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.)

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Justin Trudeau points the way forward for European politics

Is the charismatic Canadian Prime Minister modelling the party of the future?

Six months after Canadian election day, Justin Trudeau’s Liberal party continues to bask in the glow of victory. With 44 per cent of support in the polls, the Liberals are the most popular party amongst every single demographic – men and women, young and old, and people of all educational backgrounds. 

While most European mainstream parties only dream of such approval, this is actually a small dip for the Liberals. They were enjoying almost 50 per cent support in the polls up until budget day on 21 March. Even after announcing $29.4 billion in deficit spending, Canadians overall viewed the budget favourably – only 34 per cent said they would vote to defeat it.

Progressives around the world are suddenly intrigued by Canadian politics. Why is Justin Trudeau so successful?

Of course it helps that the new Prime Minister is young, handsome and loves pandas (who doesn’t?) But it’s also true that he was leader of the Liberals for a year and half before the election. He brought with him an initial surge in support for the party. But he also oversaw its steady decline in the lead up to last year’s election – leadership is important, but clearly it isn’t the only factor behind the Liberals’ success today.

Context matters

As disappointing as it is for Europeans seeking to unpack Canadian secrets, the truth is that a large part of the Liberals’ success was also down to the former Prime Minister Stephen Harper’s extreme unpopularity by election time.

Throughout almost ten years in power, Harper shifted Canada markedly to the right. His Conservative government did not just alter policies; it started changing the rules of the democratic game. While centre-right governments in Europe may be implementing policies that progressives dislike, they are nonetheless operating within the constraints of democratic systems (for the most part; Hungary and Poland are exceptions).

Which is why the first weeks of the election campaign were dominated by an ‘Anybody But Harper’ sentiment, benefitting both the Liberals and the left-wing New Democratic Party (NDP). The NDP was even leading the polls for a while, inviting pundits to consider the possibility of a hung parliament.

But eight days before election day, the Liberals began to pull ahead.

The most important reason – and why they continue to be so popular today – is that they were able to own the mantle of ‘change’. They were the only party to promise running a (small) deficit and invest heavily in infrastructure. Notably absent was abstract discourse about tackling inequality. Trudeau’s plan was about fairness for the middle class, promoting social justice and economic growth.

Democratic reform was also a core feature of the Liberal campaign, which the party has maintained in government – Trudeau appointed a new Minister of Democratic Institutions and promised a change in the voting system before the next election.

The change has also been in style, however. Justin Trudeau is rebranding Canada as an open, progressive, plural society. Even though this was Canada’s reputation pre-Harper, it is not as simple as turning back the clock.

In a world increasingly taken by populist rhetoric on immigration – not just by politicians like Donald Trump, Nigel Farage, Marine Le Pen and other right-wingers, but also increasingly by mainstream politicians of right and left – Justin Trudeau has been unashamedly proclaiming the benefits of living in a diverse, plural society. He repeatedly calls himself a feminist, in the hope that one day “it is met with a shrug” rather than a social media explosion. Live-streamed Global Town Halls are one part of a renewed openness with the media. Progressive politicians in Europe would do well to take note.

Questioning the role of political parties today

Another interesting development is that the Liberal party is implicitly questioning the point of parties today. It recently abolished fee-paying, card-carrying party members. While this has been met with some criticism regarding the party’s structure and integrity, with commentators worried that “it’s the equivalent of turning your party into one giant Facebook page: Click ‘Like’ and you’re in the club,” it seems this is the point.

Colin Horgan, one of Trudeau’s former speechwriters, explains that Facebook is “literally a treasure trove for political parties”. All kinds of information becomes available – for free; supporters become easier to contact.

It was something the Liberals were already hinting at two years ago when they introduced a ‘supporters’ category to make the party appear more open. Liberal president Anna Gainey also used the word “movement” to describe what the Liberals hope to be.

And yes, they are trying to win over millennials. Which proved to be a good strategy, as a new study shows that Canadians aged 18-25 were a key reason why the Liberals won a majority. Young voter turnout was up by 12 per cent from the last election in 2011; among this age group, 45 per cent voted for the Liberals.

Some interesting questions for European progressives to consider. Of course, some of the newer political parties in Europe have already been experimenting with looser membership structures and less hierarchical ways of engaging, like Podemos’ ‘circles’ in Spain and the Five Star Movement’s ‘liquid democracy’ in Italy.

The British centre-left may be hesitant after its recent fiasco. Labour opened up its leadership primary to ‘supporters’ and ended up with a polarising leader who is extremely popular amongst members, but unpopular amongst the British public. But it would be wrong to assume that the process was to blame.

The better comparison is perhaps to Emmanuel Macron, France’s young economy minister who recently launched his own movement ‘En Marche !’ Moving beyond the traditional party structure, he is attempting to unite ‘right’ and ‘left’ by inspiring French people with an optimistic vision of the future. Time will tell whether this works to engage people in the longer term, or at least until next year’s presidential election.

In any case, European parties could start by asking themselves: What kind of political parties are they? What is the point of them?

Most importantly: What do they want people to think is the point of them?

Ultimately, the Canadian Liberals’ model of success rests on three main pillars:

  1. They unambiguously promote and defend a progressive, open, plural vision of society.
  2. They have a coherent economic plan focused on social justice and economic growth which, most importantly, they are trusted to deliver.
  3. They understand that society has changed – people are more interconnected than ever, relationships are less hierarchical and networks exist online – and they are adapting a once rigid party structure into a looser, open movement to reflect that.

*And as a bonus, a young, charismatic leader doesn’t hurt either.

Claudia Chwalisz is a Senior Policy Researcher at Policy Network, a Crook Public Service Fellow at the University of Sheffield and author of The Populist Signal: Why Politics and Democracy Need to Change