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Anonymous Speech: Literature, Law and Politics
Anonymous Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech.
This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
200 pages, Hardcover
Published July 14, 2016
5 people want to read
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December 15, 2016
Anonymity is both an old and a new phenomenon. In his new book, Professor Barendt addresses the history of anonymity. He discusses varieties of anonymous writing, the different contexts in which people write anonymously: novels and literary reviews as well as newspapers and periodicals (chapter 2), art and graffiti (for instance, Bansky, p. 49), and in the digital era on the internet (chapter 6).
The book criticises the arguments made for a strong constitutional right to anonymous speech. Barendt agrees that there is no overwhelming case for recognizing a strong right to anonymous speech though in some circumstances, most notably for justified instances of whistleblowing, there are good reasons to support a qualified right or freedom (p. v). He examines the general treatment of anonymous speech and writing in English law, noting that English law does not recognize a right to anonymous speech (p. 3). Barendt also examines journalists' resort to anonymity and their use of anonymous sources, and authorship with the use of a pseudonym. Barendt notes that it was from the traditional reason of modesty that the three Brontë sisters wrote under pseudonyms (p. 17) and that during the 19th century newspaper journalism was almost invariably anonymous. A century later, the anonymity practice was gradually relaxed (p. 31).
Professor Barendt has done a thorough research for the book, studying different legal systems and their treatment of anonymity, including the British, Canadian, German and the American systems. Through the book, he analyses court decisions from various countries as well as decisions of the European Court of Human Rights. At the outset, the reader finds two helpful tables: Table of Cases and Table of Statutes and Constitutional Provisions.
Barendt also examines political writings, noting John Locke (1632-1704) who was anxious to protect his identity. Locke admitted to authorship only of Two treatises of government (1689), A letter concerning toleration (1689) and The reasonableness of Christianity (1695) (p. 44). Søren Kierkegaard (1813-1855) was also known for using pseudonyms (p. 45).
Presenting a balanced view between freedom of expression and other important interests, time and again Barendt highlights the benefits and hazards of anonymity, weighing the different interests that come into play: of authors, readers, sources and audiences. Thus, for instance, pseudonyms enable established writers to use a separate author name for a different genre of their work (p. 11). Peer review of scholarly publications is conducted anonymously for good reasons (pp. 51-53). Considering confidentiality of sources, Barendt rightly notes the merits of this journalistic practice but, at the same time, he presents several arguments why reliance on anonymous sources may be dangerous (p. 114). The British Medical Association backs the right of physicians to use social networks anonymously for leisure but recommends that they identify themselves when commenting on issues pertaining to their profession (p. 135).
The book also discusses anonymous internet communication, particularly on social media. Here Barendt analyses the difficulties faced by the victims of threats and defamatory allegations on the net when the speaker has used a pseudonym. Indeed, anonymity is a growing concern in the age of the internet. It is a double-edged sword as it can protect human rights activists and other people who wish to do good and who are acting in a hostile environment. But anonymity also serves criminals and terrorists, helping them to abuse the net. Encryption and onion routers such as Tor (p. 125) are crypto-assisted anonymity tools: they may enhance your privacy and anonymity but they may also undermine your own security. Social networking is open to use and abuse.
Anonymous proxies like https://zend2.com mask the IP addresses of netusers. No logs or other identifying information is kept. Anonymity reduces the number of mutual cues upon which trust may develop. It may further obscure the nature of mutual relations and suggest a diminished sense of responsibility to one another. The anonymity and privacy that the internet is offering may desensitise people, making some of them devoid of compassion and care, of responsibility and of any sense of accountability. The seeming anonymous nature of the internet, its wide dissemination and easy use make the net a perfect platform for hostile venting.
Net anonymity is most convenient for spreading malicious unfounded allegations and for backstabbing. Bullies adopt screen names that do not reveal their identities and some of them exploit this anonymity to hurt classmates and other netusers (p. 135). Trolls send abusive and insulting communications directed at designated targets (p. 123). Stalkers can operate anonymously from the privacy of the home, retrieving information about the victim by using crawlers without venturing into the physical world.
While the right to speak anonymously is debated and contested, in the context of practicing the democratic right of voting anonymity is a given, regarded as a basic and essential right. In the final chapter (7), ‘Anonymous speech, the secret ballot and campaign contributions’, Barendt discusses the universally accepted argument for the secret ballot. Interestingly, Barendt considers the arguments of John Stuart Mill (1806-1873) against secret voting (p. 158). For Mill, voting was a public trust. As voters have moral obligation to consider the interest of the public, the duty of voting according to Mill should be performed under the eye and criticism of the public.
The book publisher, Hart, says that this is “the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity”. Barendt is an erudite author. The book is well written and the arguments astutely reasoned. I highly recommend it to those who are interested in the complexities and history of anonymity on- and off-line.
The book criticises the arguments made for a strong constitutional right to anonymous speech. Barendt agrees that there is no overwhelming case for recognizing a strong right to anonymous speech though in some circumstances, most notably for justified instances of whistleblowing, there are good reasons to support a qualified right or freedom (p. v). He examines the general treatment of anonymous speech and writing in English law, noting that English law does not recognize a right to anonymous speech (p. 3). Barendt also examines journalists' resort to anonymity and their use of anonymous sources, and authorship with the use of a pseudonym. Barendt notes that it was from the traditional reason of modesty that the three Brontë sisters wrote under pseudonyms (p. 17) and that during the 19th century newspaper journalism was almost invariably anonymous. A century later, the anonymity practice was gradually relaxed (p. 31).
Professor Barendt has done a thorough research for the book, studying different legal systems and their treatment of anonymity, including the British, Canadian, German and the American systems. Through the book, he analyses court decisions from various countries as well as decisions of the European Court of Human Rights. At the outset, the reader finds two helpful tables: Table of Cases and Table of Statutes and Constitutional Provisions.
Barendt also examines political writings, noting John Locke (1632-1704) who was anxious to protect his identity. Locke admitted to authorship only of Two treatises of government (1689), A letter concerning toleration (1689) and The reasonableness of Christianity (1695) (p. 44). Søren Kierkegaard (1813-1855) was also known for using pseudonyms (p. 45).
Presenting a balanced view between freedom of expression and other important interests, time and again Barendt highlights the benefits and hazards of anonymity, weighing the different interests that come into play: of authors, readers, sources and audiences. Thus, for instance, pseudonyms enable established writers to use a separate author name for a different genre of their work (p. 11). Peer review of scholarly publications is conducted anonymously for good reasons (pp. 51-53). Considering confidentiality of sources, Barendt rightly notes the merits of this journalistic practice but, at the same time, he presents several arguments why reliance on anonymous sources may be dangerous (p. 114). The British Medical Association backs the right of physicians to use social networks anonymously for leisure but recommends that they identify themselves when commenting on issues pertaining to their profession (p. 135).
The book also discusses anonymous internet communication, particularly on social media. Here Barendt analyses the difficulties faced by the victims of threats and defamatory allegations on the net when the speaker has used a pseudonym. Indeed, anonymity is a growing concern in the age of the internet. It is a double-edged sword as it can protect human rights activists and other people who wish to do good and who are acting in a hostile environment. But anonymity also serves criminals and terrorists, helping them to abuse the net. Encryption and onion routers such as Tor (p. 125) are crypto-assisted anonymity tools: they may enhance your privacy and anonymity but they may also undermine your own security. Social networking is open to use and abuse.
Anonymous proxies like https://zend2.com mask the IP addresses of netusers. No logs or other identifying information is kept. Anonymity reduces the number of mutual cues upon which trust may develop. It may further obscure the nature of mutual relations and suggest a diminished sense of responsibility to one another. The anonymity and privacy that the internet is offering may desensitise people, making some of them devoid of compassion and care, of responsibility and of any sense of accountability. The seeming anonymous nature of the internet, its wide dissemination and easy use make the net a perfect platform for hostile venting.
Net anonymity is most convenient for spreading malicious unfounded allegations and for backstabbing. Bullies adopt screen names that do not reveal their identities and some of them exploit this anonymity to hurt classmates and other netusers (p. 135). Trolls send abusive and insulting communications directed at designated targets (p. 123). Stalkers can operate anonymously from the privacy of the home, retrieving information about the victim by using crawlers without venturing into the physical world.
While the right to speak anonymously is debated and contested, in the context of practicing the democratic right of voting anonymity is a given, regarded as a basic and essential right. In the final chapter (7), ‘Anonymous speech, the secret ballot and campaign contributions’, Barendt discusses the universally accepted argument for the secret ballot. Interestingly, Barendt considers the arguments of John Stuart Mill (1806-1873) against secret voting (p. 158). For Mill, voting was a public trust. As voters have moral obligation to consider the interest of the public, the duty of voting according to Mill should be performed under the eye and criticism of the public.
The book publisher, Hart, says that this is “the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity”. Barendt is an erudite author. The book is well written and the arguments astutely reasoned. I highly recommend it to those who are interested in the complexities and history of anonymity on- and off-line.
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