"I want this inquiry to mean something", not end up as "footnote in some professor of journalism's analysis of 21 century history." LJ Leveson in reply to A Rusbridger's submission to Inquiry.
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| Lord Justice Leveson |
From Guardian:
Here's a quick reminder of the four modules within this first year of the inquiry.
Module 1: The relationship between the press and the public and looks at phone-hacking and other potentially illegal behaviour
Module 2: The relationships between the press and police and the extent to which that has operated in the public interest
Module 3: The relationship between press and politicians
Module 4: Recommendations for a more effective policy and regulation that supports the integrity and freedom of the press while encouraging the highest ethical standards.
Witness list for this week (30th January to 2nd February) to be found HERE
Video Recordings of each day's proceedings HERE
Live Feed From Leveson Inquiry Site HERE
BBC Democracy Live Feed HERE
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Today's links to articles, info and comments relevant to the Leveson Inquiry (frequently updated) :
- From Guardian Live Blog: (10.15 a.m.)
Private investigator Glenn Mulcaire has lost his High Court appeal against orders that he cannot rely on privilege against self-incrimination in the phone-hacking proceedings.Our media correspondent, Lisa O'Carroll (@lisaocarroll), is at the high court and we will point you to her story when we have it.
Here is more from Press Association on Glenn Mulcaire's failed appeal on privilege against self-incrimination:
The private investigator at the centre of the phone-hacking scandal today lost his appeal against orders that he cannot rely on privilege against self-incrimination in the proceedings.
Glenn Mulcaire, who was jailed for six months in January 2007 for illegally accessing the voicemails of members of the royal household, challenged rulings that he did not have the right to refuse to say who asked him to intercept voice messages.
The orders were made in response to applications made by comedian and actor Steve Coogan and PR consultant Nicola Phillips in the run-up to their civil damages claims for breach of confidence against both News Group Newspapers (NGN) and Mulcaire, whom NGN had exclusively retained.
Three judges in the Court of Appeal, headed by the Lord Chief Justice, Lord Judge, refused Mulcaire permission to appeal their ruling, but granted a stay until 5pm on Monday pending an application for permission to the Supreme Court itself.
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Wednesday 1st February 2012
( Link to Hearing Day 34 HERE )
Today's Witnesses:
Lord Black (Press Board of Finance)
Colette Bowe (Ofcom)
Guy Parker (Advertising Standards Agency)
Ed Richards (Ofcom)
Statements to be read:
(Updated Witness List for Thursday 2nd February HERE)
Lord Black
Guardian Live Blog
Black: Editors' Code of Practice Committee is a sub-committee of PressBoF and not part of the PCC.
Black accepts it's not clear which publishers pay most into the Press Board of Finance (PressBof)
PressBoF entirely comprises press members, says Jay. Nationals pay 54%, regionals 39% and magazines 7%.
Schillings solicitors made suggestion on prior notification to avoid code breaches. Dacre as chairman said difficult to codify.
Jay asks about the Pressbof's chairman report from 2009.It describes the PCC as an "efficient and accessible regulator". Jay says that the general reflection is "supportive of the status quo". Lord Justice Leveson describes it as "rather self-congratulatory".
Lord Black contests that there has been "marked improvements" in press standards over the years.
He adds that in light of recent events self-regulation "is not a perfect mechanism and the industry fully recognises that".
National newspapers' cooperation with Pressbof had been "universal" until 2008 when Northern & Shell withdrew from the system, Black says.Black says he has never met an editor or proprietor "who would ever dream" of taking Private Eye to the PCC, after Leveson raises evidence given by Ian Hislop, editor of the satirical magazine, earlier this month.
[Black is talking as though Hunt's proposals are just going to happen without further consultation. Sounded a bit odd.]
Guardian Live Blog:
Lord Justice Leveson asks if Pressbof is looking for a PCC chairman to reform the industry or a chairman who is "first and foremost" an advocate of self-regulation.Lord Black says that there would be a "starting point" of a belief in self-regulation was important.
He describes Lord Hunt as "open minded" and points out that his proposals represent a "very dramatic shift" for the industry.
Pressbof exerts no control over the PCC, Lord Black says, other than promulgating its code and managing its funding."While there is a perception in some quarters that some form of control exists, that does not exist," he says.
Jay : we see a preponderance of Conservative peers wherever we look , suggests that might not create full public confidence
Black says PCC chairmanship is not a political appointment
Guardian Live Blog:
Lord Black is asked about a "preponderance" of Conservative peers on Pressbof and the PCC.
He does not accept that Tory peers exert a suprerior influence on the bodies, adding that the appointment of Lord Hunt, a Tory peer, was not a political one.
Black: There should be preponderance of serving editors on a self-regulatory committee. We could introduce a public element.
Black: Editors are the ones who understand real newsroom dilemmas and what code of practice needs to reflect.
Black: We will press on with the issues that were put to you and will keep in touch with the inquiry.
Guardian Live Blog:
Lord Black says there should be a preponderance of serving editors on the reformed self-regulatory committee.Lord Hunt's proposals – outlined yesterday – have the support of the industry as a whole, he says.
Lord Black says he was "surprised by some of the strength" of support for Lord Hunt's proposals, which he adds are "potentially painful" for the regional press.
Lord Justice Leveson says he will not sit back and consider himself redundant, reiterating that he wants a "system that works for everyone".
Black: I haven't spoken to Mr Desmond recently but Lord Hunt has been in touch. N&S eds and legal reps supportive at Dec meeting.
Black says next stage must be for PCC to move towards a model of a contract binding papers inc Express to PCC2.
Colette Bowe
Ofcom chairman Colette Bowe and CEO Ed Richards now up
Richards joined Ofcom in 2003. Formerly senior policy advisor to Tony Blair
Bowe was appointed to main board in 2008 and chair of Ofcom's advisory consumer panel in 2003.
Carine Patry-Hoskins going through statutory underpinning of Ofcom
Ofcom Chairman appointed by Secretary of State. CEO appointed by Chairman
P-H asks how Ofcom can be independent
Bowe: I was appointed following open competition by permanent secretaries, not ministers, advised from outside Parliament.
Richards says importance of independence is most prized characteristic of all of Ofcom
Bowe: We do not think it appropriate to have people actively engaged in industry as members of the board, because of conflicts.
Guardian Live Blog:
Bowe is asked whether the independence of Ofcom would be greater if the chief executive was not ultimately selected by the culture secretary.Bowe says: "In practical terms the answer is no."
A better model has never been proposed, she adds, and a "well-informed" parliamentary committee serves to hold the regulator to account for its decisions.
Bowe says they are held to account by Parliament NOT government & on their public duties. [NB newspapers don't have public duties]
Bowe: We undertake a large amount of research into what the viewing public wants.
Guardian Live Blog:
Ofcom determines high-quality broadcasting by measuring factors including the level of original British programming, Richards says.Bowe adds that the regulator will carry out research into Britons' interests and what 'high quality' means to them.
Richards: we need to find least burdensome way of achieving public interest objectives in non-intrusive way
Richards: We adopt least intrusive mechanism of achieving the public interest objective. Bowe: Our "touch" should be proportionate.
Richards of Ofcom - we don't ever intervene in advance of broadcast, would take you potentially into area of censorship
Guardian Live Blog:
Ofcom is a "post-broadcast regulator" and does not attempt to intervene with broadcasts before they are aired, Richard says.He is asked whether Ofcom should be able to intervene pre-broadcast.
"You are then into a very difficult territory which takes you potentially takes you into the area of censorship and suppression," he says. "I would feel extraordinarily uncomfortable discharging a duty of that kind."
Ofcom regulates BBC in relation to privacy rules
Richards: Audience expectation is now equally as important as any technological justification when it comes to licencing.
Richards: Press is technological and historically different to broadcast, although with digital environment this is changing.
Richards: Internet publishing world starts from different set of orthodoxies to broadcasting world
Richards says no formal guidance on meaning of F&P, but questions asked that form background of test
Richards says qu's include issues of criminality, propriety, past breaches. Plurality not involved in F&P test
Edwards: It wouldn't a be primary focus if a proprietor withdrew from a different regulator to them holding licence (eg Desmond).
Guardian Live Blog:
Richards is asked whether Richard Desmond could be described as "fit and proper" in the context of his withdrawal from the system of self-regulation for the press.There is a general catch-all which permits some discretion, he says, but adds: "I wouldn't want to say things of that kind could never be considered ... but it wouldn't necessarily be our primary focus.
Richards: license would not be revoked for single breach of code unless extreme
Richards on revoking licenses: don't like doing it, feel element of failure that we've reached this point
Richards is discussing the Bang media case, involving serious and repeated breaches of the code (48 breaches in 2009).
Guardian Live Blog;
Richards says revoking a license is not something Ofcom likes doing. The regulator feels a sense of "failure" if it has to revoke a licence because it means that the broadcaster has fallen through several of its boundaries.
He is asked about Bang media, the broadcaster the ended up having its license revoked. Richards says that Band media made 48 breaches in 2009.
Richards: They could have appealed to satellite operators or set up an internet TV service.
Richards: We've tried to simplfy code and ensure people ensure the principles of it.
Richards: There is a 'case law' of judgments that have developed and programme makers are very aware of these.
Guardian Live Blog:
Bowe says that the broadcasting code is an attempt to get away from a "box-ticking compliance culture".Journalists and programme makers should be encouraged to think about what they are doing, Bowe says, not whether they have ticked a box.
Richards: There is a 'case law' of judgments that have developed and programme makers are very aware of these.
Carine Patry-Hoskins asks Bowe and Edwards about public interest and privacy in broadcasting.
Guardian Live Blog:
The Ofcom pair are asked what legitimate justifications could be made for a breach of privacy.Richards says there should be a "clear public interest" justification but "not many" more.
Carine Patry-Hoskins asks Bowe and Edwards about public interest and privacy in broadcasting.
Richards: Primary expectations of a broadcaster is that privacy invasion has a clear public interest justification.
Richards makes a distinction between doorstepping someone in news and "aggressive and surprising" intervention.
Richards: Our focus is individuals affected but in exceptional circumstances we can initiate investigation from external complaint.
Richards: Some broadcasters feel this should be restricted but we wouldn't embark upon a case like this without consideration.
Richards: important for us as regulator to send clear signal that this sort of behaviour was wholly unacceptable
From Guardian Live Blog:
The inquiry has resumed. Richards suggests that the statutory role of Ofcom does not necessarily slow the regulator down when dealing with complaints.
Opponents of statutory regulation have argued that it would slow down the operation of a complaints-handling body.
But Richards says Ofcom can deal with complaints "relatively swiftly".
Richards says the Ofcom has to exercise its power "carefully and with due process" because of its ability to be challenged by judicial review.He adds that it is much more important "that there is respect for the decisions at the end of the process."
Richards: There is an obligation for broadcasters to keep records. We are able to require material as evidence.
Richards: The right of the complainant is not really a right if it costs a lot, the core activity is free at point of use.
Richards: In many cases we do not consider a sanction at all, just clarity that there has been a breach of the code.
Guardian Live Blog:
Richards is asked to what extent Ofcom's ability to fine has a "chilling effect" on broadcasters.He says that "it focuses the mind, has a reputational impact, has an economic impact and is a very effective deterrant". However, he does not believe it has a chilling effect on legitimate investigative journalism.
"There is no reason why the presence of a financial penalty should have an impact on good, investigative journalism," Richards says.
Bowe suggests that the inquiry read the Channel 4 newscaster Jon Snow's recent Cudlipp lecture in which he challenges the notion that statutory regulation has a harmful impact on good journalism.Richards adds that he disputes the idea that "robust investigative journalism" is impacted by statutory regulation.
Richards: We determine form, location and visibility of corrections and statements, and that is non-negotiable.
Now onto the Jonathan Ross comments about Margaret Thatcher during Cameron iv - lawyer doesn't repeat said comments
CPH asks about a standards case against Jonathan Ross's chat show, where he made comments about Margaret Thatcher to David Cameron.
Richards - Cameron went on Ross show knowing Ross is a provocative interviewer, was shown at 2330
Richards: Cameron went on programme voluntarily and was aware Ross is a provocative interviewer. Not case with Sachs/Bailey.
Bowe: Breach reports are extremely useful to people in indicating where the boundaries are for a working journalist.
Richards: Jon Gaunt case appealed under judicial review and rejected. Regarded Talksport interview in 2009.
CPH asks about a series of investigations into use of premium rate phone services on TV programmes 2006-8.
Patry-Hoskins: "I won't call this the phone hacking of Ofcom..although I just have."
Richards: There was an element of invisibility to it. I voted in some of these competitions and you did not had a clue.
Guardian Live Blog:
Richards and Bowe are asked about Ofcom's investigatory powers.Richards raises the TV phone-in scandal of 2007. He says that there was an "air of invisibility" about it but suddenly whistleblowers started exposing the practice to newspapers and Ofcom.
Richards: We used our investigatory powers to secure data from broadcasters - they were in full collaborative mode at that point.
Richards: Some were modest sums, others were highest fines we have ever levied in our history and involved millions.
Guardian Live Blog:
Richards says that Ofcom's investigatory powers meant that it could require witness statements and audit data from the broadcasters. The regulator then did a thorough inquiry into what had gone wrong."The outcome of that was this series of sanctions. Some were fairly modest, others were the highest fines we've levied in our history," Richards says.
He describes the sanctions as an "effective deterrant". The regulator then recast its relationship with broadcasters in relation to premium rate phone-in competitions, he says.
Richards says investigatory powers were total because they were statutory. Extremely effective, but limited to broadcasters.
Investigatory powers are key tool because broadcasters know we could use it; helps with compliance & record keeping by b'casters
CPH: Intervention notices served when BSkyB acquired 18% stake in ITV and proposed acquisition of BSkyB shares by News Corp.
Ofcom provided reports in these cases but did not make any decisions.
Richards & Bowe say govt is sympathetic to Ofcom view that system for monitoring media ownership is incomplete
Ofcom chairman Colette Bowe and CEO Ed Richards now up
Guy Parker
Parker has worked for the ASA since 1992.
Parker is stepping in for chairman Lord Smith, who is unable to attend the hearing.
ASA works by "persuasion and consensus" and has no legal or statutory powers.
Parker: The rules which appear in advertising codes are subject to full public consultation.
Parker: Majority of ASA council members are independent (8 of 12). Not allowed to have worked in advertising or marketing.
