As a former barrister who practised in capacity law and as someone really interested in the representation of women in pop culture, #framingbritney was superb.

However, there is a complex aspect to capacity law that they struggled to deal with: double standards. 1/

First, the doc showed that while in conservatorship (wardship in Ireland) for 13yrs, Britney has also been working. So the doc questioned, how could she lack capacity to govern her own life if she is able to execute difficult tasks? This is a serious, legitimate question. 2/

Second, the doc discussed what kind of artist Britney was prior to conservatorship: they had evidence of how she was in control of her work and team. It was a way to question the current situation. 3/

However, what the documentary didn’t look at in detail was when Britney released her debut album, “...Baby One More Time” in January 1999. At that time Britney had just turned 17. She was 15 when she signed with Jive Records. 4/

In contract law, minors have no capacity to contract (AFAIK this is under 18 in most US States). Most likely her parents had to sign that contract on her behalf. By law, then, she lacked capacity to make serious decisions that had legal consequences. 5/

During the period that Britney recorded her debut album she was aged 15 & 16. The songs on that album, as is well documented, contained highly suggestible, problematic lyrics: 6/

(i) “...Baby One More Time” has the chorus line “Hit me baby one more time”. Jive execs were concerned that it would condone domestic violence so they inserted the ellipsis into the song’s title. (John Seabrook’s book The Song Machine - https://tinyurl.com/122sf3sc ) 7/

(ii) “Born To Make You Happy” describes subjugation and exploitation.

(iii) "Sometimes" is about an abusive relationship:

“Sometimes I run
Sometimes I hide
Sometimes I'm scared of you
But all I really want is to hold you tight
Treat you right, be with you day and night”

8/

(iv) The final song was a cover of “The Beat Goes On”, written by notoriously controlling husband, Sonny Bono.

Even though Britney did not, by law, have the capacity to enter into a contract, she released an album which is saturated in the abuse of women by men. 9/

There was clearly a problem with the message in the songs combined with how she was presented, but the Jive execs took control of the narrative and justified this by saying they were HER decisions, i.e. that she had capacity to make those decisions about how she looked. 10/

In the article about Seabrook’s book, check out the creepy way the Jive execs described her audition (at age 15), as if she was a Lolita:

‘Spears, wearing a mid-thigh sundress...'

"It was old-school church meets modern-day sex." 11/

Then check out how they claim that the video for ‘...One More Time’ was her idea:

‘Lunt showed her Robyn's music videos... "If it were me I'd be wearing a miniskirt and I'd be dancing," Spears said.’

Spears remarked. "Let's tie up our shirts and be cute." 12/

Britney's debut used her sexuality to sell a message of abuse. Her team - family, manager, label execs etc - didn't protect her and said it was her decision. In doing so, they allowed her to shoulder the entire responsibility for being so irresponsible. 13/

Here’s where the capacity double standard kicks in: when they find they no longer have control over the adult woman, THEN they say, well NOW she has no capacity to make decisions. 14/

And because society had internalised that she was irresponsible, it becomes really difficult for her to convince the court that she is a responsible person. 15/

These capacity/competency double standards are most frequently applied to women’s reproductive rights: sure, you have the competency to look sexy and to have sex, but no way do you have the competency to make a decision about abortion. 16/

Double standards like this abound in the legal system of assessing capacity/competency. Being the subject of competency proceedings is a legal maze; it can be like walking into a hall of mirrors; a living nightmare. #freebritney