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Does Charlie Gilmour really deserve a 16-month jail sentence?

Yes, he acted like an idiot, but he's also an ideal tabloid scapegoat.

If the British justice system is truly designed to punish people for being utter prats, we all know one or two people who belong in Belmarsh. Well, now that Charlie Gilmour, the Cambridge student who swung from the Cenotaph during the 9 December riots, has gone down for 16 months, I'm sure we will all sleep safer in our beds.

Charlie Gilmour is a PR disaster for the student movement. I met him on the night before his monumental bender, as someone's reprobate brother who had turned up at the UCL occupation to party.

We had an altercation on the smoking steps whose content is now lost to memory but which ended in me storming off, and Charlie staggering after me, grabbing me in a half-headlock and demanding that I sign a piece of paper on which he had hastily scrawled 'Charlie Gilmour is not a misoginist [sic]'.

By the time I had patiently explained that this might not fix whatever it was he had just done, he was already tearing off to disrupt a planning meeting. I remember remarking to a friend: 'That guy is a liability. He's going to give us all a bad name.".

I have every reason to consider Charlie Gilmour a prize dickhead. But 16 months? Really? Sixteen months for going on a bender and attempting to damage some property? Sixteen months for setting fire to some newspaper and jumping on the bonnet of a car?

Charlie Gilmour is many things, but he's not dangerous, unless you happen to be a bottle of Gordon's Gin. Meanwhile, it seems unlikely that whoever, at the same protest, beat 20-year-old Alfie Meadows until he bled into his brain, will be facing charges; in fact, Alfie himself is now amongst the many young protesters up on charges of violent disorder this summer, presumably for headbutting a police baton.

Gilmour is, of course, the ideal tabloid scapegoat for those who would prefer to believe that all young people involved in political struggle are spoilt, drug-addled and reckless. It's a perfect way of whipping up outrage against activists who have a sustained critque of government-imposed austerity, and of dissuading others from joining them.

While Gilmour was not sentenced for his actions at the Cenotaph, he was told that his actions were 'reprehensible', and that the eminence of the occupants of the car had been taken into account. So it's not about throwing a rubbish bin at a Roller - it's about throwing a rubbish bin at a convoy containing the heir to the throne. In swinging off the Cenotaph, he broke the unspoken rules of the King-and-Country brigade. 'You showed disrespect to those who made the ultimate sacrifice defending this country," said Judge Price, who last week sent 20-year-old Frank Fernie to jail for a year for throwing sticks at the TUC demonstration in March.

This is British justice. Over the past six months, 200 police officers have been dedicated to hunting down and punishing students and school-age protesters as part of Operation Malone and Operation Brontide. Meanwhile, a senior Metropolitan police officer devoted less than eight hours to reviewing the original News of the World phone-hacking investigation.

When the photos of Gilmour's rampage dominated the front pages after 9 December, leaving no space for any discussion of police violence or the confiscation of public university provision, many activists were furious with Charlie Gilmour for giving us all a bad name. Now he's been sent to prison on their behalf, along with many genuine protesters, it's the justice system that people are angry with.

Charlie Gilmour behaved like a massive prat, but being a massive prat is not a crime, and nor is being young and foolish. He has been sent to jail purely because he makes a good scapegoat, and to indulge tabloid hand-wringing about disrespect for those who lost their lives in war.

Well, there's disrespect and disrespect. Right now, a cross-party consensus is tearing up the 1945 Attlee settlement -- a far more important monument to those sacrificed in war than any lump of rock in Whitehall. And the newspapers crowing over Charlie Gilmour's jail term are cheering them on all the way.

Editor's note: This post was updated by Laurie Penny at 5.05pm on Sunday, 17 July

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

John Moore
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The man who created the fake Tube sign explains why he did it

"We need to consider the fact that fake news isn't always fake news at the source," says John Moore.

"I wrote that at 8 o'clock on the evening and before midday the next day it had been read out in the Houses of Parliament."

John Moore, a 44-year-old doctor from Windsor, is describing the whirlwind process by which his social media response to Wednesday's Westminster attack became national news.

Moore used a Tube-sign generator on the evening after the attack to create a sign on a TfL Service Announcement board that read: "All terrorists are politely reminded that THIS IS LONDON and whatever you do to us we will drink tea and jolly well carry on thank you." Within three hours, it had just fifty shares. By the morning, it had accumulated 200. Yet by the afternoon, over 30,000 people had shared Moore's post, which was then read aloud on BBC Radio 4 and called a "wonderful tribute" by prime minister Theresa May, who at the time believed it was a genuine Underground sign. 

"I think you have to be very mindful of how powerful the internet is," says Moore, whose viral post was quickly debunked by social media users and then national newspapers such as the Guardian and the Sun. On Thursday, the online world split into two camps: those spreading the word that the sign was "fake news" and urging people not to share it, and those who said that it didn't matter that it was fake - the sentiment was what was important. 

Moore agrees with the latter camp. "I never claimed it was a real tube sign, I never claimed that at all," he says. "In my opinion the only fake news about that sign is that it has been reported as fake news. It was literally just how I was feeling at the time."

Moore was motivated to create and post the sign when he was struck by the "very British response" to the Westminster attack. "There was no sort of knee-jerk Islamaphobia, there was no dramatisation, it was all pretty much, I thought, very calm reporting," he says. "So my initial thought at the time was just a bit of pride in how London had reacted really." Though he saw other, real Tube signs online, he wanted to create his own in order to create a tribute that specifically epitomised the "very London" response. 

Yet though Moore insists he never claimed the sign was real, his caption on the image - which now has 100,800 shares - is arguably misleading. "Quintessentially British..." Moore wrote on his Facebook post, and agrees now that this was ambiguous. "It was meant to relate to the reaction that I saw in London in that day which I just thought was very calm and measured. What the sign was trying to do was capture the spirit I'd seen, so that's what I was actually talking about."

Not only did Moore not mean to mislead, he is actually shocked that anyone thought the sign was real. 

"I'm reasonably digitally savvy and I was extremely shocked that anyone thought it was real," he says, explaining that he thought everyone would be able to spot a fake after a "You ain't no muslim bruv" sign went viral after the Leytonstone Tube attack in 2015. "I thought this is an internet meme that people know isn't true and it's fine to do because this is a digital thing in a digital world."

Yet despite his intentions, Moore's sign has become the centre of debate about whether "nice" fake news is as problematic as that which was notoriously spread during the 2016 United States Presidential elections. Though Moore can understand this perspective, he ultimately feels as though the sentiment behind the sign makes it acceptable. 

"I use the word fake in inverted commas because I think fake implies the intention to deceive and there wasn't [any]... I think if the sentiment is ok then I think it is ok. I think if you were trying to be divisive and you were trying to stir up controversy or influence people's behaviour then perhaps I wouldn't have chosen that forum but I think when you're only expressing your own emotion, I think it's ok.

"The fact that it became so-called fake news was down to other people's interpretation and not down to the actual intention... So in many interesting ways you can see that fake news doesn't even have to originate from the source of the news."

Though Moore was initially "extremely shocked" at the reponse to his post, he says that on reflection he is "pretty proud". 

"I'm glad that other people, even the powers that be, found it an appropriate phrase to use," he says. "I also think social media is often denigrated as a source of evil and bad things in the world, but on occasion I think it can be used for very positive things. I think the vast majority of people who shared my post and liked my post have actually found the phrase and the sentiment useful to them, so I think we have to give social media a fair judgement at times and respect the fact it can be a source for good."

Amelia Tait is a technology and digital culture writer at the New Statesman.