Who is using whom?

How social media can be exploited by mainstream media.

Back in October 2010, the Guardian website published a rather curious and precisely worded post stating it had been gagged from publishing a parliamentary question. Within minutes, Twitter users had decoded this cryptic piece and identified one of the parties involved as Trafigura.

What was perhaps most significant about this episode was not so much the industry and ingenuity of Twitter, but the lingering suspicion that the Guardian knew full well that this would happen. It appeared to me that the Guardian was having its cake and eating it: abiding by the terms of the injunction (as at least as contended by Trafigura's lawyers) but also ensuring that the information got out there all the same.

The publication of "superinjunction" tweets last week may be a similar sort of exercise. Of course, it may be possible that the tweets were put together by some media law enthusiast, based on public domain information, guesswork, and rumour. However, what is more likely is that they were published by someone within the mainstream media with the intention of the tweets "going viral" on Twitter.

If so, then it may not so much be an example of social media circumventing the jurisdiction of the courts as the mainstream media doing so at arm's length.

For all its merits, social media remains largely parasitical in its relationship with mainstream media, especially in respect of emerging legal news. In this case, it is difficult to conceive how Twitter users could have come across any of the alleged "superinjuctions" without someone in mainstream media first feeding in the required information.

It may well be that Twitter and other social media provide fundamental challenges to privacy and similar injunctions. That is certainly how some in both social media users and mainstream media would like it to be.

But it may also be the case that the mainstream media are just seeking to exploit social media in trying to defeat properly obtained injunctions protecting sensitive and private information. And, if so, the feeling of being used for such commercial ends is not a pleasant one.

 

David Allen Green is legal correspondent of the New Statesman and a media lawyer.

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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Appreciate the full horror of Nigel Farage's pro-Trump speech

The former Ukip leader has appeared at a Donald Trump rally. It went exactly as you would expect.

It is with a heavy heart that I must announce Nigel Farage is at it again.

The on-again, off-again Ukip leader and current Member of the European Parliament has appeared at a Donald Trump rally to lend his support to the presidential candidate.

It was, predictably, distressing.

Farage started by telling his American audience why they, like he, should be positive.

"I come to you from the United Kingdom"

Okay, good start. Undeniably true.

"– with a message of hope –

Again, probably quite true.

Image: Clearly hopeful (Wikipedia Screenshot)

– and optimism.”

Ah.

Image: Nigel Farage in front of a poster showing immigrants who are definitely not European (Getty)

He continues: “If the little people, if the real people–”

Wait, what?

Why is Trump nodding sagely at this?

The little people?

Image: It's a plane with the name Trump on it (Wikimedia Commons)

THE LITTLE PEOPLE?

Image: It's the word Trump on the side of a skyscraper I can't cope with this (Pixel)

THE ONLY LITTLE PERSON CLOSE TO TRUMP IS RIDING A MASSIVE STUFFED LION

Image: I don't even know what to tell you. It's Trump and his wife and a child riding a stuffed lion. 

IN A PENTHOUSE

A PENTHOUSE WHICH LOOKS LIKE LIBERACE WAS LET LOOSE WITH THE GILT ON DAY FIVE OF A PARTICULARLY BAD BENDER

Image: So much gold. Just gold, everywhere.

HIS WIFE HAS SO MANY BAGS SHE HAS TO EMPLOY A BAG MAN TO CARRY THEM

Image: I did not even know there were so many styles of Louis Vuitton, and my dentists has a lot of old copies of Vogue.

Anyway. Back to Farage, who is telling the little people that they can win "against the forces of global corporatism".

 

Image: Aaaaarggghhhh (Wikipedia Screenshot)

Ugh. Okay. What next? Oh god, he's telling them they can have a Brexit moment.

“... you can beat Washington...”

“... if enough decent people...”

“...are prepared to stand up against the establishment”

Image: A screenshot from Donald Trump's Wikipedia page.

I think I need a lie down.

Watch the full clip here:

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland