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Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
Comment
Film & TV
Politics
Purpose
4 min read

BBC scandals turn the spotlight on its lost mission

When it's good it's great but when it's bad it’s Babylonian

George is a visiting fellow at the London School of Economics and an Anglican priest.

Tim Davie in a blue suite smiles
Tim Davie, BBC boss.

I’m a great fan of the BBC. Generally speaking, I like and admire its journalists and its output and, occasionally, I take its and the licence-payer’s shilling. 

I may be increasingly unusual in choosing to be woken by Radio 4’s Today, but love it because of, rather than despite of, its presenters’ impertinent and interruptive style with politicians. Its radio drama is seductive. I admit to having assiduously followed The Archers, until (literally) I lost the plot at Covid. Short radio drama series can be compulsive listening, such as Al Smith’s first-class Life Lines, featuring Sarah Ridgeway as an ambulance call handler. 

As for TV, I’m showing my age – The Repair Shop, Antiques Roadshow and Professor Alice Roberts’ archaeology in Digging for Britain. Ancient Top of the Pops repeats accompany Friday evening drinks. 

But back to the journalism. Say what you like, the BBC’s news output is the world’s benchmark. It has consistently hired best-of-breed reporters, particularly on the foreign stage. Whatever politicians of both the left or right claim, depending on their circumstance, it is even-handed in its analysis.  

Newsnight under Victoria Derbyshire is immeasurably improved by its slick, half-hour, after-dinner sofa format. It disassembles the pompous and hypocritical, from Trump apparatchiks to Jeremy Clarkson at a farmers’ demo, his stammering and panicky “classic BBC” attempted dismissal now cheekily deployed in its own advertising. 

But – and you’ll know the “but” was coming – there’s the dark side. There has recently been a litany of managerial let-downs, any of which could have put a more commercial enterprise out of business. Conservative governments have customarily been most prone to traducing the BBC, possibly because they think it should know its place, which is not so much below the salt as serving at their table. 

So it’s quite the new thing for a Labour culture secretary, Lisa Nandy, further to undermine the credibility of its Director-General, Tim Davie, by listing its “catastrophic” failures on his watch. The BBC has just had to apologise (an occurrence now as regular as Gary Lineker’s controversial tweets) for failing to discover, let alone disclose, that the 13-year-old narrator of documentary Gaza: How to survive a Warzone was the son of a Hamas high-up. 

A separate external review has also found that BBC bosses failed adequately to protect staff on MasterChef from presenter Gregg Wallace’s invasive behaviours. And the corporation has had to apologise this month for broadcasting antisemitic chants by the vile act Bob Vylan at Glastonbury. 

It’s not all about Davie’s alleged shortcomings. As the BBC itself might put it, other director-generals are available. George Entwhistle resigned over a Newsnight crackpot report on a child-abuse scandal; Greg Dyke over Lord Hutton’s report into how the BBC reported the David Kelly suicide affair under the Blair government. Then there was the Jonathan Ross and Russell Brand “prank”. Let’s not, please, lift the coffin lid on Jimmy Savile again. And so, one is forced to say, it goes on. 

Is the BBC uniquely wicked and/or mismanaged? No. But it’s huge and visible. I have a theory that it’s a British institution which, like others, is a victim of its imperial past. It was nurtured in a post-Reith period, when being of the BBC was like carrying a British passport (“His/Her Britannic Majesty requests and requires…”). It not only believes in, it was a child of, its own propaganda. The derring-do of its great foreign correspondents was founded on the unquestioned might of empire. 

That leads, inevitably in a post-imperial age, to hubris. It’s like Babylon, the metaphor rather than the great Mesopotamian city. Once indestructible under emperors such as Nebuchadnezzar, sacker of Jerusalem, it was destroyed by its own vulnerabilities. The scriptural allegory from Genesis is that Babylon raised the great tower of Babel to reach the sky and oversee a world that spoke its one, true language. In his wrath at their pride, God scattered its people, now unable to understand each other, for they’d come to form their own languages. 

See how that works? The BBC has come to believe in itself, rather than its mission. And consequently, it has lost the ability to communicate, both internally and externally.  

It’s not alone. The Church of England has the same post-imperial problem. So does any elected government after about a decade. It’s the jobs of Archbishop of Canterbury and Prime Minister, as well as Director-General of the BBC, that can only end in tears. 

They should get together, these people. Work out accountable corporate structures that can work in the 21st century. Create top leadership jobs that are possible to do, rather than appoint emperors who turn out to have no wardrobes. 

The point surely is not that they are humiliated, but that they have to be humbled. They need to demolish their towers, stop babbling at each other and learn to speak a common language again.  

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