By Nick Cohen, The Observer,
We are in the middle of a liberal berserker, one of those demented
moments when "progressives" run riot and smash the liberties they are
meant to defend. Inspired by Lord Justice Leveson, they are prepared in
Parliament tomorrow to sacrifice freedom of speech, freedom of the press
and fair trials. They are prepared to allow every oppressive
dictatorship on the planet to say: "We're only following the British
example" when outsiders and their own wretched citizens protest.
Try
warning them that one day they and this country will regret their
hooliganism and they reply in the sing-song voice of a child in a
playground: "Well, that's what Murdoch and Dacre want you to
say." It's no good pointing out that Murdoch and Dacre are tired old men
from a dying newspaper industry and they will not be keeping us company
for much longer. Nor can you quote Orwell's words to the effect that
just because a rightwing newspaper says something does not mean it is
wrong.
Nothing works.
The Labour
and Liberal Democrat parties are custodians of the best of Britain's
radical traditions: the traditions not only of Orwell, but of John
Milton, John Stuart Mill and the men and women who struggled against the
Stamp Acts and the blasphemy and seditious libel laws. Their successors
are not worthy to follow in their footsteps. For the sake of a brief
partisan victory, for the chance to shout: "Yah boo sucks" at the hated
tabloids, they are inviting political regulation of the press at a time
when the web revolution allows not only newspapers but also large blogs
and the websites of campaign groups to be "significant news publishers",
to use the ominously vague phrase Labour and the Liberal Democrats are offering to the Commons tomorrow.
You
can see the falling away from fundamental principles in the
degeneration of Hacked Off. This once worthy organisation began by
making the sensible point that compliant police officers were allowing
reporters and editors to escape justice. Now, police have arrested more
than 60 journalists, so many that London is running out of specialist
solicitors who can represent them. Instead of maintaining the principle
of one law for all, Hacked Off and its supporters want a special press
law, even though no one can define what "the press" is any longer.
I worked with Brian Cathcart when he was a priggish, lower-middle manager on the Independent on Sunday.
He moved on to become a journalism lecturer at Kingston University and I
hoped he might find happiness there. I never suspected that he would
turn into a suburban Mussolini and warn that Hacked Off will bring
parliamentary business to a halt unless its demands are met.
If you think that comparison is harsh, look at the Hacked Off website.
It has no democratic structures, no means by which its supporters can
hold the hierarchy to account. It is not only Cathcart who has lost his
bearings in this heady atmosphere. I admired his Hacked Off colleague
Evan Harris when he was a Liberal Democrat MP and we shared platforms to
argue for libel reform. My respect went after he and Hacked Off refused
to protest as the Labour and Liberal Democrat parties decided that if
the price of pushing Leveson through was killing Harris's libel reform
baby, they would pay it.
Speaking of murdered infants, Hugh Grant
dismissed those who warned him "not to throw the baby out with the bath
water" with one of his celebrated shrugs. "I have always said I don't
think it is that difficult to tell what is bath water and what is a
baby," he said. "To most people, it is pretty obvious." It does not seem
so obvious today and libel reform is not the only screaming child
hurtling headfirst towards the pavement.
There is nothing wrong
with an arbitration service to settle disputes about contentious speech.
But a compulsory arbitration service is an oxymoron. It is state
licensing of publishing. Leveson wants that but never dared say so
because every autocratic regime since the invention of movable type has
wanted it too. Instead, Leveson said that publishers that do not
register with his quango would face exemplary damages in the courts if
they lost. The Labour party wants to say that even if a publisher is
successful in court it will have to pay "all the costs of proceedings".
Even if you win, you lose.
Think of that and then think of the web
revolution. I hope you can remember it, because it seems to have passed
the learned Lord Justice Leveson by. To take an example from the last
decade, Teodorin Nguema Obiang Mangue, son of Teodoro Obiang Nguema Mbasogo, the president of Equatorial Guinea, sued Global Witness for
running an investigative piece on its website into his family's lavish
corruption. Could it face exemplary damages now? Leftwing blogs such as Left Foot Forward or their rightwing counterparts such as Conservative Home are as much news producers as the Observer – will they face them?
Lord
Lester, who can often seem like the last liberal in England, says that
the common law allows exemplary damages only in extraordinary
circumstances. If they became a routine punishment to coerce writers
into accepting state regulation, they would breach the commitment to
fair trials in the Human Rights Act. So there goes another baby.
Incidentally,
when Leveson started musing aloud about coercing compliance, it was not
some knicker-sniffing tabloid he had in mind but Private Eye,
one of the last homes of investigative journalism that's left. He
followed up on that sinister performance by recommending that Parliament
should allow the police access to journalists' sources at the earliest
opportunity, a measure that would terrify whistle-blowers and kill
investigative journalism stone dead – and, now I come to think of it,
more babies too. Index on Censorship, English
PEN and the Committee to Protect Journalists say that basic freedoms
are in danger. Like a blustering tabloid columnist, Hacked Off says they
are myth-making.
I bloody despair of the British liberal left
sometimes. Did you not notice that Leveson hurt no one in power? That he
didn't finish the career of Jeremy Hunt, even though the beggars in the
street suspected that he had broken ministerial guidelines? That he did
not lay a glove on David Cameron and that his criticism of Rupert
Murdoch was so polite it allowed News Corp to retain control of BSkyB?
Can you not see an establishment stitching up a winding sheet for our
freedoms in front of your very eyes? Or doesn't it bother you as long as
it upsets Paul Dacre?
Related Reading:
The Illiberal, Liberal Left Smashes Liberty In The UK
British Speech Nannies and the Respectable Tendency
For Whom Does The Bell of Freedom Toll? It Tolls For Thee
Beware of the New Elites
Will the Press Feel That It Can Ever Rely On Muffin Cameron Again?
Mayor Nutter, The First Amendment, Ant That "National Conversation on Race"
Question Time With Mo: Are Speech Codes Constitutional?
The Speech Police Eats Its Own
The Illiberal, Liberal Left Smashes Liberty In The UK
British Speech Nannies and the Respectable Tendency
For Whom Does The Bell of Freedom Toll? It Tolls For Thee
Beware of the New Elites
Will the Press Feel That It Can Ever Rely On Muffin Cameron Again?
Mayor Nutter, The First Amendment, Ant That "National Conversation on Race"
Question Time With Mo: Are Speech Codes Constitutional?
The Speech Police Eats Its Own
http://tinyurl.com/bm37pdm
No comments:
Post a Comment