Rusbridger says press "under-regulated and over-legislated"

Guardian editor Alan Rusbridger told the Leveson Inquiry today the British newspaper industry has been “under-regulated and over-legislated.”

Rusbridger urged for a greater balance between the two, but praised the Inquiry for bringing about more nuanced questions about regulation and statute.

He said he “wouldn’t be against the use of statute” if a new regulatory body could enforce its powers to deal with early-stage libel claims, adding that statutory underpinning of a new adjudication system would make settling libel and privacy cases cheaper and easier.

He said the Press Complaints Commission’s 2009 report into phone hacking was “worse than a whitewash” and “undermined the principle of self-regulation”. In the report the PCC concluded there was no evidence it had been misled over phone hacking by the News of the World, which closed last summer in the wake of further hacking revelations.

“Even when they were lied to by the most powerful media player,” Rusbridger said, “there was nothing they could even do about that. Its inadequecies were fatally exposed”.

Also speaking this afternoon was Sunday Times editor John Witherow, who shared concerns expressed earlier today by James Harding that statutory backing may lead to political interference in the press.

Witherow said the reputation of the UK press abroad needed to be taken into consideration: “Our libel laws have created a lot of controversy around the world,” he said, adding that “if we moved to a statutory body, it would send a message worldwide that we’re taking a tougher stance on the media.”

Witherow also admitted that his paper tried to blag details of Gordon Brown’s mortgage from Abbey National by calling the bank and posing as the former prime minister.

The Inquiry continues tomorrow with evidence from magazine and regional editors.

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Sly Bailey rejects Mirror phonehacking claims

The CEO of Trinity Mirror, Sly Bailey, told the Leveson Inquiry today that she has seen no evidence of phone hacking at Trinity Mirror, only “unsubstantiated allegations”.

When pressed by counsel David Barr why the group had not conducted a detailed investigation, Bailey argued that by investigating claims without evidence of hacking was not a way to run a healthy organisation.

She called claims made by a BBC Newsnight programme that the practice took place at the Sunday Mirror a “terrible piece of journalism”.

Bailey said she had heard the evidence of ex-Mirror reporter James Hipwell, who told the Inquiry that phone hacking was a “bog-standard journalistic tool” used by the paper, but added she was “not sure” whether she knew of his allegations at the time.

In her testimony Bailey also detailed the “intense cyclical pressure” facing her company. “It’s like a falling knife that is getting sharper on the way down,” she said, noting the collapse in recruitment advertising and increasing pressure from digital news platforms. “Our strategy is to build a growing multi-platform business,” she said.

Also speaking today, Tina Weaver, editor of the Sunday Mirror, said privacy injunctions brought by rich, powerful men “rained down on us like confetti” a year ago.

Weaver said she “wrestled with competing tensions” over a kiss and tell story published in the paper involving Rio Ferdinand in April 2010. She said editors now spend a “disproportionate” amount of time balancing Article 8 (private life) and Article 10 (freedom of expression), to which Leveson asked, “isn’t that exactly what you should be doing?” Weaver agreed it was.

“It’s where the line is being drawn that concerns me,” Weaver told the Inquiry.

Weaver added that she felt the perception of public interest was at times too narrow. “I think what readers deem to be in the public interest is deemed by judges to be private,” she said.

The Mirror’s investigations editor Andrew Penman discussed his reservations about prior notification. He told the Inquiry he feared the policy becoming compulsory, leading to crooks and fraudsters becoming “the ones you can’t write about.”

He added he believed in a right to “publicity”.

“If the press are stifled, the public is stifled,” he said.

Editor of the People Lloyd Embley told the Inquiry that the varied nature of stories meant he could not see prior notification working in practice.

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Mirror editor supports new regulatory framework

The editor of the Daily Mirror told the Leveson Inquiry he believes there is a “willingness” for online news providers to sign up to a regulatory framework.

Richard Wallace, who has edited the paper since 2004, said that “legitimate” online news providers would want to join a new regulatory body because “it gives them a lot of cachet”.

He said that “responsible” online news sources would be more successful. “The out and out cowboys, I don’t see in the long term they can survive,” he said, adding that “people want information that is competent and true.”

Asked about press tycoon Richard Desmond’s view that having current editors serve on the Press Complaints Commission creates rivalry, Wallace said that serving editors should play only an “advisory role” in a new body. He suggested former editors and ex-lawyers should serve, enabling the new body to call editors to account.

Discussing the relationship between the press and the political sphere in the UK, Wallace said that he did not believe the media were too close to politicians, but said News International had “particular influence”.

“The reason Rupert Murdoch has so much power is because we choose to give it to him,” he said, arguing that “politicians should have shown a lot more backbone”.

“They’re there to look after the welfare of the people, not the welfare of a media organisation,” he said.

He was also quizzed over the Mirror’s inaccurate stories about Chris Jefferies, the former teacher wrongly arrested in late 2010 on suspicion of murdering his tenant Joanna Yeates. Wallace told the Inquiry that off-the-record briefings from Avon & Somerset police, who said they were “confident” that Jefferies was “the right man”, “coloured” his judgement.

He called the episode a “black mark” on his editing record and expressed “sincere regret” to Jefferies and his friends and family. “Jefferies’ name will for ever more be printed on my mind,” he said.

The Daily Mirror was fined £50,000 for contempt of court over its coverage of the former teacher.

Meanwhile, on phone hacking, Wallace said he did not believe the practice had occurred, but added it “might well have been” hidden from him.

He added that he had never heard the Paul McCartney voicemail message to Heather Mills that former Mirror editor Piers Morgan told the Inquiry he himself had listened to.

Discussing the departure of his predecessor, Wallace said Morgan was dismissed over the publication of a series of hoax Iraqi prisoner abuse pictures. “It was a catastrophic error of judgement and he paid the price,” Wallace said.

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38 bad, 68 good: Richard Desmond's defence of Express McCann coverage

Richard Desmond, founder and owner of Daily Express owner Northern & Shell, today defended his editor’s coverage of missing toddler Madeleine McCann despite the volume of defamatory articles the paper published.

I don’t wish to minimise it,” he told the Leveson Inquiry, “but if there were 102 articles on the McCanns, and 38 bad ones, you could argue there were 68 or 70 good ones.”

He told the Inquiry that the McCanns took four months to take legal action over the paper’s coverage, claiming that until then “they seemed quite happy for us to run articles about their poor daughter.”

Counsel to the Inquiry, Robert Jay QC, called this a “grotesque characterisation”. He also said the coverage of the Express and the Star, also owned by Northern & Shell, were the “most egregious defamations” of all the redtops.

Despite apologising  and paying Kate and Gerry McCann over £500,000 in damages  for “entirely untrue” and “defamatory” articles written about their daughter’s disappearance, Desmond believes the Express was “scapegoated by the PCC” over its coverage, claiming it was only the Express that “stood up and said yes we got it wrong”.

An increasingly irritated Jay criticised Desmond for drawing comparisons with the death of Princess Diana and attempting to justify his papers’ coverage of the McCanns by arguing speculation over what had happened was rife.

“There has been speculation that Diana was killed by the royal family,” Desmond said. “The speculation has gone on and on. I don’t know the answer.”

Desmond’s performance this afternoon was pugnacious, with potshots being taken at rivals and regulators. He called the current Press Complaints Commission a “useless organisation run by people who wanted tea and biscuits and by phone hackers; it was run by people who wanted to destroy us.”

He called the Inquiry “probably the worst thing that’s ever happened to newspapers in my lifetime.” He said he would rather “get rid” of it, “prosecute people that committed offences, and get on with business.”

He also took particular care to reignite hostilities with the Daily Mail, calling it “the Daily Malicious”, “Britain’s worst enemy”, and referring to its editor Paul Dacre as “the fat butcher”.

Desmond seemed at pains to define the term “ethical”, adding: “We do not talk about ethics or morals because it’s a very fine line and everybody is different.”

The Inquiry continues on Monday.

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