Pupil Barrister

Tag: Human Rights (Page 30 of 40)

Wootton Bassett

Islam4UK want to march through Wooten Basset in a provocative protest against the British presence in Afghanistan. It is, as Dave Osler says on Liberal Conspiracy, a huge “headache” for the principled secular left who want defend free speech. Also at LibCon, Scepticisle points out that Anjem Choudry, who leads Islam4UK, is a “media troll” who is being deliberately provocative.  He wants to provoke a violent reaction, and the best course of action is to not give him one.  This means allowing the march to proceed, however offensive the message.  The small numbers it will attract will demonstrate just how fringe and ridiculous Choudry and his ideas actually are.
I’m surprised by the illiberal line taken by James Alexander at Progress:

This planned event will turn to violence and lead to a counter-response by the English Defence League. Then the BNP will begin to stir up divisions in the surrounding localities.
Even if you disagree with the actions of the brave soldiers who fight to protect British security, it is wrong to antagonise the families of the fallen. This is hateful and evil. I am writing to the Home Secretary, Alan Johnson MP, to call for Islam4UK to be also banned.

I don’t buy into the meme that a provocative march will necessarily be met with violence from outraged Britons.  Politicians and public figures should seize this as a ‘teaching moment’ and now use their influence to condemn in advance such actions, and inspire people to a more tolerant approach.  Gordon Brown has failed to do this so far.
Alexander’s Progress piece seems to have been seized upon by the sort of comments that one usually sees on tabloid comment boards.  I’ve just posted my own comment which sums up what I think:

I disagree with James Alexander … in suggesting that the Islam4UK march should be banned. That would be anti-free speech. If our troops are fighting for anything in Afghanistan, it is human rights, including the right to free expression (something sadly lacking in that country at the moment). The greatest tribute to our soldiers, living and fallen, would be to maintain our principles consistently at home and abroad: This means allowing the Islam4UK march.
The idea that the British people en mass cannot control themselves when confronted with a sorry band of Islamists is ridiculous and divisive. Locals and others who disagree with Islam4UK’s ridiculous ideas are perfectly capable of staging a bigger, peaceful counter-march, without any of the pathetic threats of violence that the other commenters here are so keen to see realised. It is this, and only this course of action that is consistent with the British spirit of tolerance and democracy. Progress members should be using their power and influence to bring this course of action about. Anything less is to sink towards the level of the fundamentalists.

Photo by Robin Hodson

A Wootten Basset memorial procession, 17th Nov 2009. Photo by Robin Hodson on Flickr.

Answering the McCann Question

Mark Pack asked me to write a guest piece for the Liberal Democrat Voice on Libel Reform. It was a good opportunity to dig a little deeper into the argument for reform, and rebutt one of the most common objections to making changes.


Free Speech is Not For SaleThe clamour for a change to our pernicious libel laws grows louder every day.  In November, Index on Censorship and English PEN published Free Speech is Not For Sale, a report into the state of libel in England & Wales, and the bizarre phenomenon of libel tourism.  Impressed by this report, Jack Straw announced the creation of a working group to deliver reform.  Lib Dem peer Lord Lester announced on the BBC Radio 4 PM programme he will begin drafting a libel bill, and MPs have begun to sign EDM 423 (tabled by Dr Evan Harris) which demands a libel overhaul.  High profile cases like the recent battle between Trafigura and the BBC, and the suing of cardiologist Peter Wilmshurst, have shown the general public what a blight on free speech our libel laws have become, and a petition for change is nearing ten thousand signatures (do sign it if you haven’t already).
Not everyone is convinced by the need for reform, however.  Some people resist the need for change, and it is up to campaigners to win the argument.  Since the Bournemouth conference made a brave manifesto commitment to libel reform in September, ‘campaigners’ now includes every Liberal Democrat party activist.  Liberal Democrat Voice is the ideal place to explore the sticking points of this debate a little more deeply. Continue reading

Counterpoint: In praise of 100px Campaigns

Neda Agha-Soltan

Neda Agha-Soltan, martyr of the 2009 uprisings


Me, earlier:

And as for Twibbons?  This innovation seems to me to be a hugely reductive exercise, shrinking political debate to a space 100 pixels wide.

I can’t really let this stand without relaying an exchange I had a couple of weeks ago.

Interesting: now @doctorow has changed his avatar, only one of my followers retains a green #IranElection picture.
yrstrly, 4th Dec, 7pm:
SHAME! Go GREEN Again! http://iran.greenthumbnails.com/
@JoanneMichele, 7:03pm
Thing is @JoanneMichele @lissnup I’m not sure it matters. Would the green avatar thing raise MORE awareness on Twitter now? I doubt it.
Yrstrly, 7:45pm
when it’s a rough day & I look at my tweetdeck & its filled w/ green …it matters @lissnup
@JoanneMichele, 8:14pm
It really matters. So many ppl in Iran see Twitter, see green avatars, draw comfort & strength #Iranelection
@lissnup 8:15pm

So, let’s not underestimate the power of solidarity as a campaign weapon. If we are reluctant to actually take to the rooftops and shout, then there is some virtue in the little gestures that pep up those on the front line.
I think this was a central purpose of 64forSuu.org too. Yes, it was “all about the hashtag” but we hope the outpouring of solidarity would have provided some comfort during a particularly dark moment.

So, We Can Engineer a Mass Movement to Hack the Christmas Pop Charts, but We Can't Agree on a Global Climate Change Treaty?

The schadenfreude becomes stale quite quickly, doesn’t it? No sooner had the whoops of glee at Simon Cowell’s failure to reach the Christmas Number 1 spot for the fifth consecutive year, and the many ironies of the Rage Against the Machine campaign were clear for all to see.  First amongst these is the fact that R.A.t.M.’s angry Killing in the Name and Joe McElderry’s saccharine version of The Climb were Sony Music records:  Joe is on Simco Records (i.e. Simon Cowell) “under exclusive licence to Sony Music Entertainment UK Ltd” while Rage Against The Machine’s label is Epic, a subsidiary of Sony.
The campaign put a small dent into Simon Cowell’s sales figures.  Last year, Alexandra Burke’s Hallelujah sold 576,000 copies in the week before Christmas, while this year Joe McElderry only managed 450,000.  But this hardly suggests that Cowell’s business model is on the wane – Leon Jackson only sold 275,000 copies of his single, When You Believe in 2007.  Cowell knows that a bit of controversy is good for his bottom line.  He knows that the label ‘Christmas Number One’ is an entirely relative marketing concept anyway, and modern music history is littered with classic hits which never reached that false summit.
So although the Facebook campaigners for Rage Against the Machine were successful, I can’t help thinking that there is something confused about the campaign and its aims.  They say:

… it’s given many others hope that the singles chart really is for everybody in this country of all ages, shapes, and sizes…and maybe re-ignited many people’s passion for the humble old single as well as THAT excitement again in actually tuning in to the chart countdown on a Sunday.

In taking this line, the campaigners seem to be endorsing the Singles Chart as an appropriate indicator of good and popular music, when it is manifestly nothing of the sort.  Yes, they reclaimed the ‘excitement’ for a single week… but they did so with a seventeen year-old song which was chosen precisely for its contrast with its competitor.  That is entirely different from what the campaigners have nostalgia for – new music from good bands, battling it out.  Former chart battles were essentially a positive contest, with music fans buying their favourite record.  The 2009 campaign had an entirely negative “anyone by Cowell” message, which is unsustainable.

False Metrics

Modern internet campaigns often seem to fall into the trap of chasing targets based on false metrics. The campaign for Gary McKinnon (the computer hacker in danger of extradition to the US) seems to be a victim:

lets make #mckinnonmonday ‘trend’ – TWEET4GARY NOW !!! please tweet ALL #american friends and ask them to help #FREEGARY #garyMckinnon
– @cliffsul

The aim of #mckinnonmonday is to make Gary McKinnon trend #garymckinnon Pls RT
– @dandelion101

Shouldn’t the aim be to generate anger and interest in the Gary McKinnon story? How helpful is all the constant RT’ing if it doesn’t translate to bodies at the protest, letters in the politician’s in-tray.
And it is not just impoverished grassroots campaigners falling into this trap, either.  Here is a recent tweet from a Cabinet Minister:

Support #welovetheNHS, add a #twibbon to your avatar now! – https://twibbon.com/support/welovetheNHS

Admittedly, sending the tweet is hardly a burden on Mr Milband’s resources, but its odd and disturbing that politicians and political campaigns have started to relate to us in this way.  The idea that the NHS is something to love is presumed, and the campaign becomes about forming a huge group of people around a slogan for a fleeting moment only.  Did anyone capture the e-mail addresses of those who tweeted #welovetheNHS?  If not then it seems like a wasted moment.
And as for Twibbons?  This innovation seems to me to be a hugely reductive exercise, shrinking political debate to a space 100 pixels wide.
Now, lest you assume I am engaging in pure snark, I should point out that I am as guilty of this hashtag chasing as the next person – perhaps more so.  I helped the Burma Campaign devise their 64forSuu.org project, which was, frankly, all about the hashtag.  And only today I’ve written a press release lauding the fact that PEN‘s Libel Reform petition has just reached 10,000 signatures, a figure that will something only if it serves to light a fire under either Jack Straw or Dominic Grieve.
Its very easy to raise ‘awareness’ of any given issue, but that’s not the same thing as establishing a consensus that what you are proposing is right.  And in turn, that is not the same thing as actually motivating people to action.  It would be a great shame if “taking action” became synonymous with simply sharing links and joining endless Facebook groups, because when that “action” fails to translate into meaningful change, we will only find that another generation have been turned off politics, disillusioned.   The Obama campaign has been criticised recently for its rather top-down approach to twitter, which didn’t really engage in conversation with supporters.  But nevertheless, he actually inspired people out of their houses and into the campaign HQs.  Did some of us think that Twitter could start a revolution in Iran?  Not quite (as Jay Rosen points out).  While the #IranElection tag on Twitter has been a useful tool for the protesters and for those reporting on the crisis it is clearly the people on the ground that will really put that regime under pressure (and we hope that the passing of Ayatollah Hoseyn Ali Montazeri will provide inspiration to renew that pressure).
All of which is to say that George Monbiot’s sanctimonious article this morning had the ring of truth about it:

For the past few years good, liberal, compassionate people – the kind who read the Guardian – have shaken their heads and tutted and wondered why someone doesn’t do something. Yet the number taking action has been pathetic. Demonstrations which should have brought millions on to the streets have struggled to mobilise a few thousand. As a result the political cost of the failure at Copenhagen is zero. Where are you?

We’ve been tweeting #hashtags and adding #twibbons to our avatar, George.  Get with the programme, yeah?

Arguing Libel Reform in the Solictiors Journal

I have an article in this week’s Solictiors Journal, calling for whole-scale reform of libel law.  In making my case, I find common ground with Nigel Tait of Carter Ruck:

Speaking at an English PEN event on libel, he [Tait] admitted that some proposals for change filled him with “fear and dread”, but he welcomed the idea of a libel tribunal as an alternative to full trial.
“I actually like the idea of the tribunal, the fast track scheme,” said Tait. “If you’ve got it wrong, then… at least you can go to a tribunal and test it. And we would have lots and lots of cases going through our system, instead of the five or six a year which we have at present.” Tait’s firm is often criticised by free speech campaigners, but here we are in agreement: it is surely better to fight libel cases based on truth and meaning, rather than on which side has the most money.

Mine is the first half of a point-counterpoint editoral feature.  Rod Dadak of Lewis Silkin LLP provides the alternative argument, saying that effective case management is a more effective route to reform.

The proposals made in the Index/PEN report, which include a radical change of our libel laws, are inappropriate and wholly unnecessary. They would seriously impact on the rights of a libel victim to seek vindication and compensation. Freedom of expression has to be balanced with their rights to have their reputation protected: a responsible media have nothing to fear from our existing libel laws. That said, there is iniquity and abuse in respect of costs and also jurisdiction shopping. It must be addressed. Neither the media nor the claimant should hold all the cards, but Index/PEN are over-egging the argument for reform.

Wholesale change is not the solution, effective case management is.

What is encouraging about this, is that at least Mr Dadak acknowledges the problem.  ‘Jurisdiction shopping’ is what is also known as ‘Libel Tourism’, and the issue of spiralling costs is a major obstacle to journalists defending themselves, as the BBC proved earlier this week when it conceded defeat in its legal tussle with Trafigura, over a report on Newsnight about the company’s toxic waste dumping in the Ivory Coast.
I think my reponse to Mr Dadak would be:  If effective case management is the answer, then why isn’t it being done already?  It is not as if the problem with UK libel laws is a new one:  I know Geoffrey Robertson and Anthony Lester, two human rights QC’s who work closely with PEN, have been complaining about the iniquities of libel for literally decades.  I would say that it is precisely the failure of the courts to acknowledge the extent of the problem, that has inspired free speech campaigners are now turning to the politicians to sort out the problem.
Free Speech is Not For Sale

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