For the Leveson inquiry and free expression

How the media ethics inquiry is circumventing the chilling power of the tabloids.

The Leveson inquiry is perhaps doing more for genuine "freedom of expression" than any tabloid has ever done. For years, the partisans for the tabloids have invoked the "rights of the press" as a cloak for systemic criminal and intrusive behaviour, whilst the tabloids in turn denied rights of reply and intimidated potential critics into silence. When challenged, the tabloid punditry and their fellow-travellers shake their heads and warn darkly of "censorship" and the perils of "state control". A free press is essential to a vibrant democracy, we are invariably assured.

The problem with this standard defence is that it is not entirely true. A vibrant democracy requires the critics of the press to be heard too, and that simply has not been happening. As is becoming increasingly apparent, one general effect of the tabloid press has not been to promote free expression, but instead to shut people up or limit what they can communicate. That is not the promotion of "free expression". Those who seek to challenge the tabloids are routinely smeared and undermined. The tabloids just want the freedom to do what they want without any real criticism or effective restraint. In effect, editors and journalists of the tabloid press want to be the untouchables in their commercial operations.

The merit of the Leveson inquiry - regardless of its formal findings in its reports - is that it is giving a platform to those whose voices are deliberately smothered by the tabloid press. It has taken this statutory formal inquiry, with powers of obtaining evidence and protection from legal action to witnesses, to save "free expression" from the illiberal onslaught of the tabloids. Left to the tabloids themselves, little of what we have heard over the last week would ever have had any significant circulation.

A couple of very telling moments over the last few days came from when the tabloids thought they had been wronged. For one newspaper, an expensive QC was instructed to loudly "refute" (by which he meant "reject") various allegations, and to demand a right of reply or at least a right to challenge the evidence. Another tabloid complained that the Guardian had got its facts wrong in a strongly worded letter, and insisted on (and got) an immediate correction. One can see why the newspapers reacted in the way they did; but it really is not to their credit that for years they have casually denied such redress to those caught up in the stories. Perhaps the tabloids can now empathise with the senses of unfairness and violation which they inflict on others on a daily basis.

One should always be sceptical of those who claim grand principles to mask selfish behaviour. Such heady language is, as Samuel Johnson observed, the usual refuge of scoundrels. Instead, look carefully at what is actually being done and not done by those people and entities seeking to evade and misdirect scrutiny. The tabloids have for too long hidden behind the nod-a-long anthems of "free expression".

It is now time to allow those who criticise the tabloids free expression, too. After all, this is also essential to a vibrant democracy.

 

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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On the important issues, Louise Casey all too often has little to say

Far from moving the debate on, this new report on integration adds little to the report I commissioned in 2001. 

For 15 years, “numerous government reports on community cohesion and integration have not been implemented with enough force or consistency” concludes Louise Casey’s review of  integration.  The government’s lukewarm response suggests their effort will be as “diluted and muddled” as all the rest.

There’s a deeper reason why governments shy away from the measures that are needed. The report's wealth of data sets out a stark if sometimes contestable picture of a divided society.  But no amount of data can really bring the lives of our fellow citizens to life. As the Brexit vote underlined, this is now a nation divided by class, geography, education, wealth, opportunity and race. Those divisions colour the way we live our lives, the way we see problems in society, the relations we have with others, and our political choices. The report, like many before it, stops short of setting out that reality. It’s easier to pretend that most of us pretty much agree on most things; but just few people don’t agree and they must be the problem. Predictably, much of the early coverage has focussed on the Muslim community and new migrants. If only it were so easy.

According to Casey “in this country, we take poverty, social exclusion, social justice and social mobility seriously” and we do it “across political divides”. Apparently “creating a fair, just society where everyone can prosper and get on” is a cornerstone of British values. Yet for page after page the report chronicles the serial failure of this benign consensus to tackle educational under-performance, and economic and racial disadvantage. If we all agree, how come we haven't done anything about it?

These problems are not certainly easy to solve, but more lip service is paid to tackling them than effort. The practical material issues documented here need addressing, but punches are pulled when hard answers are needed. Given the dramatic impact of mass migration on cohesion, is integration possible while current rates of immigration persist? Can we find the political will to tackle poverty and disadvantage when those who might benefit from the effort are divided against each other by suspicion, race, geography and values? After all, rather than progressive policies producing a cohesive society, social unity is the precondition for the introduction of progressive policies.

We don't actually actually agree on what our “fundamental values” mean in practice. We can all sign up to democracy and the rule of law, but as soon as those are put into practice – see the court case on Article 50 – we are divided. When judges are popularly seen as “enemies of the people” and a vote in an elected parliament as a threat to democracy, in what sense are law and democracy fundamental?

Casey usefully highlights how treating homeless families equally, irrespective of ethnicity and length of residence can create the perception that minorities are being favoured over long standing residents. Our differing views on what is “just” and how “fairness” are defined can tear us apart. Is it fair to favour the newcomer over the indigenous? Is it just to put length of time on the waiting list above housing need? We often don't even acknowledge the legitimacy of other points of view, let alone try to find common ground.

The continual invocation of Britain and British values lends an air of unreality to the report.  Most people in England include British in their identity, but Englishness and English interests are of growing importance. In a worrying development, some areas of England  may be polarising between a white Englishness and an ethnic minority Britishness. Integration won't happen without a shared national story that combines a unifying national identity with the acceptance that we all have more than one identity that matters to us. Ignoring the reality of complex and multiple identities closes off one essential way forward.

None of this means that the criticism of some reactionary and occasionally dangerous ideas and practices in the Muslim community should be ignored and not confronted. But in a country where the established church opposes homosexual relationships and praise for Vladimir Putin's Russia is now mainstream politics it is hard to believe that all our problems can be reduced to the behaviour of a minority of a minority community.

John Denham was a Labour MP from 1992 to 2015, and a Secretary of State 2007 to 2010. He is Director of the Centre for English Identity and Politics at Winchester University