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GB Reviews / Lectures / Leveson / Media Freedom / Standards / UK Press — 1 Comment
24
Apr 13

This blog is back – swift catchup on the post-Leveson dog’s breakfast

I know that this week’s media debate is going to be all about the pros and cons of real-time news sharing in fast-moving crises like the Boston marathon bombings and subsequent shootouts, but this blog has a little catching up to do. While I have been writing a book, the government, Houses of Lord and Commons and the Hacked Off campaign have managed to make a gigantic dog’s breakfast of the follow-up to the Leveson Inquiry into phone-hacking.

This was pretty much the only subject on which I published during the long winter, so I’ll start by rounding up that stuff. It’s hardly surprising that inventive lawyers intent on intimidation are using Leveson’s recommendations to try to silence newspaper reporting or that the Metropolitan Police, who had a grimly embarrassing time in front of Leveson, are being cautious and unhelpful. What has surprised me is the depth of the legal and political doo-doo into which the government has stepped. In a hurry to get the Leveson Inquiry dealt with before the 2015 election season opens next year, the government tied itself in knots which may take years to unravel. The Royal Charter deal on a new press regulator was a rushed botch.

The largest single dilemma which Leveson plonked in the government’s lap is defining “the press”. Leveson was so heavily preoccupied by the issue of the misuse of power accumulated by the major newspaper groups, that he did not treat this as a central issue. He should have: defining who is to be covered by law or regulation dealing with news publishing is a basic issue in an era when “the press” doesn’t really exist any more. I argue in a TLS review (£) of Leveson and a report from the Columbia Journalism School on “post-industrial journalism” that the Leveson report’s worst flaw was that it was so backward-looking.

Thrashing round trying to define internet sites and blogs which are “news-related” and suchlike won’t work for anyone except lawyers who can spend happy years in court fighting over definitions. In this BBC explainer there is a nice little film by Newsnight’s David Grossman trying to explain the new law as it relates to online publishers. The Department of Culture Media and Sport have produced a colourful new diagram to help publishers work out if they’re covered by the new law. Here’s Patrick Smith of MediaBriefing picking holes.

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11
Jan 13

Flashback to before Leveson reported

This blog is currently taking an enforced holiday which I have not spent eating Christmas pudding but mostly writing a book. More on that another day when I resurface.

For the time being I will simply wish all my readers a happy new year and post this video of a panel discussion held at the Battle of Ideas conference in London not long before the Leveson Inquiry produced its report, which is still being energetically debated. The panellists are Christina Patterson, Ray Snoddy, Mick Hume and me.

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23
Nov 12

Leveson: the third, better way between statute and self-regulation

With Lord Leveson’s inquiry into the British press now due to report on November 29th, Press Gazette has kindly posted a version of an argument I made to the inquiry and wherever else I’ve been able to find an outlet for it since.

If Leveson proposes a new form of independent regulation for the press founded in statute (something which all previous versions of self-regulation have avoided), there will be an almighty fuss. But the proposal is liable to founder not because of the volume of complaint but because of the problems intrinsic to the plan: issues of definition, compulsion and funding.

There’s a better way. Use law as an incentive towards transparency and self-regulation. Strengthen and clarify privacy law, build strong and consistent public interest defences into laws which impact journalism and allow courts to take editorial integrity and standards into account when cases come to court. Within that framework, self-regulation would be worth doing and worth doing well.

That’s a bald summary. I saw an ad in the Daily Mail today from the Free Speech Network objecting to the possibility of the press being “shackled”, showing six newspaper front pages and asking if these stories would have appeared under “state regulation”. (The stories shown are the Mail’s front pages on the men alleged to have killed Stephen Lawrence, A Telegraph splash on MPs’ expenses, The Sun front page on Andrew Mitchell calling policemen “plebs”, a Times investigation on celebrity tax avoiders, the Daily Mirror on John Prescott’s affair with his secretary and a Guardian front page on phone-hacking.)

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Lectures / Leveson / Standards / UK Press — Comments Off
01
Jun 12

Summing up what we’ve learnt on Leveson, Murdoch and law

My loyal band of Twitterati may have noticed that I’ve been in Australia, where I gave a talk in two universities trying to sum up what we’ve learnt from the Leveson Inquiry. British readers of this blog might well want to stop right here because a good deal of the talk below will be familiar. There’s a very short version on the Australian-based The Conversation, a site which acts as a web publisher for opinion and analysis on public affairs by academics. But in case anyone wants to see the full text, here it is:

Phone-Hacking, the Leveson Inquiry and Rupert Murdoch

Public inquiries – often thought of as deliberate, careful, rational procedures – often provide examples of the operation of the Law of Unintended Consequences. They don’t always work out as their instigators hope or intend.

So it is with the Leveson Inquiry, now running most days of the week in London. The Inquiry is formally into the “culture, practice and ethics” of something quaintly called “the press”. The inquiry’s terms of reference are very broad indeed. They cover standards, accuracy, regulation and law, media plurality and ownership, relations with both the police and politicians.

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Leveson / Media Freedom / Standards / UK Press — 2 Comments
30
Apr 12

Leveson: how to avoid the pitfalls of “better mousetrap” press regulation

Towards the end of next month, the Leveson Inquiry into the British press will turn from its current, revelatory phase about media relationships with politicians and address again the knotty question of regulating journalism.

The inquiry’s most basic dilemma hasn’t changed: how to prevent and discourage the wrongs which have occurred without tipping over into state control of the news media. When he has grown bored and irritated with an editor waffling vaguely about how things will be improved by a few light adjustments to the present rules, Lord Leveson usually asks one of two questions and sometimes both: what would you actually do? will what you suggest command public confidence? Next month will bring forth a slew of ideas for regulation designed to work better than the much-abused self-regulation of the past. Legal and media experts are busy putting the finishing touches to better mousetraps.

The problems of “toughening” regulation are much greater than supposed, as I’ve argued here (£). Not least because regulation deals with sorting out things that have already gone wrong. What the Leveson Inquiry should also be concentrating on is how to encourage, in the culture of newsrooms, good practice which lowers the odds that bad things will be done. It should also look at whether the issue of regulation isn’t as much a question of legal process as much as one of regulatory machinery. That is to say that contributory factor in the accumulation of problems and resentment has been the cost and delay of taking legal action over libel or invasion of privacy. In this article I suggest that there is a way to interlock the rules of both law and a regulator to create a powerful incentive for journalism to rely less on tricks and illegalities.

If journalists were offered fuller and more consistent public interest defences in both criminal and civil law, those defences could be made available only to news publishers or broadcasters who could demonstrate transparent and enforceable editorial integrity and standards. With that incentive, websites and papers (broadcasters are separately regulated) would need to organise regulation among themselves which would show that they deserved the protection of a public interest defence. Trivial, sloppy or bad journalism which can’t claim a public interest justification gets no protection; better journalism at least has that line of defence available. That strikes me as the best way round the knotty dilemma: incentives not state-backed regulation.

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Journalism Schools / Media Freedom / Standards / UK Press — 1 Comment
09
Dec 11

Leveson takes academic advice

Unless you look very hard you will not have seen the Leveson Inquiry session of yesterday mentioned in the news. The inquiry wasn’t taking a day off: it was hearing from seven media academics.

Our views, to put it mildly, did not make headlines. But for the record, here is the link to the video and transcripts. The best summary I’ve seen is here (others here and here).

A few quick impressions. The questioning is thorough, rigorous and well-directed, much of it conducted by Lord Leveson himself. Given that so much of the focus is coming down to the less attractive activities of red-top papers, the absence from the inquiry’s panel of “assessors” of anyone with experience of a red-top newsroom seems odder and odder. Partly because such a person could have helped diagnose the problem; partly because the inclusion of red-top experience would bolster the political defences of inquiry conclusions which turn out to be unpopular with the popular papers. Those papers editors’ will give evidence in January and at least some of them are meeting shortly to see if they can organise a common front and shared proposals for the inquiry.

Lord Leveson referred yesterday to what had gone wrong in newspapers in the past “twenty years”. That choice of timeframe reminds us that the unspoken premise of this inquiry is to discover why the suggestions made (twice) by the last judge to consider these questions, Sir David Calcutt, two decades ago did not succeed as planned. There is a clear hint of this (part 1 c and d) in the Leveson Inquiry’s terms of reference.

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Law / Media Freedom / Standards / UK Press — 5 Comments
01
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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Broadcasting / Law / Media Freedom / Standards / UK Press / Uncategorized — 1 Comment
03
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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