Tabloids and the abuse of power

Why there should be a full judicial inquiry into phone hacking.

Anyone caught up in a significant news story from the advent of mobile telephones in the late 1990s to the arrest of Clive Goodman in 2006, and perhaps for some time afterwards, may well have had their phone messages hacked into by tabloid journalists or those working on their behalf. This is because the tabloids had the power to do this, and it is clear this power was widely abused

It would also appear that political pressure was applied to ensure that this activity was never properly investigated. For some unknown reason the Metropolitan Police narrowed and then closed down any competent investigation of this activity when it first came to light. Had the scandal not involved members of the Royal Household, there may have been no prosecutions at all. It is a curious thing - and not, in this instance, an unwelcome one - that the monarchy still has some practical use in public life. It is difficult to bully the Crown.

Power always tends to get abused, and those with absolute power will (logically) face no checks on their abuses. In the view of many people, the trade unions abused their power in the 1960s and 1970s. Others would say that the police have also long abused powers, especially in Northern Ireland in the 1970s, the inner cities and on picket lines in the 1980s, and in respect of public order and "anti-terrorism" matters since 9/11. And there are many other examples, from bankers to libel litigants. Those who have power - especially absolute power in a given situation - will tend to abuse it for the same reason dogs lick themselves: simply because they can.

And because any person can abuse power, there always needs to be checks. The partisan will want the checks only to be for the "other side". Indeed, one good test of partisanship is whether it is openly accepted "your side" can also abuse power, and that it is crucially important to deal with this. The genius of George Orwell and others is their candour that even progressive and well-meaning people need to be held accountable too, whatever the slogans or legitimising constituencies invoked.

There are those who believe the police can do no wrong, or that trade unions can never be faulted. There are even those who will contend that bankers are simply misunderstood. Often this selective blindness comes from some ideological fixation: "they protect the public", "they represent their members", or "the market cannot be bucked". For defenders of the tabloids it will be "freedom of the press" or "giving the public what they want". There is almost always some greater good which is supposedly being served when someone is abusing their power. It is rare, and somehow more frightening, when a figure like Orwell's O'Brien expressly abuses power for its own sake.

Bullying is when the abuse of power is accompanied - or even made possible - by fear. The fear then prevents checks being used, or created to begin with. This fear may be a selfish and personal one: what can the bully do to me? Or it may be a perfectly understandable fear of what would happen to others, whether it be one's family or one's fellow citizens.

What seems to have happened over the last week or two is that some of the fear of tabloids has gone from more politicans. That is good and refreshing, and it is certainly a start. We may have even tipped off that very point where others will now break cover. But such a welcome change of mood may not last, and it actually achieves nothing by itself. What needs to be looked at are effective checks so as to prevent abuses ever happening again.

There needs to be a full and independent judicial inquiry into the whole sordid and sorry mess of tabloid phone hacking, and this inquiry should be open with the evidence (as far as it can be) placed in the public domain. Witnesses should be on oath, and there should be the power to compel evidence. As long as it is managed carefully by a senior judge, there is no necessary reason why it cannot start before the end of any criminal proceedings. We should not have to wait nearly two years or so.

Abuses of power and bullying by any person will corrupt any liberal democracy. But there is an opportunity now to bring one form of bullying to an end, and to seek to prevent the privacy abuses of the tabloids recurring. So please do support the new campaign for a full judicial inquiry, and sign the petition here.

 

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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MP Michelle Thomson's full speech on rape at 14: "I am a survivor"

The MP was attacked as a teenager. 

On Thursday, the independent MP for Edinburgh West Michelle Thomson used a debate marking the UN’s International Day for the Elimination of Violence against Women to describe her own experience of rape. Thomson, 51, said she wanted to break the taboo among her generation about speaking about the subject.

MPs listening were visibly moved by the speech, and afterwards Thomson tweeted she was "overwhelmed" by the response. 

Here is her speech in full:

I am going to relay an event that happened to me many years ago. I want to give a very personal perspective to help people, both in this place and outside, understand one element of sexual violence against women.

When I was 14, I was raped. As is common, it was by somebody who was known to me. He had offered to walk me home from a youth event. In those days, everybody walked everywhere - it was quite common. It was early evening. It was not dark. I was wearing— I am imagining and guessing—jeans and a sweatshirt. I knew my way around where I lived - I was very comfortable - and we went a slightly differently way, but I did not think anything of it. He told me that he wanted to show me something in a wooded area. At that point, I must admit that I was alarmed. I did have a warning bell, but I overrode that warning bell because I knew him and, therefore, there was a level of trust in place. To be honest, looking back at that point, I do not think I knew what rape was. It was not something that was talked about. My mother never talked to me about it, and I did not hear other girls or women talking about it.

It was mercifully quick and I remember first of all feeling surprise, then fear, then horror as I realised that I quite simply could not escape, because obviously he was stronger than me. There was no sense, even initially, of any sexual desire from him, which, looking back again, I suppose I find odd. My senses were absolutely numbed, and thinking about it now, 37 years later, I cannot remember hearing anything when I replay it in my mind. As a former professional musician who is very auditory, I find that quite telling. I now understand that your subconscious brain—not your conscious brain—decides on your behalf how you should respond: whether you take flight, whether you fight or whether you freeze. And I froze, I must be honest.

Afterwards I walked home alone. I was crying, I was cold and I was shivering. I now realise, of course, that that was the shock response. I did not tell my mother. I did not tell my father. I did not tell my friends. And I did not tell the police. I bottled it all up inside me. I hoped briefly—and appallingly—that I might be pregnant so that that would force a situation to help me control it. Of course, without support, the capacity and resources that I had within me to process it were very limited.

I was very ashamed. I was ashamed that I had “allowed this to happen to me”. I had a whole range of internal conversations: “I should have known. Why did I go that way? Why did I walk home with him? Why didn’t I understand the danger? I deserved it because I was too this, too that.” I felt that I was spoiled and impure, and I really felt revulsion towards myself.

Of course, I detached from the child that I had been up until then. Although in reality, at the age of 14, that was probably the start of my sexual awakening, at that time, remembering back, sex was “something that men did to women”, and perhaps this incident reinforced that early belief.​
I briefly sought favour elsewhere and I now understand that even a brief period of hypersexuality is about trying to make sense of an incident and reframing the most intimate of acts. My oldest friends, with whom I am still friends, must have sensed a change in me, but because I never told them they did not know of the cause. I allowed myself to drift away from them for quite a few years. Indeed, I found myself taking time off school and staying at home on my own, listening to music and reading and so on.

I did have a boyfriend in the later years of school and he was very supportive when I told him about it, but I could not make sense of my response - and it is my response that gives weight to the event. I carried that guilt, anger, fear, sadness and bitterness for years.

When I got married 12 years later, I felt that I had a duty tell my husband. I wanted him to understand why there was this swaddled kernel of extreme emotion at the very heart of me, which I knew he could sense. But for many years I simply could not say the words without crying—I could not say the words. It was only in my mid-40s that I took some steps to go and get help.

It had a huge effect on me and it fundamentally - and fatally - undermined my self-esteem, my confidence and my sense of self-worth. Despite this, I am blessed in my life: I have been happily married for 25 years. But if this was the effect of one small, albeit significant, event in my life stage, how must it be for those women who are carrying it on a day-by-day basis?

I thought carefully about whether I should speak about this today, and it was people’s intake of breath and the comment, “What? You’re going to talk about this?”, that motivated me to do it, because there is still a taboo about sharing this kind of information. Certainly for people of my generation, it is truly shocking to talk in public about this sort of thing.

As has been said, rape does not just affect the woman; it affects the family as well. Before my mother died early of cancer, I really wanted to tell her, but I could not bring myself to do it. I have a daughter and if something happened to her and she could not share it with me, I would be appalled. It was possibly cowardly, but it was an act of love that meant that I protected my mother.

As an adult, of course I now know that rape is not about sex at all - it is all about power and control, and it is a crime of violence. I still pick up on when the myths of rape are perpetuated form a male perspective: “Surely you could have fought him off. Did you scream loudly enough?” And the suggestion by some men that a woman is giving subtle hints or is making it up is outrageous. Those assumptions put the woman at the heart of cause, when she should be at the heart of effect. A rape happens when a man makes a decision to hurt someone he feels he can control. Rapes happen because of the rapist, not because of the victim.

We women in our society have to stand up for each other. We have to be courageous. We have to call things out and say where things are wrong. We have to support and nurture our sisters as we do with our sons. Like many women of my age, I have on occasion encountered other aggressive actions towards me, both in business and in politics. But one thing that I realise now is that I am not scared and he was. I am not scared. I am not a victim. I am a survivor.

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.