On the one hand, the News of the World is a scumbag newspaper full of scumbag stories, owned by a scumbag, written by scumbags and read by scumbags. Their respect for privacy is a national disgrace, and watching media types bemoaning their apparent new-found inability to pry into people’s lives this morning has been pathetic.

It was pretty clear that the Nazi angle of the story was exaggerated somewhat by the News of the World, even if it was perhaps not totally unfounded. Thinking back to the original story, around half of it or maybe even more reflected on his family background rather than his wrongdoings in the bedroom department. The attempt to connect Max Mosley to fascism on the flimsiest of grounds, on the basis of who his parents were, was disgusting. Max Mosley did not choose his parents.

Even so, in my view there has been no satisfactory explanation for the overtones that allowed the Nazi conclusions to be drawn. The recordings include German speaking. This was explained as being down to the fact that one of the prostitutes was German. However, what has not been explained is why they were speaking English in a German accent. Phrases such as “I sink she needs more of ze punishment” (uttered by Mosley himself) and “We are the Aryan race!” do not strike me as being part of just another S&M orgy.

Max Mosley apparently had a sudden hearing loss during the phase of the conversation. Mr Justice Eady concedes that this sounds like a rather tall story, but says that it doesn’t matter because it was “clear… that the remark was unscripted”. He seems to think it was as though they were discussing whether an episode of EastEnders had Nazi overtones.

I also find it incredible that the judge has decided there was no public interest in the story. Oh really? The Crown Prince of Bahrain, Sheikh Salman Bin Hamad Al-Khalifa, was interested. King Juan Carlos of Spain was interested. Prince Albert of Monaco was interested. Galeb Majadle, Israel’s minister for sport was interested. BMW, Mercedes, Honda and Toyota were all interested. Bernie Ecclestone was interested.

The fact is, no matter how disgusting I think it is that the News of the World should invade people’s private lives, once the world had the knowledge that he indulges in that kind of behaviour it affected his ability to do his job. That in itself surely demonstrates sufficient public interest in any sense that would be meaningful to anybody not sitting in an ivory tower.

There were a lot of people who scratched their heads about the huge £100 million fine handed down to McLaren by Max Mosley last year. I think a lot of people have a feeling that they now know it is because Max Mosley gets a sexual thrill out of inflicting a harsh punishment. The next time the FIA has to hand down a punishment to someone, it will be an open goal for easy jibes. This puts Formula 1 and the FIA itself into disrepute. It ability to govern the sport properly has been diminished.

It would be bad enough if Max Mosley was just the “boss of Formula 1″ or the “head of motor sport” as the media constantly referred to him as. This probably made the public at large a lot more sympathetic towards Max Mosley than they otherwise would have been. The fact is that the FIA has a huge responsibility not just for sport but for the motor industry as a whole.

The FIA has a huge amount of weight and influence when it comes to aspects like road safety and green technologies. The FIA works together with the United Nations and the European Union among other organisations to make things happen. The FIA was pivotal in the formation of Euro NCAP, the European car safety assessment organisation.

Max Mosley is so much more than just an F1 man or motorsport president. He is responsible for cars full stop. This gives him a huge amount of power — probably more than most British politicians can dream to have.

I think the public saw this as quite a jokey story. Yet if we were talking about a cabinet minister or the CEO of a multinational company he would never have lasted this long. It might well have been a different story if the public realised just how much power Max Mosley has.

Do we really want someone who gets his sexual kicks out of inflicting pain to have so much responsibility over road safety? Do we want someone whose judgement is so questionable that he would regularly cheat on his wife and lie to his family to have such responsibilities?

As I have said countless times, Max Mosley should have done the honourable thing and resigned months ago. But we know from years of experience that Mosley is not an honourable man. Had he resigned, I would have fully supported him in his court case today.

However, his behaviour since the revelations have demonstrated that he does lack judgement and that he does have too much power. The FIA General Assembly vote simply demonstrated that it is a rotten borough, and the FIA is filled to the brim with Max Mosley lackeys.

Ideally, Max Mosley would have resigned and News Group Newspapers would have lost its court case. As it is, Max Mosley will go to bed tonight feeling vindicated. And that makes me angry.

Bernie Ecclestone must have been spitting feathers. I know I would have been (hell, I was anyway). Furthermore, the whole saga just went to show that Max Mosley does not care about the interests of Formula 1 in general. He is only interested in throwing his weight around and helping out Ferrari.

Now they are engaged in a public war of words through the medium of the letter. After Max Mosley’s stunt last week of sending a letter to the FIA club presidents in a last-ditch bid to save his bacon, Bernie Ecclestone yesterday returned the favour to try and dispel Mosley’s claims.

By now it is pretty clear that Max Mosley’s decision to hold a General Assembly in June was a ploy to buy himself some time. He will be hoping that a combination of the time spent to let the scandal die down a bit and his new conspiracy theories will be enough for him to see off a confidence vote in just over a week’s time.

But Max Mosley is surely mistaken if he thinks his letter will help put him in the clear. Keith Collantine has already cast his eye over the letter, and I have to agree with the points he has made.

Mosley claims that he has received 62 letters of support, and only 13 asking him to resign. But this total represents a small proportion of the 222 votes that are eligible to be cast in the confidence vote. And, as Keith has pointed out, those who want Mosley to stay are more likely to write to him and say so. Mosley’s attempt to demonstrate that he has widespread support falls flat.

He then goes on to suggest that allowing the next FIA President to be chosen democratically would be detrimental to the interests of the FIA. Beautiful. I would have thought that the FIA clubs would find that quite insulting.

In the letter he goes on to bring up some spurious allegations about negotiations between the FIA and the Formula One Commercial Rights Holder (CRH) (who is, to all intents and purposes, Bernie Ecclestone). Mosley reveals that the 100 Year Agreement between the FIA and the CRH is currently under renegotiation. Quite how Max Mosley has got himself into a situation where he needs to renegotiate a “100 Year Agreement” which was supposedly settled back in 2001 is glossed over in the letter.

Mosley alleges that the CRH is angling, “in effect to take over Formula One completely”. This includes giving the CRH the right to determine regulations.

However, as has been pointed out today by Pitpass, such an arrangement would not be allowed by the European Commission anyway. And this fact is the very reason why the FIA and the CRH are separate. Max Mosley seems to be suggesting that Bernie Ecclestone intends not only to ignore the EC’s demands and take over F1, but also that Bernie thinks he will get away with it. Bernie isn’t that stupid. The allegation simply doesn’t add up.

In the next sentence Max Mosley asserts that such an arrangements would be detrimental to the FIA’s ability to protect “traditional Grands Prix”. For one thing, this is clearly an attempt to gain votes from some countries whose Grands Prix are currently under threat. I do wonder exactly what powers the FIA has to protect “traditional Grands Prix”.

If such a power exists, the FIA is surely not doing a very good job of it. Last year the calendar did not contain the German Grand Prix and it will be doing the hokey-cokey with the Nürburgring-based grand prix (whatever it gets called in the end) for the foreseeable future. The Belgian Grand Prix, held at the hugely popular historic Spa-Francorchamps, has been only a semi-permanent fixture in the calendar since the start of this century.

The fact also that the French and British (and now Australian) Grands Prix are constantly operating underneath the Sword of Damocles suggests that this ability to “protect traditional Grands Prix” is a very empty concept.

Sure enough, what exactly constitutes a “traditional Grand Prix” is not defined, and seems to be just a hazy concept present only somewhere in the darkest recesses of Max Mosley’s head. It is a meaningless fig-leaf.

Mosley goes on to point out that “there has been a struggle for control of Formula One that goes back to the original Concorde Agreement in 1981.” Pointing this out is presumably supposed to scare the voters into selecting the status quo option. But this seems like a very odd tactic to me.

Max Mosley has been in charge of the sport for the majority of that period — since 1991. The fact that Max Mosley himself admits that he has been unable to put a lid on this “struggle for control” says it all. Why should the voters be persuaded to keep someone in on the basis that they can see off this “struggle for control” when that person has evidently failed to do so for the past 17 years?

He then undermines these arguments by promising that he will step down in 2009 anyway! What a joke. Max Mosley’s letter seems to be a last-ditch, desperate attempt to save his reputation. The notion that Bernie Ecclestone was somehow involved in the News of the World allegations looks paranoid (especially when there is a rather simpler explanation — News International getting its own back).

The fact is that Max Mosley himself knows that his position is untenable. This is evident from the fact that — despite beating his chest about the fact that he is attending the Monaco Grand Prix — he is spending the entire weekend locked up in his private offices and, on his rare traipses outdoors, refuses to answer any questions from the media. This whole thing stinks of someone who can’t bear to go down without bringing others with him — hence his cack-handed attempt to bring Bernie Ecclestone into the centre of this whole sorry saga.

Yesterday Bernie Ecclestone responded with a letter of his own. In it, Ecclestone asserts his support for the FIA being the “sole body governing international motor sport” and confirms that the CRH “supports and concurs” with the European Commission’s requirements to keep the commercial and regulatory branches of F1 separate. He confirms that the CRH has no interest in controlling regulations, while pointing out that the FIA’s decisions should not be detrimental to the commercial interests of F1.

In fact, there is not anything very controversial in the letter at all — which you would expect, since Bernie Ecclestone had to defend himself. But it does add to the amount of arrows that seem to point to the fact that Max Mosley is not quite telling the whole truth in his letter of last week.

What is interesting about the letter is the constant emphasis on how it is in the interests of F1 for the FIA to be led by a “respected” President. And Max Mosley is anything but respected nowadays.

The sum of these two letters has been pointed out by Clive at F1 Insight: “Max either admits to lying or has to call Bernie a liar.”

Meanwhile, there are suggestions that the Thursday press conference at the Monaco Grand Prix was rigged. The panel was stuffed full of Max Mosley’s cronies, friends and allies. There are suggestions, too, that conference moderator Bob Constanduros was pressured into asking a question about Max Mosley. Funny how all this should happen at the last grand prix before the General Assembly.

Over the course of the Monaco Grand Prix weekend, it is becoming clear that Bernie Ecclestone has completely withdrawn any support he had left for Max Mosley. First he pointed out that Mosley’s letter was just “a smokescreen to stop all the other nonsense”.

In the Telegraph he was even stronger:

Everybody’s wrong except him. Everybody was involved in the orgy except him. He is just lashing out at anything he can. If he wants me to be the enemy he should be very careful because if he makes me an enemy I could make sure that he never whips anybody again.

I’m not sure about the bravado at the end there, but Bernie is absolutely right about Max Mosley here. Throughout this whole saga, Max Mosley has been trying to build conspiracies, shift the blame, and try to make out that it’s the News of the World that has brought the sport into disrepute. But no-one forced Max Mosley to whip prostitutes in a basement. Say what you want about the privacy issue (and I certainly have my opinions there), but once the facts are in the open there is nothing you can do about it. And it is no-one’s fault but Max Mosley’s.

But today that injunction was refused and the newspapers has hit back with a double-whammy. In addition to republishing the original video, the newspaper has uploaded two audio clips that depict Max Mosley speaking English in a mock German accent. One of these is the already infamous quote, “Zey need more of ze punishment I sink.”

The purpose behind publishing the new audio clips is to counter Max Mosley’s claims that the only reason he spoke German during the session was because some of the prostitutes themselves were German. This is at the heart of Mosley’s attempts to disprove claims that the session had a Nazi theme. But it does not explain why Mosley would be speaking English in a fake German accent.

It is very interesting that, as Pitpass noted last week, Max Mosley is not suing the News of the World for libel. You would think that if the allegations were false then Mosley would have little difficulty in winning a case against a newspaper which has put forward such over-the-top and cartoon-like allegations. This would particularly be the case in the UK which has famously strict libel laws. The fact that he is not suing for libel makes Mosley’s denials seem pretty empty.

Max Mosley appears mostly to be concerned about the invasion of privacy which the FIA has described as “apparently illegal”. It is worth remembering that less than a year ago such apparent illegalities were of no concern to Max Mosley as long as it assisted him in his personal vendetta against Ron Dennis.

As Grandprix.com reminds us, the World Motor Sport Council met in September to discuss a list of text messages and phone calls between Mike Coughlan and Nigel Stepney. The validity of the evidence was brought into question. Here was Mosley’s response:

The World Council’s only concern is whether that list is accurate and truthful. We are not concerned with whether there are issues over how that is obtained. Unless there is evidence that it is forged or inaccurate, we will take it on its face value. We do not enter a debate about Italian law; we have neither the time nor the skills for that.

Funny how he sings a different tune today. Max Mosley’s defence appears to be crumbling.

Today’s events, however, represent a real legal stumbling block for Max Mosley. The injunction was refused on the basis that the video is already in the public domain and you cannot reasonably expect to remove it from the public domain. This is the same argument that has been used by those who are arguing for Max Mosley to resign. It is a good point.

However, as Craigblog points out, it is nevertheless surprising that this ruling went against Max Mosley. Had the injunction been granted, it would have sent out a strong message to everyone about the use of this video.

Now, media outlets have effectively been given absolute free reign to use it. As we have seen, the News of the World has now taken the opportunity to upload new clips. And at lunchtime today I was amazed to hear the original video clip being played in full on BBC Radio 5 Live. If the video was in the public domain in the first place, today it is in the public domain deluxe.

Meanwhile, it has been announced today that the FIA General Assembly will now meet on 3rd June. This will include a confidence vote which will be held as a secret ballot. I would be amazed if Max Mosley were to win the vote. Meanwhile, the FIA will be lumbered with a lame duck President for almost two more months.

Firstly, this one from Planet-F1. The site is not one of my regular visits, but this article caught my attention. And this paragraph in particular is interesting.

So far we have seen no denial from Max Mosley that he likes to spend his time with highly-paid dominatrix, giving out and receiving punishment and acting out bizarre role play. However since the story was revealed in the British Sunday newspaper, the photos of “spanking Max” that adorned the item on the website have disappeared.

The story remains, though, which would seem to indicate that although the photos were an invasion of Max’s privacy – they couldn’t get him to sign a model release form – the facts are not in dispute.

I am not a legal expert by any means, but this seems very interesting to me. If the photographs have been taken down, then Max Mosley’s lawyers have surely been in contact. Also note that the video has been removed from both the News of the World website and YouTube (though, as we all know, you can’t keep these things quiet on the internet these days).

So it looks as though Max Mosley has successfully had the images and video removed from the News of the World website on the grounds of invasion of privacy. But he has not succeeded in removing the actual allegations. Like I say, I could be off the mark on this. But a lot of people are noting that Max Mosley has not yet come out with a denial.

Now, on to my second point. Yesterday I, and other bloggers (e.g. F1Fanatic, BlogF1, F1Wolf), mentioned the fact that the mainstream F1 websites had ignored the story.

Now all of the websites I singled out in yesterdays post have mentioned the scandal in some form or another. Presumably the editors of the websites each woke up on Monday morning and realised how ridiculous it was that they did not even mention this story that potentially has huge implications for Formula 1.

The excuses some of the websites have come up with are pretty weak. Here is what Grandprix.com had to say for itself:

We would not normally cover such stories, but this one may have a significant effect on the FIA, and the world of motorsport and we feel that it should be noted.

Yeah, about 24 hours after everyone else noted it!

Then there is Pitpass’s excuse:

Pitpass would like to make it clear that it doesn’t do private lives, not unless a story has serious implications on the sport.

Fair enough on the first part of the sentence, but the second part then goes and undermines it. Of course this story has serious implications on the sport, even if the allegations turn out to be false in the end. It is not as if we are talking about a flag marshal being caught kerb-crawling. This is an allegation about the President of Formula 1′s governing body taking part in acts that make light of and fantasise about victims of Nazi death camps.

This is not a mere sex scandal. If it was, I doubt many people would care very much. It is the clear fascist overtones of the allegations that bring this to the public’s attention. You don’t have to be a rabid hater of Max Mosley to realise that this immediately brings the governance of the sport into question. People are rightly asking how someone who fantasises about fascism can be trusted to lead, say, a scheme such as Racing Against Racism.

As I said in the post I wrote yesterday, I do not think that newspapers should sniff around in people’s private lives, even if I don’t like the people in question. I also said that what happens between consenting adults is not the business of anyone else. Furthermore, I pointed out the dubious reputation of the News of the World and the vested interest that News International has in undermining Max Mosley.

But I recognised the potential importance of the story for the future of the governance of Formula 1. I realised that these allegations undermine the authority of Max Mosley unless it can be determined that they are false. I saw that people will question if someone who has Nazi fantasies is fit to be the President of an organisation such as the FIA.

So why couldn’t Pitpass, Autosport, Grandprix.com et al. say that? They just had to say that allegations surround the President of the FIA. They can tiptoe around the finer details if they want. But they cannot ignore it. This is a big Formula 1 news story — there can be no question about that.

My guess is that on Sunday the websites were too scared to upset the powers that be in F1. But you can’t keep these things quiet. The editors of the websites in question woke up on Monday to find that the entire world was talking about the Max Mosley allegations except the major F1 websites. What a patently absurd situation.

And the media wonders why people are increasingly turning to blogs.

Like many F1 fans I am no fan of Mosley. Many have pointed out that there will be a fair few people — Jackie Stewart, Ron Dennis, Damon Hill, Martin Brundle — who must have been chuckling to themselves as they read the story. I chuckled as well. I would dearly love to see Max Mosley leave the FIA Presidency for any reason, and this looks like a pretty good opportunity.

Then again, what Max Mosley does in his private life should remain private. He is entitled to have whatever sex life he wants among consenting adults. I am not a fan of the News of the World brand of journalism which mainly involves secretly prowling around people’s bedrooms, where journalists really shouldn’t be.

Nevertheless, the “Nazi” connotations really take these allegations over the top. My impression is that the Nazi element of the story has probably been exaggerated by the News of the World. We all know how the whiff of Hitler sells papers. And Max Mosley’s connections with fascism are well-known and have not been hidden. He is the son of Oswald Mosley, Britain’s most infamous fascist. It is not too hard to imagine someone in the towers of News International concocting this story. The allegations are almost cartoon-like in their extremity.

It is useful to point out here that Max Mosley is apparently engaged in legal action with another News International newspaper, The Sunday Times, over an article written by Martin Brundle. So News International has an interest in undermining Mosley.

Nevertheless, there is seemingly damning video evidence. The footage is blurry and at no point do you get a truly clear view of “Max Mosley’s” face. The stills on the News of the World website are more convincing. But it wouldn’t be the first time a tabloid newspaper has faked such a video.

Nonetheless, the allegations in themselves are damaging to Mosley’s credibility. While everyone has the right to a private sex life, making light of Nazism and concentration camp victims in this way is rather different. A lot of people will be ready to make a connection with Mosley’s autocratic approach to ruling F1. Then there is the suggestion that the FIA is increasingly filled with Mosley lackeys and yes-men suppressing debate.

What is interesting is the fact that so few news outlets are covering this story. As F1Fanatic points out, the fact that so few dedicated Formula 1 websites are even mentioning this story is telling in itself. There has been not a peep on this massive F1 story from any of the biggest F1 websites. Look on Autosport, Pitpass, Grandprix.com, Planet-F1, ITV-F1, Crash.net — you’ll draw a blank.

This is becoming an all-too familiar reality. Remember last year when the FIA failed to properly censor sensitive documents? Not a peep from any of those websites either.

Mosley effectively controls the F1 media, even “independent” websites such as Pitpass. This is yet another reason why the F1 blogs and podcasts are becoming more important than the mainstream media. We do not need to bend over backwards to please the powers-that-be to get accreditation or even avoid an ear bashing.

The media should be able to stand up to Max Mosley’s bullying attitude. The fact that they don’t even appear to attempt to counter it any more makes me despair. The sooner Mosley is gone, the better. And if it takes a sex scandal to do it, then so be it.

The Sun has taken the opportunity to drive traffic to its website by buying Google Ads on Formula 1 websites — including this one. As I pointed out in the comments yesterday, the language used is rather inflammatory:

Lewis Hamilton in racism storm. Spanish yobs vile attack on F1 ace

Granted, subtlety has never been a strong suit of The Sun, being as it is a bastion of demagoguery. Read the article itself and things don’t get much better. There are some rather thinly-veiled racist comments in here as well including:

Spanish fans — notorious for racism at football matches…

Not a word of course about English football fans who have been notorious for their hooliganism, as peterg pointed out in the comments.

Too many people have been trying to make it out as though Spain in particular has a problem with racism. One person commenting on The Sun’s website called the racism incident “Typical Spanish attitude” without a hint of irony.

As Pink Peril said in the comments yesterday, wherever you go, sooner or later racism will rear its ugly head. The only reason this has become a “Spanish” problem is because Hamilton happens to have a rivalry with someone who happens to be Spanish.

If Hamilton had had a rivalry with a driver of a different nationality, he would still be at the receiving end of racist taunts. And even if a British driver had a rivalry with a non-British black driver, British racists would soon enough be out in force.

Besides, the last place anyone should go to learn about issues surrounding race is The Sun. This is the paper that once ran a spoof Mr Men strip featuring such culturally-sensitive characters as “Mr Asylum Seeker” who wants everything for free, “Mr Albanian Gangster” who invites people to visit his friends’ sisters and “Mr Yardie”, a gun-wielding, joint-smoking Rastafarian.

When did The Sun run this insightful story? The 1970s? The 1980s? No, it was 2003.

We all know that the only reason The Sun is even paying attention to this story is because Lewis Hamilton is British. They wouldn’t give two hoots if the racism was directed at somebody else.

And this is the thing. The Sun’s nationalism is a symptom of the same problem that the racists in the Barcelona grandstands have. The media here bases its entire Formula 1 coverage on the notion that you should support Lewis Hamilton because he is British and vilify Fernando Alonso because he isn’t British.

The Sun says you should support drivers on the basis of where they come from. Racists taunt drivers on the basis of where they come from. They are both the same thing.

Meanwhile, The Sun’s sister paper, The Times, has written a story today blasting, “Spanish media chose to overlook latest incident” (via F1Fanatic). This is despite the fact that we probably wouldn’t even be aware of many of the incidents were it not for the reporting of Spanish newspapers such as Marca. In addition, El País, El Mundo and ABC have all reported on the issue (via Samuel at F1Fanatic).

The distorted perspectives from gutter newspapers like The Sun and The Times will do nothing to prevent racism. In fact, I am convinced that these newspapers are using the opportunity to tap into the racist attitudes of their readers by making yet more anti-Spanish comments and telling yet more lies about the situation.

Update: Arthur’s Seat interestingly thinks that Cameron’s fakey-cakey liberal-lite pronouncements have made it more likely for people to vote Lib Dem rather than the Conservatives. Jamie K reckons the voters were all smelly Labour types though… (Here’s a clue: they were actually Lib Dem voters.)