Which is worse: fantasy presented as fact by a high-ranking veteran journalist — or by film-makers not in the documentary business?

Third view of 'The Mysterious Baths,' Giorgio De Chirico (see the last two posts)Photograph by MIL22

Third view of ‘The Mysterious Baths,’ Giorgio De Chirico (see the last two posts)
Photograph by MIL22

Surrealism. Surely, the art movement for our time.

What other tradition in image-making supplies better backdrops for recent events in — say, the dance between media and human life?

On that subject, we are making quick notes about what we know we will find impossible to believe without them, at some future date:

Item 1: a well-known columnist and ex-editor, Simon Jenkins, howls in outrage about facts twisted to heighten the drama in two feature films inspired by recent history.

His opinion on the subject matters. He has been chosen as a special adviser on decisions related to future press regulation, the focus of governmental negotiations with newspapers in the wake of the Leveson Inquiry. This is an appointment that, for reasons deducible below, amounts to giving the machine-wrecking Ned Ludd of Luddite fame a job as factory foreman.

Simon says, about two new films, Argo, whose subject is the escape of U.S. diplomats from Iran in 1979, and Zero Dark Five, a dramatisation of the military operation that killed Osama bin Laden:

Makers of films captioned as “true stories” claim either that fabrications do not matter as they are “just making movies”, or that they are justified in a higher cause. Yet they can hardly be both. Cinema in my view is the defining cultural form of the age. It deserves to be taken seriously, and therefore to be criticised for shortcomings. If the most celebrated of “docudramas”, Spielberg’s Schindler’s List, could go to lengths to authenticate its storyline, why should not any film claiming truth to history?

This is an intrinsically odd objection. The tradition of pretending to tell the truth in the service of art goes back as far as the book considered by some authorities to be the first novel, in the West, Don Quixote (originally, The Ingenious Gentleman Don Quixote of La Mancha; 1605). Miguel de Cervantes, the author, pretended to be merely the translator of an actual historical record of Quixote’s adventures by a Moorish scribe, Cide Hamete Benengeli. The exhausting true title of the book most of us know as Robinson Crusoe (1719) is The Life and Strange Surprising Adventures of Robinson Crusoe, of York, Mariner: Who lived Eight and Twenty Years, all alone in an uninhabited Island on the Coast of America, near the Mouth of the Great River of Oroonoque; Having been cast on Shore by Shipwreck, wherein all the Men perished but himself. With An Account how he was delivered by Pirates.

A delightful essay about Daniel Defoe’s winking invention of Crusoe — unrelated to the subject of this blog — appeared in The Wall Street Journal a few days ago. It describes critics complaining about Defoe ‘going too far in in creating the novel’s solid sense of actuality’. But that is irrelevant to its status in posterity. The essayist, Danny Heitman, is hardly isolated in declaring that ‘the book’s most abiding message is its affirmation of literature itself.’

Item 2: the same journalist, Simon Jenkins, foists a bizarre reality-distortion field on readers every time he writes about internet culture and our increasingly computer-permeated lives.

Against ever-longer odds, he strains to persuade us in elegant prose that we are well on our way to post-digital life. Is he joking? Apparently not, as he goes to pains to present curious factoids for substantiation — for instance, these:

A mild sensation was created this summer by the revelation that Google, Apple and Yahoo executives were sending their children to California’s Waldorf schools, where computers are banned. The masters of the e-universe appear convinced that computers “reduce attention spans and inhibit creative thinking, movement and human interaction”. Classes have reverted to using blackboards, chalk, pens, paper, books and even teachers.

Post-digital is not anti-digital. It extends digital into the beyond. The web becomes not a destination in itself but a route map to somewhere real.

Really? How many children were involved in this trend supposedly sweeping Silicon Valley? An inconsequential sub-fraction — according to one blogger’s good humoured evisceration of the non-evidence in an excellent post on Papyrus News about the rather less overblown report in The New York Times on which Simon was apparently leaning:

The article [mentions] four Silicon Valley firms: Google, Apple, Yahoo, and Hewlett Packard. Between them, those firms have tens of thousands of employees, with tens of thousands of children. A total of 294 children go to the Waldorf School (not all of whose parents work in high-tech industries). Does that mean that 99% of employees in high-tech firms believe that computers do have a role in education?

Nowhere are classrooms ‘reverting’ to chalk and blackboards. In the very week in which Simon wrote his screed, the most-discussed news in education was the explosion in disembodied learning through online courses offered by universities like Stanford and internet tutoring in maths and science for school children.

Nor has he yet produced a single convincing argument or anything resembling a fact to support his prediction of a transition to ‘post-digital’ existence — now mentioned by him in at least three columns.

In 2009, he announced — and was congratulated by several naive commenters for his revelation — that there was a reason why ‘the ghost of Gutenberg’ was about to ‘die laughing.’ And why was that? According to Simon, a new venture was downloading text from the internet and selling on the streets of San Francisco a publication called The Printed Blog. Lo! he crowed triumphantly, ‘[F]or the Jeremiahs who tell me that I and my medium are doomed to litter the fish-shop gutter, I have news. . .’.

If nothing was heard of this thundering victory before he wrote his column or since, it is because there never was any such publishing exercise in San Francisco. You might imagine that either he or his editors should have discovered that themselves — simply by checking, a basic act in journalism — for the column grandly titled ‘Old is new. Even Gutenberg’s ghost has returned to live in Silicon Valley.’ (N.B.: a detail: San Francisco is not and never has been considered a part of the cradle of high technology.)

Yet, last weekend, there was Simon himself playing scolding schoolmaster,

Fiction may be free and facts expensive, but film-makers are not short of researchers. Commentators may be accused of choosing facts to prove their opinions – plague the thought – but that is different from falsification. Nor do they excuse lies as higher truth. The licence to report carries responsibilities.

Well. Erm … yes.

Item 3: a judge cites the fictional spy James Bond’s wide renown to justify a real-life decision unfavourable to chiefly female petitioners treated by undercover police as sexual prey. Some of these policemen had children by the women, even five-year relationships with them, then disappeared without a trace.

In a column last week, Jonathan Freedland recorded with fully-warranted fury that

Mr Justice Tugendhat […] ruled on whether a case brought by 10 women and one man duped into fraudulent relationships by undercover police officers should be heard in open court or in a secret tribunal.

The decision hinged on whether the law governing agents of the state allows them to form sexual relationships with those they spy upon. The good judge believes that when MPs wrote the Regulation of Investigatory Powers Act (Ripa) in 2000, permitting undercover police to form “personal or other” relationships, they must have meant it to include sexual relationships. After all, the legislators were bound to have had one particular secret agent in mind. “James Bond is the most famous fictional example of a member of the intelligence services who used relationships with women,” Tugendhat declared, lending “credence to the view that the intelligence and police services have for many years deployed both men and women officers to form personal relationships of an intimate sexual nature”.

[…]

Those involved tell of deep and genuine attachments, the men integrated into their lives as partners, living together, travelling together, attending family gatherings, sitting at a parent’s bedside, even attending a funeral.

[…]

[T]his was the hacking of people’s lives, burrowing into the most intimate spaces of the heart in order to do a job, all authorised by the police. It is state-sanctioned emotional abuse …

Such horror was nearly as hard to believe as Simon Jenkins’s assertions that print was on its way to re-capturing eyeballs lost to screens, or that computers were on their way out of education — only it was actually inflicted on real people.

Item 4: a teacher of the storyteller’s art complained in The New York Times, a fortnight ago, that most of his students were no longer capable of constructing narrative fiction that made sense of the world.

That will hardly surprise any reader who has reached this paragraph of our post. The teacher, Steve Almond — whose splendid essay deserves to be read in full said, in part:

About 10 years ago, in creative-writing classes I was teaching, I began to encounter a particular species of student story. The hero was an unshaven man who woke in a strange room with no idea where he was or why. Invariably, something traumatic had happened to him, though he didn’t know exactly what. The rest of the story sought to reconstruct his arrival in these dire circumstances, via scenes that had been chronologically mutilated for maximum profundity.

My standard reaction to such pieces was to jot earnestly flummoxed queries in the margins like “Where are we?” and “Is it possible I’m missing a page?”

[…]

The underlying … question is whether the story of our species — the greater human narrative — has simply become too enormous, too confused and terrifying, for us to grapple with. This might explain why so many of us now rely on a cacophony of unreliable narrators to shape our view of the world and ourselves …

… So, to summarise these jottings in reverse order: people whose job is to tell stories have given up on trying to make sense; judges justify police mistreatment of citizens, citing figments of a novelist’s imagination as proof of societal sanction for it; a journalist prone to presenting wild invention as fact admonishes spinners of screen fantasies for not doing what is supposed to be his job — strict adherence to the truth.

There is an ancient Hindu conception of the world as all-maya — which means, illusion.

There was a time, not long ago, when it was hard to understand.

Forget #Leveson. Journalism’s future is about being held to account by us, not judges or statutes

Pop Art tribute by the surrealist Giorgio De Chirico from another another angle (see last week's post)Photograph by MIL22

Pop Art tribute by the surrealist Giorgio De Chirico from another another angle (see last week’s post)
Photograph by MIL22

Lord Justice Leveson believes — or must now pretend that he does, for political reasons we explained in a recent post:

[B]loggers and tweeters … have no real reputation for accuracy or reliability but are, in many ways, no more than electronic versions of pub gossip […O]n the other hand, the established media and established journalists … have a powerful reputation for accuracy …

 — lecture at Melbourne University, 12 December 2012

… and …

The internet … does not trade in gossip. It simply publishes it online, […I]t does so without, as yet, any general standards of behaviour, such as those to which the media is held.

 speech at the University of Technology in Sydney, 7 December 2012

The truth is that without thoughtful, diligent bloggers — and other agents of free speech — this trenchant perception from nine decades ago would still apply with full force:

[J]ournalism is supposed to tell us what is happening. It actually serves up a mixture of true facts, false facts, and comment … ‘The high mission of the Press.’ Poor Press! As if it were in a position to have a mission! It is we who have a mission to it.To cure a man through the newspapers or through propaganda of any sort is impossible: you merely alter the symptoms of his disease. We shall be purged only by purging our minds of confusion. The papers trick us not so much by their lies as by their exploitation of our weakness.

— E. M. Forster, 1925

Here is the concluding sentence of an exposé of serious misreporting by the press of an important government reaction to Lord Justice Leveson’s report — a warning by the Information Commissioner, Christopher Graham, about just one of the judge’s recommendations, in a favourable overall assessment of them:

Unfortunately, the press has once again, sacrificed balanced and accurate reporting of facts in order to promote its own political agenda.

Of course that would hardly surprise Forster, a subtle and deep social observer (whose perspicacity we have alluded to before, in the very different context of the British Raj in India). The blog post from which we clipped that grim conclusion is reproduced below with the kind permission of Hugh Tomlinson at the International Forum for Responsible Media (INFORRM) — which, as far as we can tell, is run not by members of the media but lawyers with a social conscience.  Its subject is the distorted newspaper reports of the Information Commissioner’s reservation about Lord Justice Leveson’s suggestion on ‘subject access’ — that the subjects of news stories be permitted to examine the information about them in the files of journalists (with the 1998 Data Protection Act as his context). This is an eminently reasonable objection: opening journalists’ records to their subjects would make it it impossible to protect vital confidential sources. … But that is no excuse for the comprehensive misrepresentation by the press of what the Commissioner said about the Leveson report — as the INFORRM post explains in the fine and somewhat technical details it must, to justify its condemnation beyond any possible defence.

Independent voices like INFORRM’s are exactly what Forster wanted — members of the public, us, purging press lies from society’s store of critical information, without fear or favour, and treating upmarket broadsheets like The Guardian no differently from downmarket tabloids like the Daily Mail, when they are guilty of the same offences against the truth.

News: Leveson Recommendations – the Information Commissioner responds and the Press misreports

9.01.2013

The Information Commissioner has published his response to the Leveson Report.   His response was overwhelming positive, agreeing with the large majority of recommendations including, in particular, the recommendations about tougher sentencing for data protection offences.  This would not, however, have been clear to readers of the British press.  Newspaper reports of the response concentrated on one sentence of the 20 page document dealing with one part of one recommendation.

The Recommendation in question was number 49 – concerning the removal of the right of subject access from the “journalistic exemption” in section 32 of the Data Protection Act 1998 (a recommendation qualified by reference to the need to ensure the protection of journalist’s sources was not affected).  The Information Commissioner commented (on page 11 of the Response) that

“The area of subject access is particularly problematic in that there are legitimate concerns about the ‘chilling effect’ Lord Justice Leveson’s proposal might have on investigative journalism. This area will need very careful consideration. This again is a matter of balance of interests and is ultimately a matter for Parliament”.

This comment was transformed into the “Daily Mail” headline, “How investigative journalism ‘could be harmed by Leveson’, says Information Commissioner”.  The words “could be harmed” do not, in fact appear in the Information Commissioner’s response. The opening paragraph of the “Daily Mail” story is wholly misleading

“Key proposals in the Leveson Report could harm investigative journalism, the Information Commissioner warned yesterday”.

The Commissioner gave no such warning and did not cast doubt on “key proposals” – but rather, raised a question about one small part of one proposal.  The “Daily Telegraph” had the headline “Leveson could have “chilling effect” on journalism, Information Commissioner warns”.  No such warning was given.

The Guardian did not do much better with the headline “Leveson data protection plans ‘could have chilling effect on journalism‘.  Again, the words “could have a chilling effect” do not appear in the response.  The “Guardian” also, wrongly, states that the Commissioner said he would “actively oppose” changes to the role of the ICO in relation to the press.  What was, in fact, said was that the ICO was “not actively seeking” a wider role.

None of the newspapers mentioned the fact that the Information Commissioner had welcomed the overwhelming majority of the recommendations – and in particular, the one relating to section 55 (which, as Julian Petley’s recent series of posts have shown, the press has been campaigning against for many years, see Part 1, Part 2, Part 3 and Part 4).

The Daily Mail and Guardian stories have been tweeted on several occasions and the disinformation is spreading.  In order to assist our readers who do not have time to read the full response we will endeavour to provide a more balanced and accurate account.

The relevant recommendations fall into three areas: ones directed to the Ministry of Justice concerning the press and data protection, ones made to the Information Commissioner directly and ones with data protection implications generally.

First, there are those directed to the Ministry of Justice (Recommendations 48 to 57). These concern various amendments to Data Protection legislation in relating to the press.  As a general point, the Commissioner says that

“Taken as a whole package, Lord Justice Leveson’s recommendations on reforming the DPA would, if implemented, move the ICO closer to becoming a mainstream statutory regulator of the press. The significance of the proposed changes should not be underestimated. It is clearly for the Government and Parliament to consider what role the ICO should ultimately play in regulating the press“.

The Commissioner makes it clear that the ICO is not actively seeking such a role but that, ultimately, this is involves “public policy decisions” for the Government and Parliament to make (p.9).

In relation to the specific recommendations under this head

Recommendation 48 – amendment of the exemption in section 32: The Commissioner says that this has merits but the key is creating the right balance which is a matter for Parliament.

Recommendation 49 – narrowing of the scope of the section 32 exemption:  The Commissioner says this requires careful consideration and, as already mentioned, that there are “legitimate concerns” about the chilling effect of the proposal in relation to “subject access”.  It is noteworthy that he does not add any example or analysis or express a view as to whether these concerns can properly be met in amended legislation.

Recommendation 50 – right to compensation to cover pure distress – The Commissioner strongly supports this recommendation.

Recommendation 51 – repeal of certain procedural provisions in the DPA – The Commissioner supports this recommendation

Recommendation 52 – provision relating to “balance” of freedom of expression and data protection regime.  The Commissioner sees no difficulty with this but questions whether it is necessary.

Recommendation 53 – provision to have regard to a recognised system of regulation.  The Commissioner, again, sees no difficulty with this but suggests that it reflects existing policy and practice.

Recommendation 54- bringing into force amendments to section 55 of DPA (custodial sentences and enhanced public interest defences).  The Commissioner hopes that “there will be no further delay in implementing this recommendation”

Recommendation 55 – extension of ICO prosecuting powers -The Commissioner agrees that there is some benefit in an express power to prosecute for related offences although believes that its powers should not be extended to cover all crimes in which personal data is processed unlawfully.

Recommendation 56 – a new duty to consult with CPS –  The Commissioner has no difficulty with this recommendation but wonders whether it is necessary to introduce a formal duty.

Recommendation 57 – reconstitution of ICO as an Information Commission –  The Commissioner agrees that the opportunity should be taken to consider this option but mentions a number of alternative models.

The Leveson Report makes then makes nine recommendations “to the Information Commissioner” (Recommendations 58 to 66).  These recommendations are all substantially accepted.

Finally, there are three recommendations that impact on the work of the ICO (Recommendations 67, 69 and 70).  The Commissioner “welcomes” or “agrees with” all these recommendations.

In short, the balance sheet is that of the 22 recommendations relevant to the ICO, 17 are agreed with, welcomed or strongly supported.  In relation to the others, the Commissioner believes that some require further consideration or should be accepted in part and that some (those relating to the journalistic exemption) require careful consideration by Parliament.  None of the recommendations are said to be “harmful”.

So, a more accurate headline would have been “Information Commissioner welcomes Leveson Data Protection Recommendations”.  There could be no proper complaint if newspapers had reported the Information Commissioner’s response and then added their own comments.  Unfortunately, the press has once again, sacrificed balanced and accurate reporting of facts in order to promote its own political agenda.

Quick screen grabs: the internet generation reacts to #Leveson LJ lecturing about laws on the way for online life

SUPER sceptical blonde student Screen Shot 2012-12-12 at 00.06.54

Watching Lord Justice Leveson speak to a predominantly middle-aged audience at the University of Melbourne’s Centre for Advanced Journalism four hours ago, post-Gutenbergers were struck by the extraordinary scepticism and disengagement on the few young and youthful faces among his listeners. The yawning gap in perspective is unsurprising. How could someone who has never blogged, tweeted, or commented on articles online understand the power and glory of communicating on the web? How could he be expected to do more than issue grim warnings about freedom’s end?

We rushed to take some fast-and-dirty screen shots.

In a future post — before the new year, time thieves permitting — this blog should have rather more to say about the judge’s speech.

tweet tries boring int into submission Screen Shot 2012-12-12 at 00.59.18

sceptics, 2, young, small scr Screen Shot 2012-12-11 at 23.58.52

lev S sceptical pink Screen Shot 2012-12-11 at 23

sceptical or sleeping aud members Screen Shot 2012-12-12 at 00.11.29
sceptical yng mn wmn Screen Shot 2012-12-11 at 23.40.14
sceptical blonde girl (b) Screen Shot 2012-12-12 at 00.06.51
LJL warning Screen Shot 2012-12-11 at 23.42.19

tweet lev pedestrian + BLOGGERS NOT NECESS A DANGER Screen Shot 2012-12-12 at 01.02.11

Lord Justice Leveson in Australia, fear of ‘mob rule’ on the internet — and a case of wobbly telepathy?

Barbarians on the net? A blogger, even a putative 'troll,' could easily be a civilised, cerebral girl like this one'La leggitrice' -- Photograph by MIL22

Barbarians on the net? A blogger, even a putative ‘troll,’ could easily be a civilised, cerebral girl like this one
‘La leggitrice’ — Photograph by MIL22

Zounds. The original header for this entry, first published a day and a half ago, was:

‘Congratulations, #Leveson LJ, for leaving the blogosphere and online publishing alone — and for declining to succumb to neurotic fear of the “mob”‘

We linked to an announcement of Lord Justice Leveson’s speaking engagement in Sydney, at a symposium held there today. And … guess what we have just found on Google? A BBC News report, still warm from the oven, with this fragment from his speech: ‘Laws are needed to prevent “mob rule” on the internet and “trial by Twitter”, Lord Justice Justice Leveson has said … .’ This is the first record we at post-Gutenberg have ever heard or seen of him mentioning ‘mob’ in the same sentence as ‘internet’, even though we would hardly be surprised if he did so in some exchange in his Inquiry. Might telepathy explain this astonishing development — or (but, no, surely not) did an aide to Leveson LJ draw his attention to re-tweets about this post by the two most constructive blogs on the Inquiry, Hacked Off and INFORRM (the International Forum for Responsible Media)? 

If it was indeed a telepathic connection, it was a bit spotty, because, according to the BBC bulletin, the judge is every bit as worried as the rest of the Establishment about the lawlessness of the net. What we said in our post (below) is still perfectly accurate. He deserves high praise for not warping the evolution of the internet as a radically democratic medium with poorly conceived and premature rules for online publishing. He could have used his Inquiry to do the wrong thing and copy King Canute commanding the sea to roll back — as so many newspaper proprietors and obtuse columnists had hoped he would. 

He did not.

We should note, here, that post-Gutenberg is as keen as anyone else on the arrival of the day on which we finally have a wise and far-sighted set of rules for online life — not least because we care passionately about protecting artists’ and writers’ right to eat, through reasonable copyright enforcement. (See ‘Might audience jealousy of artists explain why copyright is being officially destroyed on the internet?‘)

As for our apparent anticipation of the Inquiry leader’s interest in the topic of ‘mob rule,’ we hope that he reads all the way to the end of this post. 

Quel wheeze. 

Many journalists are worried about the impact of the Leveson report. […] What I’m worried about is about how Leveson will empower the people who lurk below the line […] How will Leveson empower these people? […] The scum below the line will mobilise and use the regulatory system to complain online, and en masse. Plenty of people already dedicate their time to making the lives of journalists a misery …

Columnist ranting in The Telegraph about reader comments on newspaper websites

Like certain unwitting colonisers from the Northern Hemisphere in the late 1700s, the eponymous judge leading the Leveson Inquiry into press behaviour and standards has gone to Australia. Never mind if he is a willing transportee serving the aims of H. M.’s government, whereas so many English who travelled the same route two centuries earlier were not. In the hostile unease in today’s Establishment that Lord Justice Leveson went to pains to pacify in his report published last Thursday, there are echoes from the past — from Establishment debates and anxieties that inspired the founding of the penal colony Down Under.

Judging by what we at post-Gutenberg have been able to read of the Leveson report, so far — in a true annus horribilis leaving us scarcely any time for blogging — his execution of the judiciary’s task of restoring calm and order to society has been thorough and careful.

But especially commendable is this: he did not let the hysteria of the ruling class — especially the segment of it that the press represents — force him into any unwise, premature attempt to draft rules for the blogosphere, or indeed any online publishing competing with old print media.

Lord Justice Leveson appears to understand perfectly that it is too soon to check or discipline a medium so new that it still has slippery fragments of afterbirth clinging to it, and will not be mature enough to be teachable for a while. ‘If we wish to compress something,‘ — for instance, constrain online publishing — ‘we must first let it fully expand,‘ was the advice we ourselves relayed from a sage of long ago, in answering the Inquiry’s request for public comment and suggestions.

The traditional press, railing at the Leveson report, sounds like online publishing’s envious, vengeful sibling, demanding that a parent impose equal punishment on all offspring regardless of culpability. Why must newspapers face new controls and rules, with or without statutory underpinning, when the Inquiry made no such recommendations for, eg., bloggers? Under the headline, ‘Leveson angers press over internet control,’ The Financial Times recorded this fury:

Lord Justice Leveson has angered UK newspaper bosses …

In an editorial on Friday, The Sun, Rupert Murdoch’s flagship tabloid, wrote “an over-regulated press in parallel with an unregulated internet spells chaos and will be the nail in the coffin for the newspaper industry”.

Yet again, newspaper reporting on the Inquiry has been wickedly selective. Leveson LJ notes in his findings that ‘the work of very many bloggers and websites … should rightly and fairly be characterised as valuable and professional’ — but scarcely anyone in old print media was brave enough to record that statement.

Only Private Eye and a few blogs like this one have been drawing attention to such omissions and distortions over the eighteen months of the Inquiry. How has the traditional press been getting away with this crime against honest journalism?

Irrational fear of ‘the mob’ is the answer we suggest. In the past, this sanctioned rank injustice actually codified in law. Robert Hughes’ references, in his magisterial history, The Fatal Shore, include the habit in Georgian England of referring to the masses beneath the elite as ‘the mobbish class of persons’. You could easily substitute ‘bloggers’ or ‘the internet’ for ‘mob’ where he notes,

The ‘mob,’ as the urban proletariat was called, had become an object of terror and contempt, but little was known about it. It was seen as a malign fluid, a sort of magma that would burst through any crack in law and custom, … easily inflamed…

and especially, here:

The ‘mob’ was Georgian society’s id — the sump of forbidden thoughts and proscribed actions …

The irrational terror meant that no one in any position of responsibility went to the trouble of doing any research into the factual basis for the elite’s misconceptions of the proletariat. The actual rise in crime that followed the population explosion that in turn followed the Industrial Revolution was vastly exaggerated, and used to justify ever more unjust laws that especially victimised the poor:

One could be hanged for burning a house or hut, a standing rick of corn, or an insignificant pile of straw; for poaching a rabbit, for breaking down ‘the head or mound’ of a fishpond, or even cutting down an ornamental shrub; or for appearing on a high-road with a sooty face.

What made all this particularly dire was that there was, increasingly, no competing authority to keep the judiciary in check. Eighteenth-century England, Hughes observes, witnessed

the growth of the Rule of Law … into a supreme ideology, a form of religion which, it has since been argued, began to replace the waning moral power of the Church of England.

That is even truer today, in an officially secular society in which the upper crust is free to speak of religion with spitting contempt. We should be all the more grateful to Lord Justice Leveson for his resistance to Establishment pressure to recommend legal controls and disciplinary action for the expression of thoughts and ideas, and dissemination of facts, on the internet.

Perhaps, in his time in the Antipodes, he can congratulate himself on his moderation as he is reminded, simply by being there — haunted in his dreams, perhaps, by the clanking chains of convicts — of the excesses of his predecessors in judicial robes:

The belief in a swelling wave of crime was one of the great social facts of Georgian England. It shaped the laws, and the colonisation of Australia was the partial result.