The Economist February 19th 2022 Britain 27
Pressfreedom
Nobody’sbusiness
I
n 2016 bloomberg, a mediagiant,pub
lishedanarticleabouttheearlystagesof
a criminalinquirybya Britishregulatorin
to anAmerican businessman. The facts
weregleanedfroma letterBloomberghad
seen,sentbyBritishauthoritiesrequesting
informationfroma foreigncounterpart.
Theyhaveneverbeendisputed.ButonFeb
ruary16ththeSupremeCourtruledthat
Bloomberghadinvadedtheman’sprivacy.
It confirmed an award of damages for the
misuse of private information of £25,000
($34,000) to the individual, now known
only as zxc. In doing so, it tilted the British
law further away from freedom of the press
and towards privacy rights.
Bloomberg argued that the legal princi
ple that everyone is presumed innocent
until proven guilty would ensure that its
readers did not infer from its reporting that
zxc was guilty of a criminal offence. But
the Supreme Court concluded that he was
still likely to have suffered harm to his rep
utation, and that such harm was encom
passed by Article 8 of the European Con
vention on Human Rights, which protects
the right to privacy and family life. The de
gree of reputational harm from such re
porting would vary, it said in its 51page
judgment, “but experience shows that it
can be profound and irremediable”. Indi
viduals suspected of criminal wrongdoing
now have a reasonable expectation of pri
vacy until charged.
The ruling was widely expected, says
Beth Grossman, a media barrister at
Doughty Street Chambers in London. She
points to the precedent set in 2018 by Sir
Cliff Richard’s victory against the bbc. The
singer, who was wrongly suspected of sex
ual assault, had sued the broadcaster for
intruding on his privacy by transmitting
live footage shot from a helicopter of a po
lice raid on his home. Nonetheless, it
heightens concerns about a chilling effect
on highquality journalism.
In an article for Bloomberg’s website,
John Micklethwait, editorinchief of
Bloomberg News (and a former editorin
chief of The Economist), points to one risk:
that the ruling will hamper reporting on
corporate malfeasance. It will be easier for
the rich and powerful to “keep their identi
ties secret pretty much from the moment
they are investigated until they are con
victed, something that big corporations
tend to specialise in delaying”. He thinks
the judges were influenced by “tabloidish
are brought: they may never be without the
information provided by such previously
unknown victims.
The ruling is the end of the line for zxc v
Bloomberg. The precedent will stand unless
the government decides to set out in new
law where it thinks the boundary between
the right to privacy and the right to report
should lie. It has already indicated that a
planned bill of rights would raise the
threshold for granting “celebrity injunc
tions”—court orders that enable wealthy
individuals to ensure that extramarital af
fairs and other misdeeds go unreported.
Britain’s libel laws are famed worldwide
for their ferocity. Butincreasingly, privacy
law is an equally seriousconstraint on the
freedom of the press.n
Privacy law now rivals libel law in
gagging journalists
excesses”, not just in Sir Cliff’s case but in
that of Milly Dowler, a murdered schoolgirl
whose voicemail was hacked by journalists
in 2002 before her body was found.
Ms Grossman points to two more risks.
First, news reports about the early stages of
an investigation may cast an unflattering
light on the actions of police and other au
thorities. Any harm to innocent individ
uals who are named must be set against the
benefits of scrutinising the uses of state
power. Second, when it comes to crimes
that often go unreported, such as sexual
assault and historic instances of child
abuse, seeing a perpetrator’s name in the
news may prompt more victims to come
forward. It is not good enough to say that
the names will be published when charges
T
he niceststereotypeaboutEssex
dwellers is that they do not take
themselves too seriously. That is lucky,
because Britons’ fondness for regional
cattiness has long been indulged at their
expense. For Charles Dickens, their
county town of Chelmsford was “the
dullest and most stupid spot on the face
of the Earth”. Essex Man, shorthand for
the archetypal Tory voter of the 1980s,
was not meant as a term of affection
(“right wing, keen hanger [of people],
noisily rambunctious, no subtlety”,
explained Campaign, a publicrelations
trade magazine).
Essex’s 21stcentury image is the
gentler one popularised by “The Only
Way Is Essex” (towie), a realitytvshow.
This is the county of white stilettos, pink
prosecco, terracotta blusher and calling
people “babes”. But its council has decid
ed a rebrand is in order.
At the northern border of the Essex it
wants to showcase are the landscapes
John Constable loved to paint. Along its
eastern edge stretches the longest coast
line of any English county save Cornwall,
a mecca for migrating birds and seal
watchers. Nestled in its interior is Col
chester, Britain’s oldest recorded town
and the first capital of Roman England.
tv adverts depicting Essex’s less towie
esque side will air on Sky from March.
At stake is more than pride. Britons
were becoming more partial to “stay
cations” even before the pandemic. Since
2020, covidrelated travel restrictions
have supercharged that trend, giving
domestic holidays a boost that could
endure. Yet Essex’s tourist board feels
that stereotypes about the county have
eclipseditspotentialas a destination.
A successful rebrand, whether of a
company or a county, is a tricky balanc
ing act. For Nick Cooper of Landor &
Fitch, a branding agency, the most im
portant components are differentiation
and relevance. Differentiation is about
how much a brand stands out from oth
ers—and here Essex already scores high
ly. (Unlike, say, Lincolnshire, it at least
conjures up a mental image.) Relevance
is a brand’s ability to make people feel
like they have a connection with it.
Tweak either to appeal to new cus
tomers, though, and you risk putting off
the existing ones. Promoting Essex’s
posher side is a fine idea. But it was
towiethat put it on the map.
Essex
Not the only way
E PPING FOREST
Acounty with a reputation for brashness is trying to rebrand
Wait for me, babes!