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.)

The Free Speech Network campaign suffers from overstatement and an inability to face the actual consequences of journalism’s mistakes and cruelties. Very few people, if any, would support any scheme which made such stories impossible. But I note in passing that under my proposal, all those stories would have run as originally published.

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