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I must confess that I do not like, and do not read, exposés of the private lives of celebrities. However, I like even less the judiciary's notion that the celebrities can expose their private lives when it suits them and sue newspapers when it does not. 

In Night and Day, the idealistic journalist pours out his feelings on the limitations of newspapers. "You don't have to tell me," he cries. "I know it better than you — the celebration of inanity, the way real tragedy is paraphrased into an inflationary spiral of hackneyed melodramas — Beauty Queen in Tug-of-Love Baby Storm...Tug-of-Love Baby Mum in Pools Win...Pools Man in Beauty Queen Drug Quiz. I know. It's the price you pay for the part that matters."

Stoppard was writing in 1978, and "Beauty Queen in Tug-of-Love Baby Storm" stories seem quaint now. Compare the News of the World's coverage of the Moors' murders with its account of the murder of Baby P. The paper spoke to a 15-year-old witness who, it said, lived at the family's "filthy, flea-infested north London council house with human excrement smeared across the walls and a putrid stench of stale urine that choked your throat. Still racked with guilt that she felt too terrified to act at the time, the teenager told how the stepdad: 

  • SLICED off the tot's fingertips with a Stanley knife and  wrenched off his little nails with pliers.
  • SMACKED his private parts with a shoe."

And so it went on. Not just the tabloids but the old broadsheets and the broadcasters are giving ever more explicit accounts of sensational stories that won't land them in the courts, rather than investigating the Iraqi arms dealers, Saudi bankers, Icelandic financiers, African dictators and post-Soviet oligarchs who will sue on the smallest provocation.

We need to import the American system of protecting comment on public figures from legal action unless malice or a reckless disregard for the truth drives the writer, for practical as well as moral reasons. Our judiciary is giving us the worst of all possible worlds: censorship when openness is needed and openness when a decent reticence is required. The "price you pay for the part that matters" is growing steeper by the day.

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Stephen Fox
October 16th, 2009
9:10 PM
TDK I don't see that Cohen is blaming lawyers, so much as the libel law here. Whilst some lawyers specialise in representing people who don't deserve defending (in my opinion), and make a lot of money doing it, the problem being identified is that the system is letting them suppress free speech that is true. It's a different thing. Steve, sounds like you're carrying a little excess malice yourself... maybe What's Left hit some tender spots with you?

Steve
October 1st, 2009
9:10 AM
well, for a start, look at who Cohen Claims 'Reading Lolita in Tehran' is dedicated to. and then seek out the book itself. then try looking up some of the other claims he makes, even using google, and you can see how inutterably shoddy a piece of work his book is.

Henry
September 29th, 2009
4:09 PM
Yeah, Steve - isn't it about time you do as sackcloth and ashes asks.

sackcloth and ashes
September 28th, 2009
8:09 AM
'the myriad factual errors in his book 'what's left'' Would you care to list these 'myriad factual errors'?

steve
September 26th, 2009
1:09 PM
Funny that Nick Cohen should complain about difficulties reporting the truth. notwithstanding the myriad factual errors in his book 'what's left', on his standpoint blog last month he hosted a serious accusation about Nick Davies and completely failed to back it up with evidence. The post no longer exists. With 'journos committed to the truth' like that... Sadly, Cohen's own work is too often motivated by the malice which, even under the not-entirely-desirable American system, would still end up with him in court.

TDK
September 25th, 2009
12:09 PM
Whilst I'm in agreement about the problem I'm uncomfortable about the blame being laid on lawyers. I don't expect lawyers to be either moral or immoral - they should be amoral. In Rumpole's phrase, they should be taxi's for hire with no regard to the unsavouryness or otherwise of their clients. They are there to help people with the law - all people. The law is the thing that is wrong and whilst you get there in the end you take a needless diversion into the make up of the judiciary. Perhaps you think barrow boys made better bankers in the 1980s?

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