Wikileaks shows up our media for their docility at the feet of authority

You should never shout “fire” in a crowded theatre. Once you have accepted this old adage, you accept that there are limits to free expression. The important word in the first sentence is not “fire”, but “crowded”. A crowded theatre would lead to a stampede. Where there is a real and identifiable danger, restraint should be shown. Context is everything in the free-speech debate; risk to life is an undeniable caveat. Most other caveats are, however, mere ruses by the powerful to prevent information from reaching the public domain.

It is within these parameters that the furore over Wikileaks and its exposures should be seen. The latest document dump is larger than the Iraq files and potentially more embarrassing, with its State Department assessments of governments and statesmen – from Hamid Karzai to Silvio Berlusconi to Nicolas Sarkozy. Diplomats have launched a frantic round of damage limitation. Oh to have been a fly on the wall during the excruciating conversation between the US ambassador and Downing Street. The Americans are entitled to put their side of the story, to seek to assuage any inconvenience caused.

The founder of Wikileaks, Julian Assange, believes the Americans are going much further than that, carrying out a concerted campaign to undermine and discredit him. I have no information on the cases that have led two Swedish women to press charges of rape and sexual harassment against him. Only those involved do. Mr Assange’s legal representatives in the UK suspect that the Swedish authorities are playing the Americans’ game, cutting corners in terms of correct legal procedures. So highly charged is the environment that it is extremely difficult to separate information from disinformation

Mr Assange is an unconventional figure, a man who lives in the shadows and enjoys doing so. He is difficult to deal with and holds himself in high regard. When he contacted me through an intermediary two months ago, suggesting that Index on Censorship host him in a London event, I was happy to accept but made clear that I did not want to give him an open forum. I would engage him in debate with a detractor.

He accepted; then he disappeared for five days, not answering phone calls or emails. When he finally surfaced, he stipulated no cameras or photographers, and that we should sneak him in through the back door. I argued that this would not look great for a free-expression organisation. In the end we compromised, and the television crews were allowed in halfway through what turned out to be a fascinating debate with the columnist David Aaronovitch. The sell-out crowd did not give Mr Assange an easy ride. But there was a virtually unanimous presumption towards free speech, something that is woefully lacking in so much of British public life.

This must surely be the starting point. In the US, with its First Amendment, restrictions are seen as an exception to the rule. In the UK, free speech is regarded as a negotiable commodity. An interest group’s right to be offended is seen as just as important as the right to air an opinion. A government’s right to secrecy is seen as more important than the public’s right to know.

The mainstream media in the UK are serial offenders. Newspapers that have no compunction about invasions of privacy or about shrill comment devote precious little time or energy to challenging authority through rigorous investigative journalism. Most political “scoops” are merely stories planted by politicians on pliant lobby hacks. Editors and senior journalists are habitually invited into MI5 and MI6 for briefings. These are affable occasions, often over lunch. There is no harm in that. What tends to happen, however, is that journalists are tickled pink by the attention. They love being invited to the “D-notice” committee to discuss how they can all behave “responsibly”. It makes them feel important. Many suspend their critical faculties as a result.

Far from being “feral beasts”, to use Tony Blair’s phrase, the British media are overly respectful of authority. Newspapers and broadcasters tend to be suspicious of those who do not play the game, people like Mr Assange who are awkward outsiders. Some editors are quite happy to help the authorities in their denunciations of him, partly out of revenge for not being in his inner circle.

All governments have a legitimate right to protect national security. This should be a specific, and closely scrutinised, area of policy. Most of our secrecy rules are designed merely to protect politicians and officials from embarrassment. Documents are habitually over-classified for this purpose. The previous government made desperate attempts to stop legal evidence of its collusion in torture from reaching the public. Ministers argued, speciously, that this was to protect the “special intelligence relationship” with Washington. It will be intriguing to see how much information is allowed to be published when Sir Peter Gibson begins his official inquiry. Precedent suggests little grounds for optimism.

As with all free speech, as with Wikileaks, context is key. It is vital to know when governments collude in torture or other illegal acts. It is important to know when they say one thing in private (about a particular world leader) and do quite another in public. It is perturbing to know that aid agencies may have been used by the military, particularly in Afghanistan, to help Nato forces to “win hearts and minds”.

These questions, and more, are vital for the democratic debate. The answers inevitably cause embarrassment. That too is essential for a healthy civil society. Good journalists and editors should be capable of separating the awkward from the damaging. Information that could endanger life, either in the short term or as part of a longer-term operation, should remain secret.

Once this latest flurry is over, prepare for the backlash. Mr Assange’s industrial-scale leaking may lead to legislation in a number of countries that makes whistle-blowing harder than it already is. Perhaps the most curious aspect of the Wikileaks revelations is not that they have happened, but it took someone as mercurial as Mr Assange to be the conduit. Rather than throwing stones, newspapers should be asking themselves why they did not have the wherewithal to hold truth to power.

John Kampfner is the chief executive of Index on Censorship

Rupert Murdoch uses Margaret Thatcher lecture for a display of power

This article appears in Media Guardian

The gathered clan laughed nervously when Lord Saatchi, their host, declared that Britons now spent more on Sky TV subscriptions than they did on bread. When the other man on the stage smiled, the audience relaxed. To understand Rupert Murdoch‘s grip on British public life it is instructive to see the body language when the elite comes together. I counted at least five Conservative cabinet ministers among the great and good in the ornate surroundings of Lancaster House for the inaugural Margaret Thatcher lecture on Thursday.

The timing was equally pertinent. Murdoch’s speech, entitled Free Markets and Free Minds, came the day after the Comprehensive Spending Review that sought not just to tackle the budget deficit but to complete Thatcher’s unfinished business of reducing the size of the state and unleashing the private sector.

Concerns over Thatcher’s health could not mask a celebratory mood among News Corporation executives who, in just a matter of days, have seen the BBC’s budget cut by 16% and Ofcom denuded of staff.

Murdoch, even now, continues to portray himself as the rebel with a cause. “I am something of a parvenu,” he said. At each step of the way, he had taken on vested interests – whether trade unions at Wapping or other “institutions hungry for power at the expense of ordinary citizens”. He argued that technological change was leading to a new “democracy … from the bottom up”. A free society, he said, “required an independent press: turbulent, inquiring, bustling and free. That’s why our journalism is hard-driving and questioning of authority. And so are our journalists.”

Such a laudable commitment to free expression sits uneasily with his company’s dealings in countries with dubious civil liberties records, notably China, where his business interests invariably trump journalistic inquiry.

Murdoch suggested that traditional mediated journalism remained the only serious constraint on elites. “It would certainly serve the interests of the powerful if professional journalists were muted – or replaced as navigators in our society by bloggers and bloviators.” Bloggers could play a “social” role but this had little to do with uncovering facts. In saying this, Murdoch was doing more than justifying the Times’ and Sunday Times’ internet paywall. He appeared to be echoing the views of the New Yorker columnist Malcolm Gladwell, and others who argue that social media and blogs are not speaking truth to power in the way their advocates proclaim.

When tackling the most controversial areas, Murdoch moved from unequivocal statement to hints. The words “Andy” and “Coulson” came immediately to mind when he stated: “Often I have cause to celebrate editorial endeavour. Occasionally I have cause for regret. Let me be clear: we will vigorously pursue the truth – and we will not tolerate wrongdoing.” One News Corp executive suggested afterwards that this was the closest Murdoch had come, and would come, to apologising for the phone-hacking affair.

The official line is that no senior figure knew about the practice at the News of the World. Coulson, who is now director of communications in Downing Street, resigned as the editor when the paper’s former royal editor, Clive Goodman, was jailed in January 2007. Intriguingly, a senior Murdoch executive told me after the speech: “If Coulson hadn’t quit, he would have been fired”. If that is the case, why do they continue to insist publicly that Coulson had done nothing wrong and had fallen on his sword only to protect the reputation of the company?

The other unspoken drama in the room was Murdoch’s bid to take full control of BSkyB and the campaign of resistance by an alliance of newspaper editors and the BBC, who are urging Vince Cable to block the deal.

Murdoch said the energy of the iconoclastic and unconventional should not be curbed, adding: “When the upstart is too successful, somehow the old interests surface, and restrictions on growth are proposed or imposed. That’s an issue for my company.”

The assembled ministers will have taken note. Just as the Labour government kowtowed at every turn, so the coalition – and Cable in particular – will be scrutinised closely by News Corp to ensure that it does the decent thing.