Can every Twitter user be expected to factcheck Newsnight?

As the Lord McAlpine case shows, at some point we have to trust news organisations to tell us the truth.

I’m sure everyone has reached saturation point on the Lord McAlpine affair – I know I have. However, the dozens of articles and opinions I have read seem to have missed a rather central point. It is this: the person talked about on Twitter as the subject of that Newsnight report, actually, was the person that was the subject of that Newsnight report.

Lord McAlpine’s lawyers make no distinction between people commenting on Twitter before or after the Newsnight report. This is crucial. Because from that point on, we are not talking about speculation. We are not talking about a celebrity or a journalist getting the wrong end of the stick and naming the wrong person.

We are talking about people accurately putting together the easy puzzle that Newsnight aired. To my mind, this relegates Lord McAlpine’s extraordinary attack on tens of thousands of ordinary social media users to the realm of ludicrous. Because what it says, very directly, is that one cannot comment on the news without independently verified sources of one’s own.

If I, as the man on the Clapham omnibus, cannot reasonably assume that the information passed to me by one of the most respected news programmes of one of the most respected news outlets is accurate, I am effectively gagged from commenting on it. Or anything reported anywhere.

The alternative is that each one of us is required to seek out and interview witnesses and make a personal assessment of whether we believe a story or not. This is a ridiculous notion. How do I find out about MPs' expenses (remember at the time of the expenses scandal they were not published). How do I confirm a Times report which says, “a document leaked to us says X”?

The BBC may have had unreliable sources and got their investigation wrong. But the thousands of people who commented on the matter had a source hitherto believed to be one of the most unimpeachable; the BBC.

There is such a thing as "a proportionate reaction". If there was any doubt that McAlpine had been accused in error, I would fully support his attempt to clear his name. But that is not the case here. The fact that he was unfairly accused has now been registered and publicised much more widely than the original accusation.

In the absence of any such denial, of any persisting rumour, of any permanent damage to his reputation, to threaten to sue tens of thousands of people for discussing an accusation made by the state broadcaster, seems to me to be either a nonsense or the continuation of a distateful historical trend; the law of defamation being used by those with vast resources in order to silence those with no such resources.

The law on this issue is not a settled matter, as many quasi-experts would have you believe. It is a constantly evolving precedent – especially when it comes to new technologies. Common sense plays a huge part in assessing where lines ought to be drawn.

By the time Phillip Schofield presented David Cameron with his infamous list on ITV the next morning, people commenting on the matter were supported by two sources; the BBC and ITV. At what point would Lord McAlpine’s lawyers suggest that it is acceptable for ordinary folks to discuss the news? In their search for lucrative settlements, they would, no doubt, suggest “never”.

I disagree. When a story is put out as news by an organisation holding itself out to be a reliable news source, the buck must stop there. Otherwise public debate is forever stifled.

The buck has to stop with the "trusted" news source. Photograph: Getty Images

Greek-born, Alex Andreou has a background in law and economics. He runs the Sturdy Beggars Theatre Company and blogs here You can find him on twitter @sturdyalex

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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