Alan Johnston: Bret Stephens vs the BBC

Fran Unsworth, head of news­gath­er­ing at the BBC, takes issue with Bret Steph­ens. She calls his piece on Alan John­ston for the Wall Street Journal “scur­ril­ous.” I dis­agree. I think snide is a bet­ter word. And it’s shorter.

First, let me put the piece in con­text. Steph­ens is an anglo­phobe and his attack on the BBC has to be seen in the con­text of this anglo­pho­bia. He’s crit­ical of the Brit­ish gov­ern­ment pos­i­tion in the Middle East, and although it’s per­fectly reas­on­able for Bri­tons to cri­ti­cise their gov­ern­ment (Bri­tain is a demo­cracy!) when non-nationals do it, it’s often highly cor­rel­ated with anglo­pho­bia. Mr Steph­ens’ anglo­pho­bia is par­tic­u­larly dis­tress­ing, since he benefited from Brit­ish hos­pit­al­ity and edu­ca­tion at the Lon­don School of Eco­nom­ics.

Still, anglo­pho­bia aside, let’s look at his piece:

Dozens of host­ages were released in Gaza over the week­end, in the wake of a truce called between the war­ring fac­tions of Hamas and Fatah. The BBC’s Alan John­ston, now in his 11th week of cap­tiv­ity, was not among them.

I last saw Mr. John­ston in Janu­ary 2005, the day before Mah­moud Abbas was elec­ted to suc­ceed Yasser Ara­fat as pres­id­ent of the Palestinian Author­ity. Mr. John­ston was by then the only West­ern cor­res­pond­ent liv­ing and work­ing full time in Gaza, although the Strip was still con­sidered a safe des­tin­a­tion for day-tripping for­eign journalists.

He kindly lent me his office to inter­view Sami Abu Zuhri, a Hamas spokes­man, and asked whether I was still edit­ing the Jer­u­s­alem Post. He seemed genu­inely obli­vi­ous to the notion that my by-then former asso­ci­ation with an Israeli news­pa­per was not the sort of inform­a­tion I wanted broad­cast to a room­ful of Palestinian stringers.

So John­ston is kind but naïve. Snide 1. Incid­ent­ally, Steph­ens had run the loss-making Eng­lish lan­guage paper as a neo-con mega­phone for Con­rad Black. The strategy had taken the read­er­ship from 36,000 when he joined to 25,000, when he left. Why did Steph­ens take the job? “One of the reas­ons I left the Wall Street Journal for the Post was because I felt the West­ern media was get­ting the story wrong. I do not think Israel is the aggressor here. Inso­far as get­ting the story right helps Israel, I guess you could say I’m try­ing to help Israel.”

Janu­ary 2005 was also the last time one could feel remotely optim­istic about an inde­pend­ent Palestinian future. Mr. Abbas had cam­paigned for office prom­ising “clean legal insti­tu­tions so we can be con­sidered a civ­il­ized soci­ety.” He won by an over­whelm­ing mar­gin in an elec­tion Hamas refused to con­test. There had been a sharp decline in Israeli-Palestinian viol­ence, thanks mainly to Israeli coun­terter­ror­ism meas­ures and the secur­ity fence. A Benetton out­let had opened in Ramal­lah, sig­nal­ing bet­ter times ahead.

Steph­ens likes Benetton. He men­tioned it in a pre­vi­ous op-ed piece, where he had argued what “pun­dits and report­ers have striven to deny: that there is a mil­it­ary solu­tion to the con­flict.”

In Gaza things were dif­fer­ent, how­ever, and Mr. John­ston was pres­ci­ent in report­ing on the poten­tial for interne­cine strife: “This internal con­flict between police and the mil­it­ants can­not hap­pen,” one of his stor­ies quotes a Palestinian police chief as say­ing. “It is for­bid­den. We are a single nation.” Yet in 2005 more Palestini­ans were killed by other Palestini­ans than by Israelis. It got worse in 2006, fol­low­ing Israel’s with­drawal from the Gaza Strip and Hamas’s vic­tory in par­lia­ment­ary elec­tions. “The occu­pa­tion was not as bad as the law­less­ness and cor­rup­tion that we are facing now,” Palestinian editor Hafiz Bar­g­houti admit­ted to Mr. John­ston in a widely cited remark.

So Johnston’s report­ing for the BBC was fair and accur­ate.

When Mr. John­ston was kid­napped by per­sons unknown on March 12 — appar­ently dragged at gun­point from his car while on his way home — he became at least the 23rd West­ern journ­al­ist to have been held host­age in Gaza. In most cases the kid­nap­pings rarely las­ted more than a day. Yet in August FOXNews’s Steve Centanni and cam­era­man Olaf Wiig were held for two weeks, phys­ic­ally abused and forced to con­vert to Islam. Plainly mat­ters were get­ting pro­gress­ively worse for foreigners.

A reg­u­lar Fox News con­trib­utor, Steph­ens makes no men­tion of the alleged deal done to secure Centanni and Wiig’s free­dom, and its effect on the secur­ity of journ­al­ists in the area.

So why did the BBC keep Mr. John­ston in place?

One answer is journ­al­istic fidel­ity. Mr. John­ston had been the BBC’s man in Kabul dur­ing the Taliban era; he was used to hard places. His dis­patches about the trav­ails of ordin­ary Gazans brimmed with humane sym­pathy. And any news organ­iz­a­tion would prefer to have its own reporter on the scene than to rely on stringers.

Journ­al­istic fidel­ity — that sounds like a good reason to keep him in place.

Yet the BBC also seemed to oper­ate in the Palestinian Author­ity with a sense of polit­ical impun­ity. Palestinian Inform­a­tion Min­is­ter Mustafa Bar­g­houti described Mr. John­ston as someone who “has done a lot for our cause” — not the sort of endorse­ment one ima­gines the BBC wel­com­ing from an equi­val­ent fig­ure on the Israeli side.

Des­pite Johnston’s report­ing reveal­ing the fis­sures within Gaza, the BBC’s pres­ence was accep­ted by the Palestinian Author­ity. Unless Steph­ens is sug­gest­ing that Barghouti’s endorse­ment implies that John­ston was a Palestinian pro­pa­gand­ist or par­tisan? Snide 2.

Other BBC cor­res­pond­ents were notori­ous for mak­ing their polit­ics known to their view­ers: Bar­bara Plett con­fessed to break­ing into tears when Ara­fat was air­lif­ted to a Parisian hos­pital in Octo­ber 2004;

Plett’s con­fes­sion came not in a news report, but in a pro­gramme that allowed cor­res­pond­ents to air their per­sonal exper­i­ences (you can read a tran­script here). Plett’s tears were, she says, promp­ted by the pathos of ordin­ary Palestini­ans choos­ing to ignore their leader’s jour­ney to die in a Paris hos­pital. Her piece did not leave unmen­tioned Arafat’s “obvi­ous fail­ings — his use of cor­rup­tion, his ambi­val­ence towards viol­ence, his auto­cratic way of rul­ing.” But it still rightly pro­duced an apo­logy from the BBC’s Dir­ector of News, after a listener com­plained. The piece had not observed “due impar­ti­al­ity.”

Orla Guerin treated Israel’s cap­ture of a liv­ing, wired teen­age sui­cide bomber that March as noth­ing more than a PR stunt — “a pic­ture that Israel wants the world to see.”

The Israeli gov­ern­ment accused Guerin of anti-semitism for that report. They also lev­elled cri­ti­cisms at Sky News and the Times. They didn’t cri­ti­cise Guerin for this piece, on Palestini­ans execut­ing “col­lab­or­at­ors.”

Though doubt­lessly sin­cere, these views also con­ferred insti­tu­tional advant­ages for the BBC in terms of access and pro­tec­tion, one reason why the broad­caster might have felt rel­at­ively com­fort­able post­ing Mr. John­ston in a place no other news agency dared to go.

So, it wasn’t journ­al­istic fidel­ity, but insti­tu­tional advant­ages in terms of access and pro­tec­tion that promp­ted the BBC to keep Mr John­ston in Gaza? Snide 3.

By con­trast, report­ers who dis­pleased Palestinian author­it­ies could be made to pay a price. In one notori­ous case in Octo­ber 2000, Italian reporter Ric­cardo Cris­ti­ano of RAI pub­lished a let­ter in a Palestinian news­pa­per insist­ing he had not been the one who had broad­cast images of two Israeli sol­diers being lynched in Ramal­lah. “We respect the journ­al­istic reg­u­la­tions of the Palestinian Author­ity,” he wrote, blam­ing rival Medi­aset for the trans­gres­sion. I had a sim­ilar exper­i­ence when I quoted a Palestinian journ­al­ist describ­ing as “riff-raff” those of his neigh­bors cel­eb­rat­ing the attacks of Sept. 11. Within a day, the journ­al­ist was chided and threatened by Palestinian offi­cials for hav­ing spoken to me. They were keep­ing close tabs.

Is this a con­trast? Snide 4.

Still, whatever the bene­fits of stay­ing on the right side of the Palestinian powers-that-be, they have begun to wane.

What were the bene­fits? An abil­ity to report on the blood-letting between Fatah and Hamas? Snide 5.

For years, the BBC had invari­ably covered Palestinian affairs within the con­text of Israel’s occu­pa­tion — the core truth from which all mani­fest­a­tions of con­flict sup­posedly derived.

Devel­op­ments within Gaza fol­low­ing Israel’s with­drawal showed the hol­low­ness of that analysis.

Like this piece on Gaza? Snide 6. Evid­ence?

Domestic Palestinian polit­ics, it turned out, were shot through with their own dis­con­tents, con­tra­dic­tions and divi­sions, not just between Hamas and Fatah but between scores of clans, gangs, fac­tions and per­son­al­it­ies. Oppos­i­tion to Israel helped in some ways to mute this real­ity, but it could not sup­press it.

Exactly as repor­ted by Alan John­ston, before his kid­nap­ping.

This is the situ­ation — not a new one, but one the for­eign media had for years mostly ignored — in which the drama of Mr. Johnston’s cap­tiv­ity is play­ing out.

What about the ransom­ing of other for­eign journ­al­ists? That’s also part of the con­text.

Ini­tial reports sug­ges­ted he had been kid­napped by the so-called Pop­u­lar Res­ist­ance Com­mit­tee; later an al Qaeda affil­i­ate called the Army of Islam claimed to have killed him. More recently, evid­ence has come to light sug­gest­ing he’s alive and being held by a crim­inal gang based in the south­ern town of Rafah. The Brit­ish gov­ern­ment is reportedly in talks with a rad­ical Islam­ist cleric in their cus­tody, Abu Qatada, whose release the Army of Islam has deman­ded for Mr. Johnston’s free­dom. What the Brit­ish will do, and what effect that might have, remains to be seen.

For now, one can only pray for Mr. Johnston’s safe release. Later, the BBC might ask itself whether its own fail­ures of prudence and judg­ment put its reporter’s life in jeopardy.

Snide 7. John­ston was in Gaza as a volun­teer. His biggest mis­take seems to have been to allow someone to use his office who would seize the con­nec­tion as an oppor­tun­ity to sling mud at him whilst in cap­tiv­ity.

The BBC’s Paul Adams has said of his col­league that it was “his job to bring us day after day reports of the Palestinian predicament.”

For that act of solid­ar­ity one hopes a ter­rible price will not be paid.

Snide 8. Report­ing from Gaza is not simply an attempt to doc­u­ment what hap­pens there. It is an act of solid­ar­ity, a tak­ing of sides.

So the piece has more snide than a Dr Seuss story. Now I don’t really know if Bret Steph­ens is anglo­phobic and I don’t much care.

I do know that under­stand­ing the world’s troubles need more report­ing like Johnston’s and fewer columns like his.

Goldsmith on the contempt laws

In 1996, the Judge Richard T. Matsch took the decision to move America’s biggest domestic ter­ror­ist trial from Oklahoma to Col­or­ado. News­pa­per and tele­vi­sion stor­ies about Timothy McVeigh and Terry Nich­ols had been so per­vas­ive inside Oklahoma that “they have been demon­ized,” the judge wrote. “There is so great a pre­ju­dice against these two defend­ants in the state of Oklahoma that they can­not obtain a fair and impar­tial trial at any place … in that state.”

So do jur­ies get pre­ju­diced by media report­ing before tri­als? Lord Gold­smith would respect­fully dis­agree with Judge Matsch, and he would like some research. Accord­ing to the BBC:

Lord Gold­smith said research in other coun­tries has con­cluded the effects of pre-trial report­ing was less sig­ni­fic­ant than might be thought.

A study in Aus­tralia found jur­ors were not likely to recall the pub­li­city in detail, and any such inform­a­tion was super­seded by the evid­ence they heard in court.

A Cana­dian study con­cluded pre-trial pub­li­city had little effect, even in sen­sa­tional cases.

Ah yes, that would be a study from New South Wales in 2000 — the pre-broadband era. Although they reviewed 41 cases, only a third of jur­ors agreed to be inter­viewed. Still, the research con­cluded that as long as a trial was held long enough after the ini­tial media cov­er­age, jur­ors had mostly for­got­ten all about it. The Cana­dian study? Likely to be that of a single case – the Paul Bern­ardo trial in the mid-1990s.

But the Attorney-General wants more research. And you can’t have enough research, can you? But guess what? There is a lot of research.

In 2004, aca­dem­ics at Aber­deen Uni­ver­sity intro­duced their paper, Under­stand­ing Pre-trial Pub­li­city: Pre­decisional Dis­tor­tion of Evid­ence by Mock Jur­ors, like this:

over 35 years of research examin­ing the effects of PTP [pre-trial pub­li­city] has pro­duced a con­sid­er­able body of lit­er­at­ure that demon­strates a pre­ju­di­cial impact of PTP on juror decision making…

Broadly, this research iden­ti­fies a neg­at­ive impact of PTP on juror per­cep­tions of the defendant’s crimin­al­ity and like­ab­il­ity, in addi­tion to an increased fre­quency of guilty verdicts.

And what did their study show?

For jur­ors exposed to neg­at­ive pre-trial inform­a­tion about the defend­ant, this dis­tor­tion pro­cess is exacer­bated and the pro­sec­u­tion is more strongly favoured as the leader.

Yes, there’s a nice line in research that says but­ter­ing up report­ers and soften­ing pub­lic opin­ion prior to a trial will get you exactly the res­ult you want. Elev­ator? Going down.

Just last June, some psy­cho­logy research­ers in Flor­ida pub­lished Effects of pre-trial pub­li­city and jury delib­er­a­tion on juror bias and source memory errors. Their find­ings?

Expos­ure to PTP sig­ni­fic­antly affected guilty ver­dicts, sen­tence length, per­cep­tions of defend­ant cred­ib­il­ity, and misat­tri­bu­tions of PTP as hav­ing been presen­ted as trial evidence.

So, the bal­ance of aca­demic stud­ies sug­gests that Lord Gold­smith is either:

  1. woe­fully ill-informed, or
  2. that he knows exactly how the land lies and is cyn­ic­ally try­ing to up the con­vic­tion rate in ter­ror­ism tri­als where the evid­ence is a little – how should we put it – wobbly.

Let me say, in an effort to be mod­estly con­tro­ver­sial, that research isn’t going to tell us a great deal about this issue.

Jur­ies are not the ulti­mate focus group, they’re a leg­acy of an ancient sys­tem that has on occa­sion worked well for Brit­ish civil ser­vants want­ing to chal­lenge their employ­ers, and badly for young black men in the United States facing cap­ital charges.

Jur­ies are, like the rest of us, weak, vain and eas­ily manipulated.

Media pub­li­city is a fact of mod­ern life, so let defence teams argue back and battle begin. Or wrap jur­ors in cling film. Of course, judges might like that…

BBC business coverage review

The Budd report on the impar­ti­al­ity of the BBC’s cov­er­age of busi­ness is here. Released on the Fri­day before a pub­lic hol­i­day it clears the Beeb of sys­tem­atic bias (well, most big organ­iz­a­tions have trouble doing any­thing sys­tem­at­ic­ally), but has some inter­est­ing side­bars regard­ing cam­paign­ing on behalf of con­sumers and the import­ance of cosy­ing up to ‘opinion-formers.’