Ed’s detoxification of Blair-Brown authoritarianism welcome news

Written by Michael Harris on . Posted in Articles, Labour

Free Speech Is Not For Sale

This article was originally published on Left Foot Forward, during the Libel Reform Campaign’s lobbying of Labour party conference.

“I won’t let the Tories or the Liberals take ownership of the British tradition of liberty; I want our party to reclaim that tradition” – Ed Miliband’s leadership speech was a strident attempt to detoxify the Labour brand from the widely perceived authoritarianism of the Blair–Brown years.

It’s not an original opinion to stress that Labour’s record on civil liberties was patchy at best. There was a schizophrenic schism between big ideas such as the Human Rights Act and the Equalities Act, and then a knee-jerk reactionary impulse especially when it came to the detail of legislation.

So the party that embedded Strasbourg jurisprudence into UK law via the Human Rights Act (a progressive act hated to this day by the Tories), also attempted to bring in 90 days’ detention, locked up asylum seekers including children, and restricted the right to protest in Parliament Square.

Jack Straw embodied this in 2000 with his dyspeptic gut-reaction to the judiciary when it argued against him abolishing the right to trial by jury with his attack on “woolly minded Hampstead liberals”, whilst in the same speech defending the Human Rights Act. Triangulation failed – simultaneously sending scores of small ‘l’ liberals to the Liberal Democrats, whilst those we were attempting to court abandoned us (especially C2/DE voters).

Our attempts at populism fell at a significant hurdle: they weren’t popular. Public support for ID cards fell from around 85% per cent of people backing ID cards (MORI) in the weeks after 9/11 to under half by late 2008 (ICM). Support for 90 days’ detention fell to just 20 per cent of voters by November 2005 (ICM), yet as unpopular as this was, Gordon Brown went back to this issue in Parliament in a bizarre Pavlovian moment of reaction.

It was great to see Ed distance himself from this yesterday: but we must always remember that British liberties were hard fought and hard won over hundreds of years. We should always take the greatest care in protecting them. And too often we seemed casual about them. Like the idea of locking someone away for 90 days – nearly three months in prison – without charging them with a crime. Or the broad use of anti-terrorism measures for purposes for which they were not intended.

As Ed develops a clear narrative that endorses civil liberties, it would be good to see a strong Labour position on reforming our libel laws to protect free speech, protecting the right to protest and freedom of association, prison reform, and looking again at anti-terror legislation. Ed’s speech was a good starting point for Labour to revalue where we stand on civil liberties, and a call to those who left our party over our authoritarianism to come back home.

Take to the Tweets – trade unions and twitter

Written by Michael Harris on . Posted in Articles, Labour

Mike Harris public affairs consultant

This article first appeared in the Autumn edition of ForeFront magazine.

Last June, hundreds of thousands of ordinary Iranians took to the streets in the aftermath of Iran’s disputed presidential election. It used to be hard (and slow) work to organise street protests, with activists using underground samizdat printing presses at great risk to themselves, and their families. But now, in the new social media age, a single tweet (message via Twitter) can inform hundreds, if not thousands, of activists where to meet. More importantly, tweets can be hard for the authorities to trace.

Trade unions have an essential role to play in civic society. Now more than ever, members of trade unions in both the public and private sector face unparalleled challenges to their livelihoods. So, how can social media make a difference?

I manage the Libel Reform Campaign a coalition between English PEN, Index on Censorship and Sense About Science. We aim to change our libel laws which currently allow global corporations accused of appalling practices in third world countries to silence their critics using the High Court in London. We’ve used social media to great effect – 52,000 people have signed our online petition with 38% of them visiting our website via Facebook and Twitter.

The most important thing to remember when attempting to use social media to communicate a message is that prefix, ‘social’. Social media relies on the trust individuals place in the communicator of the message. Stephen Fry has 1,638,105 followers on Twitter simply because people like him. In this format he has serious clout: a single one-off tweet by Stephen Fry drove 1,918 people to our website.

It may be the case that corporations or trade unions aren’t ideally suited to a media like Twitter (who wants to follow PepsiCo?) – but individuals are. Rather than holding a monolithic Twitter account to push out messages, unions need to encourage everyone from the general secretary through to shop stewards to activate an account. How many people read every union email they receive? But if colleagues and friends are twittering a message from my union I’ll engage and take action. But – social media isn’t a panacea to falling participation and membership of your organisation. Whereas it can engage people quickly in your campaigns, the social element is key: you need a core of active people. Our campaign worked because we embraced this ‘social’ element with pub meetings, debates in Parliament and regular get-togethers. Twitter users met for the first time over a pint and could get involved in our work. We embraced spontaneous action by others.

For unions, social media is an opportunity especially in workplaces with low trade union density. A few highlynetworked individuals can drive membership throughout an organisation. The CWU’s Pat Carmody unionised a north London call centre, staffed by many temporary staff, against the best attempts of the management to prevent him. As nearly all the mostly young staff had Facebook, a Facebook group was set up. As each call centre worker joined the group their friends on Facebook were notified, which in turn drove fellow call centre workers to join – especially as it was the only Facebook group for their workplace. Social events – there’s that word again – were organised (paid for by the union) with live music and food which brought yet more people into the fold; nearly all of whom have never been a member of a union before. Social networking works at a micro level. For unions to embrace it they must think about why they want to use it, but also who is best placed to communicate their message. The union man Lech Wałęsa struggled against the odds to maintain his illegal strikes against the authoritarian regime in Poland. Modern struggles are now easier thanks to these transformational technologies; but you still need individuals to drive change.

■■ Mike Harris is a public affairs and media consultant and a member of Unite and the CWU.

Harnessing Celebrity Support: an interview with Mike Harris

Written by Mike on . Posted in Articles, Blog, Free expression

ifex mike harris

Harnessing Celebrity Support: an IFEX interview with Mike Harris

This was originally published as a briefing on campaigning for partner agencies of the International Freedom of Expression eXchange: The global network for free expression.

England’s libel laws have been condemned by the UN Human Rights Committee for seriously hampering free expression, and for good reason. Among other major issues, the legislation doesn’t put the burden of proof on claimants to show statements are indeed false; there is no cap on the amount one can sue for; and there is scant mention of the public interest in the legal text. It should come as no surprise that foreign corporations and businessmen choose to sue for libel in the United Kingdom (UK), where they’re likely to get a favourable result. The practice is so common it has its own moniker: “libel tourism.”

It should also come as no surprise that UK-based IFEX member Index on Censorship has launched an all-out war on the anti-free expression aspects of the legislation. With celebrities enlisted and Twitter employed as its most powerful weapon, the organisation teamed up with English PEN and Sense About Science to launch the Libel Reform Campaign in December 2009 (http://www.libelreform.org).

Included among the campaigns supporters are comedians Stephen Fry and Shazia Mirza, fiction writer Monica Ali, physician and renowned columnist Dr. Ben Goldacre, and poet and novelist Sir Andrew Motion.

“Comedians understand freedom of expression, a lot of comedians use risqué comedy so it’s a very easy issue to get them interested in,” says Index on Censorship’s Michael Harris, the public affairs manager of the libel reform campaign. When looking for big names to get behind libel reform, the groups focused on those who were most likely to be affected by repressive libel legislation: writers, editors, artists, broadcasters and even scientists whose research could “libel” corporations.

Organisations should choose celebrities who are truly passionate about the cause, says Harris, but they should use their time strategically and be careful not to ask too many small favours. Instead, organisations should prioritise their promotional needs so that celebrities can focus on the big, important events.

“You need to feel it out, get an idea of how much time they have to give,” says Harris. “You don’t want to ask too much.”

Using Twitter as part of the campaign ensured that celebrities could have a big impact with a miniscule time investment. Big name supporters like Fry and others have sent tweets to their followers that encouraged them to go to the libel reform website, attend fundraising events and sign the libel reform petition. By linking to reports or columns, the celebrity tweeters can also educate their fans about the issue. Through piggy-backing on the fan base of celebrity twitter accounts, the campaign has managed to attract around 50,000 supporters, a level of public support that wouldn’t have been possible without the social networking tool, says Harris.

Not only can Twitter reach hundreds of thousands in a matter of seconds, it isn’t confined by geography. “At our campaign events, we’ve spoken to people from all over the country,” says Harris. “A lot of the times we’ve been quite London-centric in our campaigns but with Twitter, users can be anywhere in the world.”

Twitter has its drawbacks, however. People receiving tweets are often on the go and may not be able to concentrate on much more than a single tweet’s 140-character limit. If your organisation needs people to devote their time and attention by, for example, writing a letter or attending parliament, Twitter may not be the best promotional tool. Instead, Harris says, “Twitter is very good at getting people to do a single action – click here, think about this, do this.”

Harris also underlines the importance of hosting events where tweeters, bloggers and technophobe free-expression advocates alike can meet in person. When fellow supporters meet each other, they become further galvanised and are more likely to work together on the web. “People will pass on messages far more readily if they have that real, social connection with the person who is posting something,” says Harris. Recognising this, the campaign hosted a series of “pub discussions” that brought together long-time free expression activists, tweeters and new recruits. “People get a stronger emotional involvement with the campaign when they meet other advocates,” says Harris.

To compensate for Twitter’s disproportionate focus on the young and tech-savvy, the campaign also employed different methods to reach out to non-tweeters. Celebrities were asked to publish opinion articles in major newspapers that outlined the necessity of libel reform (sometimes these columns were ghost-written by the organisation). Public figures on board with the campaign talked about libel reform in their blogs, on the radio and on TV. The campaign also held several events, including a panel discussion on how the laws impact documentary films, and a star-studded comedy evening that raised £15,000 pounds (approx. US$23,000).

Thanks in no small part to the work of Index on Censorship, English PEN and Sense About Science, England’s three major political parties now support libel reform, and in early April, the Justice Secretary Jack Straw said the government would change the libel laws. Among other reforms, he promised that claimants can’t argue that damages have been “multiplied” when a statement is re-published on websites, blogs and picked up by other publications; procedural changes will address the “libel tourism” problem and action will be taken to somewhat reduce the heavy legal cost on defendants. Many more reforms are required to ensure England’s legislation no longer puts free expression rights in jeopardy at home and abroad, but these recent developments mark major progress. Look out those hoping to silence detractors in London courts: comedians, activists, writers and tweeters aren’t about to back down.

Election 2010

Written by Mike on . Posted in Articles, Blog

From SpoonFed Comedy:

Finally, the election campaign is nearly over. No more sleazy headlines, billboards, slogans, television debate analysis or hysteria over the word ‘bigot’. No more Peppa Pig (seriously, whose idea was it to involve a cartoon pig in the election?).

You’ve registered, you’ve cast your vote and now all that’s left is the waiting game. And what a slow, dull waiting game it is. Pie charts, swingometers, David Dimbleby in high def. It’s not really worth staying up to the crack of dawn is it? It’s lucky then that political campaigner and events organiser Becky Luff has come up with a much better alternative.

Teaming up with climate activist and musician Deborah Grayson and human rights lobbyist Mike Harris, Becky is organising a special election night comedy marathon at the Bethnal Green Working Men’s Club. The nine hour gig will featuring live performances from some of the best comics on the circuit, video link-ups with parties across the country, an all-night bar, DJs, dancing and full TV coverage of the results.

“The first few hours will be stand-up and music and then at around midnight when the results start to come in we’ll be focusing more on coverage”, said Becky. “We’ve got Robin Ince and Martin White coming down with Thom Tuck (The Penny Dreadfuls) and Terry Saunders hosting. Sara Pascoe, Tom Allen and Guardian columnist Ben Goldacre will also be there and at about 4am we’ll be linking up to Josie Long who’s currently in New Zealand for their comedy festival. We’re also using Skype to chat to mind-reading comic Chris Cox in Australia. Hopefully he’ll be using some of his powers to predict the results.”

As well as hearing amusing commentaries from comedians across the world, there will be live links to politicians waiting for the results and apperances from campaign pundits giving their take on the elelction so far. Downstairs, DJs will be playing a special election-themed playlist and there will even be an ‘Outrage Rooom’ where people can watch Sky news results as they come in and get appropriately hot and bothered.

The Working Men’s Club doors open at 8pm and the performances are due to start at 10pm. There’s plenty of entertainment organised to fuel the party too (apart from the all-night bar) with scavenger hunts, competitions and tasks for the audience to keep everyone going till the early hours.

You can also order in your own takeaway, make some electoral bets with the BGWMC’s very own Tic Tac man and get some issues off your chest in Speaker’s Corner. For any troopers still there at 6am, Becky will be taking a team down to Westminster to welcome in the new government.

So hung parliament, schmung parliament. Whatever happens, at least you can have a bloody good laugh at the outcome.

Tickets are £8 in advance and £5 after 2am.

Britain’s Digital Economy Bill Has Huge Implications for Freedom of Expression

Written by Michael Harris on . Posted in Articles, Free expression

arguing-the-world

This article was originally published by Dissent on their excellent Arguing the World website.

Content creators haven’t had it easy in the last few years. The almost endless expansion of the Internet’s capacity to move content—first copyrighted text, then images, audio, and video—has fundamentally undermined the pay model of those who produce content. So the lobbying for draconian measures to protect traditional notions of copyright in Britain’s Digital Economy Act has been intense.

Lobbyists told politicians that:

British musicians, singers, actors, writers and directors are known and loved around the world and create some of our greatest assets. Together they contribute more that 7 percent to the UK economy.

The Digital Economy Bill brings both of these together. It will ensure that British creators, entertainment companies and the 1.8 million people who work in and around the cultural sector are respected and rewarded in the future as they have been in the past, and that they are fairly paid when they put their work online.

The lobbyists won. The Digital Economy Bill that was rushed through Parliament contained controversial clauses that potentially allowed “a three strikes and you’re out” rule that would block access to the Internet for users who are alleged by content creators to have downloaded or shared copyrighted material.

Although the specific clause that allowed for disconnecting a user’s access to the Internet did not pass (though the government intends to bring this back to Parliament after the election on May 6), the UK’s communications regulator (known as Ofcom) will still be able to order Internet service providers (ISPs) to sanction speed blocks, bandwidth shaping, site blocking, account suspension, and other limits against an ISP customer accused of downloading copyrighted material.

While content creators have every right to defend their material, the provisions in the Digital Britain Bill are arguably an extremely authoritarian way of going about this. The Courts will not decide whether an individual should be barred from having an Internet connection—but a tribunal panel at Ofcom. And if individuals appeal, they will shoulder one third of the costs of such an appeal without recourse to legal aid. As a result, it will only be a matter of time before national newspapers will carry stories of poor disabled people on council estates facing disconnection from the outside world—and with no money to appeal such a decision.

If you think this only affects Internet users in Britain, think again. As with so much illiberal legislation, once mandated in one country, it begins to creep abroad. As Ian Brown, of the Oxford Internet Institute writes in the latest edition of the Index on Censorship magazine: “The European Commission has been secretly negotiating a new anti-counterfeiting treaty with the US, Japan and other developed nations that would mandate a three strikes policy.”

THE DIGITAL Economy Bill also contains clauses that allows a secretary of state, by order, to apply technical measures (as described above) against any user for any reason—for example, a political or religious Web site considered extreme by the government of the day.

In 2008, the former Home Secretary Jacqui Smith told BBC Radio 4:

We need to work with internet service providers, we need to actually use some of the lessons we’ve learned, for example about how to protect children from paedophiles and grooming on the internet to inform the way in which we use it to prevent violent extremisms and to tackle terrorism as well.

In the event of another homegrown terrorist attack on UK soil, amending the Digital Economy Act to give a secretary of state the power to ban any website he or she chooses would be entirely possible under existing clauses of the act. At most it would require a “statutory instrument,” a type of mini-bill, that doesn’t need to be voted through Parliament but instead is voted through “on the nod” by a small Committee of MPs (this is how government Whips almost always get their way by convention).

The Digital Economy Bill passed through Parliament with almost no debate. Tom Watson MP, a close ally of the Prime Minister Gordon Brown, was moved to rebel against his party. With legislation now at European level and the possibility of this legislation creeping abroad, what happens next? Ian Brown suggests it’s not over yet:

The House of Commons may have rushed through the Digital Economy Act with minimal scrutiny, but I think public protest over its far-ranging provisions is just warming up. Most of the UK’s 50m Internet users are only just hearing about this threat to their ability to work, learn and express themselves online.

The Internet’s democratic potential will be damaged by powers in the Act for users to be disconnected and websites to be blocked. But in the meantime, the tens of thousands of citizens who complained about the lack of debate to their MPs will be thinking about next month’s general election. Voters have an ideal opportunity to favour candidates that support freedom of expression and promise to block the secondary legislation that is still needed in the next Parliament to bring many of the Act’s provisions into force.

On open primaries

Written by Mike on . Posted in Articles, Labour

arguing-the-world

Over at Labour-Uncut, a new blog launched by former Labour MP Sion Simon, a counter-debate is opening on the future direction of the Labour party (and wider, the British Left).

The siren voices of the left are calling, and party members seem to be sleepwalking into a position where Labour retreats from the center-ground of British politics. It’s not hard to see why—with the Conservative and Liberal Democrat parties firmly encamped upon the mythical “center” of the British political spectrum, there is little space for the official opposition.

John McTernon, Tony Blair’s political secretary, and Benjamin Wegg-Prosser the Director of Strategic Communications for Blair, argue here and here that such a move would condemn Labour to another long spell in opposition.

McTernon says a fascinating thing:

We lost, not amongst the 29% who voted Labour or (generously) the 10% of voters who pay the levy or join the party. We lost among the middle-ground decent folk of Britain. If we were serious we’d let voters in Brighton, Redditch and Redcar choose our next leader.

Sadly, he doesn’t follow his brave thought through to its logical conclusion: the open primary. Labour’s membership is sensible but narrow. The Electoral College is comprised of one third MPs, one third party members, with the final third given to the trade unions. A series of primaries, across the country, would give ordinary people the opportunity to participate in a debate that is much-needed: What sort of Labour party do the British people want?

The other problem with relying on our membership is that it feels like time for a counter-revolution. Thirteen years of power have been hard work and challenging. Personally, I’ve felt deeply uncomfortable about a knee-jerk authoritarianism on civil liberties. Opposition on the other hand is comfortable. We could end up tearing up popular policy positions in search of a new identity—the cult of a “new politics“—that leads us to mirror the existing administration or hold contrary views for their own sake. Without a grounding in public opinion we could repeat this exercise for some time.

The Tories picked Cameron because they were desperate for power. They knew they had to compromise their narrow agenda for a broad platform fit for a government. We need a similarly broad agenda. This can only come from an intelligent debate within Labour but also a serious engagement with the electorate. To do this, selecting our next leader and their platform in a series of open primaries is a necessity.

Progress has a written consultation on open primaries here.