January 20, 2022
Source: Hart Group
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January 18, 2022
Chair of the Public Administration & Constitutional Affairs Committee (PACAC)
Dear Mr Wragg,
Re: Ethical concerns arising from the Government’s use of covert psychological ‘nudges’ in their COVID-19 communications strategy
...Ethical questions
Compared to a government’s typical tools of persuasion, the covert psychological strategies (outlined above) differ in both their nature and subconscious mode of action. Consequently, we believe there are three main areas of ethical concern associated with their use: problems with the methods per se; problems with the lack of consent; and problems with the goals to which they are applied.
First, it is highly questionable whether a civilised society should knowingly increase the emotional discomfort of its citizens as a means of gaining their compliance. Government scientists deploying fear, shame and scapegoating to change minds is an ethically dubious practice that in some respects resembles the tactics used by totalitarian regimes such as China, where the state inflicts pain on a subset of its population in an attempt to eliminate beliefs and behaviour they perceive to be deviant.
Another ethical issue associated with these covert psychological techniques relates to their unintended consequences. Shaming and scapegoating have emboldened some people to harass those unable or unwilling to wear a face covering. More disturbingly, the inflated fear levels will have significantly contributed to the many thousands of excess non-COVID deaths (6) that have occurred in people’s homes, the strategically-increased anxieties discouraging many from seeking help for other illnesses. Furthermore, a lot of older people, rendered housebound by fear, may have died prematurely from loneliness (7). Those already suffering with obsessive-compulsive problems about contamination, and patients with severe health anxieties, will have had their anguish exacerbated by the campaign of fear. Even now, when all the vulnerable groups have been offered vaccination, many of our citizens remain tormented by ‘COVID-19 Anxiety Syndrome’ (8), characterised by a disabling combination of fear and maladaptive coping strategies.
Second, a recipient’s consent prior to the delivery of a medical or psychological intervention is a fundamental requirement of a civilised society. Professor David Halpern (the BIT Chief Executive and prominent member of SPI-B) explicitly recognised the significant ethical dilemmas arising from the use of influencing strategies that impact subconsciously on the country’s citizens. The MINDSPACE document (9) – of which Professor Halpern is a co-author – states that, ‘Policymakers wishing to use these tools … need the approval of the public to do so’ (p74). More recently, in Professor Halpern’s book, Inside the Nudge Unit, he is even more emphatic about the importance of consent: ‘If Governments … wish to use behavioural insights, they must seek and maintain the permission of the public. Ultimately, you – the public, the citizen – need to decide what the objectives, and limits, of nudging and empirical testing should be’ (p375).
As far as we are aware, no attempt has yet been made to obtain the public’s permission to use covert psychological strategies.
Third, the perceived legitimacy of using subconscious ‘nudges’ to influence people may also depend upon the behavioural goals that are being pursued. It may be that a higher proportion of the general public would be comfortable with the government resorting to subconscious nudges to reduce violent crime as compared to the purpose of imposing unprecedented and non-evidenced public-health restrictions. Would British citizens have agreed to the furtive deployment of fear, shame and peer pressure as a way of levering compliance with lockdowns, mask mandates and vaccination? Maybe they should be asked before the Government considers any future imposition of these techniques.
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