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The continuing debate over press regulation in the UK has raised a question over what constitutes “news”, “news-related material”, and even a “blog”.
No one’s quite been able to nail down these terms (though Lord McNally did offer the notion that you know a blog “when you see it” during a parliamentary debate earlier this week).
Caught up in this conundrum are the so-called “hyperlocals” – neighbourhood websites providing a mix of news and comment for particular locales.
My own er, local hyperlocal, the Kentish Towner, is a great example of the genre, providing a mix of lifestyle, lists and occasional news. South of the Thames, the slightly more newsy Brixton Blog does a similar job (interestingly, both have launched print editions).
It is not just status under regulation that is of interest here: there is also the question of whether hyperlocals get to enjoy the same access to local politics and administration that newspapers do.
This issue was brought to light recently in the case of blogger Jacqui Thompson. The libel case itself was interesting, but more interesting was the question raised, after Thompson was removed from the chamber by police for refusing to stop filming, as to whether she had the right to film in the council chamber.
This was not the first instance of this controversy. In 2009, Jersey politicians proposed that “members of the public will not be permitted to take any form of footage”, adding that “Only those people working professionally for a recognised commercial media organisation who can identify themselves as such will be permitted to take footage of proceedings held in public”. The proposal was eventually dropped.
These moves seem to be counter to recent trends such as the increasing permission to allow live tweeting from court proceedings both by members of the press and the public.
Is there an easy solution? Livestreaming of all local government proceedings might seem to be the way forward, but some might argue that this would hand over control over footage to the authorities.
As traditional media models collapse, and more and more people feel the right, even the necessity, to record every detail of public and even private life, this is a question that will reappear again and again.
Padraig Reidy is Senior Writer at Index on Censorship. @mePadraigReidy
In response to this week’s deal on press regulation, Index on Censorship chief executive Kirsty Hughes said:
“Index is against the introduction of a Royal Charter that determines the details of establishing a press regulator in the UK — the involvement of politicians undermines the fundamental principle that the press holds politicians to account. Politicians have now stepped in as ringmaster and our democracy is tarnished as a result.”
She also said:
“The fact that this requirement is now being applied to all Royal Charters is a rushed and fudged attempt to pretend this is not just a press law; it resembles precisely the kind of political manoeuvring we see in Hungary today – where the government is amending its own constitution through a parliamentary vote undermining key principles of their democracy.
In spite of David Cameron’s claims, there can be no doubt that what has been established is statutory underpinning of the press regulator. This introduces a layer of political control that is extremely undesirable. On this sad day, Britain has abandoned a democratic principle.
But beyond that, the Royal Charter’s loose definition of a ‘relevant publisher’ as a ‘website containing news-related material’ means blogs could be regulated under this new law as well. This will undoubtedly have a chilling effect on everyday people’s web use.
Bloggers could find themselves subject to exemplary damages in court, due to the fact that they were not part of a regulator that was not intended for them in the first place. This mess of legislation has been thrown together with alarming haste: there’s little doubt we’ll repent for a while to come.”
In addition to issues over damages, there have been further problems raised about apologies. Index’s News Editor Padraig Reidy said:
“There are also concerns about the proposed regulator’s power to “direct” the placement of apologies.
Again, this is “Leveson compliant” — the Lord Justice himself stated “The power to direct the nature, extent and placement of apologies should lie with the Board”.
This is also really problematic, suggesting as it does that a Quango can determine what is and isn’t published in newspapers, and where. This may seem angel-on-pinhead stuff, but there is a world of difference between “direct” and “require”. While apologies may be desirable, it’s simply not safe to give an external power with state underpinning the power to tell editors what to put in papers. Forced publication is a sinister perversion of free expression, and has no place in the British press or anywhere else.”
The proposed powers of a new regulator seem unworkable, says Padraig Reidy
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Dear Friends
There has been some important news today. An agreement has been struck to remove the ‘Leveson’ amendment to the Defamation Bill. This is welcomed news. All of your letters to MPs and the Prime Minister have made it clear why the Defamation Bill matters, and why it must not be caught up in the debate about press regulation. Thank you so much for taking up the cause so actively.
We are still waiting for confirmation that the Defamation Bill will be back before Parliament in the next couple of weeks, so if you haven’t written to your MP or the Prime Minister already, could we urge you to do that now?. We also have much to do to make sure that all MPs (and especially those who joined Parliament in 2010) know about the injustices that gave rise to the Bill. We are meeting with as many as we can to talk about ending libel tourism, the hurdle of “serious harm” to prevent vexatious cases, restrictions on corporations suing individuals and a new public interest defence.
As soon as we have further information about a timetable for the Defamation Bill returning to the House of Commons we will let you know.
Best wishes,
Síle and Mike