Cambridge University Press is afraid of the Russians

(Image: /Demotix)

(Image: /Demotix)

At a conference in Prague last Spring, I listened as the wife of a former diplomat quizzed a Russian journalist on Russian politics. An old Cold War hand, she was keen to discover what motivated Putin and his cadre. Was it some hankering after communism? Was it plain nationalism?

The journalist, displaying the scepticism bordering on cynicism that, ironically, is often found among journalists bravely reporting in monstrous circumstances, shrugged. It would be a mistake, she suggested, to ascribe any value or ideology, even one as meagre as nostalgia, to the current Kremlin. Putin’s regime is about power and money and absolutely nothing else. There is no Putinism. There is just gangsterism.

It’s probably worth keeping this in mind while we fret over the geopolitics of Putin’s Crimean Anschluss. Indeed more than that, it’s clearly a point of view that merits more study. Unfortunately, one recent study of Putin’s gangster tendencies has been suppressed: not by the Kremlin, but by a UK academic publisher living in fear of England’s libel laws.

Karen Dawisha, Director of Miami University’s Havighurst Center for Russian and Post-Soviet Studies, was set to publish a book on Putin’s gangster connections. One hesitates to use the dread stock book review phrase “timely and relevant”, but in this case it seems difficult to avoid it. The proposed subtitle “How, why and when did Putin decide to build a Kleptocratic and Authoritarian Regime in Russia and what is its Future?” gives a pretty good impression of what the book would contain.

According to Ed Lucas at the Economist, Dawisha’s publishers, Cambridge University Press, has taken fright at the prospect of a book actually investigating gangsterism among Putin and his cronies, and decided it will not publish the book.

In a letter to Dawisha, published by the Economist, John Haslam of CUP noted:

“After discussion with legal colleagues who have reviewed the typescript from both a US and UK legal perspective, I’m afraid that our view is that we are not in a position to proceed with your book. The decision has nothing to do with the quality of your research or your scholarly credibility.  It is simply a question of risk tolerance in light of our limited resources.”

Haslam goes on:

“We have no reason to doubt the veracity of what you say, but we believe the risk is high that those implicated in the premise of the book—that Putin has a close circle of criminal oligarchs at his disposal and has spent his career cultivating this circle—would be motivated to sue and could afford to do so.  Even if the Press was ultimately successful in defending such a lawsuit, the disruption and expense would be more than we could afford, given our charitable and academic mission.”

This is depressing reading, and sadly familiar.

Six and a half years ago, Cambridge University Press was faced with a similar problem, and reacted in a similar fashion, i.e. capitulation.

Back then, publishers’ dreams were tormented not by Russian gangsters but Saudi bankers. Sheikh Khalid Bin Mahfouz was the scourge of Fleet Street’s inhouse legal teams. The Saudi, who had bought Irish citizenship from kleptocrat Taoiseach Charles Haughey, was notorious for issuing threats and writs to any publication or publisher that so much as mentioned him – particularly when it came to suggestions that he may have been linked, either personally or financially, to Osama Bin Laden.

Everyone I mentioned in that last paragraph is dead now, by the way, which is why I feel no qualms about writing about any of them.

When Index first wrote about Bin Mahfouz there were many, many fraught discussions and even arguments about how to proceed. That’s a big part of what campaigners, lawyers and hacks mean when they talk about the “chilling effect” of defamation laws. The knowledge of working on something that could be ruinuous not just personally, but for an entire publication, can make you queasy and put your colleagues on edge. The fact that Bin Mahfouz, worth over $3.2 billion dollars, could have tied up even the biggest publications in endless, expensive litigation tended to put people off. Even when people did publish, in the end they always backed down in the face of the Sheikh’s muscle. His personal website featured an entire section dedicated to apologies hastily issued by terrified newspaper legal departments after Bin Mahfouz threatened them with a trip to the High Court.

Anyway, in 2007, CUP were about to publish a book on funding for Islamist terror, called Alms For Jihad. Bin Mahfouz got wind of it, and issued the usual threats via his lawyers, Kendall Freeman. CUP apparently jumped through a few hoops, asking the book’s American authors, Robert O Collins and J Millard Burr to compile a letter countering the claims in bin Mahfouz’s book. But in the end they pulped the book and recalled library copies. It was a low point, but in a curious way, some good came out of it. The Alms For Jihad case was among those that highlighted the serious problems with English defamation law. Not long after the pulping of Alms For Jihad, the first stirrings of the Libel Reform Campaign began. On 1 January 2014, a new defamation law came into force.

So why are we seeing a repeat of the Alms For Jihad debacle with this book on Putin and his cronies?

The new law should make it harder for foreign litigants to sue in London, and it should make them prove that they have suffered genuine damage. Without having seen the contents of the book (CUP say there is no reason to doubt the veracity of Dawisha’s claims about Putin’s circle, while simultaneously refusing to stand by their author), one would imagine that, particularly given US and European moves against Putin’s inner circle, the book would have had a decent chance in court.

But the new law will need to be tested. It may be that while the legal barrier to putting up a spirited defence of free speech in court has been considerably lowered, the mental block remains for many publishers. Only a strong early ruling under the new law will shake this off.

But who’s going have the first go?

This article was published on April 10, 2014 at indexoncensorship.org

Stormont must give us a libel law fit for modern age

Mike Harris and Jo Glanville of English Pen, left, give evidence before the finance committee of the Northern Ireland Assembly on Wednesday.

Mike Harris, Head of Advocacy at Index on Censorship, and Jo Glanville give evidence before the finance committee of the Northern Ireland Assembly on Wednesday.

MLAs will today be told that reform of Northern Ireland’s outdated law is needed or else the province will lose out on investment, writes Mike Harris in the Belfast Telegraph

In 2008, the United Nations Human Rights Committee condemned the libel law of England, Wales and Northern Ireland for having a chilling effect on free speech across the world.

Not only did important elements of the law pre-date the invention of the light bulb, let alone the internet, but corporations and oligarchs could bully their critics with near-impunity, silencing freedom of expression both here but also abroad.

The courts heard cases with no connection at all to this jurisdiction. One Ukrainian oligarch sued a local Ukrainian paper and a disgraced Saudi businessman, Sheikh Khalid bin Mahfouz, sued a US academic for a book not even published here.

To protect free speech, US President Barack Obama signed into law the US Speech Act to protect US citizens from the effect of English, Welsh and Northern Irish libel law, an act described as a “national embarrassment” by MPs.

Now Northern Ireland is alone with its embarrassing libel law. The law of England and Wales has been substantially reformed after the Libel Reform Campaign won support from 60,000 members of the public and over 100 charities and campaigning groups and in response the Government passed the Defamation Act.

Meanwhile in the Republic of Ireland, the Defamation Act of 2009 made modest changes to update the law to reflect the internet age and improve the defences available to those sued.

It is extremely unfortunate that Sammy Wilson, the Minister of Finance and Personnel, personally vetoed adoption of the Defamation Bill without scrutiny by either the Assembly or the Executive.

The worry is that “libel tourists” such as corrupt businessmen, powerful vested interests and global corporations may begin to use the High Court in Belfast to silence their critics using Northern Ireland’s unreformed law.

When we started our campaign, we asked people to tell us what had been censored using the libel laws. The results were startling.

Half of GPs surveyed said libel laws were stifling debate about the safety of drug treatments. Which? told us it went through lengthy legal proceedings by a manufacturer after they lab tested child safety seats.

Mumsnet faced legal action for humorous posts on its forum. Those who spoke out on the dumping of toxic waste in Africa and the funding of terrorism were taken to court.

Chillingly, cardiologist Dr Pete Wilmshurst told us how he was being sued by a US corporation for pointing out possible problems with heart devices.

In the four years he fought his case, patients continued to have these devices implanted in their hearts. Some then needed extensive surgery to have them removed because of the fault. If his concerns hadn’t been silenced by his four-year libel case, doctors may not have recommended this treatment.

Dr Wilmshurst will be joining me, English PEN and Sense About Science to give testimony to the Finance and Personnel Committee of the Northern Ireland Assembly today after the Chair Daithi McKay personally intervened to ensure Northern Ireland has a debate about these laws.

Mike Nesbitt MLA is also working with lawyers to prepare a Defamation Bill to bring to the Assembly later this year.

While Sammy Wilson thinks there is no need for reform, other politicians beg to differ.

If Northern Ireland gets this right, it will have a law fit for the internet age that protects ordinary people and GPs, scientists and academics speaking out in the public interest.

If it fails to reform the law, it’s hard to see how it will attract internet companies with a publication rule from 1849; how it will attract academics with no public interest defence for their work, or ensure books don’t get pulped (as they have done) with little protection for comment or opinion.

England and Wales have enacted wholesale libel reform for the first time in 170 years, Northern Ireland cannot afford to miss this opportunity.

This article originally appeared at the Belfast Telegraph.

Libel reform under threat

This is a statement from The Libel Reform Campaign

Four days before the Defamation Bill has its final and decisive debate in the House of Commons we find ourselves writing to you about disgraceful behaviour from politicians that will put everything we’ve worked for at risk.

Conservative MP and libel barrister Sir Edward Garnier is trying to remove the part of the Bill that would limit companies’ ability to use libel threats to intimidate critics into silence. His attempt to remove this will be voted on during debate on the Bill on Tuesday 14thApril. Please write to your MP and tell them not to support Garnier’s amendment.

We’ve heard that the Conservatives might back Garnier on this, and that the Lib Dems will join their Conservative colleagues even though restricting corporations from suing individuals unless they can prove harm is Lib Dem party policy! It was voted for overwhelmingly in the House of Lords. Please write to Nick Clegg and David Cameron and urge them to tell their parties not to support Garnier and to make sure the clause on companies becomes part of the Defamation Bill.

Read our briefing for MPs on why this along with a clear strong public interest defence would do the most to lessen the damage the laws are doing to free and open debate. A Bill without either reform would be a wasted opportunity. Please point your MP towards our briefing when you write to them.

We’ve seen the best of democracy in action – we have forced libel reform onto the political agenda and when politicians have listened to us all we’ve seen the best improvements to the Defamation Bill. But behind closed door dealing and cowardly behaviour threatens everything we’ve worked for. Please tell your MP not to support Garnier amendment and tell David Cameron and Nick Clegg that the Government shouldn’t either.

Libel reform under threat

This is a statement from The Libel Reform Campaign

Four days before the Defamation Bill has its final and decisive debate in the House of Commons we find ourselves writing to you about disgraceful behaviour from politicians that will put everything we’ve worked for at risk.

Conservative MP and libel barrister Sir Edward Garnier is trying to remove the part of the Bill that would limit companies’ ability to use libel threats to intimidate critics into silence. His attempt to remove this will be voted on during debate on the Bill on Tuesday 14thApril. Please write to your MP and tell them not to support Garnier’s amendment.

We’ve heard that the Conservatives might back Garnier on this, and that the Lib Dems will join their Conservative colleagues even though restricting corporations from suing individuals unless they can prove harm is Lib Dem party policy! It was voted for overwhelmingly in the House of Lords. Please write to Nick Clegg and David Cameron and urge them to tell their parties not to support Garnier and to make sure the clause on companies becomes part of the Defamation Bill.

Read our briefing for MPs on why this along with a clear strong public interest defence would do the most to lessen the damage the laws are doing to free and open debate. A Bill without either reform would be a wasted opportunity. Please point your MP towards our briefing when you write to them.

We’ve seen the best of democracy in action – we have forced libel reform onto the political agenda and when politicians have listened to us all we’ve seen the best improvements to the Defamation Bill. But behind closed door dealing and cowardly behaviour threatens everything we’ve worked for. Please tell your MP not to support Garnier amendment and tell David Cameron and Nick Clegg that the Government shouldn’t either.