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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OK, let's do this: who REALLY won Legs-It? An exclusive investigation

Look, some of you just aren't treating this question with the seriousness it deserves. 

This morning, the Daily Mail front page dared to look past the minutiae of Brexit - can my EU partner still live here? Why is my holiday so expensive? Should we be worried that David Davis looks like a man who's ended up a minister because he lost a bet? - to ask the really big question. 

Yes, indeed. Who is Top of the Tibia? Who shines in the shin department? Which of these impressive, powerful women has lower limbs which best conform to our arbitrary beauty standards? 

In the accompanying article, Sarah Vine (herself the owner of not one, but TWO lower limbs) wrote that the women put on a show of unity with "two sets of hands clasped calmly on the arms of their respective chairs", disdaining the usual diplomatic practice of accompanying discussions about Article 50 with a solemn, silent re-enactment of the Macarena.

Vine adds: "But what stands out here are the legs – and the vast expanse on show. There is no doubt that both women consider their pins to be the finest weapon in their physical arsenal. Consequently, both have been unsheathed." That's right, people: Theresa May has been unafraid to wear a skirt, rather than a pair of trousers with one leg rolled up like LL Cool J. A departure for Mrs May, to be sure, but these are uncertain times and showing off just one calf might see the stock markets plunge.

The prime minister has come to the bold decision that her legs are the "finest weapons in her physical armoury", when others might argue it's the sharp, retractable venom-filled spurs on her fore-limbs. (Oh wait, my mistake. That's the duck-billed platypus.)

As ever, the bien-pensant left is squawking about sexism and avoiding the real issue: who really won Legs-it? Well, there will be no handwringing over how this is a belittling way to treat two female politicians here, thank you very much. We shall not dwell on the fact that wearing a skirt while doing politics is not really remarkable enough to merit a front page, oh no. Instead, we shall bravely attempt to answer that Very Important Question. 

Who really won Legs-it? 

1. David Cameron

We might not know who won Legs-It, but let's be honest - we all know who lost. David Cameron here has clearly concluded that, much like Andrew Cooper's pre-referendum polling results, his legs are best hidden away while everyone politely pretends they don't exist. 

Legs-It Rating: 2/10

2. Michael Gove

Fun fact: Michael Gove's upper thighs are equipped with sharp, retractable claws, which aid him in knifing political rivals in the back.

Legs-It Rating: 8/10

3. David Davis

Mr Davis's unusually wide stance here suggests that one leg doesn't know what the other is doing. His expression says: this walking business is more difficult than anyone let on, but I mustn't let it show. Bad legs are better than no legs.  

Legs-It Rating: 6/10

4. Boris Johnson

Real talk: these legs don't really support Boris Johnson, they're just pretending they do to advance their career. 

Legs-It Rating: 6/10

5. George Osborne

Take in these long, cool pins. These are just two out of George Osborne's six legs. 

Legs-It Rating: 9/10

6. Liam Fox

In the past, Liam Fox has faced criticism for the way his left leg follows his right leg around on taxpayer-funded foreign trips. But those days are behind him now.

Legs-It Rating: 10/10

7. Nigel Farage

So great are the demands on the former Ukip leader's time these days, that his crotch now has a thriving media career of its own, independent from his trunk and calves. Catch it on Question Time from Huddersfield next month. 

Legs-It Rating: 7/10

Conclusion

After fearlessly looking at nine billion photos of legs in navy trousers, we can emphatically conclude that THEY ARE ALL BASICALLY THE SAME LEG. Life is great as a male politician, isn't it?

I'm a mole, innit.