BBC chief says statutory press regulation risks independence

The director general of the BBC, Mark Thompson, has said it is “unreasonable” to suggest other media organisations in the UK “can or could operate in the way the BBC does”.

Testifying at the Leveson Inquiry this morning, Thompson said it was “important for the plurality of media in this country that the press is not constrained” in the same way as the BBC is, with with its public service requirements and statutory backing.

“I think this country has benefited from having a range of media that are funded differently, constituted differently, have different objectives,” he said.

He noted that the British public had “uniquely high” expectations of the broadcaster’s standards, and that the BBC was “committed to being most trustworthy source of news in the world”.

He added that statutory regulation of the press may risk newspapers’ independence from the government.

During his marathon 2 hour and 45 minute session, Thompson said the public service broadcaster used private investigators for surveillance and security purposes, rather than “primary journalistic inquiry”. In his witness statement, Thompson wrote that PIs were used on 232 occasions by the BBC from January 2005 to July 2011, with one being hired in 2001 to track down “a known paedophile”. Thompson said there was a “strong public interest defence justification” for doing so.

Thompson stressed that subterfuge, notably secret filming, would also on used by the BBC in the case of “very serious” public interest stories, adding that there would need to be “clear prima facie evidence” of any wrongdoing, as well as no other journalistic way of recording it.

He cited the abuse at a care home exposed by investigation programme Panorama last year as an example.

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

Associated Newspapers loses Leveson journalist anonymity bid

An application by Associated Newspapers to prevent journalists giving anonymous evidence to the Leveson Inquiry has been refused at the High Court today.

Lord Justice Toulson, Mr Justice Sweeney and Mrs Justice Sharp today rejected the application for judicial review, noting in their ruling that it was “not for the court to micromanage the conduct of the Inquiry by the Chairman.”

The ruling read: “It is of the greatest importance that the Inquiry should be, and be seen by the public to be, as thorough and balanced as is practically possible,” Were journalists to be prohibited from submitting evidence anonymously, it went on to say, there would be a “gap” in the Inquiry’s work.

Toulson continued: “I am not persuaded that there is in principle something wrong in allowing a witness to give evidence anonymously through fear of career blight, rather than fear of fear of something worse.”

He added that it was “important to recognise that the evidence in question will be part of a much wider tapestry” and that Associated and others were open to submit non-anonymous evidence.

Associated Newspapers, publisher of the Daily Mail and The Mail on Sunday, challenged Lord Justice Leveson’s November ruling on anonymous evidence last week, arguing that “untested” testimony from journalists could tar its titles “with a broad brush”.

Mark Warby QC, counsel for Associated Newspapers, told the court last week that anonymous evidence may damage the “rights and interests” of all tabloids, and that titles were “likely to be defamed” if allegations of impropriety were made by journalists.

The Inquiry will resume on Monday, with evidence from BBC, ITN and Sky.

Read the full ruling here [pdf]

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

In praise of the hacked — civil litigants exposed News International

Crossposted at Hacked Off 

After two years of foot-dragging, nit-picking, hair-splitting and general obfuscation, News International has finally done the right thing in the civil litigation about phone hacking. It has put its hands up and agreed to compensate all but a few of the remaining victims who were suing it.

So this is a moment to pay tribute to all of those civil litigants, famous and obscure. We should honour them for their courage in challenging not only the might of Rupert Murdoch’s company, but the whole tabloid press, which was so eager to help keep Murdoch’s dirty linen hidden. And we should also honour them for prising open this huge can of worms when the entire establishment was determined to keep it shut.

There is talk of a new royal yacht for the queen’s diamond jubilee; perhaps before 2012 is out we should also have a handsome monument to the civil litigants as a gesture of thanks from a grateful nation. It could take the form of a giant tin-opener, and a location in Fleet Street might be appropriate.

These people changed everything. Without them the “one rogue reporter” lie would probably still be the official line from both News International and the Metropolitan Police. Rebekah Brooks would still be in her job, the ghastly Colin Myler would be editing the News of the World, Andy Coulson would be in 10 Downing Street and the press would still be telling us the PCC was an effective regulator.

A whole industry of deception, in other words, has crumbled thanks to the people compensated today and thanks to their predecessors who settled earlier, notably Sienna Miller.

And pathetic though News International’s legal defence has been lately, suing was never easy for the claimants. Think of the risks they exposed themselves to.

Back in 2010 when many of these cases began life, every politician knew that the Sun and the News of the World could wreck their reputations, and that these papers had more access to the prime minister (and his two predecessors) than any backbencher and most ministers. Suing probably looked like political suicide to most MPs.

Across television, cinema and sport, from Hollywood to India, News Corporation owns or controls far more than any other company, so if you were an actress, a sportsman, a football agent or a PR person you risked much more than your time and money by suing — you risked your livelihood.

As for ordinary people whose phones had been hacked, you might think they had nothing to lose by suing, but think again: this is a company that employed private investigators on an industrial scale. Would you be happy to have every aspect of your private life secretly investigated, and if the slightest blemish was found — perhaps involving a vulnerable relative — to have that exposed in the press?

So it took courage for these people to sue, and collectively they made the difference between News International escaping scot free and what we have now: substantial police investigations, a couple of dozen arrests, and the historic and far-reaching Leveson Inquiry.

If they can’t have a monument on Fleet Street, then what about MBEs all round?

Brian Cathcart teaches journalism at Kingston University London and is a founder of Hacked Off. He tweets at @BrianCathcart

Leveson suggests celebrity "privacy register"

Celebrity magazine editors today welcomed the idea of a register under the Press Complaints Commission of privacy-conscious celebrities suggested by Lord Justice Leveson at his inquiry into the UK press.

“It would be a very useful tool for us if they used a body like the PCC to update them on their circumstances”, Lucie Cave , the editor of Heat magazine said.

However, OK! editor Lisa Byrne warned: “Every celebrity might say, ‘No, I don’t want any pictures of my family ever again.’ Then it could cause a problem.”

Cave told the Leveson Inquiry there may be public interest in exposing the hypocritical behaviour of celebrities who are “role models”.

Giving an example of a celebrity who portrayed themselves as a “real family person” and went on to have an affair, Lucie Cave explained: “I think there obviously can sometimes be a public interest argument if a celebrity who is a role model for our readers does something that contradicts how they portray themselves.”

Cave conceded there was a “great difference between public interest and things that are interesting to the public.”

Cave, Byrne and  Hello! magazine editor Rosie Nixon were largely in agreement that once a celebrity had sold an aspect of their private life to the press, it did not mean they were now “open season”.

“I don’t think it’s fair,” Cave said, “it doesn’t mean everyone has a right to invade their private life.”

When asked about photos in this week’s issue of Simon Cowell on a yacht, Cave admitted the magazine did not seek his permission before publishing. “We know from Simon Cowell, he kind of enjoys the lifestyle that goes with his celebrity and he’s clearly playing up to the paparazzi,” she said.

Cave told the Inquiry that Heat magazine has received eight PCC complaints in 14 years, and rarely gets complaints from readers.

She also said her magazine’s picture desk would question an agency supplying photographs if it seemed they were taken in questionable circumstances. “Normally it’s glaringly obvious if there’s been an infringement of that celebrity’s privacy and we wouldn’t go anywhere near it.”

Nixon also defended her magazine, saying it “works directly with the stars every step of the way”. She added, “It’s a really honest, trusting, sort of relationship — we ultimately wouldn’t do anything to upset anyone.”

“We’re not in the business of printing salacious gossip,” Nixon said.

Byrne also said that a “a huge percentage” of OK! magazine’s stories came from “working directly with the celebrities”.

The Inquiry continues next week.

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