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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Metro mayors can help Labour return to government

Labour champions in the new city regions can help their party at the national level too.

2017 will mark the inaugural elections of directly-elected metro mayors across England. In all cases, these mayor and cabinet combined authorities are situated in Labour heartlands, and as such Labour should look confidently at winning the whole slate.

Beyond the good press winning again will generate, these offices provide an avenue for Labour to showcase good governance, and imperatively, provide vocal opposition to the constraints of local government by Tory cuts.

The introduction of the Mayor of London in 2000 has provided a blueprint for how the media can provide a platform for media-friendly leadership. It has also demonstrated the ease that the office allows for attribution of successes to that individual and party – or misappropriated in context of Boris Bikes and to a lesser extent the London Olympics.

While without the same extent of the powers of the sui generis mayor of the capital, the prospect of additional metro-mayors provide an opportunity for replicating these successes while providing experience for Labour big-hitters to develop themselves in government. This opportunity hasn’t gone unnoticed, and after Sadiq Khan’s victory in London has shown that the role can grow beyond the limitations – perceived or otherwise - of the Corbyn shadow cabinet while strengthening team Labour’s credibility by actually being in power.

Shadow Health Secretary and former leadership candidate Andy Burnham’s announcement last week for Greater Manchester was the first big hitter to make his intention known. The rising star of Luciana Berger, another member of Labour’s health team, is known to be considering a run in the Liverpool City Region. Could we also see them joined by the juggernaut of Liam Byrne in the West Midlands, or next-generation Catherine McKinnell in the North East?

If we can get a pantheon of champions elected across these city regions, to what extent can this have an influence on national elections? These new metro areas represent around 11.5 million people, rising to over 20 million if you include Sadiq’s Greater London. While no doubt that is an impressive audience that our Labour pantheon are able to demonstrate leadership to, there are limitations. 80 of the 94 existing Westminster seats who are covered under the jurisdiction of the new metro-mayors are already Labour seats. While imperative to solidify our current base for any potential further electoral decline, in order to maximise the impact that this team can have on Labour’s resurgence there needs to be visibility beyond residents.

The impact of business is one example where such influence can be extended. Andy Burnham for example has outlined his case to make Greater Manchester the creative capital of the UK. According to the ONS about 150,000 people commute into Greater Manchester, which is two constituency’s worth of people that can be directly influenced by the Mayor of Greater Manchester.

Despite these calculations and similar ones that can be made in other city-regions, the real opportunity with selecting the right Labour candidates is the media impact these champion mayors can make on the national debate. This projects the influence from the relatively-safe Labour regions across the country. This is particularly important to press the blame of any tightening of belts in local fiscal policy on the national Tory government’s cuts. We need individuals who have characteristics of cabinet-level experience, inspiring leadership, high profile campaigning experience and tough talking opposition credentials to support the national party leadership put the Tory’s on the narrative back foot.

That is not to say there are not fine local council leaders and technocrats who’s experience and governance experience at vital to Labour producing local successes. But the media don’t really care who number two is, and these individuals are best serving the national agenda for the party if they support A-listers who can shine a bright spotlight on our successes and Tory mismanagement.

If Jeremy Corbyn and the party are able to topple the Conservatives come next election, then all the better that we have a diverse team playing their part both on the front bench and in the pantheon of metro-mayors. If despite our best efforts Jeremy’s leadership falls short, then we will have experienced leaders in waiting who have been able to afford some distance from the front-bench, untainted and able to take the party’s plan B forward.