Sally Bercow aptly demonstrates that media laws are designed for a different century

"Don't break this law which we can't tell you."

So Sally Bercow appears to have quit the Twitters for good. She already was on thin ice following the legal threats from Lord McAlpine, who was understandably miffed that she named him on Twitter during speculation following a Newsnight report; but she plummeted straight through it when she was accused of breaching a section 39 order, under the Children and Young Persons Act 1933, for naming a schoolgirl who allegedly ran away with her teacher.

A parenthetical, here: a lot of people, on Twitter and elsewhere, are angry that Bercow is in trouble for this, because they rightly point out that the girl had previously been named.

Section 39 orders are used to protect the identity of children who appear, or are likely to appear, in court as witnesses, victims or suspects. They are discretionary, and so can be placed by the courts when they think appropriate. Typically, this is as soon as a court case looks on the cards, which is why the vast majority of children involved in such cases are never named. Occasionally, however, it is in the child's interest to allow their name to be publicised; maybe to encourage witnesses to come forward, to appeal to the public for help, or to track down a missing person. When that need has passed, the section 39 order can be placed as normal.

But what is important is that this is done in the child's interest. Being a witness, victim, or suspect as a young person can be traumatising, and the system is set up to allow those people to not have their name forever linked with a bad period in their early lives. Yes, it is hard to make the internet forget anything, and the Streisand effect is probably, unfortunately, going to be invoked by people. But this isn't the state crushing free speech to protect the interests of the rich and powerful; it is the state attempting to protect a vulnerable child. So please, don't start spreading that child's identity around as a knee-jerk response to Bercow's troubles.

Parenthetical over. The problem raised by Bercow's reported breaching of the order is that, as mentioned, section 39 orders are discretionary. While, as a lay person with a good knowledge of media law, it's possible to guess that whether such an order has been placed by looking at whether a child's name suddenly disappears from the press, the only way to know for sure is to be a journalist at a newspaper which gets sent the orders.

This is, frankly, a system which isn't fit for purpose in an age when nearly everyone in the country regularly uses tools which are capable of breaching those orders. The same is true of other media blackouts, like injunctions: the press is told of them, but they apply to the public as well. It has rightly never been a defence that one didn't know the law they were breaking – but when it isn't even possible to know the law you are breaking, you can perhaps feel slightly annoyed if you then accidentally get in trouble.

It's hard to know what would be better, of course. Publishing a list of the identities which can't be published is clearly counterproductive; yet we don't want to abandon the system altogether. It may be that the best option really is that mooted by Keir Starmer: an agreement that twitterers with few followers won't be prosecuted. That still leaves those who have ended up with thousands of followers facing the full wrath of the law – or, like Bercow, quitting until they take a course in media law – but it would at least minimise harm done to the vast majority of people using social networks.

In one final twist to the tale, just before Bercow's account was deleted, she appears to have been hacked. This tweet was posted late last night:

So it may not be the case that Bercow herself even deleted her account. We'll see.

As this piece involves multiple ongoing and potential court cases, comments are disabled.

Sally Bercow's former twitter page.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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After the “Tatler Tory” bullying scandal, we must ask: what is the point of party youth wings?

A zealous desire for ideological purity, the influence of TV shows like House of Cards and a gossip mill ever-hungry for content means that the youth wings of political parties can be extremely toxic places.

If you wander around Westminster these days, it feels like you’re stepping into a particularly well-informed crèche. Everyone looks about 13; no one has ever had a job outside the party they are working for. Most of them are working for an absolute pittance, affordable only because Mummy and Daddy are happy to indulge junior’s political ambitions.

It’s this weird world of parliament being dominated by under 25s that means the Tory youth wing bullying scandal is more than just a tragic tale. If you haven’t followed it, it’s one of the most depressing stories I’ve ever read; a tale of thirty-something, emotionally-stunted nonentities throwing their weight around at kids – and a promising, bright young man has died as a result of it.

One of the most depressing things was that the stakes were so incredibly low. People inside RoadTrip 2015 (the campaigning organisation at the centre of the scandal) cultivated the idea that they were powerbrokers, that jumping on a RoadTrip bus was a vital precondition to getting a job at central office and eventually a safe seat, yet the truth was nothing of the sort.

While it’s an extreme example, I’m sure it happens in every political party all around the world – I’ve certainly seen similar spectacles in both the campus wings of the Democrats and Republicans in the US, and if Twitter is anything to go by, young Labour supporters are currently locked in a brutal battle over who is loyal to the party, and who is a crypto-Blairite who can “fuck off and join the Tories”. 

If you spend much time around these young politicians, you’ll often hear truly outrageous views, expressed with all the absolute certainty of someone who knows nothing and wants to show off how ideologically pure they are. This vein of idiocy is exactly where nightmarish incidents like the notorious “Hang Mandela” T-shirts of the 1980s come from.

When these views have the backing of an official party organisation, it becomes easy for them to become an embarrassment. Even though the shameful Mandela episode was 30 years ago and perpetrated by a tiny splinter group, it’s still waved as a bloody shirt at Tory candidates even now.

There’s also a level of weirdness and unreality around people who get obsessed with politics at about 16, where they start to view everything through an ideological lens. I remember going to a young LGBT Republican film screening of Billy Elliot, which began with an introduction about how the film was a tribute to Reagan and Thatcher’s economics, because without the mines closing, young gay men would never found themselves through dance. Well, I suppose it’s one interpretation, but it’s not what I took away from the film.

The inexperience of youth also leads to people in politics making decisions based on things they’ve watched on TV, rather than any life experience. Ask any young politician their favourite TV show, and I guarantee they’ll come back with House of Cards or The Thick of It. Like young traders who are obsessed with Wolf of Wall Street, they don’t see that all the characters in these shows are horrific grotesques, and the tactics of these shows get deployed in real life – especially when you stir in a healthy dose of immature high school social climbing.

In this democratised world of everyone having the ear of the political gossip sites that can make or break reputations, some get their taste for mudslinging early. I was shocked when a young Tory staffer told me “it’s always so upsetting when you find out it’s one of your friends who has briefed against you”. 

Anecdotes aside, the fact that the youth wings of our political parties are overrun with oddballs genuinely worries me. The RoadTrip scandal shows us where this brutal, bitchy cannibalistic atmosphere ends up.

Willard Foxton is a card-carrying Tory, and in his spare time a freelance television producer, who makes current affairs films for the BBC and Channel 4. Find him on Twitter as @WillardFoxton.