People have a right to be angry.
In the coming days, we may hear from a few luddites (almost certainly members of one or other of the Houses of Parliament) decry Twitter and the internet as somehow inspiring this hate. This is of course rubbish. Poor taste jokes and vocalised wishes that certain public figures should die horribly have always been a feature of discourse. Before, these comments were lost in the din of a crowded pub. Now, they find a kind of semi-permanence on Twitter, which gives them a credibility they do not deserve. However we respond to this new kind of speech, let’s not confuse the medium with the message.

Analogising Science in Political Debate

According to Sunny Hundal’s new web service Rippla, Joseph Harker’s Guardian article, about racism and the demonisation of communities, was the most shared article in the UK yesterday.
And quite right too.  It’s a truly sublime piece of analysis, comparing recent news sources, real demographic data, and an apt turn of phrase, to analyse the differing media coverage given to the same crimes, when committed by different perpetrators.  When Muslims are convicted of sex crimes, the stories receive much more attention than when generic white Englishmen are found to have done the same deed.  Worse, the actions of wayward Muslims are deemed to be somehow inspired by their culture.  This same extrapolation never happens for white people.
This article feels like the definitive statement on the issue of how the media treats minorities.  It raises its head in various guises all the time.  Like many people, I have been mulling it for years.  Back in 2003, when I was part of The LIP Magazine‘s editorial team, we published ‘Do You Belong To A Community?‘ by Aisha Phoenix which begins with a bite: “Whenever the media describes someone as coming from a ‘community’, you know they are not white.” Almost a decade later, and I see the same anxieties in this comment from the novelist Kamila Shamsie to the columnist David Aaronovich: “Could we have a moratorium on the phrase ‘Muslim leader’ please?”
Much rhetoric in politics is of a kind where the speaker (or writer) claims that his or her special interest group are being treated unfairly, and if they were of a different skin colour or religion (or whatever) they would be treated better.  This is often an incorrect assumption, which betrays a lack of understanding of the society in which we live.
Harker makes precisely this kind of argument in his article, too.  However, instead of making a vague assumption, the nature of the issue means he does have the ‘data’ to back up the rhetoric, and the article becomes akin to a scientific experiment.  Since the two prosecutions he examines are so similar, it is almost as if one is the control group for the other, in one of those attitude surveys invented by psychologists: Keep the details similar but change the ethnicity of the person, and see how attitudes change.
I would love to see other scientific analogies used in political discourse.  In particular, I yearn for an equivalent of dye tracing or radio-active marking when a controversy flares.  This would be very useful during some of the free speech arguments I follow, when some kind of institution has to decide whether to support or withdraw an offensive text, event or artwork.  It would be great to trace the decision-making process in such a way as to perceive the point where the support for the principle of free speech breaks down.  That would help us identify where these values should be reinforced.  Unfortunately, I cannot quite imagine how one might set the ‘tracer’ off… short of manufacturing an argument.  So, if Anjem Choudary is reading this, perhaps he would give me advanced warning of his next stunt?  Then I can track the reactions he provokes with academic precision.

#LibelReform: The Perils of An Inadequate Response

First posted on OpenDemocracy
The government has responded to grassroots pressure for libel reform, but its proposals do not go far enough towards genuinely safeguarding free speech on the internet and ensuring that powerful corporations cannot silence their critics.
During a panel event on Defamation Reform earlier this year, the lawyer Paul Tweed said that the recent focus on Libel Tourism was the result of “the most successful lobbying campaign since that conducted by the tobacco industry”.  Those of us at English PEN, Index on Censorship and Sense About Science who had done some of that lobbying gleefully re-tweeted Tweed’s back-handed compliment.
We’re lobbying for libel reform in the UK because we believe the law is not fit for purpose in the 21st Century.  The high cost of fighting an action in the High Court is coupled with a law that seems to prioritise reputation over free expression.  The truth of the matter and the harm caused are presumed in favour of the claimant.  And because the law has not been updated to reflect the invention of the Internet, each web-page is treated as a ‘publication’ as if it were a book printed in the country where it is read.  All this has created the phenomenon of Libel Tourism, where foreign libel claimants take advantage of the English Courts’ claimant-friendly jurisdiction.
Continue reading

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