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Crossposted at alicemaypurkiss.wordpress.com
The name of footballer Ched Evan’s rape victim was thrust into the public domain via Twitter once again this week.
In April, the Wales and Sheffield United Striker was found guilty of rape of a 19 year old woman believed to be “too drunk to consent” and jailed for five years. Since the trial, North Wales Police and South Yorkshire Police have arrested 16 people in connection with comments allegedly made via the internet.
Last week, Sky News were referred to the Crown Prosecution Service and the attorney general after an on-air mistake meant they accidentally broadcast the name of Evans’ victim.
On Thursday (17 May), a Twitter user named the rape victim again and a clearly disgusted Louise Mensch, Conservative MP for Corby, requested that followers report the user to Twitter and North Wales Police.
Though Mensch was clearly acting in good faith, I believe her execution was shortsighted and foolish. By linking through to the Twitter user who had published the name, the MP had drawn the attention of her 57,000+ followers to this, further damaging the already delicate legal anonymity the victim is entitled to.
When it was suggested that Mensch had simply widened the attention drawn to the breach (by the Guardian’s Josh Halliday and Jonathan Haynes), she declared that there was “no point pretending her [the victim] name was not already completely exposed as Twitter made it a trending topic.”
Previously exposed or not, previous Twitter trending topic or not, Mensch’s reaction was still knee-jerk, and presented the victim’s name in the public domain and to an entirely different audience. The Corby MP had no way of knowing which of her followers had already seen the trending topic, and which of her followers would have recognised the trending topic as the name of the victim. I consider it irresponsible to assume that all of her followers knew, and recognised, the name already.
Though the problem obviously needed addressing, it seemed that Mensch hadn’t considered her actions thoroughly. After she felt that the case had been brought to the attention of Twitter, she deleted the tweet, considering that justice had been done.
The increase of news dissemination on Twitter is both a wonderful and terrifying thing. In instances such as this, it is hugely concerning. Rape victims are granted anonymity under the Sexual Offences (Amendment) Act 1992 as a protection tool, in the hopes that the fear felt by those reporting crimes such as this will be reduced.
Government Whip Shailesh Vara told the House of Commons that the naming of victims on social media needed to be closely monitored. Vara warned: “I want to make it absolutely clear that the anonymity of rape victims for life is there. When there is a breach of that, then the full force of the law must take its place.”
Labour MP Kerry McCarthy added that cases such as this could deter rape victims from coming forward, for the fear of being subjected to the identification and abuse faced by Evans’ victim.
As we move further into the Digital Age, it is evident that education and understanding of the relationship between social media and the law needs to be addressed. Though ignorance is not an excuse, perhaps those who initially named Evans’ victim were not aware of the legal life anonymity granted to those in affected by rape. But the law is there for a reason.
How do we educate the masses on this crucial issue to prevent further suffering of rape victims? And how do the government respond if cases such as this do deter victims from reporting crimes? Maybe the IT lessons young people undertake at school need to cover issues such as this – but that’s a minefield, and a large proportion of Twitter users will already have left education, missing out on that crucial knowledge.
Whatever the solution, the problem needs to be tackled head on, before it has a detrimental effect on the reporting of rape crimes, and the victims who have already experienced enough trauma to last them a lifetime.
Alice Purkiss is an editorial assistant at Index. She tweets at @alicemaypurkis
Twitter refused to hand over the tweets of a Occupy Wall Street protester to New York authorities on Monday. The social media giant rejected a court order issued by the Manhattan district attorney, requiring it to release three months worth of tweets from protester Malcolm Harris, who was arrested along with 700 other activists last autumn. Harris made attempts to crush the subpoena in February. His motion was blocked by a judge on 20 April, who ruled that Twitter, rather than Harris owned the tweets.
On 28 March a primary court in the coastal city of Mahdia, sentenced two atheist friends, Jabeur Mejri and Ghazi Beji, to seven and a half years in prison, and to a fine of 1200 Tunisian Dinars (around USD $800) each, over the use of social networks to publish content deemed blasphemous. Mejri,and Beji were put on trial following a complaint lodged by a group of residents in Mahdia.
Private radio station Shems FM reported that Mejri and Beji published cartoons insulting the Prophet.
While Jabeur Mejri is in prison, his friend Ghazi Beji, who was sentenced in absentia, is at large. He fled to Athens to avoid prosecution. According to atheistica.com Beji wrote a book called “the Illusion of Islam”, and published it on the internet. His friend Mejri, wrote another book and “cursed the government, Islamists, Prophet Mohamed, drew a pig sleeping on the Kaaba [a sacred building for Muslims], and expressed his hatred towards Arabs and his love to Israel and its prime minister Natanyaho [sic]”.
Mejri, and Beji were convicted of “insulting others via public communication networks”, and spreading publications and writings that could “disturb public order” and “ moral transgression”.
The League of Tunisian Humanists condemned the sentence and complained about the “unclear circumstances that surrounded the trial, since one of the defendants fled”.
Olfa Riahi, a blogger and a journalist, who broke the story on the Tunisian blogosphere, told Index on Censorship that she is looking forward to see more associations getting together to support Mejri and Beji. “Many associations have started to react, but I would like to see [human rights group group] Liberty and Equity, as an association with an Islamic background, reacting too”, she said.
Bochra Bel Haji Hmida, a renowned Tunisian lawyer and women rights activist, will defend Mejri and Beji in their appeal.
Though the 2011 uprising has permitted Tunisians to freely express themselves, and criticize the political system; Islam has turned out to be a red line for the predominantly Muslim country, where censorship is taking on a religious tone.
Swaziland’s justice minister has told the country’s senate that the government is finalising a law that would make it illegal to criticise the King Mswati III on social media networks. “We will be tough on those who write bad things about the king on Twitter and Facebook,” Mgwagwa Gamedze said. Internet penetration is low in Swaziland, Africa’s last absolute monarchy, but social networks have been used to organise public demonstrations, including a student protest last Monday against funding cuts. Last week Swazi senator Thuli Msane claimed online activism was spiralling out of control and disrespecting Mswati III.