Newspaper Legally Prevented From Reporting On Government

October 12th, 2009 | researchmaterial

This is just fucking disgusting.

The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.

Today’s published Commons order papers contain a question to be answered by a minister later this week. The Guardian is prevented from identifying the MP who has asked the question, what the question is, which minister might answer it, or where the question is to be found. The Guardian is also forbidden from telling its readers why the paper is prevented – for the first time in memory – from reporting parliament. Legal obstacles, which cannot be identified, involve proceedings, which cannot be mentioned, on behalf of a client who must remain secret.

The only fact the Guardian can report is that the case involves the London solicitors Carter-Ruck, who specialise in suing the media for clients, who include individuals or global corporations.

If it comes out that the Government were instrumental in having Carter-Ruck gag a national newspaper from reporting on Parliament, all hell will break loose. Christ, even if it turns out a single MP actually went out of his or her way to engage a legal firm against free reportage in Parliament…

EDITED TO ADD:

At parliament.uk, a free resource, one finds, in the “Questions for Oral or Written Answer beginning on Tuesday 13 October 2009″:

61 N
Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii) Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura.
(293006)

62N
Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, if he will (a) collect and (b) publish statistics on the number of non-reportable injunctions issued by the High Court in each of the last five years.

16 Responses to “Newspaper Legally Prevented From Reporting On Government”

  1. Oh wow, if an elected official tried to screw with constitutional rights in the US there would be lynch mobs.

    Actual lynch mobs, with rope.

  2. It seems just last month though Carter-Ruck was banging on the Guardians door over their story reporting the Trafigura toxic waste dumping (which killed 17 people).
    http://www.guardian.co.uk/environment/2009/may/13/trafigura-ivory-coast-documents-toxic-waste
    http://en.wikipedia.org/wiki/2006_C%C3%B4te_d%27Ivoire_toxic_waste_dump

  3. Yeah. The Guardian’s my daily newspaper.

  4. Oops. Looks like someone forgot to turn on their Streisand Effect dampening field.

  5. Can someone kind of summarize this? I’m just a stupid American after all. What’s Carter-Ruck / 61N, 62N all about? I take that’s what the Guardian can’t print, but ultimately, from my view, I don’t see what would be National Security or really all the bad in printing. Just odd.

  6. @James Bong
    Ha ha ha ha really? Like when the US government let Habeas Corpus die and no one cared? for example…

  7. Bill: Members of Parliament can ask the government questions to be answered in person by a government Minister, either in oral form (spoken in the house) or in written form (in which case they generally appear in Hansard, which is a daily report on the proceedings in the house).

    MPs generally table their question by addressing it to the Secretary of State, who then has the appropriate Minister provide an answer from his department. The ‘61N’ and ‘62N’ in this case are the ‘notice of question for written or oral answer’ numbers in the ‘minutes’ of the house.

    In this case, it appears that the MP for Newcastle has tabled a question asking whether the current laws protecting whistleblowers and journalists are sufficient, given that there have been two high profile cases (the Barclays and Trafigura cases mentioned) where injunctions have been granted against reporting them. It is highly likely that what is stopping the Guardian reporting in this case is the Trafigura and Carter-Ruck injunction probably contains a restriction on reporting anything at all related to the incident, including government proceedings on it. At least, that’s my reading of the situation anyway.

  8. It’s not about national security. It’s about power and privilege and the willingness of judges to bend over for big business. More details here: http://renekinzett.blogspot.com/2009/10/contempt-of-democracy.html

    Sorry for linking to a Tory blog, it has the details.

  9. @Dan Ballard

    Or when the 4th Amendment was effectively repealed by the Patriot Act and the erosion of FISA protections?

    Whew. Key members of Congress just barely escaped the chaos that overcame Washington THAT day. Shame what happened to the Capitol Building.

  10. [...] Newspaper Legally Prevented From Reporting On Government(warrenellis.com) [...]

  11. Details of the Minton Report on Wikileaks:
    http://wikileaks.org/wiki/Minton_report:_Trafigura_Toxic_dumping_along_the_Ivory_Coast_broke_EU_regulations%2C_14_Sep_2006

  12. 38 Degrees are currently running a campaign on this. Take action now by emailing your MP and asking them to take a stand. Take action now, it only takes 2 mins. Go to:

    38degrees.org.uk/stop-the-gag

  13. [...] – Warren Ellis responds. [...]

  14. Interesting bit on how this kind of excessive libel protection is being killed by the speed-media of Twitter: http://uk.techcrunch.com/2009/10/13/theres-nowhere-to-hide-if-your-name-trends-on-twitter-is-there-trafigura/

  15. Apparently Trafigura’s given up on attempting to gag the question in Parliament: http://www.guardian.co.uk/media/2009/oct/13/trafigura-drops-gag-guardian-oil
    The original injuction on the Minton report remains in place though.

  16. Welcome to Italy, mate! XD


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Not Even A Secret One

Kieron Gillen - 09 Feb 10

Complete Plan B Archive

Kieron Gillen - 09 Feb 10

The whole run of Plan B magazine has been released as a single 670Mb PDF. That’s 46 issues of some of the finest music writing of the decade. And a lot of posturing pretentiousness too. It’s like two of my favourite things for the price of one. Or none, as it’s a free PDF.

If you’ve any interest in music in the 00s, or music full stop, this is a great thing to just have on file. You’ll discover a new band every time you browse it.

Hell, it’s even worth getting if you’re one of the games journalist sorts. For the first 10-20 issues or so, I was doing games stuff for it. And Quinns and Mathew Kumar too, who I bullied into contributing. Very much written for the non-gamer about games which get pretty much no coverage, we had fun trying to decode the concept of Outsider Games.

Whole thing here. Go gets!

Coilhouse is Hiring! Apply Here.

Coilhouse - 08 Feb 10

Back around the time of Issue 03, we launched the Small Business Advertising Program to create affordable ad space for indie companies in the print version of Coilhouse. By the time Issue 04 rolled around, the number of advertisers had grown significantly – by this time, we had record labels, jewelry and clothing designers, sculptors, other magazines, web hosts, toy makers and graphic designers advertising in our pages. Click here to see them all. With editorial duties taking up more and more of our time as the weeks go by, the moment has come for us to seek help with the advertising side of running the magazine. We’re looking to hire an Ad Manager for our Small Business Advertising Program, starting with Coilhouse Magazine #05… and possibly subsequent issues.

Full details after the jump!


Read the rest of Coilhouse is Hiring! Apply Here.


Post tags: Coilhouse

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blissblog - 08 Feb 10

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blissblog - 08 Feb 10

State of South Carolina Secretary of State Subversive Agent Form

jwz - 08 Feb 10

Check the appropriate box. Do you or your organization directly or indirectly advocate, advise, teach or practice the duty or necessity of controlling, seizing or overthrowing the government of the United States, the state of South Carolina or any political division thereof?
[ ] YES [ ] NO

If yes, please outline the fundamental beliefs. If applicable, attach a copy of the bylaws or minutes of meetings from the last year.

"Inflection Points" Presentation

Open The Future - 08 Feb 10

For those folks who are interested, here's the Slideshare version of the presentation I gave last week at the Earthquake Engineering Research Institute annual meeting. I was asked to talk about foresight thinking, as the event theme was "The Big One of 2056: What Went Right?" a look at a fictional 7.8 quake in the SF region that was handled as well as they could imagine possible.

My goal was to offer a bit of reassurance to the audience that there is some real utility to thinking about the future, and to spell out (in a cursory way) the kinds of big picture issues they should keep in mind while looking ahead forty-six years.

By and large, it was a successful talk. The post-talk questions were engaged, with little push-back, and I'm told that the overall response from the audience was quite positive.

The talk was video recorded, and I'm told will eventually be available to the public. I'll link when that happens.

CAN GIFTING ECONOMIES SCALE?

John Robb - 08 Feb 10

A gifting economy is different from a barter or market economy in that valuable items are given away to those that need them, without any quid pro quo, exchange, or payment.  Gifting economics (lots of great papers on this topic) were/are the economic heartbeat of hunter-gatherer tribal cultures, the social organization where we spent 99% of our time as homo sapiens sapiens.  Barter was, in contrast, a mechanism for economic interactions between tribes.  

This gifting economic system wasn't based on pure altruism.  It did have an enforcement mechanism to ensure compliance with the system over the longer term.  On the positive side, there was an intangible increase in the social status (using personal or societal metrics) of a tribal member that gifted an item.  On the negative, a failure to offer hospitality or gifts to those in need was considered a mortal slight that could incite violence or expulsion from the tribe.

There were also a considerable number of drivers for gifting at the tribal level.  Here are some:

  • The survival of the tribe, as a group, was more important than the survival of any individual.  However, the loss of any individual could put the tribe at risk.
  • The generation of surplus and innovation was highly uncertain.  Sharing reduced that uncertainty to manageable levels.
  • Sharing reduced internal friction that could put the tribe at risk.

Scalability

It's pretty clear that the societal drivers of tribal gifting economics and the mechanisms of enforcement didn't survive the transition to a global social system composed of billions of members.   Simply, the connections between any two individuals (outside of immediate familial relationships) are too abstract for these drivers and enforcement mechanisms to be relevant.   As a result, market based mechanisms for economic interaction have gained dominance.

However, the ongoing shift of the global market-based economy from a trade in rival goods (tangible items that invoke zero sum economics) to digital non-rival goods (items that can be copied at no expense or diminishment, endlessly) provides a window of opportunity.  It may be possible to revive gifting economics for non-rival goods to amazing beneficial effect.   Some ideas on how this could scale:

  • Automated reputation metrics that enhance social status based on contributions.
  • Mechanisms built using MMO gaming as a way to tie successful gifting to status improvement (leveling) or an ability to attract investment.
  • The creation of an inside/outside barrier that separates a gifting economy from the global economic mainstream.   Automated mutual interdependence (see my friend Bruce Sterling's absolutely brilliant story on this:  "Maneki Neko").

Latest on SNOW

Jean Snow - 08 Feb 10

Latest on SNOW

So what’s the latest on SNOW? I guess two new developments art that I added a dedicated Twitter feed, and also created a Facebook fan page. The Twitter feed is mostly just automated with new articles from the site — because some people actually prefer that over RSS feeds these days — but I do keep an eye on it, and will reply to questions and comments. The Facebook page is just another way of putting the site out there, and should be a good way of informing members of SNOW-related events as they happen.

Regular content updates have also continued over the past week, with a few new guest columns and my regular news items. Here’s a list of what you may have missed over the past few days.