Posts Tagged: Historian

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Although Professor Orlando Figes used anonymity to publish caustic reviews of his peers online, anonymity and the right to sue for libel must be protected, writes Katie Engelhart.

[Note: this post originally appeared on www.freespeechdebate.com, a project of Oxford University.]

The case

In April 2010, a mysterious commenter, writing under the nom de plume “Historian”, began publishing caustic reviews of newly released books about Soviet history on the Amazon.co.uk website. “Historian” deemed Professor Rachel Polonsky’s work to be “dense” and “pretentious” and Professor Robert Service’s latest tome to be “rubbish”, “an awful book”. At the same time, the commenter hailed the “beautiful and necessary” work of Birbeck College Professor Orlando Figes. In private emails, circulated amongst prominent specialists in the field (including Figes), a suspicion was aired: that “Historian” was none other than Figes himself. In one of those emails, Service dubbed the reviews “unpleasant personal attacks in the old Soviet fashion”.

And so began the academy-rattling saga. Figes categorically denied the implied allegations against him and accused his rivals of libel. Soon, he instructed his lawyer to threaten legal action against Polonsky, Service and several publications that had published the historians’ conjectures. But no sooner were the legal threats unveiled than Figes’s wife, the barrister Stephanie Palmer, admitted to publishing the reviews herself. An apparently aghast Figes issued a statement indicating that he had “only just found out about this”.

But this explanation too proved short-lived. On 23 April 2010, Figes released a new statement assuming “full responsibility” for the posts and apologising to those he had accused. He later agreed to pay damages to, and cover the legal costs incurred by, Polonsky and Service.

Author opinion

As Polonsky eloquently explained in July 2010, “our cause of action was not the pseudonymous Amazon reviews themselves. Our objectives in pressing this case were to recover the considerable costs we had incurred in fending off Professor Figes’s legal threats…” This is an important distinction. Though his actions were cowardly, petty and unbefitting his distinguished academic title, Orlando Figes had the right to publish reviews of his peers: anonymously or otherwise.

But what of the legal brouhaha that followed? Polonsky and Service both criticised Figes’s hasty resort to legal means: his menacing legal notices and charges of libel. Indeed, Figes’s attempt to turn the law against his rivals appears absurd—but only because he was lying all along.

Our ninth draft principle specifies: “We should be able to counter slurs on our reputations without stifling legitimate debate.” If Figes had been telling the truth—if he was not, in fact, the pseudonymous reviewer—we might be sympathetic to his desperate efforts to protect his professional reputation. It does feel somewhat tragic when academic debate turns litigious. But the right to sue for libel, in appropriate circumstances, must be protected. Figes abused this protection; but this does not, as Service has suggested, mean that the protection is itself unjust.

In fact, Service’s post-debacle commentary is itself troubling. Service has lashed out at the “electronic media that enable the ink to flow from poison pens”. The Guardian reported that, in a private email to peers, Service noted: “Gorbachev banned [anonymity] from being used in the USSR as a way of tearing up someone’s reputation. Now the grubby practice has sprouted up here.”

I hardly think using technological or Gorbachev-style government measures to quash anonymous discussion is appropriate. Service surely understands that anonymous criticism has, in history, had its rightful place.

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Anonymity = cowardice? = half-way to heroism?

Former Israeli soldiers disclose routine mistreatment of Palestinian children. (via The Guardian). “Most of the soldiers have given testimonies anonymously.”

"Dr. Arul Chinnaiyan stared at a printout of gene sequences from a man with cancer, a subject in one of his studies. There, along with the man’s cancer genes, was something unexpected — genes of the virus that causes AIDS.
It could have been a sign that the man was infected with H.I.V.; the only way to tell was further testing. But Dr. Chinnaiyan, who leads the Center for Translational Pathology at the University of Michigan, was not able to suggest that to the patient, who had donated his cells on the condition that he remain anonymous."

- Anonymous Medicine. From today’s New York Times.

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FromThe New York Times:

South Korean Court Rejects Online Name Verification Law

“SEOUL, South Korea — In a major victory for free speech activists in South Korea, a top court on Thursday ruled unconstitutional a law that required Internet users to verify their identity before posting comments on major local Web sites. […]

The regulation was adopted amid widespread concern that Internet users were deluging Web sites with malicious and defamatory comments and false rumors; in a few cases, such statements were blamed in the suicides of celebrities.

But free-speech advocates condemned the rule, arguing that the government was using perceived abuses as a convenient excuse to discourage political criticism. They feared that people would censor themselves rather than provide their names, which would make it easier for the government to find and possibly punish them.”

Some points to note here:

Unlike the real-name debate in Germany (see below), the South Korean discussion was focused narrowly on libel. German officials worry about criminals using anonymity to shield their nefarious criminal activities. In South Korea, the primary target of the proposed real-name policy seems to have been the ordinary web user who hides behind anonymity to launch slanderous verbal attacks.

Also interesting is the strategy taken by the opponents: the free speech activists. Their main grievance here was not that government was censoring web users - but rather that government policies would encourage self-censorship.

The issue of self-censorship is also on the table in Myanmar, where the regime just ended direct media censorship.

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If Germany’s especially-litigious Pirate Party has its way, the European Court of Human Rights (ECtHR) will soon be forced to rule on whether anonymity is a human right - or, more specifically, part of the right to private life enshrined under the European Convention on Human Rights.

Reuters reports:

“This latest suit follows a February ruling by Germany’s Federal Constitutional Court that it was constitutional for telecommunication providers to demand personal data to set up accounts.

Some European Union countries such as Germany, Denmark, and France, have outlawed anonymous pre-paid cards to prevent their use in criminal activities, but the Pirate Party says that stifles a citizen’s right to privacy and free speech.”


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I’m no linguist. Yet it occurs to me that our discussion of anonymity might benefit from a little phonological injection.

The noun “anonymous” comes from the Greek anonymos, or “without name.”

But—as the literary scholar Anne Ferry recounts far more thoroughly than I—the English adjective itself was only born in the late 16th century. Then, and for centuries, the word was used sparingly. And its meaning was limited: used to describe a nameless piece of writing or an unnamed author.

It was only in the twentieth century that we got the corresponding noun: “anonymity.”

Linguists will point out that adjectival nouns—like nouns formed by slapping the suffix ity onto an adjective—are special beasts. Ferry writes that the seemingly humdrum acquisition of an ity can be the marking of much broader cultural shifts:

“… when such nouns are formed, something new in the language “has come into existence which did not exist before”… These nouns, then, can be powerfully compact signals of cultural changes… Like vast numbers of other words englished in the sixteenth century, anonymous was imported to serve a newly felt need.”

That need was to establish authorship concretely, where before the presence/absence of a named author was inconsequential. Importantly, this took place amidst a boom in the publication of anonymous poetry volumes in Europe.

But to be sure, the 20th century lexical shift—adjective —> noun—also spurred a substantive one. The meaning of the words loosened.  “Anonymous” and “anonymity” spread from the confines of authorship to the fluffier domain of identity.

Here’s where our next discussion will take off.

“Matisyahu Revels in Anonymity Without Signature Beard” via Rolling Stone.

Analog move…

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In 1930, The Nation magazine ran an article entitled “The Cult of Anonymity.” The piece followed a small group of Parisian writers who had pledged to publish their work without names: “to curb the exploitation of personalities” and to establish “the art as an ideal, not the ego.” A few years earlier, the British novelist E.M Forster’s pamphlet “Anonymity: An Enquiry” had lashed out a professional authors’ “insistence on personality,” and called for a return to a past when anonymity was celebrated. Almost forty years later, French philosophers rekindled the debate. In 1969, Michel Foucault asked, “What is an Author?” His more bombastic contemporary, Roland Barthes, proclaimed the named author dead on arrival.

It hasn’t exactly worked out that way.

Up through the 17th century, authoring books was a less-than-classy enterprise. A published novel? How uncouth! For that reason, many works were published anonymously or pseudonymously. But for me, what is more interesting is that these books were printed, purchased, read and critically reviewed—even though readers had no information about the works’ provenance. In other words, anonymity did not negate credibility. Authorship was not a condition for authority.

The (very few) historians working in this area speak of a “transformation of readers’ expectations” around 1800: some time shortly after the French Revolution, when the modern publishing industry was in its infancy. By 1850, books needed authors. They still do. And it is this that our French philosophes were reacting against. If anonymity was obsolete by the 19th century, it was remembered with nostalgia in the 20th.

What of now? Once again, the publishing industry is transforming. And we seem torn: insistent on an elusive right to express ourselves anonymously, even as we bask in the heydays of the “age of personality.” Anonymous ‘mommy bloggers’ get cult followings. But I tend to scrutinize the Wikipedia bios of journalists before I make a judgment on their work.

Identity matters, and it doesn’t. What is sure is that our obsession with provenance—our tendency to ingest an author and his/her words hand in hand—is a relatively new invention. And one I’ll continue to explore.

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“Today authorship and authority have become inextricably linked, and literature without a responsible agent identified is like an artifact that turns up in the saleroom lacking a decent provenance. Both anonymity and pseudonymity have become suspect behavior.” - Pat Rogers, New Literary History 33.2 (2002)