20 Jan 12 | Leveson Inquiry
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]
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19 Jan 12 | Leveson Inquiry
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
18 Jan 12 | Leveson Inquiry
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.
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17 Jan 12 | Leveson Inquiry
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.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
