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30th
June 2005, The Scotsman
IT probably wasn't the best Monday morning that communities
minister Malcolm Chisholm, has experienced; a wave of media
intrusion following a hoax press release sent out to news outlets
claiming he was "gay and in love".
The spoof press release, which purported to be Chisholm's "coming
out" statement, was posted on the wire service used by
the Scottish Executive to send information to the media. It
was carefully and skilfully done and even contained the Executive
code number for official press releases.
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Chisholm
was supposed to have said: "There was always something
missing from my life. I am aware of much speculation in media
circles, and even amongst my own fellow MSPs regarding my sexuality.
But I would today like to shake off the shackles that have bound
me and announce to the world that I am gay and I'm in love."
Touching stuff indeed - but it wasn't true. Chisholm dismissed
the hoax as "rubbish", and the Executive confirmed
it had called in the police.
The false statement would no doubt have upset Chisholm, but
it is arguable he would not have a civil remedy in defamation
even if the hoaxer could be found. There are many who argue
it is not defamatory to falsely say that someone is gay. What
tends to happen in these cases, however, is that the action
is raised not on the basis that it is defamatory to call someone
gay but rather on the basis that the world at large will consider
the person to be a hypocrite by leading a false life. Given
that Chisholm is married with three children, it is not difficult
to see how an argument about hypocrisy would be successful.
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I
can understand why the Executive would be embarrassed by revelations
that its IT systems were open to abuse. That is simply an issue
of good housekeeping. But why on earth were the police brought
in to investigate? An Executive spokesman made reference to
possible breaches of the Telecommunications Act. I would have
thought the police might have more pressing issues to attend
to this week.
Now don't get me wrong. I can understand that if, for example,
a spoof press release emanating from the Executive announced
to the media an imminent nuclear threat to a Scottish city -
which could result in mass panic - then by all means bring in
the police to find out who the perpetrator was. This, though,
was so obviously a spoof that the media's initial concerns was
that if they published something that was so clearly untrue
they might run the risk of a trip to the libel courts.
No doubt the next time the Executive informs the media of one
of its new brainwaves there will be widespread speculation as
to whether our intrepid hoaxer has struck again.
We could get a press release informing us that the Executive
was going to ban smoking in public places, fox hunting and Buckfast.
Now, who would believe that?
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