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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Jeremy Corbyn sat down on train he claimed was full, Virgin says

The train company has pushed back against a viral video starring the Labour leader, in which he sat on the floor.

Seats were available on the train where Jeremy Corbyn was filmed sitting on the floor, Virgin Trains has said.

On 16 August, a freelance film-maker who has been following the Labour leader released a video which showed Corbyn talking about the problems of overcrowded trains.

“This is a problem that many passengers face every day, commuters and long-distance travellers. Today this train is completely ram-packed,” he said. Is it fair that I should upgrade my ticket whilst others who might not be able to afford such a luxury should have to sit on the floor? It’s their money I would be spending after all.”

Commentators quickly pointed out that he would not have been able to claim for a first-class upgrade, as expenses rules only permit standard-class travel. Also, campaign expenses cannot be claimed back from the taxpayer. 

Today, Virgin Trains released footage of the Labour leader walking past empty unreserved seats to film his video, which took half an hour, before walking back to take another unreserved seat.

"CCTV footage taken from the train on August 11 shows Mr Corbyn and his team walked past empty, unreserved seats in coach H before walking through the rest of the train to the far end, where his team sat on the floor and started filming.

"The same footage then shows Mr Corbyn returning to coach H and taking a seat there, with the help of the onboard crew, around 45 minutes into the journey and over two hours before the train reached Newcastle.

"Mr Corbyn’s team carried out their filming around 30 minutes into the journey. There were also additional empty seats on the train (the 11am departure from King’s Cross) which appear from CCTV to have been reserved but not taken, so they were also available for other passengers to sit on."

A Virgin spokesperson commented: “We have to take issue with the idea that Mr Corbyn wasn’t able to be seated on the service, as this clearly wasn’t the case.

A spokesman for the Corbyn campaign told BuzzFeed News that the footage was a “lie”, and that Corbyn had given up his seat for a woman to take his place, and that “other people” had also sat in the aisles.

Owen Smith, Corbyn's leadership rival, tried a joke:

But a passenger on the train supported Corbyn's version of events.

Both Virgin Trains and the Corbyn campaign have been contacted for further comment.

UPDATE 17:07

A spokesperson for the Jeremy for Labour campaign commented:

“When Jeremy boarded the train he was unable to find unreserved seats, so he sat with other passengers in the corridor who were also unable to find a seat. 

"Later in the journey, seats became available after a family were upgraded to first class, and Jeremy and the team he was travelling with were offered the seats by a very helpful member of staff.

"Passengers across Britain will have been in similar situations on overcrowded, expensive trains. That is why our policy to bring the trains back into public ownership, as part of a plan to rebuild and transform Britain, is so popular with passengers and rail workers.”

A few testimonies from passengers who had their photos taken with Corbyn on the floor can be found here