PCC funder backs fines

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.

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

Ofcom revokes Press TV’s UK licence

Ofcom has revoked the UK licence of Iranian broadcaster Press TV. In December Press TV was fined £100,000 for broadcasting a 2009 interview with journalist and filmmaker Maziar Bahari, who was then being held in Evin Prison. Press TV has failed to pay the fine. Ofcom also concluded that the station, which featured shows presented by figures such as George Galloway, Yvonne Ridley and Ken Livingstone, was controlled from Tehran, a breach of UK broadcasting regulations.

Maziar Bahari on Press TV Ofcom fine

After four months of deliberation, Ofcom has fined Press TV £100,000 for broadcasting its interview with the journalist and filmmaker Maziar Bahari in 2009. In October, Press TV was reporting that it was in danger of losing its licence, bizarrely blaming the threat on the royal family. Instead, just as the UK faces a crisis in its diplomatic relations with Iran, following the attack on the Tehran embassy this week, it receives a hefty fine. Considering the serious nature of its breach and the feverish circumstances, it seems a relatively mild punishment. The BBC was fined £150,000 after the Brand-Ross debacle.

The broadcaster faced sanctions following its broadcast while Maziar Bahari was being held in Evin Prison. Bahari had been detained for 118 days following the elections that summer, which he was reporting for Newsweek. He was held in solitary confinement, subjected to beatings and forced confessions, and accused of spying and threatened with the death penalty. Index on Censorship took part in an international campaign for his release.

The interview was filmed in prison, under extreme duress and without Maziar Bahari’s consent. Nor were the circumstances in which the interview was conducted made clear to viewers. In July, Ofcom judged Press TV’s conduct to be “serious and deliberate” breaches of its code, describing the broadcast as an “unwarranted infringement of Mr Bahari’s privacy”. The regulator observed that Press TV had failed to obtain Maziar Bahari’s consent “while he was in a sensitive situation and vulnerable state”.

“If this was just a personal issue I would not have bothered pursuing it,” Maziar Bahari told Index. “But it is something that happens to other people on a daily basis. I have friends who were arrested in Iran and they are forced to make televised confessions on different channels. Unfortunately we cannot lodge a complaint against other channels of the Iranian government, so that’s what motivated me to do it.”

Maziar Bahari had hoped that Ofcom would deprive Press TV of its licence to broadcast on Sky cable. However he believes that the fine, along with Ofcom’s demand that Press TV’s head office in Tehran, rather than London, should be in control of its licence to broadcast, will have a significant impact on its future in the UK.

“I think Press TV will be under a lot of pressure,” he said. “It will either be shut down or will have to modify its programmes.”

The Communications Act 2003 requires that a licence is held by the body that is in effective control of the TV service. While Ofcom was deliberating on sanctions, evidence came to light that it was the Tehran office that was in effective control of broadcasts rather than the London-based body that holds the Ofcom licence. Press TV now has 35 days to bring the service back into compliance by applying to transfer the licence to the correct body.

“Press TV always said ‘it’s not us, we’re just the programme makers’,” says Maziar Bahari. ‘This move denies them that excuse.”