Social media in perspective

Why there are grounds for optimism.

Until about ten or so years ago, it was actually quite difficult to publish or broadcast to the world. You could perhaps hire a vanity publisher, or produce pamphlets and hand them out in your High Street. Or you could start a pirate radio station. But, in general terms, the means of publication and broadcast were in the hands of the few, not the many. 

You may have been able to share your ideas or information with your friends, or write letters to distant correspondents; but there were real and substantial checks on you circulating what you had to say to the public at large. The best you could perhaps hope for would be a letter to the newspaper, published at the behest of the editor, or a call to some phone-in programme, which could then be cut off any moment.

In those days to be published or broadcast usually involved a complicated process of being commissioned, edited, and “lawyered”. Only when certain steps were taken would a publication or broadcast be let loose on the public. And on publication or broadcast, certain areas of law would be engaged. You could then be sued or prosecuted for what you chose to deliberately put into the public domain; but there was often little real risk of facing the law in such ways, just because of the onerous process involved to have even got that far.

Now everyone with an internet connection, and access to an appropriate social media or blogging platform, can now publish or broadcast to the world, and they can do so at a simple press of a button. However, the legal obligations essentially remain the same, but without those editors and lawyers who would minimise or eliminate any risk as part of the process. We are all potential publishers and broadcasters, and the law treats us just as if we were faceless media corporations.

Some suggest that social media should somehow be “regulated”.  It is not clear what this would mean. For example, to “regulate” something usually means that there are powers to prevent certain actions.  But one may as well seek to regulate breathing or the tides, insofar that any attempts to apply formal prohibitions would work in respect of social media. All because one asserts that something should be regulated does not mean it is, in fact, capable of being regulated.

So we are now in a situation where it is possible for anyone in principle to publish what they want to everyone else. For some that is, of course, a troublesome notion. One only has to think about those who recently named a rape victim to realise that with this great power can come great irresponsibility. More recently there have been other example of people tweeting and blogging things which, had they applied a moment’s thought, they would not have done.

But it is not remarkable that there have been so many examples of abuses in social media, but that there have been so few. And this is why there are grounds for optimism. The fear of the “mob” can be valid. However, it is not always the case that handing power to people will end in disaster.

In the mid-1800s, otherwise sensible politicians were against giving people something as politically significant as the franchise. Centuries before, some Christian leaders were against allowing their fellow worshippers direct access to scripture (and a few still do). In all these cases, there was a sincere concern that people will tend to misuse new powers. We may be mature enough to conduct our private affairs, the argument seems to have been, and to pay taxes and serve on juries, and to kill other human beings in wars; but it would be quite out of the question to trust us with anything of wider import.

In ten or so years, when being able to publish or broadcast to the world is as much a commonplace as being able to telephone Australia, we may look back at this current nervousness with bemusement. And it may well be that by then tweeting or blogging without appropriate thought will be like crossing a road without looking, the preserve of idiots and the reckless. 

Being able to publish and broadcast our ideas beyond our immediate circle means that artificial holds certain media and political elites have over flows of information will break down, and that ultimately is a good thing even if, at the current time, there are painful pangs of a new development.


David Allen Green is legal correspondent of the New Statesman and was solicitor for Paul Chambers in the successful appeal in the “TwitterJokeTrial” case.

The fear of the “mob” can be valid, but not always. Image: 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.)

Photo: Getty Images
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When will the government take action to tackle the plight of circus animals?

Britain is lagging behind the rest of the world - and innocent animals are paying the price. 

It has been more than a year since the Prime Minister reiterated his commitment to passing legislation to impose a ban on the suffering of circus animals in England and Wales. How long does it take to get something done in Parliament?

I was an MP for more than two decades, so that’s a rhetorical question. I’m well aware that important issues like this one can drag on, but the continued lack of action to help stop the suffering of animals in circuses is indefensible.

Although the vast majority of the British public doesn’t want wild animals used in circuses (a public consultation on the issue found that more than 94 per cent of the public wanted to see a ban implemented and the Prime Minister promised to prohibit the practice by January 2015, no government bill on this issue was introduced during the last parliament.

A private member’s bill, introduced in 2013, was repeatedly blocked in the House of Commons by three MPs, so it needs a government bill to be laid if we are to have any hope of seeing this practice banned.

This colossal waste of time shames Britain, while all around the world, governments have been taking decisive action to stop the abuse of wild animals in circuses. Just last month, Catalonia’s Parliament overwhelmingly voted to ban it. While our own lawmakers dragged their feet, the Netherlands approved a ban that comes into effect later this year, as did Malta and Mexico. Ringling Bros. and Barnum & Bailey Circus, North America’s longest-running circus, has pledged to retire all the elephants it uses by 2018. Even in Iran, a country with precious few animal-welfare laws, 14 states have banned this archaic form of entertainment. Are we really lagging behind Iran?

The writing has long been on the wall. Only two English circuses are still clinging to this antiquated tradition of using wild animals, so implementing a ban would have very little bearing on businesses operating in England and Wales. But it would have a very positive impact on the animals still being exploited.

Every day that this legislation is delayed is another one of misery for the large wild animals, including tigers, being hauled around the country in circus wagons. Existing in cramped cages and denied everything that gives their lives meaning, animals become lethargic and depressed. Their spirits broken, many develop neurotic and abnormal behaviour, such as biting the bars of their cages and constantly pacing. It’s little wonder that such tormented creatures die far short of their natural life spans.

Watching a tiger jump through a fiery hoop may be entertaining to some, but we should all be aware of what it entails for the animal. UK laws require that animals be provided with a good quality of life, but the cruelty inherent in confining big, wild animals, who would roam miles in the wild, to small, cramped spaces and forcing them to engage in unnatural and confusing spectacles makes that impossible in circuses.

Those who agree with me can join PETA’s campaign to urge government to listen to the public and give such animals a chance to live as nature intended.


The Right Honourable Ann Widdecombe was an MP for 23 years and served as Shadow Home Secretary. She is a novelist, documentary maker and newspaper columnist.