A couple of months ago we had the ridiculous situation of a local council hauling up one of their councillors in front of a displinary hearing for posting videos of the council meeting on YouTube.
(i) had failed to treat his fellow councillors with respect, by posting the clips without the prior knowledge or express permission of Councillor Theobald or Councillor Mears; and
(ii) had abused council facilities by infringing the copyright in the webcast images
and in doing so had breached the Members Code of Conduct.
Astonishingly, the standards committee found against Kitcat and ruled he should be suspended for up to six months if he does not write an apology to Cllr Theobald and submit to re-training on the roles and responsibilities of being a councillor, and it is only the fact that he is appealing to the First-Tier Tribunal (which apparently the council has decided to fight using hire outside counsel) that has allowed him to continue.
It’s worth reading the investigator’s report (PDF, of course) in full for a fairly good example of just how petty and ridiculous these issues become, particularly when the investigator writes things such as:
I consider that Cllr Kitcat did use the council’s IT facilities improperly for political purposes. Most of the clips are about communal bins, a politically contentious issue at the time. The clips are about Cllr Kitcat holding the administration politically to account for the way the bins were introduced, and were intended to highlight what the he believed were the administration’s deficiencies in that regard, based on feedback from certain residents.
Most tellingly, clip no. 5 shows the Cabinet Member responsible for communal bins in an unflattering and politically unfavourable light, and it is hard to avoid the conclusion that this highly abridged clip was selected and posted for political gain.
The using IT facilities, refers, by the way, not to using the council’s own computers to upload or edit the videos (it seems agreed by all that he used his own computer for this), but the fact that the webcasts were made and published on the web using the council’s equipment (or at least those of its supplier, Public-i). Presumably it he’d taken an extract from the minutes of a meeting published on the council’s website that would also have been using the council’s IT resources.
However, let’s step back a bit. This, ultimately, is not about councillors not understanding the web, failing to get get new technology and the ways it can open up debate. This is not even about the somewhat restrictive webcasting system which apparently only has the past six month’s meetings and is somewhat unpleasant to use (particularly if you use a Mac, or Linux — see a debate of the issues here).
This is about councillors failing to understand democracy, about the ability to taking the same material and making up your own mind, and critically trying to persuade others of that view.
In fact the investigator’s statement above, taking “a politically contentious issue at the time… holding the administration politically to account for the way the bins were introduced… to highlight what the he believed were the administration’s deficiencies in that regard” is surely a pretty good benchmark for a democracy.
So here’s simple suggestion for those drawing up the local government legislation at the moment, no let’s make that a demand, since that’s what it should be in a democracy (not a subservient request to your ‘betters’):
Give the public the right to record any council meeting using any device using Flip cams, tape recorders, frankly any darned thing they like as long as it doesn’t disrupt the meeting.
Not only would this open up council meetings and their obscure committees to wider scrutiny, it would also be a boost to hyperlocal sites that are beginning to take the place of the local media.
And if councils want to go to the expense of webcasting their meetings, then require them to make the webcasts available to download under an open licence. That way people can share them, convert them into open formats that don’t require proprietary software, subtititle them, and yes, even post them on YouTube.
I can already hear local politicians saying it will reduce the quality of political discourse, that people may use it in ways they don’t like and can’t control.
Does this seem familiar? It should. It’s the same arguments being given against publishing raw data. The public won’t understand. There may be different interpretations. How will people use it?
Well, folks that’s the point of a democracy. And that’s the point of a data democracy. We can use it in any way we damn well please. The public record is not there to make incumbent councillors or senior staff memebers look good. It’s there to allow the to be held to account. And to allow people to make up their own minds. Stop that, and you’re stopping democracy.
Links: For more posts relating to this case, see also Jason Kitcat’s own blog posts, Brighton Argus post, and posts form Mark Pack at Liberal Democrat voice, Jim Killock, Conservative Home, and even a tweet from Local Government minister Grant Shapps.