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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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Leveson / Media Freedom / Standards — Comments Off
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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29
Nov 12

Leveson quick read: severe narrative, law/regulation better than feared

This is a rapid gut and comment on the Leveson report executive summary released today. The complexity of his regulation-legislation solution seems to have masked the genuine severity of his audit of what some newspapers have been doing.

No report on the press would be complete without a quotation from Thomas Jefferson and Lord Justice Leveson obliges on page 4: “Where the press is free and every man able to read, all is safe.” The next fifteen pages demonstrate exactly the opposite.

Leveson does not think much of the “culture” of the press (as his terms of reference called it). Indeed it seems unlikely that he would even think the word “culture” the appropriate one. He is outraged not just by bad behaviour but by what he seems to think was a lack of any moral sense: “There have been too many times when, chasing the story, parts of the press have acted as it its own code, which it wrote, simply did not exist.” Note the “which it wrote” dig at hypocrisy. (para 7)

He makes a nod to the fact that the press does hold its own powers to account, citing (para 10) both the Guardian’s investigation of the News of the World and the ITV and BBC Panorama’s investigation of Jimmy Savile. He acknowledges (para 18) that commercial changes have increased pressures on newspapers “to find different ways to add value” (without accepting this as an excuse for anything at all).

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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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Leveson / Media Economics / UK Press / Uncategorized — Comments Off
03
Sep 12

The Leveson Inquiry pre-positioning: editors a bit confused

The printing of naked photos of Prince Harry by The Sun exposed nothing very interesting about the prince but it did dislodge some very muddled thinking about the future of newspapers.

The short-term future for newspaper editors is dominated by the Leveson Inquiry, due to report in the autumn. The Inquiry’s chairman has been sending provisional summaries of his views to editors and they don’t like what they read, claiming that it hints at statute-backed press regulation. The government sounds wary. The opposition Labour Party is sitting on the fence on that issue, preparing to jump off on whatever side will cause the government most trouble, while keeping as much attention as they can muster on the issue of media plurality and ownership. These are all pre-publication manoeuvres. Nobody yet knows what Leveson thinks and positions will be amended or even abandoned when his views become clear.

The Prince Harry pictures gave editors a chance to rehearse their defences, which came in two varieties. The first is a broad press freedom argument which asks for licence to disclose anything which they deem interesting and which is within the law (and maybe a few things which aren’t). As a defence in court – prosecutions of News of the World journalists for phone-hacking and related offences are churning through the system in parallel to the Leveson Inquiry – this is unlikely to work (see this from the HuffPo by one of those arrested). We might christen this the “spacious elbow room” argument; popular papers need space to do what they do and to survive. A tincture of anti-establishment language is usually thrown in. Hence the ex-editor of The Sun, Kelvin MacKenzie:

“I’m unsure why the establishment hate newspapers so much but what I’d like to see is editors get off their knees and start pushing back against these curtailments in what will eventually, I promise you, lead to the closure of newspapers”.

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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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16
May 12

Adam Boulton at Leveson: a lapidary exchange on the press

 

I reproduce without much need for comment a short exchange which occurred in the evidence given yesterday by Adam Boulton, political editor of Sky News, to the Leveson Inquiry. Other things which Boulton said may have generated more headline attention, but his clear-headed analysis here is more useful than hundreds of other such dialogues in explaining (while not excusing) the events which gave rise to the Inquiry in the first place. The questions were being put by one of the Inquiry counsel, David Barr, who starts by referrring to Boulton’s evidence statement.

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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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