Ethics training not the issue, academics tell Leveson Inquiry

A group of academics told the Leveson Inquiry today that there is no lack of ethics training for students on journalism programmes, and that the issue to address is newsroom culture.

Professor Steven Barnett, of the University of Westminster, said ethics were like a “stick of rock” running through modules taught. Brian Cathcart of Kingston University (and Index on Censorship blogger) added that, in offering ethics training, he and his colleagues sought to produce “not just journalists but reflective journalists who think about what they’re doing.”

Cathcart, also founder of the Hacked Off campaign, added that we’ve “come a long way”, noting he received no ethical training at the start of his career.

Head of journalism at City University, Professor George Brock, added that the key issue was the newsroom culture, which he said determined behaviour. Barnett added that it is impossible to teach someone how to deal with ethical problems on national tabloids. “It is a matter of individual moral courage,” he said.

Angela Phillips, of Goldsmith’s College, noted that many young graduates want to work for more ethical papers but get “trapped” due to higher salaries offered by redtops.

Lord Justice Leveson was keen to reiterate he was “not on a witch-hunt”, adding that he was “anxious to find out what has gone wrong in an industry in which there is an enormous amount that goes absolutely right.” Brunel University’s Julian Petley (also an Index on Censorship contributor), while noting that the term tabloid should not be a “dirty word”, was eager to differentiate between the redtops and broadsheets. He suggested it was time that “editors of ethical papers stop making common cause with editors of papers that have brought this Inquiry into being”, adding later that the Daily Mail “bullies” the government. Cardiff University’s Ian Hargreaves replied, “nice liberal broadsheets can be bullies as well.”

Both Petley and Phillips argued journalistic standards could be improved by a statutory right of reply and for offending newspapers to print adjudications.

Brock spoke in favour of rewriting privacy legislation, arguing that balancing Article 8 and Article 10 of the Human Rights Act had “not worked well”. He advocated legislation that protects private life while not chilling solid journalism, and called for a greater focus on public interest defences.

There was a consensus that the Press Complaints Commission needed reform, with Hargreaves arguing that robust regulation does “not come in the thickness of the armour, but in the cunningness of design.” Petley advocated a new regulatory process with a “limited” statutory backdrop and more investigatory powers, while Barnett suggested those who choose not to sign up to a new, independent self-regulatory system should pay VAT.

Petley added later that “journalism rarely recognises its own power”, while Cathcart and Barnett argued that the press had not been “caught up in the move towards greater accountability.”

“Public trust in journalism has been damaged,” Cathcart said, adding that any remedy “must be seen to be radical.”

The Inquiry continues tomorrow with evidence from former Information Commissioner Richard Thomas.

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

Can phone hacking ever be justified in the public interest?

Can phone hacking ever be justified in the public interest? The Guardian’s investigations editor told the Leveson Inquiry today that in rare cases it could be.

David Leigh said the one occasion he did hack the phone of a businessman was a “minor incident” that seemed “perfectly ethical”. He said, “I don’t hack phones, normally. I’ve never done anything like that since and I’ve never done anything like that before.”

Referring to his admission in a 2006 article, Leigh described that the businessman in question had inadvertently left his PIN on a printout, allowing Leigh to dial straight into his voicemail. In the same article Leigh confessed to “a voyeuristic thrill” in hearing another person’s private messages, but added that, unlike the hacking of phones of members of the royal family carried out at the News of the World by Clive Goodman and Glenn Mulcaire, his aim was to expose bribery and corruption, not “witless tittle-tattle.” He added, “unlike the News of the World, I was not paying a private detective to routinely help me with circulation-boosting snippets.”

Leigh also admitted to blagging, having telephoned Mark Thatcher, pretending to be an arms company executive to prove the pair knew each other and had entered into a business deal together. “I give that as an example of when the use of subterfuge is okay,” Leigh said.

Public interest, he said, was the “compass” for journalists, although the boundaries are unclear and judgments on whether to pursue certain stories must be made on a case-by-case basis. When asked about obtaining documents illegally, such as in the case of MPs’ expenses being exposed, Leigh said he believed the “overwhelming” public interest meant the Telegraph was “right to do what it did”.

Leigh went on to highlight the differences between broadsheets and tabloids, arguing that the latter are “incapable of self-regulation.” He said he would be in favour of abolishing the PCC, which he called a “fraud and bogus institution” that works largely to keep the government and royal family off the back of the popular papers.

He argued in favour of punitive damages, which he said would act as a more effective deterrent than Max Mosley’s proposed method of a prior notification system. “Prior restraint,” Leigh said, “is another word for censorship.”

Also speaking today was filmmaker Chris Atkins, who described selling fake celebrity stories to tabloid newspapers. “We called them up, gave them fantastical lies and they wrote them down and published them the next day,” he said, noting one of their most successful, which was featured in the Sun, that claimed Girls Aloud star Sarah Harding was a fan of quantum physics.

Atkins asserted the quote featured in the piece was fake, despite the paper contesting it was from Harding’s PR. Atkins called it a “remarkable coincidence.”

Atkins also described approaching four tabloids with a potential story about celebrity medical secrets, indicating he could provide records. While the Sunday Express deemed it a “legal minefield”, the Sunday People and Sunday Mirror showed interest.

He argued journalists should be disciplined for trying to buy medical records, adding that the Mirror’s reporter in question, Nick Owens, may not have gone on to write a libellous article for the Sun about wrongly arrested Bristol landlord Chris Jefferies had he been punished while at the Mirror.

“Newspapers understand one thing: money,” Atkins said. “The PCC ajudications are as good as meaningless really in terms of correcting mistakes.”

Charlotte Harris, a solicitor for phone hacking victims, was also in the witness box today. She said it was “incredible” and “obstructive” that News International had placed her under surveillance, along with fellow victims’ lawyer Mark Lewis. Farrers, NI’s lawyers, had been suspicious that Lewis and Harris were exchanging confidential information gained from acting for claimants. To then hire a private investigator to survey her, rather than approaching the her firm, Harris said, was the “wrong approach.”

“You shouldn’t have to be suspicious of your opponents in that way,” Harris said, claiming that surveillance “got in the way.”

Also providing evidence was Welsh sales manager Steven Nott, who in 1999 tried to alert the British press and authorities to insecure voicemail systems. Nott said that, during a network outage, Vodafone customer services had told him he could access his own voicemail from another phone by entering a default code. Concerned about the ease of intercepting voicemails, Nott then contacted Oonagh Blackman at the Daily Mirror, who tested the method herself and indicated the story would be published. Nott said he received £100 for the tip, but the story was never printed.

Nott accused the paper of keeping phone hacking methods for their own purposes, adding that Blackman had threatened him with court action if he divulged that he had passed on the information to them.

Alerts he made to the Department of Trade and Industry, the Home Office and HM Customs and Excise also went unheeded, he said.

The hearing continues on Thursday with evidence from various academics.

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

This morning at the Leveson Inquiry – 05/12/11

The former Deputy Information Commissioner told the Leveson Inquiry today that he did not recollect telling an investigator in Operation Motorman that the press were too big to take on.

Francis Aldhouse said this was not his view and he did “not fear the media”.

In his testimony to the Inquiry last week, former investigator Alec Owens claimed that, when he had alerted Aldhouse to the documents seized from private investigator Steve Whittamore’s home that revealed the extent of the press using private investigators, Aldhouse had told him the press were too big for the ICO to take on.

Aldhouse refuted the claims, telling the Inquiry that he did not recollect the meeting Owens, or hold the view that the media were too powerful. He said he had been happy to negotiate with the press in the past.

He added that he believed there had been a case for involving newspapers and journalists further in the Operation. He said he was “disappointed, but not surprised” to have apparently not been
consulted by his colleagues on the involvement of journalists.

He said had he been asked at the time, his view would have been that “we really ought to find a way to pursue this.”

Pressed by the Inquiry, Aldhouse said he did not recall any discussions regarding the way forward of the Operation, which he deemed one of the ICO’s “largest”. He said decisions made not to prosecute the press were done so by the Information Commissioner himself, adding that discussions he had with him were only “casual”.

The Inquiry was also shown potentially damning evidence given to the ICO by a senior lawyer in 2003. The counsel’s advice read that “many if not all of the journalists involved have committed offences”, and went on to say that the “overwhelming inference is that several editors must have been well aware of what their staff were up to and therefore party to it.”

The counsel’s advice also prioritised enforcement over the prosecution of journalists, to give a chance for the Press Complaints Commission to “put its house in order”.

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

Leveson testimony goes from comic to tragic

Over the past ten days, Lord Justice Leveson has been overseeing an Inquiry that resembles more a daytime chat show than the first public examination into the standards and ethics of the British press in thirty years.

There have been some memorable moments: ex-Formula 1 boss Max Mosley claiming Daily Mail editor Paul Dacre was “completely naive about sex”; we learned Hugh Grant‘s middle name is Mungo; and on two occasions — to the  horror of the the press gallery —Leveson admitted he had not read the morning papers.

But the comedy gold of the Inquiry surely came from Paul McMullan. Those watching sat agog as the News of the World deputy features editor ran through his life as a tabloid hack. He told us stories of pretending to be “Brad the rent boy” to expose a priest — “there’s two of us, in our underpants, running through a nunnery at midnight after getting the priest…it was such fun” — he admitted he “loved giving chase” to celebrities (“fun” before Princess Diana died, he said); he had tried and failed to hack David Beckham’s phone; he claimed “circulation defines the public interest”; and, in a quote he’ll now forever be associated with, affirmed that “privacy is for paedos.”

Then there was his solemn regret for having discovered actor Denholm Elliott’s homeless and drug-addicted daughter begging outside Chalk Farm tube station, took her to his flat, photographed her topless and turned it into a News of the World splash. She later killed herself.

Blend these two and you get an Inquiry that has been a cocktail of surreal, intense, sometimes hilarious, and at other times haunting.

In the first week of evidence, it was at times impossible not to feel a sense of guilt for being a journalist, as witnesses gave example after damning example of press intrusion, harassment and, in some cases, indefensible and vile exploitation. In a raw, 30-minute account, the Dowlers recounted the moment they managed to get through to their missing daughter Milly’s voicemail, leading them to believe she was alive. It was only nine years later, this year, that they were told the reason they had managed to was because Milly’s voicemail messages had been hacked and deleted to make room for new messages to come through. She was almost certainly dead at the time.

How bizarre it was to have that chilling testimony juxtaposed with Hugh Grant’s lengthy afternoon account of press intrusion, sprinkled with his wit and movie-star charm.

As the first week drew to a close, paparazzi emerged as the villains. Sienna Miller described being chased down her street by 10 photographers —- “take away the cameras,” she said, “and you’ve got a pack of men chasing a woman”. Sheryl Gascoigne recalled driving to a police station to chase off a paparazzo who was following her, only to be told nothing could be done. JK Rowling had more than one tale of being long-lensed while out with her family, with her daughter, then aged eight, being snapped in her swimsuit. These photos were later printed in OK! magazine. An image, she said, “can spread around the world like a virus”.

It was hard not to sympathise with the witnesses as they doled out story after story of questionable press standards, reminding us of the worst of the trade to which we belong and have cultivated, seemingly limitless in its desire to get just one shot.

This reminder turned into guilt with the stories of ordinary people. The pain of the McCanns was almost palpable: a couple, desperate in the search for their missing daughter, being accused in the papers more than once of killing her and freezing her body. The wrongly arrested Bristol landlord Chris Jefferies described how, in a matter of days, the British media’s distorted coverage had “vilified” him and left him “effectively under house arrest.” And there was the haunting revelation by the Watsons, whose remaining son had killed himself and was found clutching copies of the articles that had, they said, defamed their murdered daughter.

That the Dowlers in particular remained balanced, conceding that the press had been helpful in spreading information about their missing daughter, made the tabloid pill an even more bitter one to swallow.

As journalists took to the witness box, we were been doled out sizeable home truths about the British press, elements of which Alastair Campbell deemed “putrid”. He slammed the Daily Mail for  a “culture of negativity”, where speed and ideology reign supreme. Former tabloid hack Richard Peppiatt portrayed a tabloid culture of bullying, fabrication and agenda-setting more intent on delivering impact than seeking truth. And then there was McMullan, who revealed his editors did indeed know about phone hacking and were “scum” for denying it.

The PCC was criticised throughout the Inquiry, notably for its failure to investigate phone hacking in 2009 or mitigate in the coverage doled out to the McCanns. JK Rowling called the regulator “a wrist-slapping exercise at best”. Libel was also repeatedly highlighted as something for the “rich”.

Various solutions that were offered included a public interest advisory body to help guide reporters; a regulator with the power to issue fines and impose sanctions; and a league table of newspapers to see which ones adhered to a code of conduct. A cheaper and more accessible system in which it would be possible for libel or privacy cases to heard in county courts, not just the high court, was also suggested. Unsurprisingly, Max Mosley championed a policy of prior notification to warn people before publishing stories exposing their private lives.

The past ten days of revelations, criticisms and potential solutions hammered home the quandary Leveson has on his hands: how to avoid infringing free speech — “the cornerstone of democracy”, to quote Hugh Grant — while finding ways to restrain further bad behaviour in the British press. Listening to Nick Davies’ account alone, recounting a history of rigorous and meticulous reporting, we were reminded that it was an act of brilliant journalism that exposed an act of putrid journalism; and it is of credit to this Inquiry that it is giving those on the receiving end a rare platform to criticise the redtops.

But there is far more to come. Before Christmas we will hear from the former information commissioner, a solicitor for phone hacking victims, and News International. In the new year editors and proprietors will take to the witness box to face the accusations of unethical behaviour they have received.

McMullan may have set the entertainment bar high, but what will go on in court 73 is set to be no less intense than ten days just passed.

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