Carry on blogging

Carry on blogging

By: John Hirst

Former prisoner John Hirst challenges the Prison Service on their stance against prisoners writing blogs and encourages others to join the 'blogosphere'



In the June 2009 issue of Inside Time, in the Mailbag section, there is a letter from Noel “Razor” Smith called “Writing blogs”. He complained that the Prison Service had forbidden him from writing for publication or having any contact with the media. “Razor” rightly pointed out that there was no reference within the Prison Rules and Prison Service Orders in relation to prisoners writing blogs, and raised this question: “So as a serving prisoner, can I write a blog?” The Ministry of Justice responded in the negative.

I was concerned by the allegation of denial of access to the media, given that I had already won a case allowing prisoners access to the media. And even more concerned with the MoJ’s negative response to the question raised by “Razor” as to whether he could write a blog.

Meanwhile, I received an email with a link directing me to Ben’s Blog which has this message in the header: “The only blog by a serving British prisoner. Looking stupidity and ignorance in the eye whilst attempting to inject some neurons into the criminological debate. As British prisoners are denied internet access, I post via the Royal Mail and the kind efforts of friends”.

I was reminded of the cartoon depicting a grinning prisoner in handcuffs as he stuck up two fingers to the authorities. In the profile of the blog, it states that the author is Ben Gunn. Those familiar with Ben’s writings in Inside Time over the years will perhaps agree that what he has to say is interesting. I certainly thought what I read on the blog interesting enough to email Iain Dale, the author of Iain Dale’s Diary. He replied: “Thanks for this… fascinating … will put it in the Daley Dozen”. A link in Iain’s best of the day is sure to send a lot of internet traffic to the highlighted blog. The social phenomenon of prisoner blogging had started, and very quickly Ben’s Blog became an internet sensation.

By snail mail I received a letter from Ben Gunn, he said: “I just knew they couldn’t let the blog go without making some effort at stopping it”. Enclosed with the letter was a copy of Ben’s appeal to Nick Evans, Governor of HMP Shepton Mallet, challenging a memo from Mr Hunt (not Mike by any chance is it?). As with “Razor”, the authorities had quoted from Prison Service Order 4411. Whilst I do not fully agree with Ben’s legal analysis, stating that PSO 4411 is not relevant, nevertheless I agree that PSO 4470, which deals with prisoners’ access to the media, is very relevant. A large part of the law is about interpretation. The interpretation given to both “Razor” and Ben is in conflict with the advice given in PSO 4470. Prisoners are entitled to contact the media under Article 10 of the European Convention, incorporated into the Human Right Act 1998, under freedom of expression; and this extends to “matters of legitimate public interest”.

On Saturday 12 September, Iain Dale in his Daley Dozen wrote: “1. Jailhouselawyer has evidence that Prisoner Ben’s blog is being censored by his prison governor”. The internet was incensed by this attempt by the State at censorship of a fellow blogger. I wrote an article for the Guardian online Comment is Free, “Don’t gag blogging prisoners”. It was sub-headed: “Attempting to ban prisoners from blogging is just going to shut down a useful source of information for the general public”. I emailed a copy to the Director General of NOMS, Phil Wheatley. The BBC World Service picked up on the story from both Iain Dale’s Diary and the Guardian, and asked me to do an interview. During the discussion, the legal commenter Joshua Rozenburg, on Ben’s blog, said: “It was useful, indeed very telling, to see the mind of a prisoner and to give us something of an inside account of what goes on in a prison”. From Italy there was support: “In spite of these bars I can still talk. Listen”. And from Santiago in Chile another blogger wrote: “Free Ben’s Prison Blog from being silenced” (I had advised the administrator to change the name of the blog to distinguish it from other Ben’s blogs on the internet. It then went from nowhere on Google’s rankings straight into number one.) And yet another blogger wrote: “Prison Blogger Under Fire”. It went on and on … “Let Ben Gunn blog”, and “Ben’s Blog: Prisoner reform and the internet” being just a couple of examples. Instead of turning Ben’s volume down, the MoJ had inadvertently raised it to blast out across the world. It was, to put it mildly, a PR disaster for the MoJ.

Upon receiving my email and reading the said article, Phil Wheatley decided he had better seek legal advice. Then, following a visit to Ben at Shepton Mallet, his blog administrator phoned me to say that the MoJ is now ‘reviewing its policy’ on blogging prisoners. I then phoned the MoJ press office for comment. My question was: “Why is the MoJ breaking the law in relation to Ben’s Prison Blog?” I was asked whether I was from the media. I replied that I am a blogger which is part of the new media. The voice on the phone claimed that that is not the media and added: “No comment”. I sought clarification if that was the response to my question, “Yes”. I ended the conversation with a parting shot: “I am sorry, but that is just not good enough”.

Bearing in mind it is widely accepted that Barack Obama became President as a result of on-line campaigning; the internet is a powerful tool. It will lead to prisoner empowerment.

Ben has received the answer to his appeal from the prison Governor. It contains an apology for stopping his letter going out with the blog material and causing him an inconvenience. Basically, the reply states that the Governor was following the advice given by the Policy Lead on PSO 4411 at the MoJ. When PSO 4470 was taken into account, the MoJ now accepts that its previous advice that prisoners were not allowed to blog was ‘given in error’ and has now been withdrawn. Prisoners can now legally blog. However, the authors of any blogs must still comply with the relevant laws on libel etc. Now, wouldn’t ‘Carry on Blogging’ be a bloody good film comedy? ‘Razor Sharp Wit’ might make a good blog name for Mr Smith! I look forward to welcoming him and any other prisoners who can now join the ‘blogosphere’.