01 Feb 12 | Leveson Inquiry
The chairman of the body that funds the Press Complaints Commission told the Leveson Inquiry today that the News of the World phone hacking scandal has convinced him of the regulator’s need to impose fines.
Lord Black, chairman of the Press Standards Board of Finance (PressBoF), revealed that he had been opposed to the imposition of fines, arguing that they would not have strengthened the PCC, but admitted the phone hacking scandal had made him change his mind.
“I certainly now believe that some form of fining system would be appropriate,” he said, citing the scandal that led to the closure of the News of the World as “the most obvious example of why urgent reform of the system is needed.”
Black said there was a “very real” appetite for change from the industry and argued that there needed to be “radical proposals” for changes to self-regulation in order to thwart a threat of statutory regulation.
Black’s testimony follows Lord Hunt’s call yesterday for a new regulator that had increased powers to investigate, as well as audit and enforce standards. Hunt told the Inquiry there was a “wide consensus for radical reform” in the industry.
Ofcom CEO Ed Richards and Chair Colette Bowe also gave evidence today. The pair defended the broadcast regulator, which is underpinned by statute and whose chief executive is chosen by the Culture Secretary, as being able to maintain its independence. Bowe emphasised the regulator is accountable to Parliament — not the government — and Richards stressed that independence was “probably the most prized characteristic of the entire organisation.”
Asked by counsel Carine Patry-Hoskins if Ofcom’s independence would be stronger were its board not selected by the government, Bowe said it would not in practical terms. She added that a better model had not been proposed, and that well-informed parliamentary committee served to hold Ofcom to account.
Richards described Ofcom as a “post-broadcast regulator” that does not attempt to intervene with broadcasts in advance of being aired. He said he pre-broadcast intervention was “very difficult territory, which takes you potentially takes you into the area of censorship and suppression.”
Richards also argued that there was “no reason” why financial penalties should have a chilling effect on investigative journalism, and that there were “plenty of examples” of broadcast journalism that have been controversial and produced within the Ofcom code.
Richards added that Ofcom’s own investigatory powers, namely the ability to require data from broadcasters, were a “key tool” and crucial to the regulator doing its job effectively. He cited the sanctions levied as a result of the 2007 phone-in scandal — during which Ofcom fined GMTV a record £2 million for having repeatedly allowed viewers to enter phone-in competitions after lines had closed — as an “effective deterrent”.
Richards admitted that digital innovations did present challenges for broadcasters, but said any attempt to regulate the internet was a “fool’s errand”.
The Inquiry continues tomorrow.
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01 Feb 12 | Leveson Inquiry
The current chairman of the Press Complaints Commission gave an impassioned warning against statutory regulation of the press at the Leveson Inquiry yesterday.
“There is already statute,” said Lord Hunt. “What is missing is a statutory regulator, which is what I’d regard as infringement on freedom of press.”
Lord Hunt said Britain’s “much envied” press freedom was the country’s “greatest asset”.
“The road to parliamentary hell is paved with good intentions”, he added, telling the Inquiry that there were “very strong views” in parliament that there should be tougher limits on the power of the press.
He said the Inquiry was a “tremendous opportunity” for the press to come forward with the type of system that Sir David Calcutt proposed in the early 1990s. “But not by statute,” Hunt emphasised.
He also held the view that the PCC was not a regulator, arguing that it had been “unfairly criticised for failing to exercise powers it never had in the first place”.
He said there was an urgent need for a new body and that the Inquiry was a key factor in there being “wide consensus for radical reform”. He argued that a new regulator should have two arms — one for handling complaints and mediation, and the other for auditing and enforcing standards.
Hunt also revealed that Northern and Shell boss Richard Desmond, who withdrew from the PCC last year, has agreed to sign up to his newly proposed press regulator. Hunt repeated that there was a “real appetite” for change and proposed a five-year rolling contract for publishers to sign up to.
Earlier today, serving PCC commissioner Lord Grade said he did not believe that statutory regulation would have a chilling effect on investigative journalism, which he said was “alive and well” in broadcasting despite being “heavily regulated”.
Yet he took issue with statutory regulation raising the prospect of judicial review and a slower complaints process, and had concerns over the powers of a statutory body to intervene with newspapers prior to publication.
Grade said a new, improved regulator should have “visible, painful, tangible powers of sanction”, and that statutory recognition of a body that is independent of politicians and proprietors seemed to be a “very important way forward”.
He added that current PCC staff were “underpaid, overworked, overstretched”, and that the body barely had enough resources to do more than be a “complaints resolution vehicle”.
The Inquiry continues today, with evidence from Ofcom, the Advertising Standards Agency and PressBoF.
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31 Jan 12 | Leveson Inquiry
The former chair of the Press Complaints Commission has made a staunch defence of the self-regulation body at the Leveson Inquiry today.
Sir Christopher Meyer, who chaired the self-regulation body from 2003 to 2009, grew exasperated as he was asked by counsel Robert Jay QC whether the body should stop the press coming up with stories to fit supposed facts. “As long as human beings are involved, there will be fallibility,” Meyer told the Inquiry.
“It is as if you say to the police ‘you are useless because you can’t stop crime’,” Meyer said. “These are ridiculous arguments.”
In one of the more heated sessions of the Inquiry, Meyer told Jay that he seemed “to ignore” that the public has confidence in the complaints body, which has faced criticism in various witness testimony for having failed to deal proactively with complaints. In her evidence to the Inquiry in November, Harry Potter author JK Rowling called it a “wrist-slapping exercise at best”, while the father of missing toddler Madeleine McCann suggested “repeat offenders” of incorrect coverage should lose their privilege of practising journalism.
Meyer contended it was unfair for Jay to suggest he was slow in protecting the McCanns or condemning the Express’s coverage of them. The couple, whose daughter went missing in Portugal in 2007, received a libel payout of £550,000 from Express Newspapers for defamatory articles published about them.
Meyer said he had made it “perfectly plain” to Gerry McCann that he had an option of taking a legal route or the PCC, stressing to the Inquiry that the PCC made “particular efforts” to make itself available to the McCanns within 48 hours of their daughter, Madeleine, disappearing.
He added that he told the then-editor, Peter Hill, “you have to resign” after the payout.
He continued, “the McCanns needed the press for publicity’s sake”, adding that the couple had made a “Faustian” bargain with the media.
He also rejected Jay’s suggestion that, had the PCC taken a more proactive stance with the McCanns, the libellous coverage of Bristol landlord Chris Jefferies would not have been able to go so far.
“Don’t drag me down that path,” he told Jay, noting that he was no longer the PCC chairman at the time, and that the body had been successful in containing media scrums.
Quizzed about why the PCC did not call in newspaper editors in the wake of the Information Commissioner’s reports on Operation Motorman, Meyer said he needed “actionable information” and wanted to “see the beef” before talking to editors.
Last month, the former Information Commissioner Richard Thomas told the Inquiry the PCC “should have done more” in response to the Motorman findings, and that he “just did not buy [the] line”, that the PCC could not intervene because the use of private investigators by the press was a criminal matter.
Discussing the oft-criticised PCC report on phone hacking in 2007, published after the jailing of Glenn Mulcaire and Clive Goodman on related offences, Meyer argued it was not useful for the PCC to “duplicate” the police inquiry, and that interviewing former News of the World editor Andy Coulson would not have added “anything of value” to the report.
He said the PCC decided to conduct a “lessons-learned exercise” to shed a “little more light” on what had occurred at the News of the World. Meyer called the report “monumental” and said the police and papers uncovered more evidence of phone hacking than was known in 2006.
His exchange with Robert Jay QC became more agitated as they moved on to Max Mosley, who sued the News of the World in 2008 for publishing a story accusing him of engaging in a Nazi-themed orgy.
Meyer said Mosley was “extremely rude” about the PCC after he decided to launch a legal complaint against the News of the World, adding later that “the whole thing might have taken a different course” had Mosley had gone to the PCC before the tabloid published its sting. “We around the table — the commissioners — would have had a very interesting debate,” Meyer said, adding, “we would have found for him.”
He added that the PCC could have attempted to halt the publication of Mosley sting, as the body “regularly” gave pre-publication advice and there would have been a “big debate” about whether the Nazi theme of the story “affected the central argument”.
Meyer grew increasingly frustrated when asked if there was “collusion” between the PCC and editors serving on its board.
“God knows I had my conflicts with the editors on all kinds of things,” he told the Inquiry. “If you think I was sitting in their pocket not daring to do things that they did not like, think again Mr Jay.”
Meyer gave a staunch defence of free expression, noting that he was a “strong believer of freedom of the press” and “very firmly of the view that you do not go down the road of statute”.
Meyer warned that state involvement in press regulation was a “slippery slope”. He argued that in the future a “less permissive, less liberal state” may try to take advantage of existing legislation to do things that “might be offensive to freedom of expression”.
He added that the press is “quite closely hemmed in by statute and code of practice”, adding that he would not not want to see a “system of regulation that is more repressive than need be.” Referring to a 2003 speech, Meyer said he still believed the PCC should not be able to fine newspapers, contrary to current PCC director Stephen Abell’s view expressed yesterday.
Contrasting with the testimony of Abell and former director Tim Toulmin, Meyer said he believed “very firmly” that the PCC was a regulator, noting that “it is regulation unlike anything else”.
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30 Jan 12 | Leveson Inquiry
The Press Complaints Commission was today criticised at the Leveson Inquiry for having taken a “somewhat restrictive and timorous” approach to investigate phone hacking.
Robert Jay QC told former PCC director Tim Toulmin that the self-regulation body had failed to “test the boundaries of its powers” by choosing not to question former News of the World editor Andy Coulson after he resigned from the tabloid following the 2007 convictions of Clive Goodman and Glenn Mulcaire over phone hacking. Toulmin rejected this suggestion.
Toulmin, who headed the PCC from 2004 to 2009, said the prospect had been discussed but it was decided that the body’s powers “wouldn’t have had traction” with Coulson.
He added that he later thought this was a mistake. “The PCC should have been seen to ask him,” he said. Lord Justice Leveson interjected, saying that doing so would have been “incredibly powerful”.
Quizzed about the PCC’s response to the Goodman and Mulcaire jailings, Toulmin said that although the PCC did not investigate the matter, it conducted an “exercise that was designed to produce a forward-looking report” and establish principles of internal governance to avoid future wrongdoing.
“We were looking at how it arose, and the culture,” he said.
The PCC produced two reports, one in May 2007 that found no further evidence of wrongdoing, and one in September 2009 that has since been withdrawn, which concluded the body was not misled by the News of the World.
Regarding the 2009 report, Toulmin conceded that dismissing evidence from the Guardian was a “major mistake”. He said he was not a member of the board that decided on the report’s conclusions.
Testifying at the Inquiry earlier this month, Guardian editor Alan Rusbridger had said the 2009 report was “worse than a whitewash”.
Elsewhere in his testimony, which ran for over three hours, Toulmin discussed the PCC’s response to the Information Commissioner’s findings on Operation Motorman, which examined the use of a private investigators by the media to obtain personal information. He said that the then commissioner, Richard Thomas, went to the wrong body when he approached the PCC with his report. “He either should have gone directly to the industry — trade bodies — or the code committee, which is more representative of the industry,” he said, noting that data protection breaches were outside of the PCC’s remit.
Last month, Thomas told the Inquiry the PCC “should have done more” in response to the Motorman findings, and that he sought their “loud, strident condemnation.”
Toulmin also asserted that the PCC was not subject to influence from current editors serving on its board, namely Daily Mail editor Paul Dacre and former News International CEO Les Hinton. “They never a single time would phone me up and suggest we should behave in a certain way,” Toulmin said.
Toulmin argued that PCC members were not “cowed” by editors’ presence, and that their presence gave”bite” to complaints rulings.
In his witness statement, Toulmin argued that it was “inappropriate” to call the PCC a regulator.
Leveson also put it to Toulmin that the PCC was believed by the public to be a regulator ” when it wasn’t actually a regulator at all,” Leveson said. Toulmin agreed, claiming that it was “a complaints handler (…) a sort of ombudsman.”
The PCC’s current director, Stephen Abell, who gave evidence this afternoon, said he too was “happy” that the term regulator not be used to describe the PCC. He said that at the heart of the newspaper industry is “people exercising their right to be polemic”, and that regard needed to given to the nature of the industry when coming up with an over-arching structure.
During his testimony he ran through cases of complaints made to the PCC, citing Jan Moir’s column in the Daily Mail about the death of singer Stephen Gately, which was originally headlined “Why there was nothing ‘natural’ about Stephen Gately’s death”. Abell said there were over 22,000 complaints about the piece — which was later amended to the print edition headline “A strange, lonely and troubling death” — but it was “just short” of a breach of the PCC code, despite being a “difficult” episode to judge.
The Inquiry continues tomorrow, with evidence from current PCC chairman Lord Hunt, former chair Sir Christopher Meyer and PCC member Lord Grade.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
