1 00:00:00,872 --> 00:00:02,416 I'd like to start, if I may, 2 00:00:02,416 --> 00:00:05,140 with the story of the Paisley snail. 3 00:00:05,140 --> 00:00:08,355 On the evening of the 26th of August, 1928, 4 00:00:08,355 --> 00:00:10,729 May Donoghue took a train from Glasgow 5 00:00:10,729 --> 00:00:13,260 to the town of Paisley, seven miles east of the city, 6 00:00:13,260 --> 00:00:15,573 and there at the Wellmeadow Café, 7 00:00:15,573 --> 00:00:18,699 she had a Scots ice cream float, 8 00:00:18,699 --> 00:00:20,546 a mix of ice cream and ginger beer 9 00:00:20,546 --> 00:00:22,501 bought for her by a friend. 10 00:00:22,501 --> 00:00:24,902 The ginger beer came in a brown, opaque bottle 11 00:00:24,902 --> 00:00:28,765 labeled "D. Stevenson, Glen Lane, Paisley." 12 00:00:28,765 --> 00:00:30,841 She drank some of the ice cream float, 13 00:00:30,841 --> 00:00:32,675 but as the remaining ginger beer was poured 14 00:00:32,675 --> 00:00:34,071 into her tumbler, 15 00:00:34,071 --> 00:00:36,524 a decomposed snail 16 00:00:36,524 --> 00:00:39,106 floated to the surface of her glass. 17 00:00:39,106 --> 00:00:40,650 Three days later, she was admitted 18 00:00:40,650 --> 00:00:42,156 to the Glasgow Royal Infirmary 19 00:00:42,156 --> 00:00:44,214 and diagnosed with severe gastroenteritis 20 00:00:44,214 --> 00:00:46,167 and shock. 21 00:00:46,167 --> 00:00:49,435 The case of Donoghue vs. Stevenson that followed 22 00:00:49,435 --> 00:00:52,080 set a very important legal precedent: 23 00:00:52,080 --> 00:00:53,811 Stevenson, the manufacturer of the ginger beer, 24 00:00:53,811 --> 00:00:56,588 was held to have a clear duty of care 25 00:00:56,588 --> 00:00:58,036 towards May Donoghue, 26 00:00:58,036 --> 00:01:00,138 even though there was no contract between them, 27 00:01:00,138 --> 00:01:02,955 and, indeed, she hadn't even bought the drink. 28 00:01:02,955 --> 00:01:05,974 One of the judges, Lord Atkin, described it like this: 29 00:01:05,974 --> 00:01:08,884 You must take care to avoid acts or omissions 30 00:01:08,884 --> 00:01:10,952 which you can reasonably foresee 31 00:01:10,952 --> 00:01:14,180 would be likely to injure your neighbor. 32 00:01:14,180 --> 00:01:16,523 Indeed, one wonders that without a duty of care, 33 00:01:16,523 --> 00:01:18,269 how many people would have had to suffer 34 00:01:18,269 --> 00:01:21,993 from gastroenteritis before Stevenson eventually went out of business. 35 00:01:21,993 --> 00:01:24,374 Now please hang on to that Paisley snail story, 36 00:01:24,374 --> 00:01:27,607 because it's an important principle. 37 00:01:27,607 --> 00:01:30,101 Last year, the Hansard Society, a nonpartisan charity 38 00:01:30,101 --> 00:01:32,007 which seeks to strengthen parliamentary democracy 39 00:01:32,007 --> 00:01:35,244 and encourage greater public involvement in politics 40 00:01:35,244 --> 00:01:37,831 published, alongside their annual audit 41 00:01:37,831 --> 00:01:40,704 of political engagement, an additional section 42 00:01:40,704 --> 00:01:43,827 devoted entirely to politics and the media. 43 00:01:43,827 --> 00:01:46,202 Here are a couple of rather depressing observations 44 00:01:46,202 --> 00:01:48,210 from that survey. 45 00:01:48,210 --> 00:01:50,375 Tabloid newspapers do not appear 46 00:01:50,375 --> 00:01:53,208 to advance the political citizenship of their readers, 47 00:01:53,208 --> 00:01:54,781 relative even to those 48 00:01:54,781 --> 00:01:58,007 who read no newspapers whatsoever. 49 00:01:58,007 --> 00:02:00,999 Tabloid-only readers are twice as likely to agree 50 00:02:00,999 --> 00:02:02,850 with a negative view of politics 51 00:02:02,850 --> 00:02:05,425 than readers of no newspapers. 52 00:02:05,425 --> 00:02:07,418 They're not just less politically engaged. 53 00:02:07,418 --> 00:02:09,866 They are consuming media that reinforces 54 00:02:09,866 --> 00:02:11,828 their negative evaluation of politics, 55 00:02:11,828 --> 00:02:14,931 thereby contributing to a fatalistic and cynical 56 00:02:14,931 --> 00:02:18,266 attitude to democracy and their own role within it. 57 00:02:18,266 --> 00:02:20,426 Little wonder that the report concluded that 58 00:02:20,426 --> 00:02:23,616 in this respect, the press, particularly the tabloids, 59 00:02:23,616 --> 00:02:25,955 appear not to be living up to the importance 60 00:02:25,955 --> 00:02:28,591 of their role in our democracy. 61 00:02:28,591 --> 00:02:30,650 Now I doubt if anyone in this room would seriously 62 00:02:30,650 --> 00:02:32,097 challenge that view. 63 00:02:32,097 --> 00:02:34,713 But if Hansard are right, and they usually are, 64 00:02:34,713 --> 00:02:36,689 then we've got a very serious problem on our hands, 65 00:02:36,689 --> 00:02:39,324 and it's one that I'd like to spend the next 10 minutes 66 00:02:39,324 --> 00:02:41,353 focusing upon. 67 00:02:41,353 --> 00:02:43,036 Since the Paisley snail, 68 00:02:43,036 --> 00:02:45,500 and especially over the past decade or so, 69 00:02:45,500 --> 00:02:47,419 a great deal of thinking has been developed 70 00:02:47,419 --> 00:02:49,278 around the notion of a duty of care 71 00:02:49,278 --> 00:02:51,817 as it relates to a number of aspects of civil society. 72 00:02:51,817 --> 00:02:54,561 Generally a duty of care arises when one individual 73 00:02:54,561 --> 00:02:57,295 or a group of individuals undertakes an activity 74 00:02:57,295 --> 00:02:59,825 which has the potential to cause harm to another, 75 00:02:59,825 --> 00:03:02,539 either physically, mentally or economically. 76 00:03:02,539 --> 00:03:05,010 This is principally focused on obvious areas, 77 00:03:05,010 --> 00:03:08,052 such as our empathetic response to children and young people, 78 00:03:08,052 --> 00:03:10,778 to our service personnel, and to the elderly and infirm. 79 00:03:10,778 --> 00:03:14,971 It is seldom, if ever, extended to equally important arguments 80 00:03:14,971 --> 00:03:19,221 around the fragility of our present system of government, 81 00:03:19,221 --> 00:03:22,730 to the notion that honesty, accuracy and impartiality 82 00:03:22,730 --> 00:03:24,874 are fundamental to the process of building 83 00:03:24,874 --> 00:03:26,603 and embedding an informed, 84 00:03:26,603 --> 00:03:29,360 participatory democracy. 85 00:03:29,360 --> 00:03:30,781 And the more you think about it, 86 00:03:30,781 --> 00:03:32,612 the stranger that is. 87 00:03:32,612 --> 00:03:34,074 A couple of years ago, I had the pleasure 88 00:03:34,074 --> 00:03:35,828 of opening a brand new school 89 00:03:35,828 --> 00:03:37,399 in the northeast of England. 90 00:03:37,399 --> 00:03:40,938 It had been renamed by its pupils as Academy 360. 91 00:03:40,938 --> 00:03:42,790 As I walked through their impressive, 92 00:03:42,790 --> 00:03:44,165 glass-covered atrium, 93 00:03:44,165 --> 00:03:45,983 in front of me, emblazoned on the wall 94 00:03:45,983 --> 00:03:47,531 in letters of fire 95 00:03:47,531 --> 00:03:50,632 was Marcus Aurelius's famous injunction: 96 00:03:50,632 --> 00:03:53,487 If it's not true, don't say it; 97 00:03:53,487 --> 00:03:56,570 if it's not right, don't do it. 98 00:03:56,570 --> 00:03:58,558 The head teacher saw me staring at it, 99 00:03:58,558 --> 00:04:01,350 and he said, "Oh, that's our school motto." 100 00:04:01,350 --> 00:04:03,077 On the train back to London, 101 00:04:03,077 --> 00:04:04,931 I couldn't get it out of my mind. 102 00:04:04,931 --> 00:04:07,490 I kept thinking, can it really have taken us 103 00:04:07,490 --> 00:04:09,701 over 2,000 years to come to terms 104 00:04:09,701 --> 00:04:11,566 with that simple notion 105 00:04:11,566 --> 00:04:14,518 as being our minimum expectation of each other? 106 00:04:14,518 --> 00:04:17,126 Isn't it time that we develop this concept 107 00:04:17,126 --> 00:04:18,795 of a duty of care 108 00:04:18,795 --> 00:04:21,221 and extended it to include a care 109 00:04:21,221 --> 00:04:24,485 for our shared but increasingly endangered democratic values? 110 00:04:24,485 --> 00:04:26,342 After all, the absence of a duty of care 111 00:04:26,342 --> 00:04:27,932 within many professions 112 00:04:27,932 --> 00:04:30,435 can all too easily amount to accusations of negligence, 113 00:04:30,435 --> 00:04:33,542 and that being the case, can we be really comfortable with the thought 114 00:04:33,542 --> 00:04:35,843 that we're in effect being negligent 115 00:04:35,843 --> 00:04:38,634 in respect of the health of our own societies 116 00:04:38,634 --> 00:04:41,369 and the values that necessarily underpin them? 117 00:04:41,369 --> 00:04:44,364 Could anyone honestly suggest, on the evidence, 118 00:04:44,364 --> 00:04:47,620 that the same media which Hansard so roundly condemned 119 00:04:47,620 --> 00:04:50,907 have taken sufficient care to avoid behaving 120 00:04:50,907 --> 00:04:54,349 in ways which they could reasonably have foreseen 121 00:04:54,349 --> 00:04:56,450 would be likely to undermine or even damage 122 00:04:56,450 --> 00:04:59,284 our inherently fragile democratic settlement. 123 00:04:59,284 --> 00:05:01,305 Now there will be those who will argue 124 00:05:01,305 --> 00:05:03,078 that this could all too easily drift into a form 125 00:05:03,078 --> 00:05:05,085 of censorship, albeit self-censorship, 126 00:05:05,085 --> 00:05:07,041 but I don't buy that argument. 127 00:05:07,041 --> 00:05:09,100 It has to be possible 128 00:05:09,100 --> 00:05:11,200 to balance freedom of expression 129 00:05:11,200 --> 00:05:14,407 with wider moral and social responsibilities. 130 00:05:14,407 --> 00:05:16,258 Let me explain why by taking the example 131 00:05:16,258 --> 00:05:19,161 from my own career as a filmmaker. 132 00:05:19,161 --> 00:05:20,968 Throughout that career, I never accepted 133 00:05:20,968 --> 00:05:22,595 that a filmmaker should set about putting 134 00:05:22,595 --> 00:05:25,645 their own work outside or above what he or she 135 00:05:25,645 --> 00:05:27,595 believed to be a decent set of values 136 00:05:27,595 --> 00:05:30,944 for their own life, their own family, 137 00:05:30,944 --> 00:05:34,535 and the future of the society in which we all live. 138 00:05:34,535 --> 00:05:35,859 I'd go further. 139 00:05:35,859 --> 00:05:39,153 A responsible filmmaker should never devalue their work 140 00:05:39,153 --> 00:05:41,197 to a point at which it becomes less than true 141 00:05:41,197 --> 00:05:44,637 to the world they themselves wish to inhabit. 142 00:05:44,637 --> 00:05:48,023 As I see it, filmmakers, journalists, even bloggers 143 00:05:48,023 --> 00:05:50,547 are all required to face up to the social expectations 144 00:05:50,547 --> 00:05:54,302 that come with combining the intrinsic power of their medium 145 00:05:54,302 --> 00:05:57,676 with their well-honed professional skills. 146 00:05:57,676 --> 00:06:00,563 Obviously this is not a mandated duty, 147 00:06:00,563 --> 00:06:03,045 but for the gifted filmmaker and the responsible journalist 148 00:06:03,045 --> 00:06:06,854 or even blogger, it strikes me as being utterly inescapable. 149 00:06:06,865 --> 00:06:09,464 We should always remember that our notion 150 00:06:09,464 --> 00:06:12,355 of individual freedom and its partner, creative freedom, 151 00:06:12,355 --> 00:06:14,150 is comparatively new 152 00:06:14,150 --> 00:06:16,412 in the history of Western ideas, 153 00:06:16,412 --> 00:06:18,330 and for that reason, it's often undervalued 154 00:06:18,330 --> 00:06:20,693 and can be very quickly undermined. 155 00:06:20,693 --> 00:06:22,920 It's a prize easily lost, 156 00:06:22,920 --> 00:06:24,683 and once lost, once surrendered, 157 00:06:24,683 --> 00:06:28,000 it can prove very, very hard to reclaim. 158 00:06:28,000 --> 00:06:29,525 And its first line of defense 159 00:06:29,525 --> 00:06:31,876 has to be our own standards, 160 00:06:31,876 --> 00:06:35,615 not those enforced on us by a censor or legislation, 161 00:06:35,615 --> 00:06:37,438 our own standards and our own integrity. 162 00:06:37,438 --> 00:06:39,432 Our integrity as we deal with those 163 00:06:39,432 --> 00:06:40,980 with whom we work 164 00:06:40,980 --> 00:06:44,605 and our own standards as we operate within society. 165 00:06:44,605 --> 00:06:46,075 And these standards of ours 166 00:06:46,075 --> 00:06:49,340 need to be all of a piece with a sustainable social agenda. 167 00:06:49,340 --> 00:06:51,453 They're part of a collective responsibility, 168 00:06:51,453 --> 00:06:53,583 the responsibility of the artist or the journalist 169 00:06:53,583 --> 00:06:55,957 to deal with the world as it really is, 170 00:06:55,957 --> 00:06:58,406 and this, in turn, must go hand in hand 171 00:06:58,406 --> 00:07:00,824 with the responsibility of those governing society 172 00:07:00,824 --> 00:07:02,901 to also face up to that world, 173 00:07:02,901 --> 00:07:05,261 and not to be tempted to misappropriate 174 00:07:05,276 --> 00:07:07,853 the causes of its ills. 175 00:07:07,853 --> 00:07:10,499 Yet, as has become strikingly clear 176 00:07:10,499 --> 00:07:12,567 over the last couple of years, 177 00:07:12,567 --> 00:07:14,601 such responsibility has to a very great extent 178 00:07:14,601 --> 00:07:17,644 been abrogated by large sections of the media. 179 00:07:17,644 --> 00:07:19,584 And as a consequence, across the Western world, 180 00:07:19,584 --> 00:07:22,883 the over-simplistic policies of the parties of protest 181 00:07:22,883 --> 00:07:25,268 and their appeal to a largely disillusioned, 182 00:07:25,268 --> 00:07:26,657 older demographic, 183 00:07:26,657 --> 00:07:28,865 along with the apathy and obsession with the trivial 184 00:07:28,865 --> 00:07:30,763 that typifies at least some of the young, 185 00:07:30,763 --> 00:07:32,821 taken together, these and other similarly 186 00:07:32,821 --> 00:07:34,902 contemporary aberrations 187 00:07:34,902 --> 00:07:36,949 are threatening to squeeze the life 188 00:07:36,949 --> 00:07:40,523 out of active, informed debate and engagement, 189 00:07:40,523 --> 00:07:43,050 and I stress active. 190 00:07:43,050 --> 00:07:45,327 The most ardent of libertarians might argue 191 00:07:45,327 --> 00:07:48,321 that Donoghue v. Stevenson should have been thrown out of court 192 00:07:48,321 --> 00:07:50,439 and that Stevenson would eventually have gone out of business 193 00:07:50,439 --> 00:07:53,856 if he'd continued to sell ginger beer with snails in it. 194 00:07:53,856 --> 00:07:57,270 But most of us, I think, accept some small role 195 00:07:57,270 --> 00:08:00,348 for the state to enforce a duty of care, 196 00:08:00,348 --> 00:08:03,020 and the key word here is reasonable. 197 00:08:03,020 --> 00:08:06,600 Judges must ask, did they take reasonable care 198 00:08:06,600 --> 00:08:08,015 and could they have reasonably foreseen 199 00:08:08,015 --> 00:08:10,213 the consequences of their actions? 200 00:08:10,213 --> 00:08:13,195 Far from signifying overbearing state power, 201 00:08:13,195 --> 00:08:16,720 it's that small common sense test of reasonableness 202 00:08:16,720 --> 00:08:19,379 that I'd like us to apply to those in the media 203 00:08:19,379 --> 00:08:21,650 who, after all, set the tone and the content 204 00:08:21,650 --> 00:08:24,967 for much of our democratic discourse. 205 00:08:24,967 --> 00:08:27,687 Democracy, in order to work, requires that 206 00:08:27,687 --> 00:08:30,635 reasonable men and women take the time to understand and debate 207 00:08:30,635 --> 00:08:32,967 difficult, sometimes complex issues, 208 00:08:32,967 --> 00:08:35,260 and they do so in an atmosphere which strives 209 00:08:35,260 --> 00:08:37,659 for the type of understanding that leads to, 210 00:08:37,659 --> 00:08:39,726 if not agreement, then at least a productive 211 00:08:39,726 --> 00:08:42,093 and workable compromise. 212 00:08:42,093 --> 00:08:44,450 Politics is about choices, 213 00:08:44,450 --> 00:08:48,441 and within those choices, politics is about priorities. 214 00:08:48,441 --> 00:08:50,979 It's about reconciling conflicting preferences 215 00:08:50,979 --> 00:08:56,195 wherever and whenever possibly based on fact. 216 00:08:56,195 --> 00:08:58,666 But if the facts themselves are distorted, 217 00:08:58,666 --> 00:09:02,389 the resolutions are likely only to create further conflict, 218 00:09:02,389 --> 00:09:04,276 with all the stresses and strains on society 219 00:09:04,276 --> 00:09:06,492 that inevitably follow. 220 00:09:06,492 --> 00:09:08,439 The media have to decide: 221 00:09:08,439 --> 00:09:11,613 Do they see their role as being to inflame 222 00:09:11,613 --> 00:09:13,943 or to inform? 223 00:09:13,943 --> 00:09:16,805 Because in the end, it comes down to a combination 224 00:09:16,805 --> 00:09:19,296 of trust and leadership. 225 00:09:19,296 --> 00:09:21,873 Fifty years ago this week, President John F. Kennedy 226 00:09:21,873 --> 00:09:23,479 made two epoch-making speeches, 227 00:09:23,479 --> 00:09:26,976 the first on disarmament and the second on civil rights. 228 00:09:26,976 --> 00:09:29,078 The first led almost immediately 229 00:09:29,078 --> 00:09:30,659 to the Nuclear Test Ban Treaty, 230 00:09:30,659 --> 00:09:33,724 and the second led to the 1964 Civil Rights Act, 231 00:09:33,724 --> 00:09:37,310 both of which represented giant leaps forward. 232 00:09:37,310 --> 00:09:39,715 Democracy, well-led and well-informed, 233 00:09:39,715 --> 00:09:42,208 can achieve very great things, 234 00:09:42,208 --> 00:09:43,881 but there's a precondition. 235 00:09:43,881 --> 00:09:47,192 We have to trust that those making those decisions 236 00:09:47,192 --> 00:09:49,659 are acting in the best interest not of themselves 237 00:09:49,659 --> 00:09:51,423 but of the whole of the people. 238 00:09:51,423 --> 00:09:54,502 We need factually-based options, 239 00:09:54,502 --> 00:09:55,741 clearly laid out, 240 00:09:55,741 --> 00:09:57,139 not those of a few powerful 241 00:09:57,139 --> 00:09:59,236 and potentially manipulative corporations 242 00:09:59,236 --> 00:10:01,603 pursuing their own frequently narrow agendas, 243 00:10:01,603 --> 00:10:04,032 but accurate, unprejudiced information 244 00:10:04,032 --> 00:10:06,408 with which to make our own judgments. 245 00:10:06,408 --> 00:10:08,302 If we want to provide decent, fulfilling lives 246 00:10:08,302 --> 00:10:10,613 for our children and our children's children, 247 00:10:10,613 --> 00:10:13,730 we need to exercise to the very greatest degree possible 248 00:10:13,730 --> 00:10:15,442 that duty of care for a vibrant, 249 00:10:15,442 --> 00:10:18,339 and hopefully a lasting, democracy. 250 00:10:18,339 --> 00:10:20,422 Thank you very much for listening to me. 251 00:10:20,422 --> 00:10:24,361 (Applause)