Straw on libel reform

This week’s New Statesman features an interview with Justice Secretary Jack Straw. NS editor Jason Cowley writes:

Straw told me he is determined to introduce immediate and substantive reform. He is drawing up proposals to “introduce a radically reduced cap on the level of excessive success fees in defamation cases”. He would not confirm what the exact cap will be, though reformers hope it may be as low as, say, 10 per cent. At present, success fees can be as high as 100 per cent of costs. “Our libel laws are having a chilling effect. By definition, it’s not hitting the most profitable international media groups, News International or Associated Newspapers, though it’s not good news for them. It is hitting the press vital to our democracy but whose finances are much more difficult, and that includes magazines, one or two of the nationals, and regional and local newspapers. That’s why I will be changing the law on defamation costs . . . and I’m anxious to get ahead on this.”

It’s encouraging that Straw is talking seriously about this, but, as with his counterpart Dominic Grieve, his focus seems to be on the expense of the libel courts. While there is no doubt expense is a massive issue, it is worth restating: people sue here not only because they can win lots of money, but also because they have a very, very good chance of winning, as so many factors are weighted in the plaintiff’s favour.

Lowering the expense of libel cases may allow for greater access to the courts for ordinary people, and give people a greater chance of mounting a defence (and indeed a complaint), but it won’t necessarily make the courts themselves more just.

Google helping publishers to restrict access?

This is a guest post by Judith Townend

It doesn’t sound likely but it’s true: Google is helping restrict access to free content.

Rupert Murdoch has flexed some muscle and forced a small concession by Google, it would seem.

Following the News Corp CEO’s threats to remove news content from Google’s search index and Google News, Google has updated its “First-Click-Free” system allowing publishers to restrict users’ free access to their sites.

Under the system, publishers who run closed content models — those Google calls “premium content providers” — can still be a part of Google News without releasing their content in full.

It was designed to allow users to access a news item via Google once — but of course, users could do this for lots of articles each day. Now, they will be limited to five items per day.

The publishers want to be part of Google, but they don’t want to disincentivise users from paying subscriptions and/or registering on the site.

Now, it looks like the closed content publishers can have their cake and eat it too, for the time being at least: Google senior business product manager Josh Cohen announced yesterday that publishers could charge for their content and still make it available via Google with the updated system. “The two aren’t mutually exclusive,” he explained in a blog post.

But at the end of the day, it’s a small move: Google still holds the power in this search relationship. Murdoch and the other big publishers want its juice. And they know it. Why else spend so much time attacking it?

Note this little reminder in Cohen’s piece:

“Paid content may not do as well as free options, but that is not a decision we make based on whether or not it’s free. It’s simply based on the popularity of the content with users and other sites that link to it.”

And Murdoch’s bound to be even angrier about this: a Fair Syndication Consortium study in the US [PDF at this link] has revealed that Google accounted for 53 per cent of ad revenue attracted by “unlicensed” online news content.

He’ll be uneasy about the concessionary crumbs thrown down to him, well aware that the Google cake isn’t as good as it first looks. One loophole might have been closed, but it’s not goodbye to free and open access news content just yet.

Judith Townend is senior reporter for journalism.co.uk.
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Statement of principle

Crossposted from the National Coalition Against Censorship (US)

Free Expression at Risk, at Yale and Elsewhere

A number of recent incidents suggest that our long-standing commitment to the free exchange of ideas is in peril of falling victim to a spreading fear of violence. Not only have exhibitions been closed and performances canceled in response to real threats, but the mere possibility that someone, somewhere, might respond with violence has been advanced to justify suppressing words and images, as in the recent decision of Yale University to remove all images of Mohammed from Jytte Klausen’s book, The Cartoons that Shook the World.

Violence against those who create and disseminate controversial words and images is a staple of human history. But in the recent past, at least in liberal democracies, commitment to free speech has usually trumped fears of violence. Indeed, as late as 1989, Salman Rushdie’s Satanic Verses continued to be published, sold, and read in the face of a fatwa against its author and in the face of the murder and attempted murder of its translators and publishers. In 1998, the Manhattan Theater Club received threats protesting the production of Terrence McNally’s play, Corpus Christi, on the ground that it was offensive to Catholics. After initially canceling the play, MTC reversed its decision in response to widespread concerns about free speech, and the play was performed without incident.

There are signs, however, that the commitment to free speech has become eroded by fears of violence. Historical events, especially the attacks of September 2001 and subsequent bombings in Madrid and London, have contributed to this process by bringing terrorist violence to the heart of liberal democracies. Other events, like the 2004 murder of Dutch film director Theo Van Gogh in apparent protest against his film “Submission,” and the threats against Ayaan Hirsi Ali, who wrote the script and provided the voice-over for the film, demonstrated how vulnerable artists and intellectuals can be just for voicing controversial ideas. Under such threats, the resolve to uphold freedom of speech has proved to be lamentably weak: in the same year as Van Gogh’s murder, Behzti, a play written by a British Sikh playwright, was canceled days after violence erupted among protesters in Birmingham, England on opening night.

In response to rising concerns about fear-induced self-censorship, in 2005 the Danish newspaper Jyllands-Posten published an article, “The face of Mohammed,” which included twelve cartoon images. The cartoons became the focus of a series of violent political rallies in the Middle East in February 2006 and a subject of worldwide debate pitting free speech against “cultural sensitivity.”

For all the prominence of religion in such debates, threats of violence against words and images are not the sole province of religious extremists. In 2005, a politically controversial professor’s scheduled speech at Hamilton College in Clinton, NY was canceled in response to threats of violence. In 2008, the San Francisco Art Institute closed a controversial video exhibition in response to threats of violence against faculty members by animal rights activists. Later that year, the University of Nebraska-Lincoln canceled a speech by former Weatherman and education theorist William Ayers citing security concerns.

The possibility of giving offense and provoking violence has entered the imagination of curators, publishers and the public at large, generating more and more incidents of preemptive self-censorship: in 2006, for instance, London’s Whitechapel gallery declared twelve works by Surrealist master Hans Bellmer too dangerous to exhibit because of fears that the sexual overtones would be offensive to the large Muslim population in the area; and publisher Random House canceled the 2008 publication of Sherry Jones’ The Jewel of Medina because “it could incite acts of violence.” The suppression of images in Jytte Klausen’s book is the latest, but not likely to be the last in the series of such incidents.

Words and images exist in complex socio-political contexts. Suppressing controversial expression cannot erase the underlying social tensions that create the conditions for violence to begin with, but it does create a climate that chills and eventually corrupts the fundamental values of liberal democracy.

A Call to Action

The incident at Yale provides an opportunity to re-examine our commitment to free expression. When an academic institution of such standing asserts the need to suppress scholarly work because of a theoretical possibility of violence “somewhere in the world,” it grants legitimacy to censorship and casts serious doubt on their, and our, commitment to freedom of expression in general, and academic freedom in particular.

The failure to stand up for free expression emboldens those who would attack and undermine it. It is time for colleges and universities in particular to exercise moral and intellectual leadership. It is incumbent on those responsible for the education of the next generation of leaders to stand up for certain basic principles: that the free exchange of ideas is essential to liberal democracy; that each person is entitled to hold and express his or her own views without fear of bodily harm; and that the suppression of ideas is a form of repression used by authoritarian regimes around the world to control and dehumanize their citizens and squelch opposition.

To paraphrase Ben Franklin, those who would give up essential liberty to purchase a little temporary safety, will get neither liberty nor safety.

Sudan: girl flogged over short skirt

A 16-year-old schoolgirl in Sudan has been given 50 lashes after a judge ruled that her knee-length skirt was indecent. Silva Kashif is a Christian from the south of the African country. The lashing was issued by authorities in the north where strict Islamic law is enforced. The ruling follows the high-profile case of Lubna Hussein, a female journalist who was sentenced to 40 lashes for wearing trousers. Hussein recently thanked Londoners when she visited the capital at the weekend to highlight the plight of women in hardline Islamic nations. Kashif and her family are planning to sue authoritites. Read more here

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