Involving the police is not the way to teach trolls a lesson

People have a right to be angry.

Another day, another Twitter controversy. Less than a week after Paul Chambers heard that the appeal against his conviction in the so-called Twitter joke trial had been upheld, we hear that the police have arrested another person for something written on Twitter.

The person arrested is a 17-year-old, who sent messages to the British Olympic diver Tom Daley. In one tweet, the troll said “u let ur dad down” and in another (later deleted) said that Daley should be drowned. It must be assumed that it is this language of violence which led to the arrest.

When it comes to the limits of free expression, context is important. The messages were deeply unpleasant, but did not appear to include any specifics. The teenager was in Plymouth, not in the Stratford Aquatics Centre. He did not call for others to take a specific action. This appears to be the kind of outburst that is commonplace in a noisy, modern, and connected society. The referees of every professional football match receive similar threats every weekend. Edwina Currie said that tax exiles should be shot. Jeremy Clarkson wants to murder the entire public sector. We often hear calls for bankers to be hanged. Outlawing this kind of speech might seem desirable in theory, but would be chaotic in practice. 

The outrage against these tweets (and by extension, a justification for the police intervention) is that Tom Daley is a national treasure. This is true, but laws cannot only protect people we like – they need to work equally well for everyone. If another, less popular, athlete receives similar abuse, will there be similar outcry?

In fact, one could argue that death threats to public figures are less important than those directed at ordinary people. If a schoolboy living in one of the East London boroughs around the Olympic park receives a tweeted death threat today, it is likely to be from someone he knows and who he actually meets every day. This kind of bullying is much more serious that the "remote" trolling experienced by members of Team GB.

Daley, meanwhile, has a legion of supporters. He seems to be perfectly capable of dealing with trolls like this without the police being involved. His response to the unpleasant tweets was classy – he re-tweeted them! The troll then received a heavy social punishment – thousands of people wrote in solidarity with Daley. His antagonist was so humiliated that he later posted some gushing apologies. The storm should have ended there. What happens on Twitter, stays on Twitter. When confronted with offensive and threatening words, it is usually better to respond in the same medium. Fight a book with a book, a play with a play, a tweet with a tweet. Police involvement might teach that troll a lesson, but it also "chills" other people’s free expression. People have a right to be angry.

In the coming days, we may hear from a few luddites (almost certainly members of one or other of the Houses of Parliament) decry Twitter and the internet as somehow inspiring this hate. This is of course rubbish. Poor taste jokes and vocalised wishes that certain public figures should die horribly have always been a feature of discourse. Before, these comments were lost in the din of a crowded pub. Now, they find a kind of semi-permanence on Twitter, which gives them a credibility they do not deserve. However we respond to this new kind of speech, let’s not confuse the medium with the message.

Robert Sharp is head of campaigns & communications at English PEN

 

Tom Daley received malicious tweets after he missed out on a medal at the Olympics. Photograph: Getty Images
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An Irish Sea border – and 3 other tricky options for Northern Ireland after Brexit

There is no easy option for Northern Ireland after Brexit. 

Deciding on post-Brexit border arrangements between Northern Ireland and the Irish Republic is becoming an issue for which the phrase "the devil is in the detail" could have been coined. Finding a satisfactory solution that delivers a border flexible enough not to damage international trade and commerce and doesn’t undermine the spirit, or the letter, of the Good Friday Agreement settlement is foxing Whitehall’s brightest.

The dial seemed to have settled on David Davis’s suggestion that there could be a "digital border" with security cameras and pre-registered cargo as a preferred alternative to a "hard border" replete with checkpoints and watchtowers.

However the Brexit secretary’s suggestion has been scotched by the new Irish foreign minister, Simon Coveney, who says electronic solutions are "not going to work". Today’s Times quotes him saying that "any barrier or border on the island of Ireland in my view risks undermining a very hard-won peace process" and that there is a need to ensure the "free movement of people and goods and services and livelihoods".

The EU’s chief Brexit negotiator, Michel Barnier, has made dealing with the Irish border question one of his top three priorities before discussions on trade deals can begin. British ministers are going to have to make-up their minds which one of four unpalatable options they are going to choose:

1. Hard border

The first is to ignore Dublin (and just about everybody in Northern Ireland for that matter) and institute a hard border along the 310-mile demarcation between Northern Ireland and the Irish Republic. Given it takes in fields, rivers and forests it’s pretty unenforceable without a Trump-style wall. More practically, it would devastate trade and free movement. Metaphorically, it would be a powerful symbol of division and entirely contrary to the spirit of the Good Friday Agreement. The Police Federation in Northern Ireland has also warned it would make police officers "sitting ducks for terrorists". Moreover, the Irish government will never agree to this course. With the EU in their corner, there is effectively zero chance of this happening.

2. Northern EU-land

The second option is to actually keep Northern Ireland inside the EU: offering it so-called "special status". This would avoid the difficulty of enforcing the border and even accord with the wishes of 56 per cent of the Northern Irish electorate who voted to Remain in the EU. Crucially, it would see Northern Ireland able to retain the £600m a year it currently receives from the EU. This is pushed by Sinn Fein and does have a powerful logic, but it would be a massive embarrassment for the British Government and lead to Scotland (and possibly London?) demanding similar treatment.

3. Natural assets

The third option is that suggested by the Irish government in the Times story today, namely a soft border with customs and passport controls at embarkation points on the island of Ireland, using the Irish Sea as a hard border (or certainly a wet one). This option is in play, if for no other reason than the Irish government is suggesting it. Again, unionists will be unhappy as it requires Britain to treat the island of Ireland as a single entity with border and possibly customs checks at ports and airports. There is a neat administrate logic to it, but it means people travelling from Northern Ireland to "mainland" Britain would need to show their passports, which will enrage unionists as it effectively makes them foreigners.

4. Irish reunification

Unpalatable as that would be for unionists, the fourth option is simply to recognise that Northern Ireland is now utterly anomalous and start a proper conversation about Irish reunification as a means to address the border issue once and for all. This would see both governments acting as persuaders to try and build consent and accelerate trends to reunify the island constitutionally. This would involve twin referendums in both Northern Ireland and the Republic (a measure allowed for in the Good Friday Agreement). Given Philip Hammond is warning that transitional arrangements could last three years, this might occur after Brexit in 2019, perhaps as late as the early 2020s, with interim arrangements in the meantime. Demographic trends pointing to a Catholic-nationalist majority in Northern Ireland would, in all likelihood require a referendum by then anyway. The opportunity here is to make necessity the mother of invention, using Brexit to bring Northern Ireland’s constitutional status to a head and deal decisively with the matter once and for all.

In short, ministers have no easy options, however time is now a factor and they will soon have to draw the line on, well, drawing the line.

Kevin Meagher is a former special adviser at the Northern Ireland Office and author of "A United Ireland: Why unification is inevitable and how it will come about"

Kevin Meagher is associate editor of Labour Uncut and a former special adviser at the Northern Ireland office.