Controversy at Amnesty

Martin Bright points us to the story of Gita Sahgal, head of the gender unit at Amnesty International’s international secretariat. Saghal raised concerns about Amnesty’s link to to Moazzem Begg of Cageprisoners, an organisation she feels carries a religious right agenda anathema to Amnesty’s.

In an email to her colleagues at Amnesty on January 30 she wrote:
“I believe the campaign fundamentally damages Amnesty International’s integrity and, more importantly, constitutes a threat to human rights. To be appearing on platforms with Britain’s most famous supporter of the Taliban, whom we treat as a human rights defender, is a gross error of judgment.”

Saghal has now been suspended, pending an internal investigation by Amnesty.

You can read her statement here.

You can read Amnesty’s statement here.

In an interesting twist, Begg is now threatening to refer the Sunday Times journalist who originally wrote about Saghal’s concerns, to the Press Complaints Commission.

More to follow as the story develops.

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Trouble in the Blog O’Sphere

It all began innocently enough: just before Christmas, Sunday Times journalist John Burns wrote a piece lamenting the shortcomings of blogging in Ireland. Leading bloggers naturally begged to differ.

A month later, the spat was picked up by Trevor Butterworth writing on Forbes.com, who noted that “it’s hard to think of a free country more suited to blogging than Ireland”. By the same token, it’s at least as hard to think of a country more given to litigation; and the point was illustrated by a story retailed almost en passant in Butterworth’s piece:

As one journalist told me, Ireland’s media is currently abuzz over a “confidential” legal settlement against a blogger, who allegedly had to pay almost $140,000 in damages for a libelous post, seen by few, swiftly purged from the site, and readily apologized for.

This was intriguing. By the end of the week, John Burns in the Sunday Times had the
full story
:

A blogger has agreed a €100,000 settlement after libelling Niall Ó Donnchú, a senior civil servant, and his girlfriend Laura Barnes. It is the first time in Ireland that defamatory material on a blog has resulted in a pay-out. … In December 1, 2006, a blogger who styles himself as Ardmayle posted a comment about the couple … Following a legal complaint, he took down the blog and in February 2007 he posted an apology which had been supplied by Ó Donnchú’s and Barnes’ lawyer … However, the pair subsequently issued separate proceedings. It is understood that the €100,000 settlement was agreed shortly before the case was due before the High Court.

Indeed, there had been quite a detailed report at the time in the Sunday Independent; and in the last week, many blogs have pored over the story.

There’s nothing new in online defamation; the same basic legal principles apply online as they do offline; the medium may change, but the legal consequences of the message remain the same. But the story does raise some interesting legal issues. Mark Coughlan on TheStory.ie pointed out that, before the storm blew up this week, Ardmayle had been “little known, to say the least”, and he quite rightly queried the actual damage the blog had done to the plaintiff’s reputations. UCD law lecturer TJ McIntyre picked
up that point
:

The level of damages in defamation reflects the extent of publication — i.e. the extent to which the defamatory material was actually read. This is not (despite the best efforts of plaintiffs’ lawyers) the same as the extent to which it might have been read. Consequently (leaving aside other factors such as the gravity of the allegations) damages should be greatly reduced where the audience can be shown to be negligible. Potential readability worldwide notwithstanding.

For him, therefore, the case highlights the importance of keeping good server logs to counter the all-too-easy assumption that “availability online automatically equals a mass audience”.

Ireland’s libel laws have recently been overhauled by the Defamation Act, 2009, which came into force on 1 January this year. Section 31(4) provides that the court in a defamation action shall have regard to a range of factors in making an award of general damages, including:

(b) the means of publication of the defamatory statement including the enduring nature of those means,
(c) the extent to which the defamatory statement was circulated, … [and]
(f) the importance to the plaintiff of his or her reputation in the eyes of particular or all recipients of the defamatory statement …

These considerations tend to reinforce TJ’s point about the importance of keeping good server logs. It is hard to tell from the reports whether any of the Act’s defences might have been available to the blogger, though the new defence of fair and reasonable publication on a matter of public interest, whilst hobbled, may have done.

The Act is a welcome, but incomplete, reform — incomplete not least because it takes little account of the increasing trend towards online communication. In particular, it does not attempt to achieve inter-operability between its restatement of the traditional defence of innocent publication and the defence provided to intermediary service providers by the implementation of the E-Commerce Directive.

Finally, there are questions of the compatibility of this kind of outcome with the free speech provisions of the Irish Constitution and of the European Convention on Human Rights. There are, in particular, emerging arguments that various European Courts have clearly moved to grant traditional press freedoms not only to traditional media but also to online actors such as bloggers engaged in “the creation of forums for public debate”.

This might not have protected Ardmayle’s obscure blog, but if — contrary to the views John Burns expressed in the article at this beginning of this post — the Blog O’Sphere continues to develop as a vibrant forums for public debate, then future bloggers in Ardmayle’s shoes may be able to rely on the Constitution and the Convention. Until then, we will all have to tread softly.

Dr Eoin O’Dell is a Fellow and Senior Lecturer in Law in Trinity College Dublin; he blogs at Cearta

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Max Mosley argues for a ‘right to notification’

On this morning’s Today programme former Formula 1 boss Max Mosley reiterated his call for individuals to have a “right to notification” before newspapers published allegations about their private lives.  It was a fascinating interview, and well worth a listen here.

Mr Mosley, who won £60,000 in damages from the News of the World after it alleged he had been involved in a “Nazi orgy” is to deliver a speech on whether the press should be allowed to publish details of a public figure’s private life.

Interviewed by Today presenter John Humphrys, Mr Mosley said that individuals should have a “right to notification” before any allegations are printed about them. “so that if you wish you can go to a judge and if you can convince the judge he’d stop publication”.

Mosley added that he felt there was “no public interest” in the John Terry case. Mosley will be debating this issue tomorrow evening at an event titled Gagging the press: Is the public bound to suffer?. The discussion will be chaired by  Lord Justice Moses. Other speakers include Guardian editor Alan Rusbridger and Index on Censorship trustee Sir Ken Macdonald QC.

Mosley’s proposal raise some interesting questions about the right of reply, legal fees etc,  which we will be back to discuss later.

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Question time for Bindel

Sometimes, arguments move on — and when they do, those who were once at the forefront of intellectual and political thought are left high and dry.

So it may be with Julie Bindel, and many of her supporters, who were outraged on Friday as a bunch of uppity “trannies” and advocates of other causes (from sex workers to gay rights) turned out variously to picket, leaflet and heckle her appearance on Queer Question Time at the Royal Vauxhall Tavern.

A great deal of hot air  has already been expended on this ruckus, so here are the edited highlights. Julie Bindel is controversial. To begin with she restricted herself to targets that fellow progressives agreed needed taking potshots and over the years she has been a staunch ally and campaigner on behalf of lesbians, gays, victims of domestic violence and trafficked women — amongst others.

Her influence for good cannot — should never — be discounted. However, to the dismay of some supporters, she has latterly turned her fire on those who might be considered her natural allies. Among other things, Bindel now says lesbianism is a lifestyle choicegay men have just as much male privilege as straight men; and most controversially — most damagingly, some would say— she has also become a flag carrier in the cause against the right of transsexuals to exist, arguing publicly that “sex change surgery is modern-day aversion therapy treatment for homosexuals“.

That is radical stuff: it is also dangerous stuff in a world where cuts in public services are on the cards, tough choices need to be taken, and the next government is likely to be looking round for places where they can swing the axe with little fear of recrimination. Populist cuts, in this context, could spell the death knell — literally — for some transsexuals, as one of the key reasons that gender re-assignment is catered for by the NHS is the serious psychological trauma suffered by those forced to continue in a gender that is simply wrong for them.

Which brings us back to Queer Question Time. The venue is a place usually considered one of the safest “queer” venues in London: organisers of the demo against Julie Bindel claim that their intention was never to argue “no platform” — but rather to protest the insensitivity of inviting someone who denied their very existence into what had previously felt like their home.
The demo passed relatively peaceably: events inside rapidly descended into farce, as it seems that the event organisers had courted controversy — but not prepared themselves for its arrival.

Heckling — on behalf of many causes — rapidly turned vicious, and much interesting debate was drowned out and derailed.

The Guardian, which has in the past been accused of acting as house magazine for the Bindelite strand of feminist thought turned out Bea Campbell on Sunday to defend Ms Bindel against those who were being nasty to her — and to conflate the events at the Royal Tavern with a recent decision by NUS Women’s Conference not to share a platform with her in future. This, in turn, set the phone wires buzzing, and another piece landed on the screens of puzzled readers on Monday morning, as blogger CL Minou turned out to argue against giving Bindel air space.

Should Ms Bindel be denied a platform? If one reads her own views on the topic, she sees this as a vicious and inexplicable ad feminam campaign against her. In exchanges — on Facebook — with one of the demo organisers, she appears genuinely outraged that she, a “lesbian feminist jewish woman” should be accused of being partly responsible for the deaths of transwomen.

On the other hand, arguing against the right of a group to be recognised — to exist —goes beyond commentary that can be put down to a “just a difference of opinion”. Bindel’s Facebook comment typifies a certain strand of gender and sexual politics  and it may sound the death knell for her position at the forefront of that movement.

It is known as the “hierarchy of oppressions” and is the bad joke that sits at the heart of New Labour thinking on equality: the idea that certain groups and minorities are oppressed and others are oppressors — as opposed to a broader Human Rights approach that simply condemns oppression and discrimination wherever it rears its head. As one academic put it: “Equality is the framework that makes discrimination possible”.

Feminist academic Alexandra Dymock — reacting angrily to the Bindel-centred fuss —  wrote this weekend: “Ask your average feminist working in academia whose research has been systematically ignored or refused funding by Labour in favour of the socially conservative spin Bindel and co spit out that happens to back their policy plans up and they’re enraged and disillusioned. It also allows the general populace to dismiss any potentially progressive thinking about gender equality upon the logic that feminism means ‘female advancement’.”

For now, the argument is about whether an old guard feminist should still be allowed the space to speak – though through the traditional left-wing media, she still has a pretty powerful platform. The real story may be that this confrontation with the trans community may be the beginning of the end.

Ideas that were once radical are becoming more mainstream: and a new, queer, non-heteronormative debate is breaking out around sexuality and gender. Its out of the box — and won’t go back inside, no matter how hard its opponents push.

Jane Fae also writes as John Ozimek: her blog may be found at janefae.wordpress.com

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Could Trafigura and Terry signal the demise of the superinjunction?

This article first appeared in Media Guardian

John Terry dumping toxic waste?” went one of the many wisecracks circulating on the internet after it was revealed that the Chelsea and England captain had failed in an attempt to gag reporting of his personal life. Until the widespread uproar over Trafigura’s attempt to gag pretty much everybody last year, few people knew about superinjunctions. In fact, we still don’t. At a meeting of parliament’s joint committee on human rights last year, politicians asked the assembled journalists, lawyers and human rights workers how widespread the problem was.

How could we possibly know, given that neither the courts nor any public office keeps records? We can ask individual media organisations how many injunctions they labour under, but because they can’t tell us what the injunctions concern, we can’t collate accurately without risk of duplication in the figures. The best-educated estimates put the number somewhere between 200 and 300 superinjunctions at any one time in the UK.

It is a measure of how deeply the Trafigura fiasco affected the public psyche that much of the anger (and humour) directed at Terry online on Twitter and other social networks concerned his legal representatives Schillings’ use of a superinjunction, rather than his alleged extra-curricular activities.

But was Terry right to claim (anonymously, it turns out) that his Article 8 right to “respect for his private and family life” would be breached by publication of these allegations about this private life? One could argue that no one’s sex life should be subject to such scrutiny. But there is clearly an element of public interest when the England football captain is alleged to have been up to no good, especially one who was voted “dad of the year” by one poll last year. That said, Mr Justice Tugendhat did not straightforwardly rule that Terry’s right to privacy is trumped by the public’s right to know. He made it clear that “intrusive” material would potentially be subject to an injunction.

The judgment is not in the same vein as Lord Woolf’s in the case of the footballer Garry Flitcroft in 2002. The then Blackburn Rovers captain attempted to stop the People reporting on his extra-marital affairs with a nursery teacher and lap dancer. In a court of appeal ruling, Woolf declared that the prohibition represented an “unjustified interference” in press freedom. While this was seen by many as setting a precedent, Friday’s ruling follows a line defined by Mr Justice Eady in the case of X v Persons Unknown, where it was stated that some aspects of people’s lives are “naturally accessible to outsiders”. In other words, perhaps, some people know, and eventually more will know, so is there any justification in attempting to stop people knowing through legal means?

Tugendhat also stated that “in the language of defamation, the information would be capable of lowering [Terry] in the estimation of right-thinking members of society generally”. He was right to extrapolate that this alone is not enough to block publication, but the mention of libel points to something darker.

Article 8 of the European Convention on Human Rights enshrines the right to privacy. But Index on Censorship is concerned that this right is increasingly used as a pre-emptive alternative to a defamation suit. In some ways, a superinjunction works better than a libel suit: after all, in libel cases, the allegations must be published first, and there is a chance (though only slight) that the litigant may actually lose.

Meanwhile, ever more bizarre decisions are made: in France, Roman Polanski recently won damages in a Paris court after a picture of his wife, the actor Emmanuelle Seigner, was published. This may not seem unusual, but the picture published in Voici magazine merely showed Seigner walking in the street. The European Court of Human Rights set a precedent in 2004, when Princess Caroline of Monaco established that the publication of pictures of her grocery shopping was a breach of her right to privacy.

The increasingly aggressive pursuit of privacy actions is often an attempt to entirely dictate what is published about a person (or in the case of Trafigura, a corporation). Friday’s ruling, combined with Trafigura’s epic failure to suppress information, suggests that courts may be less willing to issue such injunctions in future. And perhaps sensible solicitors will be less willing to seek them.

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Dig deep for Wikileaks

This blog was originally posted at Comment is free

Wikileaks, the whistleblowers’ home, has been temporarily shut down while its management tries to raise funds.

Its tremendous success has meant the site has often struggled under the volume of users. It has faced down governments, investment banks and the famously litigious Church of Scientology but paying its operating costs (circa $600,000) has proved its undoing. As of today instead of reading government secrets and details of corporate malfeasance all visitors to the site will see is an appeal for cash. Anyone who cares about freedom of expression should dig deep.

Wikileaks, with its simple “keep the bastards honest” ethos, aims to discourage unethical behaviour by airing governments’ and corporations’ dirty laundry in public, putting their secrets out there in the public realm. The site won Index on Censorship’s 2008 freedom of expression award because it’s an invaluable resource for anonymous whistleblowers and investigative journalists.

Among Wikileaks’ recent triumphs are its publication of top-secret internet censorship lists. The blacklists from Australia, Thailand, Denmark and Norway demonstrate exactly how censorship systems are abused to suppress free expression. The Thai list featured sites criticising the country’s royal family and the Australian blacklist turned out to include a school canteen consultancy. Despite its child porn mandate, less than half of the Australian blacklist were linked to paedophilia. Also on the list were satanic and fetish sites, anti-abortion websites, and sites belonging to a kennel operator and a dentist. Publication highlighted the lack of transparency in the process and gave impetus to the “No Clean Feed” campaign which opposes the Australian government’s internet filter proposals.

But Wikileaks is not just a tool for journalists, it allows ordinary Kenyans to read a confidential report detailing the billions their former president allegedly siphoned from the country’s coffers. Its repository includes controversial military documents including the US rules of engagement in Iraq and an operating manual issued to army officers in Guantánamo Bay. It has put corporations on notice that the costs of unethical behaviour are immeasurable in PR terms because it amplifies the Streisand effect, the social media phenomenon that punishes those who use the courts to suppress or censor information, by ensuring it has a much wider reach.

Some have dismissed the site as a snooper’s charter. Many were outraged by its publication of Sarah Palin’s hacked emails which included private email addresses and Palin’s family photographs. These critics tended to overlook that the emails also provided clear evidence that Palin was using private email accounts for state business.

Wikileaks democratises news and information, allowing the public to access secret information that once would have been limited to the chateratti. Had the Trafigura case occurred five years earlier, most journalists would have been able to access the secret report at the heart of the case, but Wikileaks enables everyone to read it. The superinjunction taken out by Trafigura was so comprehensive that of 293 articles about the suppressed report, only 11 dared to link to it or told the public where they could access it. If Wikileaks didn’t exist, it is possible that Trafigura’s management may have clung to their injunction.

For fear of compromising its integrity Wikileaks doesn’t accept funding from corporations or governments. Instead, it relies on the public. If you want to read the exposés of the future, it’s time to chip in.

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Gaunty versus Ofcom

Jon Gaunt, host of the SunTalk online radio show, is not a man to shy away from controversy. The scourge of the “liberal nutters” of the Guardian and the Equlity and Human Rights Commission has turned to the courts to defend his human right to free expression.

Gaunt was censured by Ofcom after describing a guest on his previous show on TalkSport (who proposed banning smokers from adopting) as a “health Nazi”.

Supporting him are the liberal nutters of Liberty. Corrina Ferguson explains why over at Liberty Central:

Much as he once called [Liberty Director] Shami Chakrabarti a danger to this country, these verbal barbs pulled no punches and caused enough offence that members of the public were moved to complain.

It’s what happened next that Liberty takes issue with: Gaunt lost his job and the regulator upheld the complaints in full, thereby vindicating TalkSport’s decision to sack him. We say this is wrong and that free speech protections enshrined in the Human Rights Act must be held to apply.

There are of course limits on free speech and it would be nonsensical to protect absolutely one person’s right to speak freely when this would have a grave impact on the rights of others – incitement to murder being an obvious example.

But there is no right not to be offended.

Quite. Gaunt should be supported.

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The Times pays tribute to Baghdad fixer

‘Some saw a flash. All I saw were my things flying across the room’  ‘“Yasser” was the first thing that I heard Haider say. “Where is Yasser?” Haider and Yasser, two brothers, have worked for The Times since the invasion in 2003. I had sent Yasser on an errand and he was due back soon.’

No-one reading yesterday’s dispatch from The Times Baghdad bureau chief could have failed to get caught up in the search for Yasser. The paper’s driver was missing following a bomb blast in the Iraqi capital. When I opened my paper this morning it was the first story I looked for, but there was no happy ending.  Instead the papers editor, James Harding paid tribute to a brave and generous colleague.

The foreign editor Richard Beeston goes behind the story to explain the key role that fixers play in enabling Western news organisation to report the news. Beeston spotlights the “heroic service of a small, dedicated army of Iraqis — drivers, fixers and translators. With little or no experience of reporting, they are ready to risk their lives every day to get the news”.

Yasser was just one of 36  Iraqis killed and 80 wounded in the three co-ordinated bomb blasts in Baghdad on 25 January.  The New York Times At War blog also pays tribute.

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Why are West Yorkshire police harassing a blogger?

Seismic Shock, a Yorkshire-based student (real name Joseph Weissman) who received an alarming visit from local police late last year. Seismic, a Christian, had been heavily critical of Anglican vicar Stephen Sizer on his blog, alleging that Sizer associated with Holocaust deniers and anti-Semites.

On 29 November, he received a visit from local police, who advised him to remove certain posts from his blog. The police officers maintained that this was an “informal chat”, but the blogger, understandably intimidated, agreed to remove his original Blogger site, while maintaining his Wordpress blog.

Index on Censorship has made numerous attempts to contact West Yorkshire Police in order to clarify a) under what authority the blogger was visited by police and b) what potential breach of law had been commited by the blogger that warranted such a visit.

So far, no explanation has been offered.

Meanwhile, Stephen Sizer has seemingly been gloating about the visit on another site:

Index on Censorship will continue to demand a response from police.

UPDATE
: This just in: “A West Yorkshire Police spokesman said: “As a result of a report of harassment, which was referred to us by Surrey Police, two officers from West Yorkshire Police visited the author of the blog concerned. The feelings of the complainant were relayed to the author who voluntarily removed the blog. No formal action was taken.”

This begs a question; was any attempt made in the investigation to establish whether any material posted on Seismic Shock could conceivably be construed as harassment? And was any consideration given to free expression and critical debate?

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Liberty, if it means anything…

The emminently readable Jack of Kent blog marks the sixtieth anniversary of George Orwell’s death with some pertinent questions for any self-professing Orwell fan:

What habits of thought and language do you have which could lead to cruelty and abuse?

When do your purported progressive opinions slide into mere justifications for inhumane treatment?

Why, like Winston Smith, do you find O’Brien so attractive and want to believe in him?

Who, for you, is the Snowball or Goldstein that you always want to blame?

How do you seek to try and limit the vocabulary and free expression of those with whom you disagree?

Are you really intellectually and morally honest?

Read the rest here

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