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.
The government seems frightened of open public debate about issues such as “public interest”. The reporting of the Leveson Report when it came out late last year was shoddy and partial. The negotiations leading up to the Royal Charter were opaque. The legislation is whistling through the Commons. Debate hasn’t happened. Opportunities to find better ways have been missed. And Leveson was a great chance to improve law and regulation of the news media, as I tried to explain in this lecture at Gresham College. Pity it was missed.