24 July 2012 – I intended to write about something called ‘moral licensing’, but the Daily Mail published something (on football racism) that deserves comment. This will probably interest those who’ve followed the John Terry & Luis Suarez cases, but I doubt it’ll interest anyone else, unfortunately. (The ‘moral licensing’ piece – which, in an odd way, is relevant to this – will follow in a few days).

I won’t rehash the Terry & Suarez cases (I’ll assume you know the details). There were some striking similarities between the cases, and some differences – eg process and burden of proof (more on that below). Also, the media coverage. Here’s what caught my eye in the Daily Mail yesterday (23/7/12):

(There’s an online version of this on the Daily Mail site – scroll down past the main story).

It was written by Mail columnist Martin Samuel. The parts which caught my attention were these (my bold):

“To brand a man a racist requires only a balance of probability, according to the FA.”

requires a balance of probability, according to the FA.” “…his outdated ideas about a case needing to be proven .”

about a case .” “Terry did not swing in a proper court, so now he will be tried in one with less exacting standards.”

So, to summarise: The FA’s “standards” in these matters aren’t as “exacting” as they could be. And, anyway, the newfangled “balance of probability” doesn’t establish proof, and it’s insufficient to “brand a man a racist”.

The UK media (en masse, including the Daily Mail) – took the exact reverse of this position over the FA’s “standards” on the Suarez case. “Balance of probability” was regarded as appropriate – yes, a lower burden of proof than “beyond reasonable doubt”, but just fine for the job. And quite sufficient to “brand a man a racist” (actually, “racial abuser”). As for “exacting standards”, the UK press fell over themselves to congratulate the FA on its 115-page Suarez report. Here’s what one fairly typical Guardian piece said about it:

The thoroughness, attention to detail and remarkable depth of the 115-page document […] a report that has prompted legal experts to talk about a document that is “appeal proof”. […] has brought a new meaning to the word transparency by revealing every last detail […] this extraordinary report… (Guardian, 1/1/2012)

This kind of gushing praise for the FA report was all over the newspapers, as was quick denunciation of those who criticised or questioned the FA panel’s verdict. Even before the FA released its delayed 115-page report, criticism of its verdict on Suarez – whether direct or implied – was framed by the UK media as “shameful“, as “confusing” the “zero tolerance message” on racism. When Suarez’s club (Liverpool) raised the issue of lack of evidence, etc, they were denounced as “beyond the pale“, “hypocritical“, and their actions viewed as a “constant undermining of the FA’s role“:

“Some of the words being used to describe the FA and its role in governance on these sort of issues, that is really beyond the pale.” (Piara Powar, BBC, 8/1/12)

(One of the things I learned about the fight against racism – from campaigners such as Piara Powar, Lord Ouseley, Sports editors at the Guardian, etc – was that it entails, indeed requires, an uncritical acceptance of “the FA and its role in goverance on these sort of issues”. I’d never realised this before, as the FA always seemed to me like a dubious assortment of inept old blokes in suits, with a rich history of unprogressive views and general cluelessness. But that’s what the UK media is for – to inform and educate).

Bandwagons, herd-mentality, etc

So, what about Martin Samuel of the Daily Mail – author of the above critical remarks about the FA’s “standards”, etc (in the context of the John Terry case). Surely he, of all people, didn’t jump on the hack-bandwagon – praising the FA’s Suarez report and dismissing its critics? Actually, that’s exactly what he did. Here’s the damning evidence, from his Daily Mail column, 4/1/2012:

Burden of proof

The FA uses the civil “balance of probability” rule of proof. This generally means a lower burden of evidence required to “prove the matter” than applies in criminal cases.

Many journalists seem to forget that “balance of probability” is a flexible rule, and that the more serious the allegation, the greater the burden of evidence required to prove the matter. This is clearly stated in the FA panel’s 115-page report on the Suarez case (see paragraphs 76-80). Paragraph 80 states: “The FA accepts that the Charge against Mr Suarez is serious, as do we. It is for this reason that we have reminded ourselves that a greater burden of evidence is required to prove the Charge against Mr Suarez.”

Martin Samuel’s piece, above (on the Terry case), perhaps confuses the issue over “proof” and “standards” (depending on how you interpret his wording). “Balance of probability” doesn’t, in itself, imply “less exacting standards”. It implies a lower burden of evidence, which is not the same thing – it doesn’t mean a licence to be sloppy. In fact, on the Suarez case, the media seemed convinced that the “balance of probability” rule had been applied to the most exacting standards. (Close scrutiny of the FA panel’s report reveals that this wasn’t the case. The FA’s own prescription for stronger evidence – in accord with the seriousness of the allegations – seems to have been “forgotten” by the FA’s panel, and completely overlooked by the media. No direct evidence/witness testimony was submitted in the Suarez case. And so the ironies pile up…).

Please also see: the original piece I wrote exposing media falsehoods on the Suarez case: Media on Racism: Part 1 – Churnalism (this article “went viral” on social media, and has been read by several hundred thousand people to date).