The Defamation Act 2013: Complete & Unabridged

As is my wont, I made a book to illustrate this. Physical objects are useful props in debates like this: immediately illustrative, and useful to hang an argument and peoples’ attention on.

James Bridle is probably best known as the artist who first articulated ‘The New Aesthetic‘, but he has run many projects on books and technology. His project ‘The Iraq War‘ is a favourite of mine – the entire Wikipedia Edit History of the ‘Iraq War’ article, from 2005-2009, which stretches to twelve volumes. He’s also the creator of a Book of Tweets.
James’ projects are the inspiration of one of my own – The Defamation Act 2013: Complete & Unabridged. It collects together, in chronological order, every single parliamentary document published during the passage of the recent reform of our libel law. These include the various versions of the Bill (which I have previously published in a spliced together version, ‘Tracked Changes in the Defamation Bill‘), the parliamentary Hansard transcripts of the debates; and the amendment papers. Continue reading “The Defamation Act 2013: Complete & Unabridged”

Queen Elizabeth II did not approve the #EqualMarriage Bill


The #EqualMarriage timeline on Twitter is full of people praising Queen Elizabeth II for approving the Marriage (Same Sex Couples) Bill.  There is a strong sense of knowing irony steaming off those messages.  I feel that most of the people celebrating the new law think its rather ridiculous that the approval of the Monarch is still required.
What a relief, then, to learn that actually, Queen Elizabeth II did not formally approve the new law.  ‘Royal Assent’ is actually a procedural step in the House of Lords.  The monarch is invoked in the process, but she is not personally involved in the decision.  From the Wikipedia page:

The granting of the Royal Assent … is simply La Reyne le veult (the Queen wills it)

This matters, because we should recognise that this pro-family reform of the law is the work of Parliament and Democracy. It is not a gift to us from the Establishment.  It is not that ‘La Reyne’ or ‘Le Roy’ wills it… but that the people of the United Kingdom have willed it.  That’s important.
Benjamin Cohen, a long-term campaigner for the reform, has the right formulation:

A partial defence of Kiefer Sutherland's '24'

The conventional wisdom is that Kiefer Sutherland’s 24 is an apologia for torture, a cultural product of America’s post 9/11 crisis of confidence. It is produced by Fox, a media outlet not known for its liberal bias1.
Every week the show presents a new ‘ticking bomb’ dilemma for Sutherland’s character Jack Bauer. These scenarios properly belong in a university Ethics 101 seminar, not real life. Would you kill one person to save a hundred? Is torture justified if it yields information that saves lives? In Bauer’s world, the answer would always appear to be ‘yes’. He consistently chooses the path that saves more Americans in the aggregate, regardless of the law. And when he does so, he prevails. The people he tortures are always guilty and the confessions he extracts always yield useful information.
This is a 180° reversal of real life, of course. But by promoting the idea that the abolition of due process can be effective, 24 is propaganda for the abandonment of law and decency that characterised the Bush/Cheney administration. 24 skews public debate on such issues.
However, I have just watched Season 7. This block of episodes has a very different feel to the previous seasons. Terrorists still attack passenger aeroplanes, launch WMD, and attempt to assassinate the President. And Jack Bauer foils their plans on an hourly basis. However, this time the action has moved from decadent, decaying Los Angeles to Washington DC. This proximity to the institutions of State clearly inspire the supporting characters. As the action unfolds, Bauer is consistently harangued and brow-beaten over his actions by the people around him. FBI Special Agent Reneé Walker tries to play along with Bauer’s unconventional approach, and finds she does not have the stomach for it. Special Agent Larry Moss says “the rules are what make us better.” Back at the FBI HQ, the analysts complain about racially profiling suspects. In a key scene with a liberal Senator, Bauer is forced to entertain the notion that it is the rule of law that makes America, and that sometimes upholding The Constitution should take priority over saving lives. By the end of the series, Jack has accepted this argument.
Meanwhile, in the White House, POTUS Allison Taylor puts the responsibilities of her office over the unity of her family in a most dramatic fashion, following her head not her heart. The situations that she and Bauer encounter are no less preposterous than anything in the previous seasons… But at least in Series 7 the characters give proper weight to the importance of the law as they make their decisions.
24 Season 7 was made in 2008. You can tell it is the product of a different political wind. In an overt attempt to redeem itself after many years promoting a Manichean worldview, this series ensures that every Muslim character is wholly noble. As Bauer lies critically ill in a hospital bed, he even summons an Imam for spiritual guidance.
It is a shame that 24 took so long to put forward the view that it is the law that is at the heart of the American Way. It is a shame that it took the producers six seasons before they remembered that United States Presidents take an oath to defend the Constitution, not the people. Jack Bauer’s torturing ways are themselves an attack on American ideals, and it is a shame that this is only called out in Season 7.
But hey – at least the series does, finally, make that conceptual connection. Just as Jack Bauer repents his sins to the Imam, so 24 Season 7 feels like it too is asking for forgiveness.
Does the show deserve absolution? That all depends how Season 8 unfolds, and I haven’t watched that yet.



1. Yes, I do know that Fox also produces The Simpsons but that does not excuse Fox News.

Check your privilege: Whose free speech is it anyway?

Here’s an audio recording of my remarks at the ORGcon panel ‘The right to be offensive: free speech online’.

I saw this event as an opportunity to develop the discussion on offence and free speech that I had at the Liberty AGM panel last month.  There, the discussion about offensive words centred around ideas of blasphemy and obscenity, and the conclusion seemed to be ‘people need to have thicker skins.’  When it comes to the criticism and satire of religion or public figures, I agree with this sentiment.  But it is a weak and incomplete response to the hate speech and bullying.  An article by Helen Lewis at the New Statesman was fresh in my mind – a nasty culture of rape threats and racism seems to be evolving, and it is driving people offline.  This is also a free expression issue.
So free speech advocates are faced with a challenge.  If we campaign to esnure that offensive comments are legal and permitted in public and quasi-public fora like Twitter and Facebook, what do we do about the hate speech?  What do we do about the racist and sexist comments that discourage minority voices from participating in the discussion?  To expect these people to get a thicker skin and just shrug it off is a privileged attitude that prioritises the free speech of one group over another.
Human rights campaigners must come up with a solution that addresses hateful comments, but without recourse to law.  There may be technical solutions or behavioural remedies we can use to discourage the rape-threats and the sexism and the racism.  If liberal defenders of a free internet to do not address this problem, then populist politicians will seize the initiative and burden us with authoritarian speech laws.
Is online vigilantism the answer?   Can we not use our own right to free speech to shame the people posting the ugly comments?  Fellow pannellist David Allen Green was wary of ‘Twitter storms’, saying that they often result in someone in the storm calling the police.  He said that are unfocused and has previously likened them to an Orwellian Two-Minute Hate.   But perhaps a more surgical form of online counter-speech is the answer?  What would that look like, I wonder?
https://twitter.com/davidallengreen/status/277883863705985024

Enemies of the Internet

This week, Reporters Sans Frontiers published their 2013 Enemies of the Internet report.  It begins:

My computer was arrested before I was.“ This perceptive comment was made by a Syrian activist who had been arrested and tortured by the Assad regime. Caught by means of online surveillance, Karim Taymour told a Bloomberg journalist that, during interrogation, he was shown a stack of hundreds of pages of printouts of his Skype chats and files downloaded remotely from his computer hard drive. His torturers clearly knew as much as if they had been with him in his room, or more precisely, in his computer.

RSF names Bahrain, China, Iran, Syria and Vietnam as ‘State Enemies of the Internet’, the most prolific violators of online privacy.  But these countries do not design all their own surveillance technologies in-house.  Appallingly, it is US and Western European companies, including British firms, who create the tools these murderous regimes use to spy on their own people.  RSF names Amesys (France), Blue Coat (USA), Gamma International (UK, Germany), Hacking Team (Italy) and Trovicor (Germany) as corporate ‘Enemies of the Internet’.
These companies are emboldened in their dirty (but apparently, perfectly legal) work by the manoeverings by western Governments to seize greater control over the Internet.  The British Data Communications Bill, commonly known as the Snoopers Charter, proposed to give security agencies to monitor all e-mail and data communications.  For all those horrified at the abuse of online activists around the world, opposing the reintroduction of such legislation in our wn countries is a practical first step.
Read the full report ‘Enemies of the Internet 2013’ by Reporters Sans Froniers.