November 21, 2009
UTNE READER

The Truth Buried Alive

(Page 3 of 5)

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Then it turned grim. The Tanzanian police, we learned, were hunting for Lissu. Lissu, while in the Tanzanian capital of Dar es Salaam, told officials that the allegations of deaths should be investigated. Hardly an inflammatory statement; but the Tanzanian government determined that was sufficient grounds to charge him with sedition.

That’s when I lost all sense of reason. I hinted that if the Guardian fabricated a lie to save a few coins, I might take action against my own newspaper for defaming me as a journalist. I’d never do it; the threat was nuts (and not exactly a career maker), but I couldn’t let Lissu go to jail by going along with an easy lie. The Guardian’s good moral sense slowed the rush to the usual cheap exit from a suit. However, the money clock on legal fees was ticking, making me the most expensive journalist at the Guardian papers.

Bad news. In July 2001, in the middle of trying to get out the word of the theft of the election in Florida, I was about to become the guinea pig, the test case, for an attempt by a multinational corporation to suppress free speech in the USA using British libel law. I have a U.S.-based Web site for Americans who can’t otherwise read my columns or view my BBC television reports. The gold-mining company held my English newspaper liable for aggravated damages for my publishing the story in the USA. If I did not pull the Bush-Barrick story off my U.S. Web site, my paper would face a ruinously costly fight.[1]

Panicked, the Guardian legal department begged me to delete not just the English versions of the story but also my Spanish translation, printed in Bolivia. (Caramba!)

The Goldfingers didn’t stop there. Barrick’s lawyers told our papers that I personally would be sued in the United Kingdom over Web publications of my story in America, because the Web could be accessed in Britain. The success of this legal strategy would effectively annul the U.S. Bill of Rights. Speak freely in the USA, but if your words are carried on a U.S. Web site, you may be sued in Britain. The Declaration of Independence would be null and void, at least for libel law. Suddenly, instead of the Internet becoming a means of spreading press freedom, the means to break through censorship, it would become the electronic highway for delivering repression.

And repression was winning. InterPress Services (IPS) of Washington, DC, sent a reporter to Tanzania with Lissu. They received a not from Barrick that said if the wire service ran a story that repeated the allegations, the company would sue. IPS did not run the story.

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