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The silence of the arts, the press, science, charities...

A new report by Index on Censorship argues that fear of libel action means that freedom of expression is under threat as never before, writes Ian Burrell

The chief executive of Index on Censorship, John Kampfner, says that critics of the political and corporate powers-that-be risk being silenced by a legal system that has become heavily biased against free speech

SUSANNAH IRELAND

The chief executive of Index on Censorship, John Kampfner, says that critics of the political and corporate powers-that-be risk being silenced by a legal system that has become heavily biased against free speech

We've had demonstrations outside Television Centre while the BNP's Nick Griffin was smuggled into the BBC; we've had mobs descending on the offices of the law firm Carter-Ruck for its "super-injunctions" on behalf of the waste company Trafigura, and we've had a record number of complaints to the Press Complaints Commission over comments in the Daily Mail over the death of pop singer Stephen Gately. Freedom of expression in the British media has rarely been the subject of such fiery debate.

And it is against this backdrop that Index on Censorship will next week release a report Free Speech is Not for Sale: The Impact of English Libel Law on Freedom of Expression, a document it hopes will convince politicians of the urgent need to change the law on what you can write or broadcast without being liable for defamation damages. It is attempting to find out how many media super-injunctions are in existence in Britain, and estimates a figure of between 20 and 50.

The Index research has been timed to precede the much-anticipated report by Parliament's Culture, Media and Sport Committee entitled Press, Standards, Privacy & Libel. John Kampfner, chief executive of Index and the former editor of the New Statesman, says the issues at stake go to the heart of a society that is at risk of becoming mute in its criticisms of political and, particularly, corporate institutions. "It's not just about the press," he says. "The really damaging thing is the self-censorship that is becoming ingrained."

Kampfner talks passionately of British scientists who "are talking in euphemisms in their research documents" for fear of being sued by multinational companies, and of NGOs refraining from criticism of foreign politicians and military figures who commit human rights abuses, due to the high risk of crippling legal actions.

It is an extraordinary time, when the largely anonymous users of sites such as Twitter can come together and, in comments of 140 characters or fewer, bring pressure to bear on institutions, including media companies, yet identifiable critics are increasingly being cowed into silence. "It's a strange world we inhabit," agrees Kampfner, "when the only people that can take action are anonymous, or have huge safety in numbers."

Over the past decade, the right to uncover information and to criticise the powers-that-be has been undermined, says Kampfner. "This Labour government ... [is] working from the assumption that the public has no right to know unless it hammers on the gates."

That is part of Index's role, along with lobbying, providing affidavits to judges and constantly speaking out publicly. "In an ideal world we would be less busy because we would have a political culture in the UK that took the American approach that something is open unless there are very specific and compelling reasons to make it secret. I think we are a long way off from that yet."

The publication of the Free Speech report (which has been compiled in partnership with English PEN, the literature and human rights group that includes writers Claire Tomalin, pictured, Doris Lessing, Philip Pullman and Monica Ali), will be followed by the formation of a new Libel Coalition, which will continue the struggle for changes in the law. Among the prominent members of the coalition will be Simon Singh, a science writer who is fighting a libel action brought against him by the British Chiropractic Association.

Singh's case is "just a microcosm", says Kampfner, whose organisation works closely with the charitable trust Sense About Science. "There are dozens of similar science and medical writers here and in the US and elsewhere who are frightened of making fair and reasonable scientific comments because they could be sued in the UK courts," he says.

British law, argues Kampfner, has become "balanced heavily against free expression". He is also involved with the Arts Council, being chair of the Turner Contemporary gallery in Kent, and says that some galleries are now resorting to canvassing opinion on future exhibitions to ensure that they do not cause offence. "It's pretty much impossible to put on any artistic or cultural event which does not cause offence," he complains. "The whole point of art and culture and journalism is to challenge. There do need to be certain safeguards but the balance has gone completely the other way."

The introduction of conditional fee agreements (CFAs) to give wider access to the libel courts has had the reverse effect of what was intended, he says. "You now have the rich and famous taking on legal firms who string out cases for as long as possible to break the will and cash flow of small publishers."

Kampfner would like to see the libel laws changed so that large companies, like governments, are beyond libel – unless they can prove malicious falsehood. He would like the public interest defence to be broadened and for the burden of proof in a libel action to be shifted from the defendant to the litigant. "This is not just about the rights of the media," he emphasises. "We are here to define the right to know and the right to free expression."

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Comments

Bramshill delenda est.
[info]ron_broxted wrote:
Monday, 2 November 2009 at 12:23 am (UTC)
The law, in its majesty, allows both rich and poor alike to starve.
NO SUCH THING AS FREE EXPRESSION
[info]sidsnot wrote:
Monday, 2 November 2009 at 08:31 am (UTC)
Wake-up Kampfer! There is no such thing as "Free Expression". You are only allowed to say something if it doesn't "rock-the boat" of the people in power. You can say what you like if it has no effect. Once there is a chance that something you say or write will make a difference you will be censored. Even the Independent newspaper does this to people who make "comments" that they do not like.
freedom
[info]snowdonwatcher wrote:
Monday, 2 November 2009 at 10:18 am (UTC)

Our freedoms have been eroded in many ways, & freedom of speech is but one.

Listen to Peter Hain who once protested with the best of them against the South African Government policies & then when the BNP wanted to appear on question time he objected strongly; he obviously reckons in freedom to say what you want so long as he agrees with it!

We should be left to make up our own minds & not be controlled by governments in what we can hear, speak or see.

Even this is censored
[info]alexmcsherry wrote:
Wednesday, 11 November 2009 at 10:11 pm (UTC)
Offensive or abusive comments will be removed and your IP logged and may be used to prevent further submission. In submitting a comment to the site, you agree to be bound by the Independent Minds Terms of Service.

Who determins 'offence', what constitutes 'abuse'? Where can I, or who do I, appeal (to) against IP logging and restriction of my desire to be heard? (should I even bother?) Or are we to assume that the 'Terms of service' are there as a protection from litigation on the publisher from the ideas, comments and thoughts of the published?

The bleating objections raised by impotent 'commentators' is that we are restricted because of the irresponsibility of the few spoiling it for the rest of us. When, in fact, the irresponsibility of the few is gleefully seized upon and inflated by vested interest as cause to 'protect' the many. Stand outside this diaphonous argument and you will be punished...

The gatekeepers (with all the severity and self belief of canute) are bellowing through their publications and bullying through their courts against a tide that is already drowning them.

The walls of their 500 yr old enclosure, where nought was published or disseminated without their approval and nurture, have crumbled... but they still stand stedfast at their ornate victorian wrought iron gates throwing rocks at the ever increasing wave of poachers who need no 'street' nor the approval of a 'press baron' to say what they think, when they want and to whom they please.

Whenever vested interest is faced by such an obvious movement in sociatal structure it has always reverted to violence (actual or implied) in a futile attempt to impose their entrenched will. In Berlin, 20 years ago, a physical wall came down while vested interest cowered in indecision. Vested interest has learned that a legal chamber is far more effective than a battalion of state trained enforcers. Therefore you must arm your enforcers with the best weapons that lobbying can provide and turn them with indescriminate ease on anything who dares to venture close enough to question.

"Fear is a weapon of mass destruction": Faithless... but... Who should be frightened?

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