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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Theresa May’s Brexit speech is Angela Merkel’s victory – here’s why

The Germans coined the word “merkeln to describe their Chancellor’s approach to negotiations. 

It is a measure of Britain’s weak position that Theresa May accepts Angela Merkel’s ultimatum even before the Brexit negotiations have formally started

The British Prime Minister blinked first when she presented her plan for Brexit Tuesday morning. After months of repeating the tautological mantra that “Brexit means Brexit”, she finally specified her position when she essentially proposed that Britain should leave the internal market for goods, services and people, which had been so championed by Margaret Thatcher in the 1980s. 

By accepting that the “UK will be outside” and that there can be “no half-way house”, Theresa May has essentially caved in before the negotiations have begun.

At her meeting with May in July last year, the German Chancellor stated her ultimatum that there could be no “Rosinenpickerei” – the German equivalent of cherry picking. Merkel stated that Britain was not free to choose. That is still her position.

Back then, May was still battling for access to the internal market. It is a measure of how much her position has weakened that the Prime Minister has been forced to accept that Britain will have to leave the single market.

For those who have followed Merkel in her eleven years as German Kanzlerin there is sense of déjà vu about all this.  In negotiations over the Greek debt in 2011 and in 2015, as well as in her negotiations with German banks, in the wake of the global clash in 2008, Merkel played a waiting game; she let others reveal their hands first. The Germans even coined the word "merkeln", to describe the Chancellor’s favoured approach to negotiations.

Unlike other politicians, Frau Merkel is known for her careful analysis, behind-the-scene diplomacy and her determination to pursue German interests. All these are evident in the Brexit negotiations even before they have started.

Much has been made of US President-Elect Donald Trump’s offer to do a trade deal with Britain “very quickly” (as well as bad-mouthing Merkel). In the greater scheme of things, such a deal – should it come – will amount to very little. The UK’s exports to the EU were valued at £223.3bn in 2015 – roughly five times as much as our exports to the United States. 

But more importantly, Britain’s main export is services. It constitutes 79 per cent of the economy, according to the Office of National Statistics. Without access to the single market for services, and without free movement of skilled workers, the financial sector will have a strong incentive to move to the European mainland.

This is Germany’s gain. There is a general consensus that many banks are ready to move if Britain quits the single market, and Frankfurt is an obvious destination.

In an election year, this is welcome news for Merkel. That the British Prime Minister voluntarily gives up the access to the internal market is a boon for the German Chancellor and solves several of her problems. 

May’s acceptance that Britain will not be in the single market shows that no country is able to secure a better deal outside the EU. This will deter other countries from following the UK’s example. 

Moreover, securing a deal that will make Frankfurt the financial centre in Europe will give Merkel a political boost, and will take focus away from other issues such as immigration.

Despite the rise of the far-right Alternative für Deutschland party, the largely proportional electoral system in Germany will all but guarantee that the current coalition government continues after the elections to the Bundestag in September.

Before the referendum in June last year, Brexiteers published a poster with the mildly xenophobic message "Halt ze German advance". By essentially caving in to Merkel’s demands before these have been expressly stated, Mrs May will strengthen Germany at Britain’s expense. 

Perhaps, the German word schadenfreude comes to mind?

Matthew Qvortrup is author of the book Angela Merkel: Europe’s Most Influential Leader published by Duckworth, and professor of applied political science at Coventry University.