Bloody Tories: the shrinking realm of public discourse

The conviction of Bethan Tichborne begs the question: has Britain outlawed the truth?

Has Britain finally outlawed the truth? I struggle to find a case where any of the of thousands of members of the Stop the War Coalition fell foul of criminal law for accusing Tony Blair of having "blood on his hands", yet four months ago Bethan Tichborne was arrested and last week tried, convicted and fined, for saying the same of David Cameron, with an Oxford district judge finding that her words constituted "threatening, abusive or insulting words or behaviour" proscribed by the Public Order Act 1986. It could "hardly be more insulting to anyone, whether a politician or not," said the judge, to suggest that the Prime Minister "had blood on his hands."

Polemically, of course, the two are very different cases: where the former were clearly protesting against machinery of death, Tichborne's argument is more nuanced, suggesting that the Government, by cutting the welfare entitlement of the disabled, is responsible for the deaths of those who, out of "fear of destitution, the exhaustion of constant WCA and ESA assessments and endless forms," take their own lives. While it is possible to employ various efficiency arguments to maintain that cuts in social welfare are worthwhile or not, there is considerable scope for disagreement. Though expressed in extreme terms, Tichborne's argument is not without basis in fact: not in that David Cameron actually has human blood on his hands, but in that there is an entire academic discipline dedicated to the study of the trade-off.

Tichborne's case is drawn in still sharper relief when one considers the involvement of the Public Order Act, Section 5 of which proscribes engaging in "threatening, abusive or insulting words or behaviour... within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby." Recall that, in January, a prominent national campaign backed by Stephen Fry and Rowan Atkinson among others secured the future removal of the word "insulting" from Section 5. This campaign notwithstanding, the word "insulting" continues in Section 4A (relating to intentionally causing harassment, alarm and distress) and, in the case of Section 5, while "'insulting' is gone, 'abusive' remains." This should not give politically active citizens much, if any, comfort, as "the courts are very willing to conflate the two" concepts in cases where language is sufficiently inflammatory (see paragraph 29 of Abdul v DPP), and in such instances - of which I should think Bethan Tichborne's is one - it is no defence that particular words are "not abusive and insulting because they were (believed to be) true."

Language permits myriad ways to call a man a scoundrel and, fortunately, the mere suggestion that a politician has "blood on his hands" is not, prima facie, illegal - at least, not yet. But it is not prima facie permissible, either. When one man's apt metaphor is another man's insult, where do we draw the line? The English courts have difficulty resolving the question, admitting that the existing legislation makes it impossible to define in advance which kinds of political speech are permissible, and which are not (at paragraph 57). So what appears at first to be a public order question becomes a civil liberties one.

Even if one disagrees fundamentally with Tichborne's politics, it would be difficult to maintain that she doesn't have an objectively valid point - one which she is now less free to express. For Tichborne, the subtler nature of her argument - the wider range of possible disagreement her claim invites, and little else - places her on the wrong side of a law which is not endowed with any "cognizance of unintentional offences." The combination of overbroad legislation and overzealous local policing leads, in her case, to a violation of what most of us would consider to be the "certain minimum area of personal freedom which must on no account be violated" because, as put by Isaiah Berlin (pdf), "if it is overstepped, the individual will find himself in an area too narrow for even that minimum development of his natural faculties which alone makes it possible to pursue, and even to conceive, the various ends which men hold good or right or sacred." 

The statutory framework regulating speech in the United Kingdom is not remotely appropriate for a free state. I hope Tichborne appeals. I hope she wins. For if Bethan Tichborne is a criminal, so are we all.

 

 

A protestor dressed as Tony Blair shows his "bloody" hands. Photograph: Getty Images

Preston Byrne is a fellow at the Adam Smith Institute.

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Why is it called Storm Doris? The psychological impact of naming a storm

“Homes being destroyed and lives being lost shouldn’t be named after any person.”

“Oh, piss off Doris,” cried the nation in unison this morning. No, it wasn't that everyone's local cantankerous old lady had thwacked our ankles with her stick. This is a different, more aggressive Doris. Less Werther’s, more extreme weathers. Less bridge club, more bridge collapse.

This is Storm Doris.

A storm that has brought snow, rain, and furious winds up to 94mph to parts of the UK. There are severe weather warnings of wind, snow and ice across the entire country.

But the real question here is: why is it called that? And what impact does the new Met Office policy of naming storms have on us?

Why do we name storms?

Storm Doris is the latest protagonist in the Met Office’s decision to name storms, a pilot scheme introduced in winter 2015/16 now in its second year.

The scheme was introduced to draw attention to severe weather conditions in Britain, and raise awareness of how to prepare for them.

How do we name storms?

The Name our Storms initiative invites the public to suggest names for storms. You can do this by tweeting the @metoffice using the #nameourstorms hashtag and your suggestion, through its Facebook page, or by emailing them.

These names are collated along with suggestions from Met Éireann and compiled into a list. These are whittled down into 21 names, according to which were most suggested – in alphabetical order and alternating between male and female names. This is done according to the US National Hurricane Naming convention, which excludes the letters Q, U, X, Y and Z because there are thought to be too few common names beginning with these letters.

They have to be human names, which is why suggestions in this list revealed by Wired – including Apocalypse, Gnasher, Megatron, In A Teacup (or Ena Tee Cup) – were rejected. The Met Office received 10,000 submissions for the 2016/17 season. According to a spokesperson, a lot of people submit their own names.

Only storms that could have a “medium” or “high” wind impact in the UK and Ireland are named. If there are more than 21 storms in a year, then the naming system starts from Alpha and goes through the Greek alphabet.

The names for this year are: Angus (19-20 Nov ’16), Barbara (23-24 Dec 2016), Conor (25-26 Dec 2016), Doris (now), Ewan, Fleur, Gabriel, Holly, Ivor, Jacqui, Kamil, Louise, Malcolm, Natalie, Oisín, Penelope, Robert, Susan, Thomas, Valerie and Wilbert.

Why does this violent storm have the name of an elderly lady?

Doris is an incongruous name for this storm, so why was it chosen? A Met Office spokesperson says they were just at that stage in their list of names, and there’s no link between the nature of the storm and its name.

But do people send cosy names for violent weather conditions on purpose? “There’s all sorts in there,” a spokesperson tells me. “People don’t try and use cosy names as such.”

What psychological impact does naming storms have on us?

We know that giving names to objects and animals immediately gives us a human connection with them. That’s why we name things we feel close to: a pet owner names their cat, a sailor names their boat, a bore names their car. We even name our virtual assistants –from Microsoft’s Clippy to Amazon’s Alexa.

This gives us a connection beyond practicality with the thing we’ve named.

Remember the response of Walter Palmer, the guy who killed Cecil the Lion? “If I had known this lion had a name and was important to the country or a study, obviously I wouldn’t have taken it,” he said. “Nobody in our hunting party knew before or after the name of this lion.”

So how does giving a storm a name change our attitude towards it?

Evidence suggests that we take it more seriously – or at least pay closer attention. A YouGov survey following the first seven named storms in the Met Office’s scheme shows that 55 per cent of the people polled took measures to prepare for wild weather after hearing that the oncoming storm had been named.

“There was an immediate acceptance of the storm names through all media,” said Gerald Fleming, Head of Forecasting at Met Éireann, the Irish metereological service. “The severe weather messages were more clearly communicated.”

But personalising a storm can backfire. A controversial US study in 2014 by PNAC (Proceedings of the National Academy of Sciences) claimed that hurricanes with female names lead to higher death tolls – the more “feminine” the name, like Belle or Cindy, the higher the death toll. This is not because female names are attached to more severe storms; it is reportedly because people take fewer steps to prepare for storms with names they perceive to be unintimidating or weak.

“In judging the intensity of a storm, people appear to be applying their beliefs about how men and women behave,” Sharon Shavitt, a co-author of the study, told the FT at the time. “This makes a female-named hurricane . . . seem gentler and less violent.”

Names have social connotations, and affect our subconscious. Naming a storm can raise awareness of it, but it can also affect our behaviour towards it.

What’s it like sharing a name with a deadly storm?

We should also spare a thought for the impact sharing a name with a notorious weather event can have on a person. Katrina Nicholson, a nurse who lives in Glasgow, says it was “horrible” when the 2005 hurricane – one of the fifth deadliest ever in the US – was given her name.

“It was horrible having something so destructive associated with my name. Homes being destroyed and lives being lost shouldn’t be named after any person,” she tells me over email. “I actually remember at the time meeting an American tourist on a boat trip in Skye and when he heard my name he immediately linked it to the storm – although he quickly felt guilty and then said it was a lovely name! I think to this day there will be many Americans who hate my name because of it.”

Anoosh Chakelian is senior writer at the New Statesman.