What “freedom of the press” should mean

The new pamphleteers.

The phrase “freedom of the press” is perhaps so familiar that its historical origin, and its possible meanings, can be overlooked. 

The “press” to which it refers is often identified by many in England with the big-P Press of Fleet Street: the professional journalists who have “press cards” and go along to “press awards”; the very sort of people who we imagine once upon a time wore “press hats”, were inspired by Scoop, and regularly gossiped and drank at El Vinos. 

Here, the “freedom of the press” is the general right of the gentlemen and ladies of the Fourth Estate to do as they wish without impediment.

But this may not be the best way of understanding the term.  In fact, the expression “freedom of the press” significantly predates the existence of the modern newspaper industry, which was largely a product of the late 1800s and early 1900s.  Instead, the expression “freedom of the press” came out of the great age of pamphleteering and protest which occurred during and after the civil wars in Britain of the mid-1600s.  The actual formulation seems to have been first used in the 1660s, although the concept was promoted emphatically a couple of decades before by John Milton in his Areopagitica of 1644.

So when the term was first deployed it was not a label for the privileges of any big “P” Press consisting of a professional journalistic class working on a finite number of publications, for such a class of people did not then exist.  It would appear to have had a more straightforward meaning: it described the general right of every person to have access to and make use of (literally) a press so as to publish to the world at large, without the intervention of licensors or censors. 

In this way “freedom of the press” was not some entitlement of a media elite but a more basic right of anyone to circulate their ideas more widely than they could do simply by themselves.

And this general freedom was crucial.  Before the rise of newspapers, and long before the extensions of the franchise and the existence of telecommunications and broadcast media, any right to free expression would have had little effect if all what one said or wrote was limited to being received by those around you and your correspondents.  The ability to physically mass publish material was the key means by which wider circulation could be gained for a contribution on a matter of general importance.

If “freedom of the press” is taken with this meaning then its application to internet-based communication is obvious.  Computers, mobile telephones, and tablets have replaced presses as the means by which any person can publish their opinions to the world and assert unwelcome facts in the face of the powerful.  Accordingly, blogging and tweeting are more akin to pamphleteering than newspaper reporting.  And like pamphleteers, bloggers and tweeters are fully subject to the perils of the law of the land but not to any sector-specific regulatory code. 

Sometimes one hears politicians and others talk of “regulating blogging” as if just by saying it makes it a practical possibility.  However, any attempt to license blogging is as inherently absurd and likely to be as futile as an attempt to license pamphleteers; the whole point is that anyone can go off and produce a pamphlet just as anyone can now write on the internet and seek the public’s attention.  This does not mean that the blogger is free from the laws relating to, say, libel or copyright; but it does mean that, subject to the general law, they can publish and even broadcast on the internet as they please.  It is this ability for anyone to publish which may now be a better meaning of “freedom of the press”.

For, as Nick Cohen has recently argued, we are all journalists now.

 

 

David Allen Green is legal correspondent of the New Statesman and the author of the Jack of Kent blog.

A bas-relief (c. 1450) of the German printing pioneer Johannes Gutenberg checking his work while his assistant turns the press. Photo: Getty Images

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.)

Ukip's Nigel Farage and Paul Nuttall. Photo: Getty
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Is the general election 2017 the end of Ukip?

Ukip led the way to Brexit, but now the party is on less than 10 per cent in the polls. 

Ukip could be finished. Ukip has only ever had two MPs, but it held an outside influence on politics: without it, we’d probably never have had the EU referendum. But Brexit has turned Ukip into a single-issue party without an issue. Ukip’s sole remaining MP, Douglas Carswell, left the party in March 2017, and told Sky News’ Adam Boulton that there was “no point” to the party anymore. 

Not everyone in Ukip has given up, though: Nigel Farage told Peston on Sunday that Ukip “will survive”, and current leader Paul Nuttall will be contesting a seat this year. But Ukip is standing in fewer constituencies than last time thanks to a shortage of both money and people. Who benefits if Ukip is finished? It’s likely to be the Tories. 

Is Ukip finished? 

What are Ukip's poll ratings?

Ukip’s poll ratings peaked in June 2016 at 16 per cent. Since the leave campaign’s success, that has steadily declined so that Ukip is going into the 2017 general election on 4 per cent, according to the latest polls. If the polls can be trusted, that’s a serious collapse.

Can Ukip get anymore MPs?

In the 2015 general election Ukip contested nearly every seat and got 13 per cent of the vote, making it the third biggest party (although is only returned one MP). Now Ukip is reportedly struggling to find candidates and could stand in as few as 100 seats. Ukip leader Paul Nuttall will stand in Boston and Skegness, but both ex-leader Nigel Farage and donor Arron Banks have ruled themselves out of running this time.

How many members does Ukip have?

Ukip’s membership declined from 45,994 at the 2015 general election to 39,000 in 2016. That’s a worrying sign for any political party, which relies on grassroots memberships to put in the campaigning legwork.

What does Ukip's decline mean for Labour and the Conservatives? 

The rise of Ukip took votes from both the Conservatives and Labour, with a nationalist message that appealed to disaffected voters from both right and left. But the decline of Ukip only seems to be helping the Conservatives. Stephen Bush has written about how in Wales voting Ukip seems to have been a gateway drug for traditional Labour voters who are now backing the mainstream right; so the voters Ukip took from the Conservatives are reverting to the Conservatives, and the ones they took from Labour are transferring to the Conservatives too.

Ukip might be finished as an electoral force, but its influence on the rest of British politics will be felt for many years yet. 

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