Paul McMullan and the denial of privacy

Why privacy is not just for "paedos".

The evidence of former News of the World journalist Paul McMullan to the Leveson inquiry was extraordinary and attention-grabbing. One almost wanted, following Blade Runner, for the barrister to ask McMullan what he would do if he saw a tortoise upside down in the sun. In the words of Graham Linehan on Twitter, it was as if McMullan was of another species.

What caused this response to his appearance and his evidence? It was perhaps the casual inhumanity and lack of any ethical concern. The only moment when McMullan showed any genuine disdain was when he dismissed his former editors as "scum" for what they did against him personally. But other than this flicker of defiance, his evidence was dark, depressing, and disconcerting.

And it was revealing. It gave the impression of a tabloid journalist simply thinking aloud, without any of the usual excuses, evasions, and euphemisms. The evidence was simply raw. It may well be that some of the evidence is unreliable, and it could also be that McMullan is not representative of tabloid journalism, but anyone who saw his stumbling and wince-inducing performance will probably never forget it.

At one point McMullan flatly rejected the general right of "privacy". It was a space, he contended, only for bad people to do bad things. Privacy, he assured the inquiry, was just for "paedos". Indeed, privacy was "evil".

Of course, McMullan cannot really believe this. Presumably the "toilet suite" he mentioned he wants for his Dover pub will come with cubicles fitted with doors and locks. One would hope he would not be a pub landlord who insists that all his customers defecate in an open room, at the risk of being denounced to the other customers as a child abuser.

In fact, everyone needs a private space to do certain things, even McMullan. Privacy is not an evil; it instead provides the sense of autonomy and dignity which is essential for any human being in a civilized society. There are questions as to how this basic human need for privacy is translated into effective legal remedies and how it is accorded respect by the tabloid media. There is also the difficult issue as to how privacy is balanced with publication of information in the public interest. But this does not mean that a person should not have a private space at all.

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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Four times Owen Smith has made sexist comments

The Labour MP for Pontypridd and Jeremy Corbyn’s Labour leadership rival has been accused of misogynist remarks. Again.

2016

Wanting to “smash” Theresa May “back on her heels”

During a speech at a campaign event, Owen Smith blithely deployed some aggressive imagery about attacking the new Prime Minister. In doing so, he included the tired sexist trope beloved of the right wing press about Theresa May’s shoes – her “kitten heels” have long been a fascination of certain tabloids:

“I’ll be honest with you, it pained me that we didn’t have the strength and the power and the vitality to smash her back on her heels and argue that these our values, these are our people, this is our language that they are seeking to steal.”

When called out on his comments by Sky’s Sophy Ridge, Smith doubled down:

“They love a bit of rhetoric, don’t they? We need a bit more robust rhetoric in our politics, I’m very much in favour of that. You’ll be getting that from me, and I absolutely stand by those comments. It’s rhetoric, of course. I don’t literally want to smash Theresa May back, just to be clear. I’m not advocating violence in any way, shape or form.”

Your mole dug around to see whether this is a common phrase, but all it could find was “set back on one’s heels”, which simply means to be shocked by something. Nothing to do with “smashing”, and anyway, Smith, or somebody on his team, should be aware that invoking May’s “heels” is lazy sexism at best, and calling on your party to “smash” a woman (particularly when you’ve been in trouble for comments about violence against women before – see below) is more than casual misogyny.

Arguing that misogyny in Labour didn’t exist before Jeremy Corbyn

Smith recently told BBC News that the party’s nastier side only appeared nine months ago:

“I think Jeremy should take a little more responsibility for what’s going on in the Labour party. After all, we didn’t have this sort of abuse and intolerance, misogyny, antisemitism in the Labour party before Jeremy Corbyn became the leader.”

Luckily for Smith, he had never experienced misogyny in his party until the moment it became politically useful to him… Or perhaps, not being the prime target, he simply wasn’t paying enough attention before then?

2015

Telling Leanne Wood she was only invited on TV because of her “gender”

Before a general election TV debate for ITV Wales last year, Smith was caught on camera telling the Plaid Cymru leader that she only appeared on Question Time because she is a woman:

Wood: “Have you ever done Question Time, Owen?”

Smith: “Nope, they keep putting you on instead.”

Wood: “I think with party balance there’d be other people they’d be putting on instead of you, wouldn’t they, rather than me?”

Smith: “I think it helps. I think your gender helps as well.”

Wood: “Yeah.”

2010

Comparing the Lib Dems’ experience of coalition to domestic violence

In a tasteless analogy, Smith wrote this for WalesHome in the first year of the Tory/Lib Dem coalition:

“The Lib Dem dowry of a maybe-referendum on AV [the alternative vote system] will seem neither adequate reward nor sufficient defence when the Tories confess their taste for domestic violence on our schools, hospitals and welfare provision.

“Surely, the Liberals will file for divorce as soon as the bruises start to show through the make-up?”

But never fear! He did eventually issue a non-apology for his offensive comments, with the classic use of “if”:

“I apologise if anyone has been offended by the metaphorical reference in this article, which I will now be editing. The reference was in a phrase describing today's Tory and Liberal cuts to domestic spending on schools and welfare as metaphorical ‘domestic violence’.”

***

A one-off sexist gaffe is bad enough in a wannabe future Labour leader. But your mole sniffs a worrying pattern in this list that suggests Smith doesn’t have a huge amount of respect for women, when it comes to political rhetoric at least. And it won’t do him any electoral favours either – it makes his condemnation of Corbynite nastiness ring rather hollow.

I'm a mole, innit.