Why British journalists are taught to be dishonest
Free speech is shackled by the UK's libel laws.
By Laurie Penny Published 25 January 2012 14:59
The first thing I learned in journalism school was not to say anything bad about the police. If I did, even if I'd seen abuses of power with my own eyes, I could face a suit for damages that would ruin me, my editors and whatever paper had been unfortunate enough to publish my work.
Nick Cohen's new treatise on censorship, You Can't Read This Book, airs one of the more painful secrets of the British press - the slide, especially over the last 15 years, towards a culture where archaic libel laws give the wealthy and privileged "the power to enforce a censorship that the naive supposed had vanished with the repressions of the old establishment."
I recently spent some time in the United States, where the cultural attitude to freedom of the press is rather different. A country that produced Fox News and allows presidential attack ads to run on television can hardly be held up as a gold standard for fair and unbiased reporting, but if American journalism lacks deference, British journalism is crippled by a surfeit of it.
Where writers in the United States are used to having their articles cross-referenced by fact-checkers for accuracy, journalists in Britain have our work picked over by lawyers. I found myself blushing when I explained to fellow writers covering police brutality at Occupy Wall Street that where I come from, it does not matter whether or not what you write is true so much as whether or not it is actionable.
Actionability, moreover, is relative. It's about money as well as legality. The decisions writers and editors make about what to publish inevitably depend on whether the potentially aggrieved party is wealthy enough to sue. This means, in practical terms, that journalists can and do say pretty much anything we like about, for example, single parents, immigrants, the unemployed, or benefit claimants. Last year, however, when a group of chronically ill and disabled benefit claimants set up a small website campaigning against Atos Origin, the private company running the controversial new welfare tests, the French company lost no time sending out intimidating legal letters.
The real problem here is not just censorship, but self-censorship. Cohen points out that British journalists, campaigners and others learn to modify our speech before it ever reaches the point of contention. I will never forget being quietly reminded by other activists, on a demonstration against corporate tax avoidance last year, to chant "tax avoider!" not "tax dodger!". The imprecision of "dodger" might have given grounds for a suit, and we'd already spent all our money on the placards.
These were young people quite prepared to be arrested in the course of a peaceful protest. The risks of a defamation action, however, were much too high. Under British civil law, the burden of proof in cases of libel or slander is on the defendant, not the claimant - if you're sued, you have to prove that what you said isn't libellous, and defendants must pay some court costs whatever the verdict. The price of losing a libel case often runs into millions, so editors, activists and journalists are forced to take steps to avoid them at any cost.
In the British media, the cost of courage is prohibitively high - so young journalists are taught to be duplicitous from day one. We are taught, or we learn on the job from decent editors shackled by the threat of libel costs, to withhold or obscure what we know in case it inconveniences the rich and spiteful.
What could be more dishonest? Without a change in the law, journalists will continue to learn deference and duplicity in the very profession many of us entered to expose such things.
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64 comments
@Rob D / joe bloggs
Given the criticism the police come in for, I would have expected more cases to come to light of them winning substantial damages too.
But then I didn't go to the same NCTJ course as LP. So I can't comment; it could well have been the "first thing she was taught."
Happily, there is an easy solution. Presumably she lists her NCTJ provider somewhere, so someone can email the tutor concerned and ask. Problem solved.
My mate, Spiral, said that the best way to combat the fear of action from the people one reports on, is to make them up. Even the UK courts would have trouble awarding damages to a fictional character.
"What could be more dishonest?"
Any article by you on student protests, replete with made up quotes from imaginary people and fabricated tales of "police brutality"?
@Chir0n
I'm sure Spud Middleton can speak for himself, but I'll guess he "spends so much time reading and critiquing Ms Penny" because he is decent working class left fed up of the realm of left wing thought being eaten up by a middle class, self absorbed, hyperbolic fruitloop like Miss Penny. Has she ever written anything in the Staggers that might have the slightest relevance to, say, a builder's labourer in Cannock? No it's all about her student mates playing revolutionaries, whinging that the police are doing their jobs, with a few film noir scenes of these cool cats smoking (sometimes weed, wow!) and coming out with something "profound" she's clearly thought up afterwards.
Where I grew up we had a phrase for it, and that phrase was "pretentious tossers".
Did someone mention Nick Cohen in the same breath as honest journalism?
I'm reading the Cohen book...I'd thoroughly recommend it. You could learn a lot from it Laurie..like not making up imaginary stereotypes to fit your narratives...you know the sort of thing...like the ongoing picaresque outings of your 'anarchist friends'.
"Why British journalists are taught to be dishonest..."
...or did someone teach you that you should do that?
Was it Johan Hari?
joe bloggs
much kudos...although I suspect she'll just hope the people reading this thread will assume that somebody made you up... not me mate, I accept your story, on balance, as highly plausible...her lack of integrity as a recorder of the actualite is quite appalling, to the point where the title 'journalist' is not so much a misnomer as an insult to the rest.
Test: I know where you coming from and fully empathise. There do need to be more left-leaning, working class commentators, but find me someone that fits the bill.
A sorry excuse for a journalism school if the first thing you learned was to never say anything bad about the police. I'll take the British and Canadian libel laws any day over the American laws, where it is up to an aggrieved citizen to prove what the media said was untrue. Far better the media be held to account to prove that what they say is true.
The bigger issues behind whether or not we can reconcile liberal freedom with the right of others to feel offence are key here - there's a great debate with sociologist Frank Furedi, human rights campaigner Peter Tatchell, and historian Lord Robert Skidelsky on the limits of freedom. http://iai.tv/video/limits-to-liberty
What do people think?
Strange piece coming from a blogger. Cynical even. Though now she's made it as a journalist. Bought a ticket to see her talk about Karl Marx at the ICA. Not sure what to expect now
"Bought a ticket to see her talk about Karl Marx at the ICA. Not sure what to expect now"
I bought a ticket to see Ricky Hatton give a talk on medieval Flemish tapestry at the ICA...I suspect you're in for a similar experience.
It is not just the law that protects the rich and famous. Our system of government, our beloved 'democracy', has been cunningly crafted to do exactly that whilst seeming to do the opposite: party politics is its name. Electronic surveillance will be the next weapon in the armoury of our rulers. Beware!
A very candid piece of commentary. I remember listening to Ian Hislop speaking at a select committee (I think it was) highlighting how investigative journalism was being stifled. I remember the point he made that local papers simply wouldn't touch it because of the potential costs.
"Please read this latter one more than once and apply the level of criticism you routinely afford Laurie."
Yeah, I can see your point but if I did so I would be forced to say that
a)I think it's better written and funnier than anything she's produced
b) We know that, for instance, Bristol's still there and wasn't consumed in a wave spontaneous explosion of anarchist rage; nor were there mass round-ups and internments of free-thinkers who wouldn't conform to the hysteria that allegedly gripped the rest of us in the run up to the royal wedding
...she writes shit...she makes stuff up...that's something you can't really say about the piece I linked to.
chir()n
#I'm curious - if this is how you feel about her work, why do you spend so much time reading and critiquing Ms Penny?#
You kidding...she's just one of five I have a go at...two allegedly of 'the left', a self-righteous 'progressive' philosopher who couldn't actually choose a side or take a stand if a fuckin axe-wielding psycho was battering down his door to turn his kids into mince..."Can we honestly call him evil...his brain is wired differently...what is evil?...it would make as much sense to hate him as to hate a hungry wolf who..." blah fuckin blah..
and a couple of Tories...and now and again I nip on Guido Fawkes to trade obscenities with one of its more extreme correspondents...I don't spend that long as it goes...sorta 10 minute slots...it's cheap, entertaining and a lot more rewarding than watching the telly... I tend to lay off if there's a book I'm really into or working nights.
" ... title 'journalist' is not so much a misnomer as an insult to the rest."
The rest of them deserve the insult. The majority of Journos are despicable and cowardly.
Spud, you often make references to Laurie telling outright lies and I wondered if this was just your opinion or if you have actual evidence of this. I ask because I'd really like to know.
Oh penny baby what a tangled web we weave, our whole society is based on dishonesty.
There may be fact checkers in some American news outlets. More frequently, though, many American mainstream publications just parrot whatever lies (mainly) Republican politicians assert under the fake shield of providing "balance."
Self-censorship in American news media also takes a different form. Here, it's about not antagonizing alleged news sources or powerful advertisers or even those in power who can make life difficult.
http://www.youtube.com/watch?v=X4Kjtp4sA9E..cheer yourself up spud you misery guts.
"...she writes shit...she makes stuff up...that's something you can't really say about the piece I linked to."
What? not even this bit?
"...political corruption is not much more than a duck house and a few bags of ready salted crisps, and freedom of the press is used for such things as Page 3 and Sudoku"
Sort of a 'there, there' patting on the head, from someone who thinks that Orwell presents a 'romantic' world-view.
"But Spud, anytime you want to set up a 'Pepsi' challenge. I'm willing to give it a shot"
I'll have to have a think about that...it was more rhetorical tbh...apart from anything else you could just whack each paragraph into google and find who wrote it. Mind you I think you're right...this is getting a bit pointless; I mean, she is what she is...much as the whole thing might irritate me, it all comes down to other people's credulity and the seeming determination of media organisations to recruit their talking heads from the same small incestuous middle-class Oxbridge pool.
"...political corruption is not much more than a duck house and a few bags of ready salted crisps, and freedom of the press is used for such things as Page 3 and Sudoku"
..well it's a provocative way of saying it, certainly, but it's satirical polemic...it's a piss-take and the 'duck house' doesn't even reference political corruption so much as the individual venality of politicians...political corruption for me-and dare I say it Laurie Penny- stems from the insidious and anti-democratic fusion of politics with corporate interests which has created a global political class dedicated to an apolitical consensual managerialism. But what's that got to do with her tangential fiction surrounding a society in which gallant freedom loving anarchists are suffering fascist oppression? It's not there...it's in her head.
And if you're willing to accept that the piece is piss-taking...which, if you look at the rest of the site, I think you've gotta concede...yet still merits serious comparison with her writing then...QED. When a writers own output is often inadvertently indistinguishable from satire then what does that say? See the thing with satire is, it's made up.
Mind you it'll always grate on me that Laurie Penny and the great liberal herd have coopted and appropriated 'the Left' to their own selfish small-minded ends; stripping it of all notions and concepts of class. It's as though a crack team of deconstructions chefs have taken egg and chips and remodelled it devoid of any potato based or poultry derived components.
It might be thought gauche in some effete circles but I'm never gonna be able to just sit there and act as though everything's normal and cool. At some point you've gotta say "Yeah, but what have you done with the fuckin egg and...I want some chips you useless bourgeois tossers."
"Sort of a 'there, there' patting on the head, from someone who thinks that Orwell presents a 'romantic' world-view."
What about the old maids cycling through the morning mist...his obsession with the musculature of the miners in Road to Wigan Pier...he could do romantic when he wanted.
stuart
I'm not miserable...far from it...had a good week...knocked off at half one today...home...kip...big dinner etc. Off to pub in 10 minutes. If you're lucky I'll probably be back around half elevenish to call you a few Belgian-lager-inspired expletives. Up the Workers-Down-the-Stella...Vive-la-Kebab...God's in his heaven and all's well with the world...oh- except for the slapped-arse visage of every radical-chic Oxbridge pseudo-anarchist who can't quite grow up.
Chir()n
I just very strongly suspect that her degree of 'embellishment' sometimes 'reworks' 'events' and 'people' into an existential status whose valence was previously less than or equal to 0...and a couple of minutes Googling finds others who seem to feel likewise...'outright lies' "is a very loaded term, m'Lord."
http://zetkin.net/journalism-subjectivity-movement/
http://www.shoutingatco.ws/2011/05/04/laurie-penny-the-left-wing-littlej...
I offered it you on a plate Spud and you jibbed it. You could have picked anything that predates the riots or that is published elsewhere, and I am too honest to google them, not to mention lazy.
Way I see it is that if we are always going to have privileged people telling us what's what then I'd rather one who rebels against their background: 'egg a la chips' if you will. And in fact that Conservative MP looked rather silly by contrast, banging on to Pacman about the BBC. Pft!
Anyway, my good man, we were supposed to be talking about Libel.
God, the Daily politics was the most embaressing thing I've seen In Years Today.
Sure 'when he wanted', but you neatly elide the fact that in 'A Clergyman's Daughter' the old maid is used as background to rebellion - not much romantic about Dorothy ramming a pin into her arm; we would call that self-harming.
I hadn't realized the site was satire either. It wasn't that funny. Also:
'See the thing with satire is, it's made up.'
So while you linked it in to show how people feel the same as you about Laurie making things up, you admit that it is itself 'made-up' and only intended to sound good and be funny.
"When a writers own output is often inadvertently indistinguishable from satire then what does that say?"
Nothing because I never agreed they were indistinguishable. You said '...she makes stuff up...that's something you can't really say about the piece I linked to."
But now you say it is satire and 'See the thing with satire is, it's made up.'
I have no problem with CoC, reporting restrictions on kids (in general) etc. But libel is a rich man's game. We need first amendment-style protection and presumption of innocence on honest journos going about their work. It also undermines Britain's standing in the world to have filthy rich foreign moguls of dubious reputation using our courts to suppress legitimate criticism of their businesses. http://www.diyhomerenovations.org/
Spud
One link looks like an argument based on the dubious ground of two interlocutors arguing about which of them said what.
I'm staying out of it, except for a direct quote: 'I’m a bit of a show pony, and sometimes the politics slides to the rhetorical over the realistic.'(http://zetkin.net/journalism-subjectivity-movement/)
"The other contains this little gem:
'This is the basic plot of most of her work; scare-mongering about the state and society based on weak facts and rumour whilst pontificating in such a romanticised way, that it seems like an excerpt from a George Orwell novel. Britain, in general, is a fucking boring country. Nothing happens, really. There are no revolutions, political corruption is not much more than a duck house and a few bags of ready salted crisps, and freedom of the press is used for such things as Page 3 and Sudoku." (http://www.shoutingatco.ws/2011/05/04/laurie-penny-the-left-...)
Please read this latter one more than once and apply the level of criticism you routinely afford Laurie.
Wonders will never cease - is this an attack of Leftist common sense? Laurie Penny agreeing with Nick Cohen? In the Staggers?
Watch out Tories, this could be dangerous...
http://clemthegem.wordpress.com
Laurie, deary, whatever happened to 'publish and be damned' ?!
"'...she makes stuff up...that's something you can't really say about the piece I linked to."
No because the piece I linked to invents nothing other than an exaggeratedly cynical view of her writing, if you want to get that pedantic then I agree it conjures up-or 'makes up' a particular mindset and produces opinions of actual events consistent with that mindset...to a degree of humorous effect dependent on ones taste. It doesn't make up the events.
There's a big difference between writing 'Harry Potter' as fiction and writing 'Harry Potter' then telling people it's a true story.
"Nothing because I never agreed they were indistinguishable."
And don't you agree? Do you think that if you took a blind trial in which 5 paragraphs of Laurie Penny's more colourful moments were randomly interspersed with 5 satirical pieces along-to use an unfortunate phrase- Diedrie Spart lines, you could be confident in separating the two.
".. then I'd rather one who rebels against their background."
sort of agreed...if she's still doing it in 20 years...at the moment she's making up for all of her lost adolescence. When every one else was out getting drunk, laid, wasted and stupid and she was in her room learning quotes from the Tempest and getting bolshy when her mam brought in the cocoa, gave her a hug and told her not to overdo it. If she's still as 'angry' once she's finally grown up I'll reconsider...but while she's still trying so desperately and lamely to give us all a vicarious thrill by dropping scandalous details of her skunk-smoking anarchist comrade's anomie, then I'll pass, if it's all the same.
" And in fact that Conservative MP looked rather silly by contrast, banging on to Pacman about the BBC. Pft!"
'in fact'...a Conservative looking a bit silly!! Whatever next!!
...and I'm still working on the challenge...best I can come up with is this. How about if I write the alternative stuff? Or is that cheating? The reason I ask is that I had a quick look and the likes of, say, Craig Brown is so clearly a public school middle-aged man channeling something which can only be the product of the mind of a...erm...kinda public-school middle-aged man. See...now,me...I'm in touch with my inner 20 something public school female wannabe revolutionary...Stella does that for you. I love beer. Fuck knows why I smoke stuff. 7 pints of Stella knocks 20 years off me...if only women could understand that...take Mrs Spud, for instance, she just lacks the nuance and intellectual dexterity to appreciate the sublime intricacy of my repartee or the sexual heights of...oh fuck it...I'm boring myself..
"Anyway, my good man, we were supposed to be talking about Libel"
Well, I'm cool talking about libel but I'm still reading the Cohen book...bout 2/3 through. It's really very good...and perhaps the only low-point for me is this article which just kinda shamelessly coat-tails it. I've a fair bit of time for Cohen as it goes. Obviously that makes me a Zionist neo-con blah blah...but the guy's consistent...I wouldn't say I always see eye to eye with him...but consistency's important...maybe not to a 20 something useful-idiot-change-with-the-wind radical...but I respect consistency...like a pig respects shit.
Spud,
I don't know if it's that loaded, if someone has lied and it's certain they knew they were lying and you can prove it, then it seems a fair enough appraisal.
I'm curious - if this is how you feel about her work, why do you spend so much time reading and critiquing Ms Penny?
Peter "The discussion is deplorable:"
Fair enough, I'm out.
But Spud, anytime you want to set up a 'Pepsi' challenge. I'm willing to give it a shot,
Good shout!
I think the tide may be about to turn on this one, the misuse of lible law to stifle scientific debate may have finally caused even our self serving legal system to feel a twang of guilt
When a newspaper proprietor at the Leveson Inquiry smugly states he doesn't understand the meaning of the word ethics, can we really be surprised at the levels of dishonesty displayed by the fourth estate?
Isn't this coalition government working on libel law reform? Now there's a truth that Penny is afraid to say.
Has anyone ever been sued for slanderous chanting?
Spot on, although you can't cite Fox News and the lies they peddle on one hand before stating that fact-checkers pore over information before it is released in the States. Surely that's a contradiction in terms, or am I missing something? Feel free to correct me as it sounds like a curious dichotomy.
There is only one reason for the existance of the current libel law in the UK and that is to protect the rich and the powerful. There have been countless recent examples of this (including super-injunctions)which are nothing but an attempt to curb free speech and investigative journalism.
It is rotten to the core.
"and allows presidential attack ads to run on television can hardly be held up as a gold standard for fair and unbiased reporting"
Attack ads are just that, attack ads. They are bought and paid for to sell a product just like your shampoo. How you figure that has anything to do with journalism escapes me. If Fox News was the channel for pinkos you would call it normal under the 1St Amendment, and you would be right.
Make Legal Aid available for libel actions. Or have I missed something?
If the English law of libel is no longer enforceable in America, then why are the American criminalisations of breach of copyright and breach of contract still enforceable through the courts here, in that they continue to order extradition in such cases?
Chir0n
Spud Middledon has just as much right as you to visit these pages and pass comment on Miss Penny. I also have that right, it was her blaringly inaccurate report "Bristol Burning" when it was no such thing that attracted me to her sulky make believe world. How she has ever got so far is a source of amazement to me when able people like Dan Hodges are elbowed out!
"How about if I write the alternative stuff? Or is that cheating?"
Hmmm, so the wager is modified a bit. Now you propose that I will mistake something of Laurie's for something you made up, thus proving your point that made up stuff is less hyperbolic. Am I right?
Very well, and there's no need for five, but I'll leave that choice to you - just say how many of each I should be looking for - or is that cheating?
I meet a British journalist once and she was the most dishonest person i ever meet!!!
Taught to be duplicitous?
So all the over-egging of 'police brutality' and sterotyping of those with opposing points of view is just how you were taught to play the game?
They're fine words Laurie - but forgive me for thinking that they sound somewhat hollow when you consider how disengenous and deliberately misleading you have a habit of being in your writing.
I think its a shame. You're clearly bright and capable and don't lack courage. Cudos for that. You also write very well. More than can be said for many journos.
But your pieces are invariably hyerbolic and misleading rants that pay scant attention to any real facts. Stats are selectively chosen, opposing points of view grotesquely charictured and quotes selectively edited (if many of your interviewees on the 'front line' are to be believed). I know you are far from alone in this - but you do seem to think you hold yourself to a higher standard than, say, a Quentin Letts or a Richard Littlejohn. Frankly I see very little difference.