L'Affaire DSK: Was Europe guilty of turning a collective blind eye?

In one of 2011's biggest scandals, the most powerful man in world finance stands accused of forcing himself on a hotel domestic. Broken in New York following his arrest, the news came as a shock to the world, but perhaps not to his inner circle. In France, it seems even the media subscribes to a culture of turning a blind eye to these little ‘adventures,’ and word only later emerged of previous indiscretions, including the accusation of sexual assault on a female writer by Dominique Strauss-Kahn (aka DSK). Why is it that influential men on the Continent still seem to get away with less than a healthy respect for the so-called fairer sex?

Whether or not DSK ends up swapping pinstripes for jailstripes, the political scene in Europe continues to bubble with a whole cauldron of sex scandals and sordid affairs. But while the British Press is only too ecstatic to reveal any intimate details uncovered to a public that delights in being scandalised, many of our neigbours’ media outlets take a more cautious approach to revealing their politicians’ escapades. One only has to look at the case of Silvio Berlusconi, a man whose political power, combined with his control of the largest broadcaster in Italy, has saved him until recently from too much unwelcome exposure.

See no bunga, hear no bunga

Signor Berlusconi’s infamous parties are now common knowledge. For anyone keeping abreast of current affairs, the phrase bunga bunga should conjure up images of raucous swimming pools, Moroccan beauties of questionably legal age and levels of decadence Nero himself might be proud of. Hard to imagine Nick Clegg or David Cameron ever attempting such a thing without getting caught. Yet Italian Prime Minister Berlusconi got away with his rampant indiscretions for years. And not just because he did his best to hush it all up.

The fact is that while the UK has made leaps and bounds in sexual equality, many countries in Europe lag far behind. The cultural contrast is often stark, and it's no surprise that DSK was apprehended in the USA and not his native France, where his presidential aspirations have been promising until now. What a Briton or American might regard as scandal, fails to ruffle many a Continental feather. I spoke recently to an Italian doctor, clearly an educated man, and asked what he thought of the aforementioned Berlusconi. His response was simply: ‘I admire him.’ Of course I pressed him on the issue of the premier's irresponsible behaviour (not to mention his harsh line on immigration and alleged corruption), but he waved this away. That was his personal life, nothing to do with his work.

No sex please, we’re British?

So are our rumour-mongering journalists simply guilty of an Anglo-Saxon prudery? Perhaps. But I prefer to think of it as an enlightened approach to equality. I’m certainly not extolling the British and American media as some blessed champion of fairness and egalitarianism; a cursory flick through the Daily Mail, or thirty seconds of Fox News would shatter any such illusions. But I do believe that the dogged determination to uncover unpleasant truths reflects a public that not only loves to see a scandal, but also feels a satisfaction that even the most powerful among us are not beyond reproach. L'affaire DSK, as the French are calling it, makes this principle painfully clear.

For an eye-opening look at why the French public is struggling to grasp what all the American fuss is about, click here

Sex, Lies and Super-injunctions: The Freedom vs Privacy debate shifts into top gear

What do Max Mosley, William and Kate, Jeremima (yes, that’s what I’m calling the alleged union of Jeremy Clarkson and Jemima Khan) and The Guardian have in common? A spate of super-injunctions, one naughty Twitter account and a European court case are once again forcing us to ask: should the Press be free to publish what it likes, or should individual privacy reign supreme?

When celebs cry ‘Leave us alone!’ we all too often yell back: ‘You brought it on yourself!’ After all, if the likes of Kerry Katona and Katie Price were really interested in a quiet life, ITV2 would have folded long ago. But are we being too harsh on these distraught divas? Should the choice to make a living from being a famous face really be taken as a surrendering of all right to privacy? While never having watched a Price documentary, I’m assuming there are moments even Jordan would rather her viewers weren’t privy to. Even if they show the Brazilian waxes, surely they cut to commercials when she goes for a Hollywood?

The Royal Honeymoon destination is no longer a secret...

This is to say nothing of famous people with a more genuine interest in staying out of the limelight. Along with half of the world I was glued to the screen on April 29^th when two rather privileged young people tied the knot (and one sister-of-the-bride set the Twittersphere a-flutter). But I wasn’t exactly pleased to find out that their honeymoon destination had been leaked by a member of the evidently PR-hungry Seychelles tourism board. My first instinct was: ‘Oh leave them alone.’ A couple normally under such scrutiny deserve to escape the attentions of the paparazzi for a few days at least. And spare a thought for poor Max Mosley. Surely the right to privately hold allegedly Nazi-themed co-ed gatherings is intrinsic to our British freedoms? Hmmm.....

Does Max Mosley have a point?

Max Mosley just lost his latest case at the European Court of Human Rights. Speaking to a more than usually sardonic Paxman on Newsnight, he explained that he had wanted the Press to warn the subjects of a revelation before making it. Perhaps this could be taken as a reasonable courtesy. The footballer about to have his away goals made public, could endeavour to steal his fiancée’s Sun the next day, and the Lib Dem MP with a penchant for male escorts might contrive some way of distracting his wife’s attention from her morning perusal of The Independent. Or they might even use the advanced notification to plead domestic forgiveness. Either way, it’s not a fear of missing out on news of infidelities and improprieties that worry me about the rise of the super-injunction.

Super-injunctions, Big Business and the hyper-injunction

The judge at the European Court of Human Rights feared a ‘chilling effect’ on the freedom of the press, if the gagging went ahead. While the world is hardly a better place for the Jeremima rumours, sometimes spilling the beans is the right thing to do. For example in 2006, when oil company Trafigura dumped over 500 tonnes of toxic waste into the sea near Abidjan, Ivory Coast, causing illness to thousands of local residents. The company later tried to silence The Guardian from reporting discussion of the affair in Parliament.

The fact is that large corporations can get super-injunctions just as easily as B-list celebrities. And the news they want to cover up may have real and potentially global significance. And it gets worse. Injunctions outlaw discussion of a topic; super-injunctions ban discussion of both the topic and the fact that an injunction has been passed. As if that weren’t enough, the hyper-injunction goes a step further by banning discussion even with MPs, lawyers and journalists. Is it just me, or does all this judicial shrouding of silence with silence seem sinister and menacing?

It's not just the economy that looks like 1984

At times like these, Orwellian allusions are clichéd but indispensable. I can’t help but be reminded of the government’s cunning plan, in 1984, of doing away with opposition by removing the vocabulary with which people express it. Being rendered incapable not only of talking about something, but also of talking about the fact that we can’t talk about it, seems a little too Big Brotherly for my liking. That’s why I’m grateful for the Twitter account that threatened to make a ‘mockery’ of super-injunctions. What we need now is some clear legislation on the issue, and a continued respect for freedom of the Press.

In the meantime, check out this hilarious list of the world’s top five superinjunctions.