The bullies, bullied

News International is today the victim of events, not the master.

Yesterday was rather frantic for News International: Rebekah Brooks's email, Glenn Mulcaire's apology, and Ford pulling its advertising from the News of the World for the time being. Who knows what was happening away from the public view.

Today may well see further significant developments, perhaps even sackings or resignations. But in all this extraordinary activity it is useful to pause and think about how the current scandal came into being, and what it may indicate.

First, there is the question of timing. The news about Milly Dowler's phone being hacked came almost from nowhere. There was no objective event, such as an arrest or a charge, to explain why this story was published at this time.

As it has turned out, the Dowler revelation is just one of a number of alleged examples where the phones of those simply caught up in a news story have been hacked: victims, friends, and families. These were not members of the Royal Household, as were those in the first phase of revelations; nor were they the celebrities and media people who constituted the second phase of revelations.

These are ordinary people without any public profile other than the unfortunate events which were inflicted upon them.

And out of all these many cases, someone, somewhere chose the Milly Dowler story as the first one to now get into the public domain. The person that made that decision is a practical genius. That Milly Dowler's phone was hacked when she was missing was simply disgusting, and its disclosure was inevitably going to be newsworthy.

But why was that hacking disclosed now?

It may well be that it was sensible to wait to the end of the recent murder trial. It may be that this was the optimal week for disrupting the proposed full acquisition by News Corporation of BSkyB.

Whatever explains the timing, the choice of the Milly Dowler case as the first one of the "ordinary people" cases to lead on was made -- consciously or not -- during a perfect storm combining the renewed awareness of the awful facts of her disappearance and death with the commercial vulnerability of the Murdoch empire.

The second interesting feature of the developing scandal is the weakness of the News International response.

For a media organisation who deals with those engaged in reputation management on a daily basis, the reaction of News International was unimpressive. Yesterday's email from Rebekah Brooks was barely even literate, with "allegeds" and "allegations" inserted so as to render propositions and sentences almost meaningless. The unfortunate spokesperson put up for interviews on the evening news came across as evasive and hapless.

However, this flat-footedness should not be any surprise.

The tactic of News International at each phase of the scandal is to try and close the matter down by explaining away the available facts. Hence we have had the "lone rogue reporter" theory for the Royal Household hackings; and the dismissive "just media tittle-tattle" excuses for the celebrity hackings. That the hacking have now moved on to ordinary people caught up in events has exposed the limitations of previous narratives.

As it stands, News International clearly cannot decide whether to claim it has all the necessary facts (so that it can say that the problem has been dealt with) or that it has not got the necessary facts (so that it cannot comment on what it does not know).

And News International also seems not to know what to say or do about Glenn Mulcaire. On one hand, it is has been very convenient for Mulcaire to be caught by the confidentiality provisions of a settlement agreement, but such a settlement agreement only makes legal sense if he indeed had any employment claims against News International: that he was an employee.

Now, on the other hand, News International is now desperate to distance him as a "freelance inquiry agent". If that is correct, then the settlement agreement binding him to confidentiality would appear to be consistent with it being merely a useful device so as to prevent unwelcome disclosures. They cannot have it both ways.

The stories so far put out by News International are now unravelling. It is early to tell what actually did happen. But it is certain that the "lone rogue reporter" and "freelance inquiry agent" explanatory tactics may be of limited value, if they are of any value at all. However, it must be remembered: the "lone rogue reporter" excuse was the one which Murdoch, Coulson, and Brooks have wanted us -- and Parliament -- to believe all along.

Also for some time, politicians and other journalists have -- as has been pointed out repeatedly by Tom Watson MP -- been too scared to take on News International. But News International surely cannot bully its way out of this scandal as it is today. Whatever damage limitation exercise they mount in the coming hours, their intimidatory bluff has now been called. It is now News International that is having pressure applied upon it so as to force involuntary outcomes.

News International is currently the victim of events, not the master.

If Hugh Grant was able to show a bugger bugged, today we may be seeing what happens when a bully is bullied .

 

David Allen Green is legal correspondent of New Statesman and was shortlisted the George Orwell blogging prize in 2010.

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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25 times people used Brexit to attack Muslims since the EU referendum

Some voters appear more interested in expelling Muslims than EU red tape.

In theory, voting for Brexit because you were worried about immigration has nothing to do with Islamophobia. It’s about migrant workers from Eastern Europe undercutting wages. Or worries about border controls. Or the housing crisis. 

The reports collected by an anti-Muslim attack monitor tell a different story. 

Every week, the researchers at Tell Mama receive roughly 40-50 reports of Islamophobic incidences.

But after the EU referendum, they recorded 30 such incidents in three days alone. And many were directly related to Brexit. 

Founder Fiyaz Mughal said there had been a cluster of hate crimes since the vote:

“The Brexit vote seems to have given courage to some with deeply prejudicial and bigoted views that they can air them and target them at predominantly Muslim women and visibly different settled communities.”

Politicians have appeared concerned. On Monday, as MPs grappled with the aftermath of the referendum, the Prime Minister David Cameron stated “loud and clear” that: “Just because we are leaving the European Union, it will not make us a less tolerant, less diverse nation.”

But condemning single racist incidents is easier than taking a political position that appeases the majority and protects the minority at the same time. 

As the incidents recorded make clear, the aggressors made direct links between their vote and the racial abuse they were now publicly shouting.

The way they told it, they had voted for Muslims to “leave”. 
 
Chair of Tell Mama and former Labour Justice and Communities Minister, Shahid Malik, said:

“With the backdrop of the Brexit vote and the spike in racist incidents that seems to be emerging, the government should be under no illusions, things could quickly become
extremely unpleasant for Britain’s minorities.

“So today more than ever, we need our government, our political parties and of course our media to act with the utmost responsibility and help steer us towards a post-Brexit Britain where xenophobia and hatred are utterly rejected.”

Here are the 25 events that were recorded between 24 and 27 June that directly related to Brexit. Please be aware that some of the language is offensive:

  1. A Welsh Muslim councillor was told to pack her bags and leave.
  2. A man in a petrol station shouted: "You're an Arabic c**t, you're a terrorist" at an Arab driver and stated he “voted them out”. 
  3. A Barnsley man was told to leave and that the aggressor’s parents had voted for people like him to be kicked out.
  4. A woman witnessed a man making victory signs at families at a school where a majority of students are Muslim.
  5. A man shouted, “you f**king Muslim, f**king EU out,” to a woman in Kingston, London. 
  6. An Indian man was called “p**i c**t in a suit” and told to “leave”.
  7. Men circled a Muslim woman in Birmingham and shouted: “Get out - we voted Leave.”
  8. A British Asian mother and her two children were told: "Today is the day we get rid of the likes of you!" by a man who then spat at her. 
  9. A man tweeted that his 13-year-old brother received chants of “bye, bye, you’re going home”.
  10. A van driver chanted “out, out, out”, at a Muslim woman in Broxley, Luton
  11. Muslims in Nottingham were abused in the street with chants of: “Leave Europe. Kick out the Muslims.”
  12. A Muslim woman at King’s Cross, London, had “BREXIT” yelled in her face.
  13. A man in London called a South Asian woman “foreigner” and commented about UKIP.
  14. A man shouted “p**i” and “leave now” at individuals in a London street.
  15. A taxi driver in the West Midlands told a woman his reason for voting Leave was to “get rid of people like you”.
  16. An Indian cyclist was verbally abused and told to “leave now”. 
  17. A man on a bike swore at a Muslim family and muttered something about voting.
  18. In Newport, a Muslim family who had not experienced any trouble before had their front door kicked in.
  19. A South Asian woman in Manchester was told to “speak clearly” and then told “Brexit”. 
  20. A Sikh doctor was told by a patient: “Shouldn’t you be on a plane back to Pakistan? We voted you out.”
  21. An abusive tweet read: “Thousands of raped little White girls by Muslims mean nothing to Z….#Brexit”.
  22. A group of men abused a South Asian man by calling him a “p**i c**t” and telling him to go home after Brexit.
  23. A man shouted at a taxi driver in Derby: "Brexit, you p**i.”
  24. Two men shouted at a Muslim woman walking towards a mosque “muzzies out” and “we voted for you being out.”
  25. A journalist was called a “p**i” in racial abuse apparently linked to Brexit.