14
Sep 12

Tunisia and its media: the quiet struggle heats up

If you want to understand what underlies the riots and attacks against US embassies across North Africa, have a look at one usually under-reported country where three people died in disturbances at the weekend. In Tunisia, the struggles of a newly-liberated Arab society over religion, society and law are being played out in and around the media.

Never seen as a cradle of revolution before 2011, Tunisian protestors triggered the Arab Spring. Overthrowing the dictator now looks like the easy bit. Working out new rules for a society which has thrown away the old ones turns out to be the hard part. The media, once run or intimidated by the state machine, has turned into one of the flashpoints. The first free elections saw a moderate Islamic party, Ennahda, come to power at the head of a coalition which faces more radical Islamists and Salafists one one side and the secular opposition parties (“leftist lobbies” in goverment language) on the other, some tainted by association with the old regime.

The pivot of the competition for power under new constitutive rules is not between “western” (i.e. Euro-American) ideas of liberalism and something vaguely labelled “Islamic” but between rival interpretations of Islam. There are many different versions of how Islam co-exists with civil society – and indeed whether Islam tolerates something we call civil society. Few regret the passing of corrupt Arab dictators such as Tunisia’s Ben Ali, but those dictators were aggressively secular.

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03
Sep 12

The Leveson Inquiry pre-positioning: editors a bit confused

The printing of naked photos of Prince Harry by The Sun exposed nothing very interesting about the prince but it did dislodge some very muddled thinking about the future of newspapers.

The short-term future for newspaper editors is dominated by the Leveson Inquiry, due to report in the autumn. The Inquiry’s chairman has been sending provisional summaries of his views to editors and they don’t like what they read, claiming that it hints at statute-backed press regulation. The government sounds wary. The opposition Labour Party is sitting on the fence on that issue, preparing to jump off on whatever side will cause the government most trouble, while keeping as much attention as they can muster on the issue of media plurality and ownership. These are all pre-publication manoeuvres. Nobody yet knows what Leveson thinks and positions will be amended or even abandoned when his views become clear.

The Prince Harry pictures gave editors a chance to rehearse their defences, which came in two varieties. The first is a broad press freedom argument which asks for licence to disclose anything which they deem interesting and which is within the law (and maybe a few things which aren’t). As a defence in court – prosecutions of News of the World journalists for phone-hacking and related offences are churning through the system in parallel to the Leveson Inquiry – this is unlikely to work (see this from the HuffPo by one of those arrested). We might christen this the “spacious elbow room” argument; popular papers need space to do what they do and to survive. A tincture of anti-establishment language is usually thrown in. Hence the ex-editor of The Sun, Kelvin MacKenzie:

“I’m unsure why the establishment hate newspapers so much but what I’d like to see is editors get off their knees and start pushing back against these curtailments in what will eventually, I promise you, lead to the closure of newspapers”.

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13
Jul 12

Press freedom in Ecuador: it’s not getting any better, but worse

http://i.telegraph.co.uk/multimedia/archive/01392/RafaelCorrea_1392296c.jpgSo far as Ecuador has had any recent coverage at all in the European media, it’s been about Julian Assange and his sudden flit to the Ecuadorean embassy in London to ask for political asylum. This may have served to distract from the latest extraordinary episode in President Rafael Correa’s war against the country’s news media (that’s the Prez above).

To judge by Google Analytics, very few of even my most faithful readers bother with my occasional posts about Ecuador. Even though I’m not an expert, I will keep recording developments when I can. It’s a living example of a truth often forgotten in the pampered, plural, media-saturated lands of Europe and America. It’s perfectly possible for progress in press freedom to be stopped and go backwards, particularly if the government concerned can be confident that few people are watching or care at all.

This is what Ecuador’s President Correa seems to believe. I’ll allow that he may have some reason to complain of his coverage. He’s one of the continent’s new group of radical presidents and the established centres of power, news media included, are not all sympathetic. But mounting a full scale assault on media freedoms with the aim of trying to insulate his government and office from scrutiny is a policy with two tiny, but nevertheless significant, weaknesses: it’s undemocratic and it won’t work.

Here’s the latest absurdity, as reported by the Global Post: a law designed to prevent news coverage having any political effect at all.

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01
Jun 12

Summing up what we’ve learnt on Leveson, Murdoch and law

My loyal band of Twitterati may have noticed that I’ve been in Australia, where I gave a talk in two universities trying to sum up what we’ve learnt from the Leveson Inquiry. British readers of this blog might well want to stop right here because a good deal of the talk below will be familiar. There’s a very short version on the Australian-based The Conversation, a site which acts as a web publisher for opinion and analysis on public affairs by academics. But in case anyone wants to see the full text, here it is:

Phone-Hacking, the Leveson Inquiry and Rupert Murdoch

Public inquiries – often thought of as deliberate, careful, rational procedures – often provide examples of the operation of the Law of Unintended Consequences. They don’t always work out as their instigators hope or intend.

So it is with the Leveson Inquiry, now running most days of the week in London. The Inquiry is formally into the “culture, practice and ethics” of something quaintly called “the press”. The inquiry’s terms of reference are very broad indeed. They cover standards, accuracy, regulation and law, media plurality and ownership, relations with both the police and politicians.

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28
May 12

The takedown of The Spear: necessary maybe, but sad all the same

The picture here has been causing a storm in South Africa and one of the country’s papers, the City Press of Johannesburg, has just been forced to remove it from its website. The image, by a South African artist Brett Murray, portrays South African president Jacob Zuma in the style of Soviet artists painting Lenin, but with one significant difference below the waist. (New readers start here).
The story can be told in two columns by the City Press’s editor Ferial Haffajee. At first she stood out against the bullying and the threats; then, fearful of the threats to her own staff and to the paper’s street sellers, she took the image off the site “out of care and fear”. As she writes, she was sick of the personal abuse. I can’t imagine that being a single, Muslim woman newspaper editor in South Africa is easy at the best of times (she was the first Coloured South African to edit a major paper). Threats of violence and abuse won decisively in this ugly time.

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16
May 12

Adam Boulton at Leveson: a lapidary exchange on the press

 

I reproduce without much need for comment a short exchange which occurred in the evidence given yesterday by Adam Boulton, political editor of Sky News, to the Leveson Inquiry. Other things which Boulton said may have generated more headline attention, but his clear-headed analysis here is more useful than hundreds of other such dialogues in explaining (while not excusing) the events which gave rise to the Inquiry in the first place. The questions were being put by one of the Inquiry counsel, David Barr, who starts by referrring to Boulton’s evidence statement.

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30
Apr 12

Leveson: how to avoid the pitfalls of “better mousetrap” press regulation

Towards the end of next month, the Leveson Inquiry into the British press will turn from its current, revelatory phase about media relationships with politicians and address again the knotty question of regulating journalism.

The inquiry’s most basic dilemma hasn’t changed: how to prevent and discourage the wrongs which have occurred without tipping over into state control of the news media. When he has grown bored and irritated with an editor waffling vaguely about how things will be improved by a few light adjustments to the present rules, Lord Leveson usually asks one of two questions and sometimes both: what would you actually do? will what you suggest command public confidence? Next month will bring forth a slew of ideas for regulation designed to work better than the much-abused self-regulation of the past. Legal and media experts are busy putting the finishing touches to better mousetraps.

The problems of “toughening” regulation are much greater than supposed, as I’ve argued here (£). Not least because regulation deals with sorting out things that have already gone wrong. What the Leveson Inquiry should also be concentrating on is how to encourage, in the culture of newsrooms, good practice which lowers the odds that bad things will be done. It should also look at whether the issue of regulation isn’t as much a question of legal process as much as one of regulatory machinery. That is to say that contributory factor in the accumulation of problems and resentment has been the cost and delay of taking legal action over libel or invasion of privacy. In this article I suggest that there is a way to interlock the rules of both law and a regulator to create a powerful incentive for journalism to rely less on tricks and illegalities.

If journalists were offered fuller and more consistent public interest defences in both criminal and civil law, those defences could be made available only to news publishers or broadcasters who could demonstrate transparent and enforceable editorial integrity and standards. With that incentive, websites and papers (broadcasters are separately regulated) would need to organise regulation among themselves which would show that they deserved the protection of a public interest defence. Trivial, sloppy or bad journalism which can’t claim a public interest justification gets no protection; better journalism at least has that line of defence available. That strikes me as the best way round the knotty dilemma: incentives not state-backed regulation.

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13
Mar 12

The release of Nedim Sener in Turkey – did an international fuss work for once?

From time to time the authorities intent on locking up journalists have second thoughts and we should mark it when they do. So it was this week when a Turkish court released Nedim Sener and three other journalists arrested in the Oda TV case connected to the (allegedly enormous) “Ergenekon” conspiracy.

Sener and several colleagues had been held for a year and had been the focus of a noisy international campaign, led outside Turkey by the International Press Institute. It’s easy for organisations like IPI to believe that while it may be their duty to protest and lobby when journalists are put in the slammer because of the opinions they hold, the results of such campaigns tend all the same to be meagre. So celebrations are in order when it seems to work. Sener was arrested a year ago this month, named a Press Freedom Hero by IPI in June 2010 and released nine months later. You can’t prove the causal connection, but….

It certainly seems to have made a difference to Sener’s time in jail. IPI director Alison Bethel Mackenzie said yesterday that Sener and his wife “today mentioned over and over and over again the impact of the letters that poured in from all over the world from IPI members and supporters, as well as the letters that were sent on behalf of the IPI board of directors and, separately, from the World Press Freedom Heroes. He also said that he had heard that board members sent letters to Turkish embassies in their home countries. He was very moved by that.”

The Ergenekon conspiracy trials are likely to run for years. Sener and three others are due back in court in June; six more defendants, mostly journalists, are still in custody (a taste of the arguments generated here) . Hundreds of people have been arrested for what is routinely described as a “conspiracy” to bring down the governing Justice and Development (AK) party led by prime minister Recep Tayyip Erdogan. I am not an expert on Turkey and no doubt there are no doubt parts of this complex story that I’m liable to misunderstand. But when I see a government arresting hundreds of people and constantly enlarging the scope of what cannot possibly have been any kind of efficient “conspiracy” – simply because the numbers claimed are so large – a warning light goes off in my head. Isn’t the alleged existence of this vast, all-connected conspiracy a bit too convenient to be plausible? (It predates Sener’s arrest and centres on the murder of Sener’s friend Hrant Dink, but there’s an excellent essay by British Turkey expert Maureen Freely on the complex politics of journalism and free expression in the country’s “embattled half-democracy”.)

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