In the UK, a Few Tweets Restore Freedom of Speech 216
Several readers wrote to us about the situation in the UK that saw the Guardian newspaper forbidden by a judge from reporting a question in UK parliament. The press's freedom to do so has been fought for since at least 1688 and fully acknowledged since the 19th century. At issue was a matter of public record — but the country's libel laws meant that the newspaper could not inform the public of what parliament was up to. The question concerned the oil trading company Trafigura, the toxic waste scandal they are involved in, and their generous use of libel lawyers to silence those who would report on the whole thing. After tweeters and bloggers shouted about Trafigura all over the Internet, the company's lawyers agreed to drop the gag request.
Massive headline FAIL (Score:5, Informative)
British libel laws are a travesty. To the point where half a dozen US states, including California, have had to pass laws preventing UK libel judgements from inhibiting free speech. There is even a case at present where a Ukranian website is defending statements it made in Ukranian regarding a Ukranian company, but in a British court - as the penalties handed down in British courts are so heavy, and litigation costs so high, that it's financial ruin for a defendant to attempt to defend themselves, even if they are successful.
So much for free speech in Britain.
Re:Massive headline FAIL (Score:3, Informative)
British =! English
Full Report (Score:5, Informative)
http://wikileaks.org/wiki/Minton_report:_Trafigura_Toxic_dumping_along_the_Ivory_Coast_broke_EU_regulations%2C_14_Sep_2006 [wikileaks.org]
Re:Simon Singh (Score:3, Informative)
Security through obscurity is nearly universally useful (provided you don't mind the obscurity). It's not something to entirely rely on, no, but it's difficult to argue that it doesn't help.
Re:Massive headline FAIL (Score:4, Informative)
There is even a case at present where a Ukranian website is defending statements it made in Ukranian regarding a Ukranian company, but in a British court...
Where were the comments posted? This isn't clear from your post.
If they were posted on an English website, hosted in England, how is this any different than the US wanting to charge Gary McKinnon in a US court? Seems like we're both as bad as each other...
Re:Massive headline FAIL (Score:2, Informative)
Actually, an injuction against one paper is as good as an injuction against all in the UK. From http://news.bbc.co.uk/1/hi/uk_politics/8304908.stm:
"No injunction was served on the BBC, but ever since the Spycatcher case in the 1980s news organisations which knowingly breach an injunction served on others are in contempt of court, so the corporation too felt bound by the Guardian injunction."
Re:One down, an unknown number to go. (Score:4, Informative)
"enjoined"
Errr...no (Score:5, Informative)
Cheers,
Ian
Re:Stephen Fry (Score:5, Informative)
The UK is actually starting to resemble late-communist Central Europe. You can have all the freedom you want, if you make sure you're surrounded with people who don't care about the rules. And most people are starting to not care.
I moved from Hungary, never the most oppressive state in the Eastern Bloc, to the UK in 1998. I don't have words for how delusional your suggestion is. The threat of legal action does have a chilling effect on freedom of speech, but not quite the chilling effect of being beaten senseless or a bullet to the back of the head.
Note on right to freedom of speech (Score:3, Informative)
Re:One down, an unknown number to go. (Score:5, Informative)
The PQ about Trafigura everyone was twittering was Q61, Q62 was in fact the one mentioned in that Private Eye editorial:
Q62: Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, if he will (a) collect and (b) publish statistics on the number of non-reportable injunctions issued by the High Court in each of the last five years.
With a bit of luck tomorrow we will hear how many of these things have been issued (or at least, get told when we will be told)
Re:Stephen Fry (Score:2, Informative)
Minton Report [wikileaks.org]
It appears the URL has an unprintable character, so perhaps linking to the page [wikileaks.org] about the topic will work.
Re:Massive headline FAIL (Score:2, Informative)
Re:Massive headline FAIL (Score:3, Informative)
Do you rely on Guido's band of libertarian wonks and hope people stumble upon it on Google - or do you appeal directly to (say) Stephen Fry' 830,000 followers (plus practically every working hack and writer who usually use Twitter as a way to banter away the working day)?
It is about distribution, not just publication. The story went from standstill to game-set-match in about 4 hours and that was the Twitter effect. Nowhere near enough people read Guido's ramblings to create that impact that quickly.
Point of information for non Brit slashdotters... (Score:3, Informative)
Scottish Judges are renowned for making anyone guilty of contempt spend at least one night in the cells - famous editors and briefs included. Much to the amusement to the mainly retired and unemployed audience in the public gallery.
Re:Stephen Fry (Score:2, Informative)
The educational system's not great, either ( my careers advisor gave me the choice of manual work or skilled manual work ). Nor is the chance to vote between the similar flavours of the ruling class. There's a growing section of below working class society, our economy has been forcefully centred around the money markets of the capital and the majority of the rest of the county's work ethic has been derided and left to rot. The government is responding to this by increased monitoring and control, whilst previously hardworking areas become represented by neo nazi's. The country has become involved in power grab wars against the general will of the people
There are a lot of things to be grateful to the UK for, and these things were won by people not sitting back and deeming the current situation ok because someone else has it worse. I feel it's more pragmatic to compare ourselves against the best, and as such the UK is a mess.
I like the weather though. Autumn is the finest, I think.
Re:Massive headline FAIL (Score:2, Informative)
There is even a case at present where a Ukranian website is defending statements it made in Ukranian regarding a Ukranian company, but in a British court...
Where were the comments posted? This isn't clear from your post. If they were posted on an English website, hosted in England, how is this any different than the US wanting to charge Gary McKinnon in a US court? Seems like we're both as bad as each other...
This is a case raised by a lawyer as an example on Newsnight, BB2. Video of this available here. [bbc.co.uk]
Re:Stephen Fry (Score:3, Informative)
Try the Human Rights Act 1998, specifically section 1 (1a):-
(1) In this Act “the Convention rights” means the rights and fundamental freedoms set out in—
(a) Articles 2 to 12 and 14 of the Convention,
Article 10 of the Convention is:-
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
There is also established caselaw on this issue such as the famous Maclibel case (Macdonalds tried to sue leafletters for libel; I think the leafletters were eventually paid compensation - but it ended up going to a European Court from what I remember)...
However section 10 (1) is balanced with 10 (2).
Obviously in this case there is a public interest in reporting the proceedings of parliament. As a journalist myself I know how to phrase the truth and report the facts to avoid a libel lawsuit.