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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Is anyone prepared to solve the NHS funding crisis?

As long as the political taboo on raising taxes endures, the service will be in financial peril. 

It has long been clear that the NHS is in financial ill-health. But today's figures, conveniently delayed until after the Conservative conference, are still stunningly bad. The service ran a deficit of £930m between April and June (greater than the £820m recorded for the whole of the 2014/15 financial year) and is on course for a shortfall of at least £2bn this year - its worst position for a generation. 

Though often described as having been shielded from austerity, owing to its ring-fenced budget, the NHS is enduring the toughest spending settlement in its history. Since 1950, health spending has grown at an average annual rate of 4 per cent, but over the last parliament it rose by just 0.5 per cent. An ageing population, rising treatment costs and the social care crisis all mean that the NHS has to run merely to stand still. The Tories have pledged to provide £10bn more for the service but this still leaves £20bn of efficiency savings required. 

Speculation is now turning to whether George Osborne will provide an emergency injection of funds in the Autumn Statement on 25 November. But the long-term question is whether anyone is prepared to offer a sustainable solution to the crisis. Health experts argue that only a rise in general taxation (income tax, VAT, national insurance), patient charges or a hypothecated "health tax" will secure the future of a universal, high-quality service. But the political taboo against increasing taxes on all but the richest means no politician has ventured into this territory. Shadow health secretary Heidi Alexander has today called for the government to "find money urgently to get through the coming winter months". But the bigger question is whether, under Jeremy Corbyn, Labour is prepared to go beyond sticking-plaster solutions. 

George Eaton is political editor of the New Statesman.