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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Why Chris Grayling is Jeremy Corbyn's secret weapon

The housing crisis is Labour's best asset - and Chris Grayling is making it worse. 

It feels like the classic Conservative story: wait until the election is over, then cancel spending in areas that have the temerity to vote Labour. The electrification of rail routes from Cardiff to Swansea – scrapped. So too is the electrification of the Leeds to Manchester route – and of the Midland main line.

But Crossrail 2, which runs from north to south across London and deep into the capital's outer satellites, including that of Transport Secretary Chris Grayling, will go ahead as planned.

It would be grim but effective politics if the Conservatives were pouring money into the seats they won or lost narrowly. There are 25 seats that the Conservatives can take with a swing of 1 per cent from Labour to Tory, and 30 seats that they would lose with a swing of 1 per cent from Tory to Labour.

It wouldn’t be at all surprising if the Conservatives were making spending decisions with an eye on what you might call the frontline 55. But what they’re actually doing is taking money away from north-west marginal constituencies – and lavishing cash on increasingly Labour London. In doing that, they’re actually making their electoral headache worse.

How so? As I’ve written before, the biggest problem for the Conservatives in the long term is simply that not enough people are getting on the housing ladder. That is hurting them in two ways. The first is straightforward: economically-driven voters are not turning blue when they turn 30 because they are not either on or about to mount the first rungs of the housing ladder. More than half of 30-year-olds were mortgage-payers in 1992, when John Major won an unexpected Conservative majority, while under a third were in 2017, when Theresa May unexpectedly lost hers.

But it is also hurting them because culturally-driven voters are getting on the housing ladder, but by moving out of areas where Labour’s socially-concerned core vote congregates in great numbers, and into formerly safe or at least marginal Conservative seats. That effect has reached what might be its final, and for the Conservatives, deadly form in Brighton. All three of the Brighton constituencies – Hove, Brighton Kemptown and Brighton Pavilion – were Conservative-held in 1992. Now none of them are. In Pavilion they are third, and the smallest majority they have to overcome is 9,868, in Kemptown. The same effect helped reduce Amber Rudd’s majority in Hastings, also in East Sussex, to 346.

The bad news for the Conservatives is that the constituencies of Crawley, Reading, Swindon and in the longer-term, Bracknell, all look like Brightons in the making: although only Reading East fell to Labour this time, all saw swings bigger than the national average and all are seeing increasing migration by culturally-driven left-wing voters away from safe Labour seats. All are seeing what you might call “Hackneyfication”: commuters moving from inner city seats but taking their politics with them.

Add to that forced migration from inner London to seats like Iain Duncan Smith’s in Chingford – once a Conservative fortress, now a razor-thin marginal – and even before you add in the appeal of Jeremy Corbyn’s person and platform, the electoral picture for the Conservatives looks bleak.

(It should go without saying that voters are driven by both economics and culture. The binary I’ve used here is simplistic but helpful to understand the growing demographic pressures on the Conservatives.)

There is actually a solution here for the Tories. It’s both to build more housing but also to rebalance the British economy, because the housing crisis in London and the south is driven by the jobs and connectivity crisis in the rest of the United Kingdom.

Or, instead, they could have a number of measures designed to make London’s economy stride still further ahead of the rest, serviced by 5 per cent mortgages and growing numbers of commuter rail services to facilitate a growing volume of consumers from London’s satellite towns, all of which only increase the electoral pressures on their party. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.