Law


24
Jan 12

Attacking journalists in the original banana republic

Attacking journalists in the original banana republic

President Rafael Correa

When press freedom is deteriorating in a country, there’s often one unmistakable sign of that downward slide: the use by the government of criminal defamation laws.

There have been well-aired concerns about the attempts by the Hungarian and South African governments to curtail news media. Less attention has been devoted to the steadily worsening situation in Ecuador, the country which gave the world the phrase “banana republic”. They grow a lot of bananas, do not always change governments by election and now the news media are under attack.

Coups have removed and installed presidents regularly and in 2010 there was a what Ecuador’s president Rafael Correa called an attempted coup. Correa, a politician with a sense of drama, complained that he had been held prisoner in a hospital by striking policemen and had been rescued amid rioting and fighting by the army. The exact truth of the events remains disputed.

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16
Jan 12

A Leveson question for Paul Dacre

There are many things the Editor-in-Chief of the Daily Mail Paul Dacre no doubt wants to say to the Leveson Inquiry when he appears before it on February 6th and plenty of questions lined up by the Inquiry’s lawyers. I have a small suggestion.

The elusive and much-disputed idea of the “public interest” will play an important part in Leveson’s deliberations. Public interest defences – such as exceptional justifications for intrusion, for example – are written into the Press Complaints Commission’s code of conduct and into several laws. Back in the middle of last year, public interest was an important issue in one of the cases which triggered several public rows and court cases over privacy injunctions.

One of these cases involved Sir Fred Goodwin, the disgraced ex-head of the Royal Bank of Scotland. While in charge of the bank, Goodwin had had an affair with a female colleague. Injunctions were granted to prevent the disclosure of the names of either party. Despite the injunction, Goodwin’s name was freely bandied about on Twitter and he was named in the House of Commons by an MP. A judge, Mr Justice Tugendhat, eventually cancelled the order concealing Goodwin’s identity but kept in place the one preventing the naming of his lover.

The Daily Mail did not approve of the judge’s decision, running as many details (“the mistress on a six-figure salary”) about the woman as it thought it could get away with. Or so it appeared. A number of different court hearings were held on this case and this is the judgement covering what the Mail had said. It repays careful reading.

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5
Jan 12

The perplexing paradoxes of popular journalism

The first phase of the Leveson inquiry in the British press isn’t quite finished yet, but the inquiry is entering new territory. Or at least there’s a change of mood.

The opening weeks were dominated by complaints and horror stories about red-top reporters. Straws passing on the wind tell me that this indignation is now being replaced by more sober reflection about the issues which face big-circulation papers.

The perplexing paradoxes of popular journalism

Daily Mail February 1997

Here are the straws I’ve counted recently. Lord Leveson himself has from the start been keen to underline that he is not embarking on any project to “beat down” popular papers. He has also been asking each of his celebrity witnesses what they would do about the faults of which they complain and has more than once sounded a little irritated by the vagueness of the prescriptions he is offered. When editors take the stand at Leveson this month, we will be reminded that popular journalism can reveal important truths and explain complex events in ways that papers with bigger reputations and much smaller circulations can’t manage. Jonathan Freedland of The Guardian, at one time a columnist for the Daily Mirror, wrote a defence of the tabloids the other day.

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12
Dec 11

The government media review everyone’s forgotten

Amid the drama of the phone-hacking inquiries, anyone could forget that the British government is undertaking a review of plurality and media ownership. I had forgotten myself. And I’d actually sent the review a contribution.

My memo to the Department of Culture, Media and Sport was based on a post on this blog. But for the record it’s here (scroll down to Brock and click). By far the hardest issue is not “how much should anyone own?” but how to measure media influence in the hands of one company.

Transparent government is a splendid thing. But that hardly makes it exciting.


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1
Dec 11

Leveson: it’s all really about privacy (so start with that)

Below is the text of a piece which I’ve written for the British Journalism Review and it argues a different approach to newspaper regulation than the one taken by most witnesses to the inquiry so far. The BJR’s new edition carries other advice to Lord Leveson from a clutch of other commentators including Tessa Jowell, Steve Hewlett, Geoffrey Bindman and Donald Trelford.

Balanced privacy law might be the least bad outcome

George Brock

I blame the Leveson Inquiry’s terms of reference. These ask the inquiry to recommend “a new more effective policy and regulatory regime which supports the integrity and freedom of the press”. No sooner were these words published than editors, pundits, publishers and media lawyers plunged with joyful relish into the business of elaborating “options” for toughening the powers and operation of the existing regulator, the Press Complaints Commission. The idea that the phrasing of the terms of reference is open ended, and doesn’t necessarily imply even the continuation of any self-regulatory or independent regulation, seemed not to occur to anyone at the seminars which Leveson organised as the overture to the formal hearings.

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22
Nov 11

South Africa: the future ain’t what it used to be

There are very few spectacle sadder than watching a political movement which has worked for freedom become corrupted to the point where that same movement starts closing freedom down.

Today the South African parliament, dominated by the ANC, passed by a large majority a media law which will restrict and constrain independent journalism in that country. Indeed, the law seems designed to squeeze, chill or eliminate independent reporting. The state is going to be accountable to the state.

A few years ago, I sat at a table at a conference in Cape Town with Jacob Zuma, the lunchtime speaker. At the time he was widely tipped to become president and duly did. Zuma’s speech was platitudinous and he avoided almost all the questions on the media. At the time he was taking the truly unusual step of suing a cartoonist. But despite the discretion of his words, Zuma’s loathing of the media was plain to see: his body language and flinty stare conveyed eloquent disgust for the privileges and airs of journalists. I assume that he is savouring his revenge.

There are no doubt problems in the conduct of South Africa’s media. Given what we’re hearing at the Leveson inquiry into phone-hacking, it’s hardly the moment to be throwing stones from London. But – briefly to state the obvious – the answer to misconduct or excess by reporters and editors is not licensing and control by the state. This is not an exotic, “colonial” or particularly new idea and it is well expressed by many prominent South Africans of all stripes.

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3
Nov 11

Media regulation: a new idea (and some older ones)

Almost every week in London this autumn there has been panel discussion, a lecture or a seminar on one aspect or another of regulating the media. Regulation fatigue is starting to set in.

Several dozen regulators, analysts and academics tried looking for a new ideas on regulation at City University this week. They heard a few, not least from the Irish and Australian media regulators who came to compare and contrast their own systems of self-regulation.

But the discussion never quite escaped the battles of the past. The issue of how a self-regulatory system guarantees that it covers all the major players was dramatised by the appearance of the editorial director of Northern & Shell, owners of the Daily and Sunday Express, which withdrew from the Press Complaints Commission earlier this year. One disgruntled commentator was led to wonder if the Leveson Inquiry was really worth holding if the informal debate on regulation would soon produce changes sooner.

The audience was offered one entirely new idea in the form of a book outlining a 3-tier system for the regulation of all news media by Lara Fielden, who has been both a broadcast journalist and a regulator. At first sight, Fielden’s scheme looks too complex and hard for consumers of news to grasp or use. But Fielden’s research and reflection has two great strengths: it relies heavily on incentives to voluntary submission to rules to improve journalism’s quality and it tackles the pivotal issue of producing a convergent regulatory scheme for converging media.


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15
Oct 11

Leveson and media regulation: the Dacre surprise

In the wake of the phone-hacking scandal in Britain, a judge-led inquiry is now sitting to look at a series of questions about media regulation, some of them related to hacking and some not. To allow the media industry an early opportunity to vent its feelings about the inquiry, Lord Justice Leveson organised three seminars as an overture to the inquiry’s evidence sessions.

Because the seminars were principally about letting off steam, the speakers with the strongest feelings and language naturally made the headlines. But the third seminar witnessed a retreat which has moved the goalposts.

The long-serving editor of the Daily Mail, Paul Dacre, railed against the inquiry, which he sees as no more than revenge by MPs for the exposure of the expenses scams. So far so predictable. Then, in his closing words, Dacre effectively conceded that the existing system of self-regulation was not good enough and might have to be strengthened. Quite considerably strengthened, as it turned out. Dacre’s performance was the rhetorical equivalent of an army which fires at great deal of ammunition at its enemy, creating noise and smoke. Only when the smoke clears for a moment does it become clear that the forces making all the noise have actually retreated.

Dacre announced that the Mail would be carrying a corrections column on its second page as of next week. He said that the Press Complaints Commission’s “code committee” (i.e. the rule-writers) should have lay members and not be composed solely of editors. He even suggested that this committee might take part in public consultations. He floated the idea that newspapers might need to appoint an “ombudsman” (perhaps a retired judge advised by a couple of retired editors) to inquire into “potential press scandals”. This figure should have the power to summon witnesses and to name the guilty. It might levy fines and on the “polluter pays” principle, the newspapers should carry the costs of such inquiries. Dacre implied that this newly-empowered ombudsman would exist alongside the PCC, but their exact relationship was left vague. (Complete Leveson inquiry video and transcripts here).

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