24 Nov 11 | Leveson Inquiry
A litany of complaints and revelations at the Leveson Inquiry today concentrated on the contentious issue of the level of privacy those in the public eye can reasonably maintain.
It was a marathon session, and in a sobering testimony that took up much of the afternoon, Harry Potter author JK Rowling said she felt “under siege” by the press, listing a slew of incidents in which she and her family had been covertly photographed and followed by reporters.
She accused the press of putting her family under surveillance for their “amusement”, noting how photographers had camped outside her home. After a photo had been published of her house number and street name, Rowling was forced to move, saying it was “untenable” to stay at that address.
Rowling said protecting her children’s privacy was crucial. “A child, no matter who their parents are, deserves privacy”, she said, adding that she and her husband had gone to great lengths to prevent their children from being photographed or targeted.
She spoke of feeling “invaded” having found a note in her daughter’s schoolbag addressed to her from a journalist. On another occasion, a reporter had contacted her daughter’s school, telling the headmaster the girl had upset other pupils by telling them Harry Potter dies in the final book. Rowling said her daughter had not done so, and was made out to be a “bully”. Photographs of her daughter, then aged eight, in a swimming costume also appeared in OK! magazine.
Rowling passionately defended the occasions when she had spoken openly about her personal life. “Our cultural life would be greatly diminished if creative people not allowed to say where they received inspiration,” she said, noting that she had openly discussed having suffered from depression, and had received letters of support in return.
Ex-Formula 1 boss Max Mosley, who sued the News of the World in 2009 for breach of privacy, also gave evidence today, reiterating his staunch campaign for reform in celebrity privacy laws.
Mosley was at the centre of a 2008 News of the World splash which falsely reported him taking part in a “sick Nazi orgy” with five prostitutes.
He said that when he challenged the story, “the entire resources of News International were deployed to destroy me.” He described that, when he took the paper to court, their response to send a film of him taking part in an alleged sado-masochistic orgy to the governing body of world motorsport, the FIA. He then launched legal action against the tabloid, receiving £60,000 in damages for breach of privacy.
During his lengthy account, he dismissed the Sun headline ‘The Day Freedom Got Spanked’ in response to his case as “typical of gutter press.” Responding to Daily Mail editor Paul Dacre’s accusation of Mosley being “guilty of unimaginable depravity,” the ex-motorsport boss said “it reflects badly on his [Dacre’s] imagination.”
Mosley reaffirmed his case for newspapers adopting a prior-notification policy to warn people before publishing stories exposing their private lives. “Once information is made public, it can never be made private again,” he said. “The only effective remedy is to stop it becoming public.” In May 2011, Mosley lost his bid impose a legal duty of prior notification, with the European Court of Human Rights ruling that such a system would have a “chilling effect” on the press.
Mosley also veered into the contentious territory of policing content online, noting that search engines such as Google “could stop a story appearing, but don’t or won’t as a matter of principle.”
“The really dangerous thing is the search engines,” he said, to which Leveson responded: “That’s part of the problem.”
Mosley is currently taking litigation action in 22 countries and suing Google in France and Germany. He added he is considering bringing proceedings against the search engine in California in an attempt to remove certain search results.
Also appearing today was actress Sienna Miller, who described how she had been verbally abused and spat at by photographers, who had on occasion chased her down the street. “I felt like I was living in some sort of video game,” she said, noting that the press intrusion and surveillance left her in a state of “complete anxiety and paranoia.”
Miller, who has taken out a court order against the paparazzi, revealed she had accused friends and family of having leaked stories to the press. She later learned she and her friends had been victims of phone (and in Miller’s own case, email) hacking, and that private investigator Glenn Mulcaire had “created a project” under her name. “It’s unfathomable to feel like they [the press] can justify doing this,” she said.
Her lawyer, Mark Thomson, was also in the witness box today, primarily discussing regulation. He accused the Press Complaints Commission of wearing “too many hats”, and that an improved body “with a few extra teeth” would not work.
He said an effective regulator would need to deal with all news gatherers, including freelance photographers. As for the grey area of regulating content online, Thomson said: “bloggers are best ignored until they reach a critical mass of attention in the newspapers.”
He added that redtops and tabloids do not want the PCC to be effective. “As long as it exists, this kind of activity will go on, he said.”
The Inquiry will continue on Monday, with evidence from Chris Jefferies, Anne Diamond, Charlotte Church, Jane Winter and Ian Hurst.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson.
16 Nov 11 | Leveson Inquiry
The solicitor representing hacking victims attacked Britain’s tabloid press today as he pledged to unmask the “tawdry journalistic trade” at the third hearing of the Leveson Inquiry.
David Sherborne, who is representing 51 core participant victims, gave a powerful and emotional account of how murdered teenager Milly Dowler’s phone was hacked by the News of the World. He called the act one of “cruelty and insensitivity” and said that Dowler’s parents will testify of the euphoria they felt when the deletion of their daughter’s messages meant they thought she was alive.
Sherborne questioned News International’s earlier claims that hacking was limited to one rogue reporter, adding that there was a cover-up at the newspaper over the extent of the practice, and that there was a concerted effort after the event to “conceal the ugly truth from surfacing.”
He said the paper’s former glory has been so “fatally befouled by its cultural dependency on the dark arts”, giving journalism a bad name.
But phone hacking was, Sherbone said, “just one symptom” of a disease afflicting Britain’s tabloid press. He called the red-tops’ treatment of the parents of Madeleine McCann, he little girl who went missing in Portugal in 2007, “a national scandal”. He noted that Kate McCann’s diary that was given to Portuguese police was published by the News of the World and left her feeling, in her husband’s words “mentally raped”.
He also attacked the reporting of the arrest of Christopher Jefferies, the landlord of murdered Bristol woman Joanna Yeates who was later released without charge and cleared of any involvment of any involvement in her death. Reading out a range of damning headlines referencing Jefferies, Sherborne accused the press of a “frenzied campaign to blacken his [Jefferies’] character, a frightening combination of smear, innuendo and complete fiction”,
Sherborne said such stories were printed to “make money, not solve crimes”, and that none of them had a public interest defence. Earlier this year, both the Daily Mirror and the Sun were fined for contempt of court for articles published about a suspect arrested on suspicion of Yeates’ murder.
The Dowler family, Gerry McCann and Jefferies will all give evidence to the Inquiry next week.
Sherborne also made the case for respect to individual privacy, saying it was “as much a mark of a tolerant and mature society as a free and forceful press.” He condemned tabloid culture of kiss-and-tell-stories, citing reporters’ invasions into the lives of JK Rowling, Charlotte Church, Max Mosley, Sheryl Gascoigne and Hugh Grant, all of whom will be giving evidence in the coming weeks.
In a recent development, Sherborne added that the mother of Hugh Grant’s child had received abusive phone calls because the actor had criticised the press. She was allegedly told to “tell Hugh Grant to shut the fuck up”. Sherborne said that last Friday he had to seek an emergency injunction on behalf of a woman who just had the actor’s baby, the real reason for which being the threats she had received.
Sherborne said he was calling for “real change.”
Earlier in the day, the National Union of Journalists’ general secretary Michelle Stanistreet painted a stark picture of journalistic life in the UK, with an omnipotent editor, a slew of relentless pressures, and “brutal” consequences for reporters who did not deliver stories. She said a culture of fear among journalists inhibited them defending fundamental and ethical principles, and that speaking out publicly was “simply not an option” for fear of losing their jobs.
Referring to one of the Inquiry’s key questions raised by Lord Justice Leveson earlier this week, Stanistreet argued that the protection of journalists by way of a trade union could help “guard the guardians” and promote ethical awareness.
Following her, Guardian editor Alan Rusbridger made the case for a stronger Press Complaints Commission that must have the power to intervene, investigate meaningfully and impose significant sanctions. Unimpressed by how the PCC handled phone hacking, Rusbridger argued in favour of a press standards and mediation commission, a “one-stop shop” that is responsive, quick and cheap. He added that the industry needed to establish a public interest defence that could be agreed upon and argued for.
Leveson agreed on the value of a “mechanism being set up that benefits all”, but questioned how to persuade those who do not subscribe to the PCC that it is a sensible approach.
Sherborne, however, vowed that his victims’ evidence will show “how hopelessly inadequate this self-regulatory code is as a means of curbing the excesses of the press.”
While conceding he, his clients and Rusbridger may agree on strengthening the PCC, Sherborne also quoted a client who claimed that leaving the PCC in the hands of newspapers would be tantamount to “handing a police station over to the mafia.”
The Inquiry will continue with evidence from victims on 21 November.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson.
08 Nov 11 | Uncategorized
Interesting news from Paris, where motorsport boss turned privacy campaigner Max Mosley has had mixed results in his cases against News Group and News of the World reporter Neville Thurlbeck.
Unsurprisingly, Mosley won his privacy case against the publishers of the (dear, departed) News of the World. France is well known for the primacy given to privacy by its courts, so if the Mosley story (quick recap: video of him indulging in S&M games with prostitutes), was ruled to be a breach of privacy in London, it was almost certain to be a breach of privacy in Paris.
Interestingly, however, Mosley lost his case against NotW reporter Neville Thurlbeck (he of the infamous “for Neville” email at the heart of the News of the World phonehacking scandal) on the grounds that Thurlbeck could not be held responsible for the distribution of the newspaper in France.
So who exactly would be liable for a libel suit in this case? The publisher? The distributor? The lorry driver?
For some background on the case, read Ian Burrell (may contain traces of me).
01 Nov 11 | Leveson Inquiry, Uncategorized
The celebrity trend of taking out injunctions to prevent publication has calmed, according to some of Britain’s top editors. Giving evidence at the joint Committee on Privacy and Injunctions yesterday Alan Rusbridger, Guardian editor; Ian Hislop, editor of Private Eye; John Witherow, editor of the Sunday Times and Jonathan Grun from the Press Association, explained that he felt the balance between freedom of expression and privacy has been restored.
Speaking at the committee, Hislop called the lull in injunctions an “outbreak of sanity,” whilst John Witherow said superinjunctions had been “scattered around like confetti,” and added that the mood now seems to have changed. Hislop attributed the decline to a number of “spectacular own goals” and said the “worrying” trend had caused a “real chilling effect” on free speech. Witherow agreed, and cited the recent case of Jeremy Clarkson as a deterrent.
Following the recent press scandals, Grun explained: “All of the furore we’ve had with super injunctions and phone hacking has created a distorted lens on the media.”
Grun added: “It does misrepresent the day-to-day activities of hundreds of newsrooms across the country. In newsrooms across the country journalists take decisions beneath the radar but those decisions tend to guard the privacy of what you would describe as ordinary people.”
When asked if declining sales was the reason behind the publication of sensationalist articles, all of the editors disagreed. Hislop said “printing the truth is the way to sell papers,” whilst Grun advised that “accuracy underpins everything we do at PA.” Rusbridger added that using “commercial consideration” when deciding whether to run a story is dangerous.
He explained: “If you’re going to lessen standards or become lax because you think that’s a route to better sales, it’s a slippery slope.”
Similarly, the editors all agreed that defining the public interest for editorial decisions was clear, with Hislop adding that it comes down to “common sense.”
Ian Hislop suggested that “the libel business dried up, and privacy became the next avenue,” whilst Rusbridger named the breach of confidence as his biggest issue as a newspaper editor, describing it as an “ever present threat” which can hit you, commenting “I’m much more worried about confidence.”
But the editors added that it was unclear how many injunctions still stood. Witherow said: “We may never know how many stories have not been covered, or how many people who have been up to no good will sleep a little easier.”
Earlier in the day, Joshua Rozenberg, a legal commentator and journalist; Professor Steven Barnett, Professor of Communications at Westminster University and Professor Brian Cathcart, founder of the Hacked Off campaign and professor of Journalism at Kingston University, also gave their evidence to the committee.
Alice Purkiss is an editorial assistant at Index on Censorship
