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The undersigned organisations reiterate their support for journalist Carole Cadwalladr as the Court of Appeal handed down its judgment in the case taken against her by millionaire businessman and political donor Arron Banks. Banks’ legal action related to two publications in which Cadwalladr had said the businessman was lying about his relationship with the Russian state – one in a TED Talk and one in a tweet.
Last June, Banks lost the libel action against Cadwalladr. At the time, the judge ruled that Cadwalladr had successfully established a public interest defence for the TED Talk, which was the only of the two publications to have reached the threshold for serious harm. While the judge found that Cadwalladr’s public interest defence was no longer applicable after the Electoral Commission exonerated Banks (in April 2020), she did not believe that the continued publication of the TED Talk could cause serious harm to his reputation. In his appeal, Banks argued that the judge should have found that both the TED Talk and the Tweet did seriously harm his reputation after April 2020.
Yesterday the Court of Appeal upheld Banks’ argument that the continued publication of the TED Talk had the potential to harm his reputation, but it dismissed two other grounds of his appeal, upholding the initial decision to dismiss the claim in respect of the Tweet. Although the court acknowledged that Cadwalladr does not have control over TED’s publications, she will nonetheless be liable for the damages arising from the publication of the TED Talk after April 2020.
“We are pleased that the judge dismissed the majority of the appeal against Cadwalladr,” the members of the UK Anti-SLAPPs Coalition said. “We have long categorised this case as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr.” SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest.
Last year, the co-chairs of the UK Anti-SLAPP Coalition rebutted Mrs Justice Steyn’s assertion that the case against Cadwalladr was not a SLAPP, highlighting the fact that Banks could have taken action against The Observer or TED instead of her. “In compounding the power imbalance between him and the defendant, [Banks’] decision to take legal action against [Cadwalladr] as an individual adds weight to the categorisation of the case as a SLAPP,” they wrote.
“Last July, the government set out a package of measures aimed at tackling SLAPPs, but it appears that limited – if any – progress has been made at enacting those measures since then,” the organisations concluded. “We once again call on the government to step up. Our democracy relies on the ability of public watchdogs to hold power to account.”
Signed:
Index on Censorship
Justice for Journalists Foundation
Whistleblowing International Network
openDemocracy
National Union of Journalists (NUJ)
Public Interest News Foundation
ARTICLE 19
English PEN
The Daphne Caruana Galizia Foundation
Committee to Protect Journalists
Protect
Spotlight on Corruption
PEN International
The Bureau of Investigative Journalism
Dr Emma Briant, one of the key researchers who uncovered the Cambridge Analytica scandal in 2018
The vortex of misinformation, conspiracy theories, hatred and lies that we know as the unacceptable face of the internet has been well documented in recent years. Less well documented are the players behind these campaigns. But a small and growing group of journalists and researchers are working on shining a light on their activities. Dr Emma Briant is one of them. The professor, who is currently an associate at the Center for Financial Reporting and Accountability, University of Cambridge, is an internationally recognised expert who has researched information warfare and propaganda for nearly two decades. Her approach is that she doesn’t just research one party in the information war. Instead Briant considers each opponent, even those in democratic states, a breadth and detail that is important. As she tells me you miss half the story if you concentrate on single examples.
“This is a world in which there is an information war going on all sides and you can’t understand it without looking at all sides. There isn’t a binary of evil and pure. In order to understand how we can move forward in more ethical ways we need to understand the challenge that we are facing in our world of other actors who are trying to mislead us,” Briant says.
“There are powerful profit-making industries that are reshaping our world. We need to better research and understand that, to not simply expose some in isolated campaigns like they are just bad apples,” she adds.
Briant is perhaps best known for her work on Cambridge Analytica. She was central in exposing the data scandal related to the firm and Facebook at the time of the USA’s 2016 election. So what drove her to this area of research?
“My PhD looked at the war on terror and how the British and Americans were coordinating and developing their propaganda apparatus and strategies in response to changing media forms and changing warfare. Now that led me to meet Cambridge Analytica or rather its predecessor, the firm SCL group. Cambridge Analytica were using the kind of propaganda that had been used in the military, but in this case in elections, in democratic countries.”
The groundwork for this research was laid much earlier, when Briant lived as a child in Saudi Arabia around the time of the Gulf War. She was shocked to find lines and lines of Western newspapers censored with black pen, to the point you couldn’t read them, and pro-US and anti-Iraq propaganda everywhere.
“I was amazed by the efforts at social control,” she said.
Then, during her first degree, she studied international relations and politics when 9/11 happened and, as she says, “the world changed”.
“I was really very concerned about what we were being fed, about the spin of the Iraq war,” says Briant.
Like many she was inspired by a teacher, in her case Caroline Page.
“[Page] wrote a book on Vietnam and propaganda, and she had interviewed people in the American government and I was amazed that a woman could just go over to America and interview people in politics and in government and get really amazing interviews with high level officials. This really inspired me.”
Briant was motivated by both Page’s example and her specific work.
“She wanted to really find out what was going on and understand the actors behind the propaganda. And that is what really fascinates me most. Who’s behind the lies and the distortions? That’s why I’ve taken the approach that I have, both in looking at power in organisations like governments and how that’s deployed, and looking at how we can govern that power in democracies better.”
Because of Briant’s all-sided approach, she says she can attract the ire of people across the spectrum. People who focus only on Russia, for instance, might dislike that Briant critiques the British government. Conversely, people who are critics of the UK and US government call into question whether she should challenge Russian or Chinese propaganda. But, as she reiterates, “it’s really important to have researchers who are willing to take on that difficult issue of not only understanding a particular actor but understanding the conflict, protecting ordinary people and enabling them to have media they can trust and information online which is not deceptive.”
Criticism of her work has at times taken on a sinister edge. Briant is, sadly, no stranger to threats, trolling and other forms of online harassment.
“It’s very difficult to even just exist online if you’re doing powerful work, without getting trolled,” Briant says.
“The type of work that I do, which isn’t just analysing public media posts and how they spread, but is also looking at specific groups’ responsibilities and basically researching with a journalistic role in my research, that kind of thing tends to attract more harassment than just looking at online observable disinformation spread. Academics doing such work require support.”
Briant cites the case of Carole Cadwalladr, a journalist at the Guardian, as an example of how online campaigns are used to silence people. Like Briant, Cadwalladr pointed the looking glass at those behind the misinformation that spread in the lead-up to the EU referendum. Cadwalladr experienced extreme online harassment, as well as a lengthy and very expensive legal battle. Taken by Arron Banks, the case had all the hallmarks of being a SLAPP, a strategic lawsuit against public participation, namely, a lawsuit that has little to no legal merit. Its purpose is instead to silence the accused through draining them of emotional, physical and financial resources.
Briant has not been the subject of a SLAPP herself but has experienced other attempts to threaten, intimidate and silence her. Meanwhile, the threat of lawfare lingers in the background and has affected her work.
“Legal harassment has a real impact on what you feel like you are able to say. At one point after the Cambridge Analytica scandal it felt like I couldn’t work on highly sensitive work with a degree of privacy without the threat of being hacked or legal threats to obtain data or efforts to silence me. You cannot develop research on powerful actors and corrupt or deceptive activities as a journalist or a researcher without knowing your work is secure,” Briant says.
The ecosystem might be changing. New legislation has been proposed that will make using SLAPPs harder in the UK, where they are most common (the US, by comparison, has laws in place to limit them). But, as Briant highlights, there is more than one way to skin a cat.
“I don’t think people really understand the silencing effect of threat, not necessarily even receiving a letter but the potential of people to open up your private world. The exposure of journalism activities before an investigation is complete enables people to use partial information to misrepresent the activities, it can even put sources at risk,” she says.
While Briant believes these harassment campaigns can affect anyone doing the sort of work that she and Cadwalladr do, she says we can’t ignore the gender dynamic.
“Trolling and harassment affects a lot of different women and women are much more likely to experience this than men who are doing powerful work challenging people. This is just true. It’s been shown by Julie Posetti and her team, and it’s also the case if you look at other minorities or vulnerable communities.”
Of course if Briant was just a bit player people might not care as much. Instead, Briant has given testimony to the European Parliament and had her work discussed in US Congress. She’s written one book, co-authored another and has contributed to two major documentary films (one being the Oscar-shortlisted Netflix film The Great Hack). In today’s world, the attacks she has received have become part of the price people are paying for successful work. Still it’s an unacceptable price, one that we need to speak about more.
Briant is doing that, as well as more broadly carrying on with her research. She’s also writing her next two books, one of which revisits Cambridge Analytica. In Briant fashion, it places the company in a wider context.
“I’m looking at different organisations and discussing the transformation of the influence industry. This is really a very new phenomenon. Digital influence mercenaries are being deployed in our elections and are shaping our world.”
The undersigned organisations reiterate their support for award-winning journalist and author, Carole Cadwalladr, who is facing a week-long defamation trial in London this week. Cadwalladr, who works for the Guardian Media Group in the UK, is being sued as an individual by millionaire businessman and political donor Arron Banks, best known for his role as co-founder of the 2016 Brexit campaign Leave.EU.
Banks originally filed four claims against Cadwalladr in July 2019, two of which he dropped in January 2020 after the judge found them to be “far-fetched and divorced from the specific context in which those words were used”. The remaining claims relate to Cadwalladr’s 2019 TED Talk, “Facebook’s Role in Brexit – and the Threat to Democracy” and a Twitter post linking to the TED Talk.
“When this lawsuit was filed more than two years ago, several organisations came together to call this legal action out as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr. We today reaffirm this characterisation and unreservedly reiterate our support for Cadwalladr as she continues to defend her public interest work,” the organisations said.
SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. Banks is pursuing legal action against Cadwalladr as an individual, rather than pursuing her media outlet in which the contested claims were originally made. Due to the expensive nature of the process in England, Cadwalladr has had to raise funds for her legal defence through crowdfunding. She has so far raised more than half a million pounds.
“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect journalists and others working in the public interest from being subject to abusive legal actions intended to stifle public debate,” the organisations concluded. “Our democracy relies on the ability to hold power to account.”
Representatives from several of the undersigned organisations will be in attendance at the High Court this week to monitor proceedings.
Signed:
Index on Censorship
ARTICLE 19
Association of European Journalists
Campaign for Freedom of Information in Scotland (CFoIS)
Committee to Protect Journalists
English PEN
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute (IPI)
Justice for Journalists Foundation
Mighty Earth
Organised Crime and Corruption Reporting Project (OCCRP)
PEN International
Reporters Without Borders (RSF)
Society of Journalists
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
Whistleblowing International Network
British co-founder of the Leave.EU campaign Arron Banks is refusing to drop the final two SLAPP lawsuits against journalist Carole Cadwalladr who now started a crowdfunding campaign to cover the massive legal costs.
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She also thanked Reporters Without Borders, Index on Censorship and PEN International for their support, as well as other news organisations “fighting these cases every day but often happening behind closed doors”. The Shift has expressed solidarity with Cadwalladr in her fight against the intimidation of the press in order to silence them.