[HN Gopher] Murray's jailing is latest move in a battle to snuff...
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       Murray's jailing is latest move in a battle to snuff out
       independent journalism
        
       Author : k1m
       Score  : 91 points
       Date   : 2021-07-31 13:26 UTC (9 hours ago)
        
 (HTM) web link (www.jonathan-cook.net)
 (TXT) w3m dump (www.jonathan-cook.net)
        
       | gpcr1949 wrote:
       | I've enjoyed some of Murray's writing, in particular he did some
       | quite good court reporting related to Assange. I have also been
       | intrigued by his non-orthodox interpretations of that chemical
       | weapons incident in Salisbury, though some might call these
       | pieces outrageous conspiracy writing. I did not really follow the
       | stuff around Salmond so I can't comment on what happened there.
       | In any case, it seems a bit severe to me to jail this guy for
       | hinting at information that major press apparently also made easy
       | to find. At least, this is what is claimed. He is quite old and
       | apparently his health isn't the best either, so I would have
       | expected something like house arrest or a suspended sentence at
       | worst.
        
       | Joeboy wrote:
       | > Murray is also the first person to be jailed in Britain for
       | contempt of court in half a century
       | 
       | That is not true.
        
       | new_realist wrote:
       | Looks like Murray was in contempt of court for doxxing female
       | witnesses in a sexual assault trial, in defiance of a judge's
       | order.
        
         | k1m wrote:
         | Jigsaw identification isn't same as doxxing. The issue here is
         | the double standards, as Jonathan Cook points out:
         | 
         | > In finding Murray guilty of so-called "jigsaw
         | identification", Lady Dorrian did not make a distinction
         | between what Murray wrote about the Salmond case and what
         | approved, corporate journalists wrote.
         | 
         | > That is for good reason. Two surveys have shown that most of
         | those following the Salmond trial who believe they identified
         | one or more of his accusers did so from the coverage of the
         | corporate media, especially the BBC. Murray's writings appear
         | to have had very little impact on the identification of any of
         | the accusers. Among named individual journalists, Dani
         | Garavelli, who wrote about the trial for Scotland on Sunday and
         | the London Review of Books, was cited 15 times more often by
         | respondents than Murray as helping them to identify Salmond's
         | accusers.
         | 
         | > Rather, Lady Dorrian's distinction was between who gets
         | protected when identification occurs. Write for the Times or
         | the Guardian, or broadcast on the BBC, where the audience reach
         | is enormous, and the courts will protect you from prosecution.
         | Write about the same issues for a blog, and you risk being
         | hounded into prison.
        
           | new_realist wrote:
           | Please, apply some critical thinking and stop regurgitating
           | this propaganda. If a judge tells you to stop doing
           | something, you stop doing it, especially after being warned
           | multiple times. Whether your reporting ended up being the
           | critical missing piece is irrelevant.
        
             | Chris2048 wrote:
             | > If a judge tells you to stop doing something, you stop
             | doing
             | 
             | Even if they have no legal right to?
        
               | pmyteh wrote:
               | But they do. In Scotland (and the rest of the UK) judges
               | can bar publication of a wide range of material about a
               | court case, in advance or retrospectively, and enforce it
               | by order. That order has penal consequences if broken.
               | 
               | If you don't think the order is within the legal bounds
               | of the power, you can appeal it. (News organisations do
               | this semi-regularly). What you shouldn't do is breach it
               | and hope to get off at the contempt hearing.
        
               | seanhunter wrote:
               | The ruling that has been linked in another comment and if
               | you read that you can see that in this case neither side
               | disputed the lawful nature of the restrictive order. In
               | other words noone involved claimed the judge didn't have
               | the legal right to tell Murray not to allow
               | identification of the complainers.
        
               | Chris2048 wrote:
               | This post was a response to a maxim (a generalization),
               | not this case.
        
               | treeman79 wrote:
               | Judge can do anything they want, regardless of laws or
               | sanity. Judge orders you to wear a purple hat, you wear a
               | purple hat.
               | 
               | You can seek relief from other judges if you don't like
               | it. Anything else and you go to jail.
               | 
               | My experience doing tech support for them when I was
               | young is that they are the most arrogant people
               | imaginable.
        
         | ianpurton wrote:
         | My understanding is that they were doxxed by piecing together
         | multiple news stories. I guess journalists each giving away
         | pieces to the puzzle.
         | 
         | Looks like Murray has been categorized as not a journalist and
         | gets a prison sentence.
        
           | Traster wrote:
           | From the court's ruling
           | 
           | > specified the job held by her at the time in question. The
           | specificity is such that to specify her as holding it when
           | she did, and in the context which is given, is tantamount to
           | naming her. This is a clear breach of the order.
           | 
           | It's like saying I haven't named told you I slept with Boris
           | Johnson, but I _have_ told you I 've slept with the Prime
           | Minister. It's what a stupid person would think is a way of
           | skirting a court order not to name someone.
        
           | orra wrote:
           | > My understanding is that they were doxxed by piecing
           | together multiple news stories.
           | 
           | Murray deliberately published information to doxx the sexual
           | assault complainers. He doubled down after being warned
           | multiple times he has breaching the court order
           | 
           | > Looks like Murray has been categorized as not a journalist
           | 
           | Whether Murray is a journalist or not is entirely irrelevant.
           | The court order Murray broke applies to everybody.
        
             | k1m wrote:
             | > The court order Murray broke applies to everybody.
             | 
             | It clearly doesn't as two surveys showed those who claim
             | they were able to identify individuals from the reporting
             | of the case, said they were able to do so from reports from
             | the BBC and other corporate media. None of those reporters
             | are facing jail.
             | 
             | Again, what Jonathan Cook is pointing out is exactly the
             | opposite of what you claim. The court order does not apply
             | to everybody: "Murray's writings appear to have had very
             | little impact on the identification of any of the accusers.
             | Among named individual journalists, Dani Garavelli, who
             | wrote about the trial for Scotland on Sunday and the London
             | Review of Books, was cited 15 times more often by
             | respondents than Murray as helping them to identify
             | Salmond's accusers."
        
               | new_realist wrote:
               | Of course these other journalists were named more often
               | in surveys: they have a much broader reach. Name
               | recognition is not the issue; ethical standards are.
        
               | k1m wrote:
               | Craig Murray is being jailed because he allegedly helped
               | reveal the identities of individuals through his
               | reporting. There's nothing indicating his reporting
               | revealed any more information about those identities than
               | reporters from the BBC and other outlets. In fact,
               | surveys show those other reporters did far more to help
               | people identify those individuals.
               | 
               | But they're not being jailed. Craig Murray has been
               | singled out. Nothing ethical about that.
        
             | LatteLazy wrote:
             | Edit: yeah he was warned by the court multiple times. He
             | should have edited his pieces.
             | 
             | Original comment: Wait, when was he warned?
        
             | twic wrote:
             | > Murray deliberately published information to doxx the
             | sexual assault complainers.
             | 
             | That's a strong claim that i haven't seen before. Why do
             | you believe it was deliberate?
             | 
             | > The court order Murray broke applies to everybody.
             | 
             | What is your explanation for why the order has not been
             | applied to any other journalists, when we know that other
             | journalists contributed much more more to people learning
             | the identities of the complainants?
        
               | orra wrote:
               | > Why do you believe it was deliberate?
               | 
               | "The courts warned him to take his blog down or face the
               | consequences of identifying the women but he refused."
               | 
               | https://www.dailyrecord.co.uk/news/politics/called-scots-
               | act...
               | 
               | > What is your explanation for why the order has not been
               | applied to any other journalists
               | 
               | Actually, no, that's untrue. IIRC, the Spectator was
               | warned or investigated for some material it published.
        
             | pricechild wrote:
             | Two of Murray's claims in his defence were:
             | 
             | https://www.craigmurray.org.uk/archives/2021/01/my-trial-
             | and...
             | 
             | > 5. The court order protecting identities did not come
             | into being before 10 March 2020. Most of the Crown's
             | alleged examples are before this date. We absolutely deny
             | my articles enable jigsaw identification, but even if they
             | did they were not illegal at the time of publication.
             | 
             | together with:
             | 
             | > 6. Up until 10 March 2020, had I wished to publish
             | identities I could have done so quite legally in the
             | articles before that date which the Lord Advocate cites.
             | Unlike England, there is no law in Scotland barring
             | publication of witness identity absent a specific court
             | order. The fact I did not do so in the year between my
             | learning identities and the ban coming into force, in
             | several articles on the case where I could legally have
             | published the identities, make nonsense the Lord Advocate's
             | contention that I deliberately gave clues.
             | 
             | Much has been made of point 6, and I can understand not
             | being convinced by it.
             | 
             | But is there not truth to point 5? I guess not, since he
             | was found guilty. I'd be interested in reading why this was
             | discounted.
        
               | pmyteh wrote:
               | Online publication is deemed 'continuous' as long as the
               | material is up. 'It's an old article' isn't a defence if
               | you're on notice that it needs to be taken down.
               | 
               | Incidentally, the robots.txt file for one of Britain's
               | less reputable papers (IIRC The Sun) used to have a
               | specific list of story URLs not to crawl which I suspect
               | were those they'd been ordered to take down after libel
               | actions etc.
        
       | 4t3gar wrote:
       | Why not throw some covid into this thoughtful discussion?
       | 
       | COVID COVID COVID COVID COVID COVID COVID COVID COVID
       | 
       | COVID COVID COVID COVID COVID COVID
       | 
       | COVID COVID COVID COVID COVID COVID COVID COVID COVID
       | 
       | COVID COVID COVID COVID COVID COVID
       | 
       | COVID COVID COVID COVID COVID COVID
       | 
       | COVID COVID COVID COVID COVID COVID COVID COVID COVID
        
       | Traster wrote:
       | I'd recommend people actually look at the ruling, becuase it goes
       | straight against some of the talking points from Murray and his
       | friends, and in some cases is pretty funny.[1] For example on
       | page 17, the judge concludes that Murray didn't breach the rules
       | about reporting on a jurors dismissal because what Murray wrote
       | was "bizarre" and "unfounded". Ie, he completely lied about it
       | and that actually meant he didn't breach the law. It also notes
       | that not only did his articles reveal the accusers details, but
       | the commenters on his articles literally named the accusers.
       | 
       | He also literally states in his own testimony to the court that
       | he intended to attempt to reveal the identities without being in
       | contempt of court.
       | 
       | The whole thing is just pretty funny - he's basically saying "Oh
       | well I didn't say their names" and the court is saying "Yeah
       | that's not the standard of the court order, you made it easy to
       | identify them". I mean honestly, he literally told people what on
       | the accusers job was, and when she did that job, meaning that
       | there was only 1 possible person he could've been talking about.
       | 
       | [1]https://www.scotcourts.gov.uk/docs/default-source/cos-
       | genera...
        
         | k1m wrote:
         | What you don't get by reading this ruling is the full context
         | given by Jonathan Cook and the double standards he highlights.
         | 
         | > The whole thing is just pretty funny
         | 
         | Glad you can laught it off. Meanwhile, Reporters Without
         | Borders have expressed grave concerns: "Craig Murray's prison
         | sentence on charges related to his blogging is disproportionate
         | and highly concerning. RSF emphasises that journalistic
         | activity should not lead to prison sentences anywhere;
         | imprisonment in connection with any journalistic activity
         | should only ever be a measure of absolute last resort - if at
         | all. It is certainly not what we would expect in a country
         | committed to protecting media freedom and the safety of
         | journalists." - https://rsf.org/en/news/uk-blogger-craig-
         | murray-jailed-eight...
        
           | Traster wrote:
           | You don't think it's funny that he escaped legal liability
           | because the court came to the conclusion that what he wrote
           | was so mis-representative that it couldn't be considered an
           | actual breach? I personally thinks that both funny, and
           | indicative that the judge is being balanced, rather than
           | disproportionate.
           | 
           | As for Jonathon Cook - the double standard he claims doesn't
           | exist in the judgement.
        
             | k1m wrote:
             | He's being jailed for 8 months for his writing. Hardly
             | escaping legal liability. I don't find that funny, no.
             | 
             | As for Jonathan Cook's piece, the double standard he writes
             | about is the fact that those who claim they learned of the
             | identities of the individuals claim they did so not from
             | Craig Murray's writing but from other reporters. That's
             | been completely ignored by this ruling. Do you think we'll
             | see a court case targeting BBC reporters or the writer Dani
             | Garavelli, cited by most respondants as the main source?
             | Isn't it a double standard if they escape jail but Murray
             | doesn't? Certainly looks to me like someone's got an axe to
             | grind when they fixate on the ways Murray may have let
             | readers learn about identities but gives other reporters a
             | pass - especially when public surveys reveal those other
             | reporters to be even more culpable than Murray.
        
       | the_optimist wrote:
       | Who's up for prison next? Jonathan Cook perhaps?
        
       | anonymousiam wrote:
       | A subtle point that might be missed is that Murray's reports of
       | the Alex Salmond trial and Salmond's innocence lend weight to the
       | theory that Salmond's accusers may have been part of a
       | coordinated political attack. The big government machine is
       | striking back.
        
         | hogFeast wrote:
         | I am 100% in the camp that someone should have resigned but to
         | say that there was a "coordinated political attack" makes no
         | sense.
         | 
         | Salmond had already made himself totally irrelevant. He was
         | lobbing grenades from the sidelines through Cherry and McAskill
         | but he wasn't very effective (Salmond had electoral success but
         | was personally never popular, with women in particular).
         | 
         | And all this ignores the fact that the person who put Salmond
         | in jeopardy was Salmond by acting like a massive creep.
         | 
         | What happened in the case was largely a function of total
         | incompetence by the Scottish Civil Service/govt. If you are
         | familiar with Scotland, that is standard. Several people from
         | the Civil Service should have resigned, they didn't. Sturgeon's
         | testimony was obviously inconsistent at several points. This
         | isn't the same thing as a "political attack" (again, be totally
         | clear, Salmond has no political role...he isn't a politician,
         | he is someone who used to be a politician).
         | 
         | Also, there is no "big government machine" in Scotland, and it
         | most certainly does not control the courts if it did exists.
         | That just isn't how the law works in Scotland or the UK (if you
         | needed evidence of this, both govts have had run ins with the
         | courts...if this was true then why was Salmond found innocent).
        
         | new_realist wrote:
         | If someone is found innocent at trial, it is therefore a
         | coordinated political attack? That's a stretch.
        
           | pessimizer wrote:
           | > If someone is found innocent at trial, it is therefore a
           | coordinated political attack?
           | 
           | You surely didn't read that claim or any related claim in the
           | comment you're replying to.
        
           | LatteLazy wrote:
           | Depends if months of bad press and accusations damaged his
           | political standing.
           | 
           | I don't like Salmon, but a smear is a smear even if no one
           | goes to prison...
        
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       (page generated 2021-07-31 23:02 UTC)