Mandelson argues for press regulation

Former Labour cabinet minister Lord Mandelson has accused the British newspapers of feeling they are “above the law”, arguing that it is “politically suicidal” for any prime minister to consider taking them on.

In an afternoon at the Leveson Inquiry in which he lamented a “loss of deference” in society, Mandelson compared the press to Britain’s trades unions in feeling “untouchable” and wanting to “operate above the law”. He wrote in his witness statement:

Like the trades unions, when you try to apply the law, they shout from the rooftops about basic freedoms and fundamental rights. (…) Perhaps, because of all that has now happened and been revealed about the invasions of privacy, law-breaking and deceptions, the time for the press has also finally arrived. But it will take a brave government and I would not bank on their nerve holding.

Mandelson, one of the key architects of New Labour, lamented what he termed the “tabloidisation” of the British press, suggesting News International titles and others had “pioneered” a shift from “conventional news to a pre-occupation with celebrity, scandal, gossip and sexual revelation”.

“There are barely any broadsheets left, figuratively or literally,” he said, adding later that he felt the country would be “better off” if newspapers “spent more time looking into corporate misbehaviour and general wrongdoing rather than celebrity tittle tattle and gossip”.

He also expressed fears over the challenges presented by digital media. “Media business models are being ransacked, governments are losing control of the information flow and the public are being given access to a flood of undigested and unmediated ‘news’, all in the name of free speech,” he wrote.

He stressed a need to maintain standards in the press. “The media has to be challenging,” he said,”but it seems that every journalist wants to turn themselves into a [Bob] Woodward or a [Carl] Bernstein. They have to accept that sometimes people haven’t done wrong.”

Mandelson spoke out in favour of a body enforcing higher standards, but argued that corporate governance and transparency were equally important. “Just in the case of banks, you need regulation, but for banks to uphold proper standards they need better people running them,” he said.

He advocated independent, statute-backed regulation controlled by neither the press nor the government, disagreeing with Lord Justice Leveson’s suggestion that it might be seen as infringing free speech.

Elsewhere in his three hours of evidence, Mandelson described his time in dealing with the press in the run up to the 1992 elections and Labour’s takeover of power in 1997, when the Murdoch-owned Sun famously switched its previous Conservative party allegiance.

He compared dealing with media in the 1980s as “like living in a jungle, engaging in almost daily hand to hand combat with people who never seemed prepared to give you a break”, and described Labour’s relations with press around 1992 elections as “pretty dire” due to their antagonism with the party.

Ahead of the 1992 elections, Mandelson said, “we didn’t want to make permanent enemies of News International”, as the party tried to forge a friendlier relationship with the publisher.

However he was firm in rejecting the view that “some sort of Faustian pact” had been struck between the Murdoch-owned group and Labour at the time of the Sun supporting the party ahead of its 1997 landslide win.

On his dictum of press-politicians relations, which the Inquiry is currently examining, Mandelson said: “You can be friendly with journalists, but journalists are never your friends.”

The Inquiry continues tomorrow.

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Tessa Jowell says family "destroyed" by press

The former secretary for culture media and sport told the Leveson Inquiry today that her family had “been destroyed” by intense media harassment.

Tessa Jowell, culture secretary from 2001 to 2007, became emotional as she described the “total” invasion of privacy she and her family had suffered.

Detailing what she called “obsessive curiosity” about her family and private life, Jowell said: “In the months to years after I’d find people sitting outside my house with cameras.”

“Only in the last 18 months do I find myself not looking in cars to see if there is somebody waiting,” she added.

In May 2006 she was told by Operation Caryatid, the original phone hacking investigation, that her voicemail had been intercepted 28 times, and subsequently discovered the activity was more extensive. In December 2011 Jowell settled a civil case for breach of privacy with News International.

“There is no evidence yet shown to me that the hacking of my phone was undertaken for commercial motives, but rather in pursuance of an obsessive interest in my troubled family circumstances at that time,” Jowell wrote in her witness statement.

She added that she was “deeply shocked” when she read Metropolitan police’s DCS Keith Surtees’s evidence, in which he said Jowell had declined to sign a statement to be used in the prosecutions of former News of the World royal reporter Clive Goodman and private investigator Glenn Mulcaire when she was first informed of phone hacking in August 2006.

“It is untrue,” she told the Inquiry. “Had I been asked at that time to provide a witness statement I would have.”

She said she “sought clarification” from the police over how she could contribute but was assured there was nothing further to do, writing in her witness statement that her “offers of further help were declined”.

She also said she did not approach the News of the World over the matter because she believed the perpetrators had been imprisoned, and did not complain to the Press Complaints Commission about the press intrusion she suffered.

During her evidence, Jowell and Lord Justice Leveson collided over whether or not the Press Complaints Commission was in fact a regulator. “Regulatory may be the wrong term,” Jowell said, noting that the Commission oversaw media conduct and provided redress for those who felt they had been wronged by the press.

Asked if the DCMS should have taken a more hands-on role in media monitoring, Jowell said such manoeuvres would have “been seen as a step to undermine self-regulation”.

“There’s no halfway house in this,” she said. “Either the media is regulated on statutory basis or it’s self-regulated.”

The Inquiry continues this afternoon with evidence from Lord Mandelson.

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Sir Harold Evans warns against statutory press regulation

Veteran newspaper editor Sir Harold Evans attacked the “excesses” of the British press and called for more external control while warning against introducing regulation by statute.

Appearing via video link at the Leveson Inquiry this afternoon, Sir Harold said his evidence, in which he largely detailed Rupert Murdoch’s bid for control of the Sunday Times in 1981, was relevant as it was a “manifestation of too close a connection between a powerful media group and politicians”.

Evans, who edited the Times from 1981-2 (having edited the Sunday Times from 1967-1981) and whose feud with Murdoch is well-documented, said he was “disgusted, dismayed and demoralised” by the “vindictive and punitive atmosphere” at the title.

He left his post at the Times after a year of being made editor.

Evans, who has lived in the United States since the mid-1980s, heralded the country’s reputation for accuracy and fact-checking in journalism but said the United Kingdom was “superior” in its style. He spent the early part of his evidence reflecting on his time as a journalist in the 1970s, a time he described as Britain having a “half-free press” and that “almost every investigation ran against external restraint”, such as the Official Secrets Act, libel and contempt.

He lamented what he termed the “excesses” of the British press, namely the “persecution of individuals for no public good whatsoever”, telling the Inquiry we were now in a “situation where papers are hiring private detectives. We used to hire reporters.”

He slammed the Press Complaints Commission as not having the powers even to “frighten a goose” and recommended a press ombudsman with the power to subpoena, punish and “hold the press to the very highest standards.”

While Evans warned it was “dangerous to bring a statute to bear on these matters”, he stressed that there was a need for “some extra authority to clean up the mess we’re in”.

The Inquiry continues on Monday.

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Jack Straw calls for privacy law

Former justice secretary Jack Straw has urged Parliament to amend the Human Rights Act to include a tort for breach of privacy.

“I think parliament needs to take this job on now,” Straw told the Leveson Inquiry today, adding that doing so would send a message to the public that they had “the right to have their privacy protected”.

Echoing his 2011 Gareth Williams memorial lecture, Straw said that legislating on privacy has gone “through a side door” by relying on the HRA. There is no current tort on privacy in English common law, though section 12 of the HRA says that a court must regard the extent to which a media defendant has complied with “any relevant privacy code”.

Straw, who was Home Secretary from 1997-2001 and Foreign Secretary from 2001-2006, also claimed self-regulation of the press had “palpably failed” and that regulation with statutory underpinning was the only means of compelling newspaper groups to join into a system.

“If you leave it to self-regulation we will end up with the absurd situation where they [the press] are judge and jury in their own courts,” Straw said, adding that the press “can’t go on claiming every other institution in the land needs external regulation” while it continues to regulate itself.

However he dismissed counsel Robert Jay QC’s suggestion of the possibility of state control in newspaper content as “nonsensical”.

Straw flagged newsroom culture as an area of concern, adding that the press needed to be “more examining of what they are doing” and that the Inquiry itself provided a “mirror” for journalists.

“With luck, there’ll be continuing momentum for change,” Straw said, contradicting former Downing Street spin doctor Alastair Campbell’s more pessimistic view that there was “no appetite” for media reform.

He accused the British press of being “Quixotic”, telling Leveson: “one day you’re best thing since sliced bread, next your paternity is being questioned by the same newspaper”.

He added that there was a degree of “voyeurism” among some sections of British journalism that took “no account of the responsibility of decision-making” and that there was a “willful refusal” by the press to develop an understanding of how governance works. “They reduce it so much to personality and conflict,” Straw said, adding that newspapers had contributed to a culture in which politics is seen as boring or pointless.

The Inquiry is currently focusing on relationships between the press and politicians, with Straw revealing that, during his time in the Cabinet (1997 to 2010), some newspapers were gradually “being favoured by particular ministers”.

“They had these little groups,” he said, adding that it was “very incestuous and very unhealthy” and that both sides were to blame.

Straw said one of the reasons the Blair government was too close to some of the press was because of its involvement with them during their time in opposition, a relationship it carried into Downing Street when it came to power in 1997.

“Every politician wants to have the best relationship they can with the press,” Straw said, but warned one’s own position becomes “compromised” and it could “undermine your integrity” if relationships are too close.

The Inquiry continues tomorrow, with evidence from former Sunday Times editor Sir Harry Evans and journalist Peter Oborne.

Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson