Public health and free speech

When should free expression be limited for the public good?

The Advertising Standards Authority (ASA) today expands its remit to cover use of websites.

Until now misleading advertisers could escape sanction if they used their own webpage for their claims and not, say, a billboard poster or a newspaper advert. Already those opposed to the making of misleading claims by alternative health practitioners -- the new Nightingale Collaboration, Le Canard Noir and Ministry of Truth, as well as many others -- are poised to launch complaints to stop internet-based quackery and its promotion of bogus treatments for which there is not a jot of evidence.

This expansion of the ASA's remit, announced last September, will bring welcome consistency to what was a muddled and potentially dangerous situation for consumers. However, the expansion also raises the general question as to what is the correct relationship between free speech and public health.

The successful defence by Simon Singh of the misconceived and illiberal libel claim brought by the now discredited British Chiropractic Association emphasised that it is important that those making claims for the efficacy of certain remedies should be open to criticism. A spate of similar libel claims over the period 2008-10 involving scientists and science writers triggered the popular and influential Keep Libel Out Of Science campaign by Sense About Science (of which I am on the advisory board). There is an overwhelming public interest in scientists and science writers being uninhibited in being able to question and expose shoddy claims. One hopes this is reflected in the impending draft libel reform bill.

Accordingly, the general principle appears to be that those who promote treatments should be regulated in what they can say, while those who criticise promotions of treatments should always be free from any legal restraints. The overall public interest is thereby served by certain "speech acts" being prohibited whilst others are protected.

However, this general principle does have unwelcome possible implications. There are individuals whose attacks on MMR vaccines or antiviral treatments for HIV seem to border on the criminally irresponsible, almost to the point of facilitating manslaughter. Surely there must be some legal remedy to prevent such dangerous "speech-acts" when those heeding the attacks may well die? Are these attacks not the modern equivalent of Oliver Wendell Holmes's old roasted chestnut of falsely shouting fire in a crowded theatre? Shouldn't "anti-vaxers" and "HIV denialists" be banned?

The problem here lies partly in rhetoric. The bare assertion of the general right to free speech to criticise any purported treatments can easily be exploited by the knave and the fool. Perhaps their abuse of free speech is a price worth paying for a liberal society; or perhaps there really should be some sort of a prohibition on their bad "speech acts" which does not affect good "speech acts".

Nonetheless, knaves and fools will no longer be able to make misleading advertising claims on their websites which they cannot in posters and newspaper adverts. This is surely a victory for the public interest over the misuse of advertising space by quacks and others.

But it remains less clear how laws and rules should, if at all, prevent the misuse of free expression in undermining highly-beneficial treatments. In these cases, is free speech more important than public health?

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.