We must make sure UK coronavirus legislation is only temporary

[vc_row][vc_column][vc_single_image image=”112844″ img_size=”full”][vc_column_text]When the political scientist and historian Benedict Anderson wrote about nations in his 1983 book Imagined Communities, he said that belonging to them was particularly felt at certain moments. Reading the daily newspaper for one; watching those 11 men representing your country on the football field another. If Anderson were alive today, he might add “getting a government text message” to the list. Last Tuesday people throughout the UK all shared in this experience. Following Prime Minister Boris Johnson’s announcement the night before that we must all stay in, with few exceptions, the nation’s phones pinged to the alert “New rules in force now: you must stay at home. More info and exemptions at gov.uk/coronavirus Stay at home. Protect the NHS. Save lives.” It was a first. The government had never before used the UK’s mobile networks to send out a message on mass.

By “force” the message meant exactly that. Police now have the power to fine those who flout the new rules. Quickly videos have emerged of officers approaching people on the streets, such as one showing sunbathers in Shepherd’s Bush being told to leave, and photos of a 25-person strong karaoke party that was dispersed this weekend. Almost overnight we went from being a nation where most people could come and go as they pleased to one in which we can barely leave our front door.

State-of-emergency measures are necessary in a real crisis, which is where we land today. Hospital beds are filling up fast, the death toll is rising, the threat of contagion is real and high. Few would argue that something drastic didn’t need to be done. But that does not mean we should blindly accept all that is happening in the name of our health. Proportionality – whether the measures are a justified or over-reaching response to the current danger – and implication – how they could be used in other aspects – are questions we should and must ask.

The new rules of UK life have been enshrined in the Coronavirus Bill. The bill, a complex and lengthy affair, gives the government a lot of power. Take for example the rules that allow authorities to isolate or detain individuals who are judged to be a risk to containing the spread of Covid-19. What exactly does a risk mean? Would it be the journalist Kaka Touda Mamane Goni from Niger, who last week was arrested because he spoke of a hospital that had a coronavirus case and was quickly branded a threat to public order? Or how about Blaž Zgaga, a Slovenian journalist who contacted Index several weeks back to say he had been added to a list of those who have the disease (something he denies) and must be detained? This followed him calling up the government on their own coronavirus tactics. He’s currently terrified for his life.

It’s easy to dismiss these examples as ones that are happening elsewhere and not here, until one day we wake up and that’s no longer the case.

And while many of us might be far away from authoritarian nations like China, whose government is tracking people’s movements through a combination of monitoring people’s smartphones, utilising now ubiquitous video surveillance and insisting people report their current medical condition, it might only be a matter of time before we catch up.

Singapore, another country with a state that has a tight grip on its population, has already offered to make the app they’re currently using to track exposure to the virus available to developers worldwide. The offer is free but at what other costs? The Singaporean government has been working hard to allay privacy concerns and yet some linger. Will people invite this new technology in their lives? Amid the panic that coronavirus has created, it’s not hard to imagine a scenario in which such tools are imported, embraced and normalised. As Israeli historian Yuval Noah Harrari writes in the FT:

“A big battle has been raging in recent years over our privacy. The coronavirus crisis could be the battle’s tipping point. For when people are given a choice between privacy and health, they will usually choose health.”

The coronavirus bill was meant to come with an expiry date, a “sunset clause” of two years, at which stage all former laws fall back into place. The sunset clause has since been removed, and instead in its place is a clause stating the legislation will be reviewed every six months. Politicians have also sought assurances that the measures will only apply to fighting the virus, to which they have been told yes they will only be used “when strictly necessary” and will remain in force only for as long as required. All positive and stuff we should welcome. And yet how often do politicians say one thing and do another? We must be watchful and hold them to their word.

This is particularly important with the clause that enables authorities to close down, cancel or restrict an event or venue if it poses a threat to public health, a clause that has bad implications for the ability to protest. Of course in the digital age there are many ways beyond going out on to the streets to make your voice heard. And even without the internet, we’ve seen several creative forms of protest from inside the home, such as the Brazilians who have shouted “get out” and bashed kitchenware at the window as a way to voice anger at President Jair Bolsonaro.

Marching on the streets in huge numbers is, however, amongst the most effective, hence its endurance. If in six months’ time the virus is under control and social distancing is no longer essential, this clause should at point-of-review be removed. And if it isn’t, we need to fight really hard until it is. Protest is one of the key foundations of a robust civil society. It’s not a right we want to see disappear.

The great British philosopher John Stuart Mill argued in On Liberty that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”

The coronavirus crisis passes Mill’s liberty test. It is causing harm to a great number of people. It’s therefore important to take it seriously and to provide the state with adequate powers to fight the pandemic, even if that means losing some of our freedoms in the here and now. At the same time we must make sure politicians do not use this moment to tighten their grip in ways that, as stated, are disproportionate and easily manipulated. And once this is all over we expect the bill to expire too, and any apps that might no longer be necessary. Our freedoms, so hard fought for, can be easily squandered. Let’s not lose liberties on top of lives.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

Complicity

 

 

 

 

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In the name of liberty…

[vc_row][vc_column][vc_custom_heading text=”In the winter 2019 issue of Index on Censorship magazine, editor-in-chief Rachael Jolley argues that a new generation of democratic leaders is actively eroding essential freedoms, including free speech” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]

Like brothers in arms, they revel in the same set of characteristics. They share them, and their favourite ways of using them, on social media.

From Orbán to Trump and from Bolsonaro to Johnson, national leaders who want to dismiss analysis with a personalised tweet, and never want to answer a direct question, have come to power – and are using power to silence us. They like to think of themselves as strongmen but what, in fact, they are doing is channelling the worst kind of machismo.

For toughness, read intolerance of disagreement. They are extremely uncomfortable with public criticism. They would rather hold a Facebook “press conference” where they are not pressed than one where reporters get to push them on details they would rather not address. Despite running countries, they try to pretend that those who hold them to account are the elite who the public should not trust.

While every generation has its “tough” leaders, what’s different about today’s is that they are everywhere, and learning, copying and sharing their measures with each other – aided, of course, by the internet, which is their ultimate best friend. And this is not just a phenomenon we are seeing on one continent. Right now these techniques are coming at us from all around the globe, as if one giant algorithm is showing them the way. And it’s not happening just in countries run by unelected dictators; democratically elected leaders are very firmly part of this boys’ club.

Here are some favoured techniques:

If you don’t like some media coverage, you look at ways of closing down or silencing that media outlet, and possibly others. Could a friend buy it? Could you bring in some legislation that shuts it out? How about making sure it loses its advertising? That is happening now. In Hungary, there are very few independent media outlets left, and the media that remain is pretty scared about what might happen to them. Hungarian journalists are moving to other countries to get the chance to write about the issues.

In China, President Xi Jinping has just increased the pressure on journalists who report for official outlets by insisting they take a knowledge test, which is very much like a loyalty test, before being given press cards.

Just today, as I sit here writing, I’ve switched on the radio to hear that the UK’s Conservative Party has made an official complaint to the TV watchdog over Channel 4’s coverage of the general election campaign (there was a debate last night on climate change where party leaders who didn’t turn up were replaced with giant blocks of ice). A party source told the Conservative-supporting Daily Telegraph newspaper: “If we are re-elected, we will have to review Channel 4’s public service broadcasting obligations. Any review would, of course, look at whether its remit should be better focused so it is serving the public in the best way possible.” In summary, they are saying they will close down the media that disagree with them.

This not very veiled threat is very much in line with the rhetoric from President Donald Trump in the USA and President Viktor Orbán in Hungary about the media knowing its place as more a subservient hat-tipping servant than a watchdog holding power to account. It’s also not so far from attitudes that are prevalent in Russia and China about the role of the media.
For those who might think that media freedom is a luxury, or doesn’t have much importance in their lives, I suggest they take a quick look at any country or point in history where media freedom was taken away, and then ask themselves: “Do I want to live there?”

Dictators know that control of the message underpins their power, and so does this generation of macho leaders. Getting the media “under control” is a high priority. Trump went on the offensive against journalists from the first minute he strode out on to the public stage. Brazil’s newish leader, President Jair Bolsonaro, knows it too. In fact, he got together with Trump on the steps of the White House to agree on a fightback against “fake news”, and we all should know what they mean right there. “Fake news” is news they don’t like and really would rather not hear.

New York Times deputy general counsel David McCraw told Index that this was “a very dark moment for press freedom worldwide”.

When the founders of the USA sat down to write the Constitution – that essential document of freedom, written because many of them had fled from countries where they were not allowed to speak, take certain jobs or practise their religion – they had in mind creating a country where freedom was protected. The First Amendment encapsulates the right to criticise the powerful, but now the country is led by someone who says, basically, he doesn’t support it. No wonder McCraw feels a deep sense of unease.

But when Trump’s team started to try to control media coverage, by not inviting the most critical media to press briefings, what was impressive was that American journalists from across the political spectrum spoke out for media freedom. When then White House press secretary Sean Spicer tried to stop journalists from The New York Times, The Guardian and CNN from attending some briefings, Bret Baier, a senior anchor with Fox News, spoke out. He said on Twitter: “Some at CNN & NYT stood w/FOX News when the Obama admin attacked us & tried 2 exclude us-a WH gaggle should be open to all credentialed orgs.”

The media stood up and criticised the attempt to allow only favoured outlets access, with many (including The Wall Street Journal, AP and Bloomberg) calling it out. What was impressive was that they were standing up for the principle of media freedom. The White House is likely to at least think carefully about similar moves when it realises it risks alienating its friendly media as well as its critics.

[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column_inner][vc_column_inner width=”3/4″][vc_custom_heading text=”And that’s the lesson for media everywhere. Don’t let them divide and rule you” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column_inner][/vc_row_inner][vc_column_text]

And that’s the lesson for media everywhere. Don’t let them divide and rule you. If a newspaper that you think of as the opposition is not allowed access to a press briefing because the prime minister or the president doesn’t like it, you should be shouting about it just as hard as if it happened to you, because it is about the principle. If you don’t believe in the principle, in time they will come for you and no one will be there to speak out.

That’s the big point being made by Baier: it happened to us and people spoke up for us, so now I am doing the same. A seasoned Turkish journalist told me that one of the reasons the Turkish government led by President Recep Tayyip Erdogan was able to get away with restrictions on critical media early on, was because the liberal media hadn’t stood up for the principle in earlier years when conservative press outlets were being excluded or criticised.

Sadly, the UK media did not show many signs of standing united when, during this year’s general election campaign, the Daily Mirror, a Labour-supporting newspaper, was kicked off the Conservative Party’s campaign “battle bus”. The bus carries journalists and Prime Minister Boris Johnson around the country during the campaign. The Mirror, which has about 11 million readers, was the only newspaper not allowed to board the bus. When the Mirror’s political editor called on other media to boycott the bus, the reaction was muted. Conservative Party tacticians will have seen this as a success, given the lack of solidarity to this move by the rest of the media (unlike the US coverage of the White House incident).

The lesson here is to stand up for the principles of freedom and democracy all the time, not just when they affect you. If you don’t, they will be gone before you know it.

Rallying rhetoric is another tried and tested tactic. They use it to divide the public into “them and us”, and try to convert others to thinking they are “people like us”. If we, the public, think they are on our side, we are more likely to put the X in their ballot box. Trump and Orbán practise the “people like us” and “everyone else is our enemy” strategies with abandon. They rail against people they don’t like using words such as “traitor”.

Again in Hungary, people are put into the “outsiders” box if they are gay, women who haven’t had children or don’t conform to the ideas that the Orbán government stands for.

Dividing people into “them and us” has huge implications for our democracies. In separating people, we start to lose our empathy for people who are “other” and we potentially stop standing up for them when something happens. It creates divides that are useful for those in power to manipulate to their advantage.

The University of Birmingham’s Henriette van der Bloom recently co-published research pamphlet Crisis of Rhetoric: Renewing Political Speech and Speechwriting. She said: “I think there is a risk we are all putting ourselves and others into boxes, then we cannot really collaborate about improving our society. Some would say that is what is partly going on at the moment.” Looking forward, she saw one impact could be “a society in crisis, speeches are delivered, and people listen, but it becomes more and more polarising”.

But it’s not just the future, it’s today. We already see societies in crisis, with democratic values being threatened and eroded. This does not point to a rosy future. But there are some signs for optimism. In this issue, we also feature protesters who have campaigned and achieved significant change. In Romania, a mass weekly protest against a new law which would allow political corruption has ended with the government standing down; in Hungary, a new opposition mayor has been elected in Budapest.

Democracies need to remember that criticism and political opposition are an essential part of their success. We must hope they do.

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Rachael Jolley is editor-in-chief of Index on Censorship magazine. She tweets @londoninsider. This article is part of the latest edition of Index on Censorship magazine, with its special report on macho male leaders 

Index on Censorship’s winter 2019 issue is entitled The Big Noise: How macho leaders hide their weakness by stifling dissent, debate and democracy 

Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”How macho leaders hide their weakness by stifling dissent, debate and democracy” font_container=”tag:h3|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2019%2F12%2Fmagazine-big-noise-how-macho-leaders-hide-weakness%2F|||”][vc_column_text]The winter 2019 Index on Censorship magazine looks at how male leaders around the world are using masculinity against our freedoms[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner][vc_single_image image=”111045″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2019/09/magazine-border-forces-how-barriers-to-free-thought-got-tough/”][/vc_column_inner][/vc_row_inner][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Subscribe” font_container=”tag:h3|text_align:left”][vc_row_inner][vc_column_inner][vc_column_text]In print, online. In your mailbox, on your iPad.

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