Even by the usual brazen standards of human rights reporting, this correction from The Daily Mail stands out. Obviously, we weren’t meant to take Richard Littlejohn’s August 2014 comment piece seriously, it being semi-rabid comment bait, but surely the article should have included a health warning to that effect?
In”seriousness”, the Mail’s response to the false claim that “Others have won the ‘right’ to heroin and gay porn behind bars” is pathetic. The claim which has been corrected was not presented as a joke and it would not have been understood as one. As it happens, Littlejohn was probably referring to the longstanding human rights myth that a serial killer, Dennis Nilsen, was allowed to receive hardcore gay porn in jail thanks to human rights law. His case was in actual fact refused permission to proceed in the High Court – page 30 of this government report gives more detail:
Dennis Nilsen’s application was refused by the single judge at the permission stage. He did not establish that there was any arguable case that a breach of his human rights had occurred, nor that the prison’s rules were discriminatory. He also failed to receive any greater access to such materials as a result. The failure of his application at the first hurdle was not widely reported, nor his further failure on renewal.
On Friday 19 September I spoke at a very interesting conference at the University of Liverpool on Human Rights in the UK Media: Representation and Reality. My talk was entitled The Monstering of Human Rights. You can download it by clicking here (PDF). It is also embedded below.
As always, comments are welcome. There is quite a lot in there tying together some of the themes I have been writing about over the past few years. As a number of people pointed out in Liverpool, it is too easy to point to errors in human rights reporting as proof that all criticisms of the human rights system are bogus, which is clearly wrong. But nonetheless, misinformation and exaggeration is an important feature of the public debate on human rights and it is interesting to consider why that might be the case, and – a question which has troubled me over the past few years – how to stop it happening.
I expect the issue of human rights reform will arise again now that the Scottish referendum process has concluded and the political parties are setting out their agendas for 2015. It seems pretty clear that the Conservative Party will promise to repeal the Human Rights Act but what they will do in relation to the European Convention on Human Rights is still very much an unknown. My expectation is that they will not promise to withdraw from the ECHR. Not yet, anyway. Labour and the Liberal Democrats are likely to retain the existing system, with a few tweaks. But whoever wins the election, there is a huge amount of work to be done to repair the reputation of human rights laws in the UK and convince the public that they are, on balance, a good thing.
PS. if any kind soul would like to turn the PDF version into a HTML linked blog-ready post, I would be eternally grateful! Email me if you would be interested, you would of course get full credit in the ensuing post/s.
The Sun have printed another correction today in relation to its misleading human rights reporting. The correction, on page 2, can be read online or to the right of this post.
The correction was the outcome of a complaint I made about this article – I posted on it here. The main part of the correction relates to the entirely false claim that “The European Court stopped a British judge imposing a whole-life tariff on Ian McLoughlin”. The reality is that although judges were unsure whether they could impose the orders following Vinter v UK in the European Court of Human Rights, the Court of Appeal clarified in February 2014 that they definitely could. The Sun have now admitted that was the case.
I am happy that the correction has been made although as I have said before, the damage has to a large extent been done as – let’s be honest – how many people read the clarifications and corrections box (which is located immediately adjacent to the eye-catching Page 3…).
But what I found most interesting about the process, which was started by the Press Complaints Commission and concluded by its post-Leveson successor, the Indepenndent Press Standards Orgaisation (IPSO), was the initial response to my complaint (PDF here) by The Sun’s Ombudsman, Philippa Kennedy OBE, which I thought was needlessly aggressive and demonstrates a worrying approach to this issue. I will select a few choice quotes:
A quick note to alert you to three events I am speaking at in the next few weeks which may be of interest to readers. I’m on a bit of a roadshow.
1. Do religious courts protect human rights? 16 September 2014, 6:30pm
Well, do they? Come to JW3 on Finchley Road and find out! The event is organised by René Cassin and the UK Task Force. It is free but you need to register.
2. Human Rights in the UK Media: Representation and Reality, Friday 19 September 2014, 9:00am-5:30pm
I am excited for this conference at Liverpool University. There are a lot of excellent speakers, not least Professor David Mead who is giving the keynote. Register here (£25/£15 for students).
3. From Magna Carta to ECHR: do we need a British Bill of Rights? Monday 6 October 2014, 18:30-20:00
This is part of the Battle of Ideas festive. The event is at Foyles Bookshop on Charing Cross Road. The event should be sparky given the range of views on the panel: as well as me, Helen Mountfield QC, Jon Holbrook and Rupert Myers. Chaired by David Bowden. £7.50/£5 concessions.
At the risk of sounding like a broken record, The Sun has got it badly wrong on human rights. Again. On 24 August 2014 Craig Woodhouse reported that “Euro judges go against UK in 3 out of 5 cases” (£). This is false and seriously misleading.
I explored this issue in detail back in 2012 when the Daily Mail as well as others claimed that the UK loses 3 out of 4 cases. Since that debacle, the European Court of Human Rights has produced some very clear documents on the statistics page of its website.
According to page 8 of this document, there have been 22,065 applications against UK 1959-2013. That means that 22,065 people or so have brought cases against the UK. Of those cases, there have been 297 resulting in a violation.
I am no statistician but 297 as a percentage of 22,065 is not “3 out of 5″. It is in fact 1.35%. Less than 2 in 100.
As a brief update to my post from last week. The Tricycle Theatre and the UK Jewish Film Festival have settled their differences after an agreement was struck to end the theatre’s refusal to host the festival.
Despite its previously robust defence of the decision, the Tricycle appears to have entirely relented on the issue of Israeli Embassy funding. A joint statement has been published, stating amongst other things:
‘Some weeks ago the UKJFF fell out, very publicly, with the Tricycle over a condition imposed by the Tricycle regarding funding. This provoked considerable public upset. Both organisations have come together to end that. Following lengthy discussions between the Tricycle and UKJFF, the Tricycle has now withdrawn its objection and invited back the UK Jewish Film Festival on the same terms as in previous years with no restrictions on funding from the Embassy of Israel in London. The UKJFF and the Tricycle have agreed to work together to rebuild their relationship and although the festival is not able to return in 2014, we hope to begin the process of rebuilding trust and confidence with a view to holding events in the future.
Updated | Here is a good example of how human rights myths spread. In October 2013 the Daily Mail and other newspapers published some totally misleading and inaccurate figures about European Court of Human Rights damages. The following month, after a complaint and a slap on the wrist from the Press Complaints Commission, the Mail corrected its figures – the full story is here.
By like a particularly troublesome zombie, or Theresa May’s (zombie?) cat, human rights myths have a tendency to rise from the dead and this case is no exception. On 13 August 2014 Stephen Pollard, writing in the Express, said this:
Last year for instance figures released in the House of Commons Library showed that murderers, paedophiles and rapists had been given £4.4million of British taxpayers’ money because of rulings by the ECHR. Abu Qatada himself received £2,500 before he was deported as compensation for what was deemed his unlawful detention.