LEVESON INQUIRY:CULTURE, PRACTICE AND ETHICS OF THE PRESS
"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. |
| Lord Justice Leveson |
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 behaviourModule 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 politiciansModule 4: Recommendations for a more effective policy and regulation that supports the integrity and freedom of the press while encouraging the highest ethical standards.
Leveson Inquiry Witness Statements HERE
Witness list for this week (6th - 9th 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
Guardian Live Blog
Telegraph Live Blog
BBC News Leveson Inquiry Page
#Leveson Twitter Feed
Dan Sabbagh (Guardian Journalist) Twitter timeline
Ben Fenton (Journalist FT) live Leveson tweets and comments
Live Blog - Hacking Inquiry - Hacked Off
Telegraph Live Blog
BBC News Leveson Inquiry Page
#Leveson Twitter Feed
Dan Sabbagh (Guardian Journalist) Twitter timeline
Ben Fenton (Journalist FT) live Leveson tweets and comments
Live Blog - Hacking Inquiry - Hacked Off
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Today's links to articles, info and comments relevant to the Leveson Inquiry (frequently updated) :
- Dacre Says Murdoch Press Support Allowed Iraq War - Press Gazette
- A Badge of Good Journalism: We Need 'Kite Mark' For Press Standards, Mail Editor Tells Leveson - Mail Online
- BBC News - Daily Mail Editor Paul Dacre 'Knew of Use of Detectives'
- BBC News - Leveson Inquiry: Police Reveal 'Likely Victim' Numbers
- Zelo Street: Leveson - Return of the Sweary Man (Part 1)
- Paul Dacre: Leveson Quotes - the Media Blog
- Times Editor James Harding Reappears Before Leveson - Telegraph
- Met Expands 'Sun' Corruption Inquiry as Files handed Over - Independent
- Paul Dacre - The Ferguson of Fleet Street - Rides the Tackles - Michael White Sketch - Guardian Media
- Independent Backs Paul Dacre's Press Card proposal - Editors' Blog - Journalism.co.uk
- Daily Mail Editor Paul Dacre to be Recalled to Leveson Inquiry - Telegraph
- From Guardian Live Blog 12:32 p.m.
Here is a little more from PA on developments in the phone-hacking case at the high court this morning:
The Metropolitan Police Service today accepted at the high court that failure in 2006 and 2007 to warn victims and potential victims of phone hacking was unlawful.
News of the acceptance that it had "breached a legal obligation" came as two judges in London heard that a number of claimants – including former deputy prime minister Lord Prescott – had settled judicial review proceedings brought against the Met over "failures to warn victims".
Lord Justice Gross and Mr Justice Irwin were told that the two sides had reached agreement by Hugh Tomlinson QC, representing Lord Prescott, ex Met police deputy assistant commissioner Brian Paddick, actor Jude Law's personal assistant Ben Jackson, MP Chris Bryant and an anonymous individual known as HJK.
- US Authorities Looking Into Murdoch Foreign Payments - Reuters
- BBC News - Met Police Failed to Warn Victims
- Buscombe Expresses Regret Over PCC Phone-hacking probe - Journalism.co.uk
- Leveson Recalls Paul Dacre Over Hugh Grant 'Mendacious Smears' Claim - Guardian Media
- Tabloid Watch - 'The Exact Outfit She Had on the Day Before' (article in Mail Online)
- BBC News - Leveson Inquiry: Press Watchdog Made a Scapegoat'
- From Guardian Live Blog: 2:21 p.m.
Financial Times media correspondent Ben Fenton has just tweeted the paper's statement on Buscombe's claim that it threatened to leave the PCC over an adverse adjudication.
"The FT has never complained to the PCC about adverse adjudications nor threatened to quit the PCC because of rulings against the newspaper"
— Ben Fenton (@benfenton) February 7, 2012
- From Guardian Live Blog: 2:49 p.m.
The PCC has just sent us this statement on Buscombe's evidence:Baroness Buscombe was giving a personal recollection of her conversations and experiences whilst at the PCC, during her evidence at the Leveson Inquiry this morning.
The PCC has not received any formal proposals from these publishers to withdraw from the system in recent years.
- Buscombe 'Regrets' PCC Phone-hacking Report - Free Speech Blog
- James Harding: Times DID Hack Email to name Nightjack - Press Gazette
- Buscombe's Leveson Broadside Against Press Owners - Press Gazette
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Tuesday 7th February 2012
( Link to Hearing 37 HERE )
Today's Witnesses:
Baroness Buscombe ( ex-PCC ) Colin Crowell ( Twitter )
James Harding ( Editor, the Times ) Recalled by LJ Leveson
Dominic Mohan ( Editor, the Sun ) Recalled by LJ Leveson
Gary Morgan ( Splash )
Neil Turner ( The BPPA )
Ronald Zink ( Microsoft Bing )
Witness Statement to be read:
Simon Citron ( Yahoo )
From Guardian Live Blog:
The inquiry is now under way. Lord Justice Leveson says he is "extremely unhappy" that the conflict between Hugh Grant and the Daily Mail yesterday afternoon "did damage" to the "appropriate flow of this inquiry".
Leveson adds that he is "not entirely happy" that the inquiry was "bombarded" with statements relating to Hugh Grant late on Friday.
"I won't allow this type of situation to develop again," he says.
However, he adds that "the matter should be "ventilated for a little additional time" in the interest of fairness later this week. "That's not negotiable," he says.
The concerned parties have until 2pm to consider how this should be arranged for minimum convenience.
The two issues at stake are the Mail on Sunday's "plummy voiced executive" story, which resulted in Grant's allegations about the newspaper group and its "mendacious smear" response; and the intrusion on the birth of Grant and Tinglan Hong's child.
Caplan says it is not right that Dacre should be recalled. It "is going to create an imbalance and avert from the way in which this inquiry has been conducted," he tells Leveson.
Baroness Buscombe
[Back to #leveson, where Baroness Buscombe, who left as chairman of PCC amid heavy criticism of failure to address phone hacking]
Buscombe: Every PCC case is bespoke. System works to minimise harm and hurt and free so access to justice is respected.
From Guardian Live Blog:
PressBof we looking for someone "who was supportive of the system" of self-regulation and could build trust in it, Buscombe says."If you have someone who doesn't even trust a system at the outset then you have a problem," she says. "It doesn't mean they don't want to test the system."
Buscombe says the PCC is fast, flexible, free and can minimise "the harm and the hurt". She says in contrast, very few people leave a court of law happy.She says it would be to society's "peril" if the PCC lost its complaints-handling mechanism.
Buscombe at #leveson : "nonsense" to suggest Dacre running PCC
Buscombe: terribly important for us to demonstrate that this Commission is entirely separate part of industry
Buscombe: my issue was with those giving us permission to try and improve funding & resources to do better job
Baroness Buscombe, fmr chairman of PCC, says it was "hard to argue we’re entirely independent from those we oversee”
Buscombe: It's always been easier to attack the PCC than take on the industry. This includes politicians.
Buscombe at #leveson : thought that we were being used as a scapegoat
Buscombe: We felt very much that we had been used as a scapegoat (over phone hacking scandal. Jay refers to 2009 PCC report.
Buscombe asked by #leveson why she qualified her support for self-regulation in her statement.
Buscombe says she wants to support self-regulatory system, is a real problem with alternative (i.e. statutory).
Buscombe at #leveson : we felt we hadn't been told the truth, editor asked - "don't you trust us?"
Buscome replied with heavy heart: "How can I?" Felt we were not tell the truth over phone hacking.
Buscombe: I couldn't get to the overarching bodies. The Newspaper Publishers Assoc and the Newspaper Society.
They hold the power to ensure the credibility of a self-reg system, Buscombe tells
From Guardian Live Blog:
Buscombe says she could not get to the overarching bodies of the press: the Newspaper Publishers Association and the Newspaper Society.She adds that she is "amazed" those bodies have not been called to give evidence.
Buscombe says she sent a letter to proprietors and the overarching bodies in April last year to "spell out my concern that there was a real issue of trust in the industry now".
Rebuilding trust is "do-able but it's tough call," she adds.
Buscombe at #leveson : sent letter in April last year to publishers and proprietors saying there was a real issue of trust in the system
Buscombe blames Newspaper Publishers Association for not reforming PCC
Turning into a delayed valedictory from Baroness Buscombe. She has had 7 months to reflect on failings and distrust.
Jay refers back to the PCC 2009 report on phone hacking. Toulmin drafted report and was discussed with Buscombe and commission.
Buscombe at #leveson : I was never comfortable with 2009 report saying Guardian phone hacking stories didn't live up to billing
[Buscombe much tougher on industry for failings of the PCC than either Meyer or Hunt, the other PCC chairmen]
Buscombe at #leveson : I regret report, regret I was misled by News Int, that I accepted what they had told me
Buscombe at #leveson : can't remember whether she expressed any disquiet about the report with which she says she wasn't comfortable
"What cd we do? Imagine the reaction if we had done nothing. " Buscombe to #leveson
Buscombe: "I was never comfortable with putting my name to 2009 PCC report" (criticising Guardian) on hacking
Jay reminds her she gave speech to Society of Editors expressing satisfaction with status quo. She rejects.
Buscombe: "I was clearly misled by News International. I accepted what they told me."
Jay points out her speech says they live in over regulated world, yet to hear constructive alternative to PCC
Buscombe at #leveson : maybe I was being too subtle in proviso at the end of the speech, where she asks for freedom to develop PCC rapidly
Guardian Live Blog: (Full Text Baroness Buscombe's Speech to SoE)
Guardian Live Blog: (Full Text Baroness Buscombe's Speech to SoE)
Buscombe accepts that she may have been "too subtle" with a proviso at the end of her Society of Editors speech, when she said:
There is plenty to build on. I have told you about the tremendous range of work we do to help people out, and to right wrongs. That these things work is a great tribute both to the team at the PCC and also to the industry as a whole. It shows self-regulation working at a very basic level. This activity is low key but all the more successful for it. It should be better known. But there is no need – in 21st century Britain – for an individual to feel powerless in 'taking on' the press. The PCC will always be there to help.
In return, I will expect the industry to give the PCC the freedom to develop rapidly – if necessary – to exploit the opportunities presented by media convergence. We have shown that we can be trusted with the freedom we have enjoyed from the state and from the industry over the last two decades. Now is our chance to show how our model can be trusted in future."You have to remember I am talking to the press. I am talking to people who will mischief make," she tells Jay.
Buscombe says that at the time of her Society of Editors speech she was becoming "more and more frustrated" with the PCC's inability to up its game "due to a lack of resource and a lack of support".
Buscombe at #leveson : editors expressed fury & anger on phone after critical adjudications, effect was massive
Buscombe: I'd love you to have been at the end of the phone, as I was sometimes, when we had issued a critical adjudication
Buscombe: FT, Guardian and Mirror all threatened to leave PCC because they were unhappy with adjudications against them
Buscombe says one editor rang the PCC and was abusive because we had audacity to put paper's name on the website "It was the FT".
Buscombe says Guardian theatened to leave PCC because of critical adjudication. Not true
Guardian said would leave PCC if it tried to ban Erwin James or others writing abt prison http://bit.ly/yUk27y
Buscombe: We didn't dismiss the Guardian's claims but we were constrained in terms of our locus.
Buscombe says explicitly now that she was "lied to" over hacking and took what police told her "on trust"
Buscombe: one didn't want to mistrust what one was being told by the police on phone
Buscombe 'regrets' saying lawyer Mark Lewis had got it wrong when he sd there were 6,000
Buscombe says "we were terribly constrained on this" We agonised over it. Were terribly frustrated by our position.
We couldn't investigate. We could be hostages to fortune. We could raise expectations we couldn't meet.
Buscombe at #leveson : there wasn't a day that went by at the PCC where we weren't troubled by this
Ofcom can't deal with crime, nor should it, Buscombe tells #leveson. Nor could PCC. People were misconstruing our role.
Reality is it is about culture. Can you have a system that changes the culture in newsrooms? [the best question in #leveson so far?]
Buscombe at #leveson : in one instance publisher never forgave me after I said it was appalling editor named 3 victims of sexual assault
Buscombe, fmr PCC chair: "These are people [editors and props] where you have to tread carefully to gain access"
Buscombe: I was very careful about what I put in letter to James Murdoch. You have to tread carefully to get access to proprietors.
Buscombe: "I told publishers 'PCC system is in peril'. They said "Peta, we've been here before"
Former Chair of PCC says she communicated concerns over hacking to James Murdoch in a "coded message", "have to tread carefully"
Buscombe at #leveson : we changed really important things like the appointments process
Jay has challenged Buscombe with the idea that PCC just wasn't important enough to influence proprietors.
Buscombe: I went to see Desmond but wasn't really my role, was actually role of PressBoF.
Last time I tweeted on public remarks of Peta Buscombe she got, er, quite cross: http://www.themediabriefing.com/article/2011-10-12/bitter-baroness-buscombe-bites-back-at-guardian –so I'll stay quiet this time
From Guardian Live Blog:
Buscombe is asked about Daily Express and Daily Star owner Richard Desmond.Buscombe brought Desmond back into the fold following the departure of Sir Christopher Meyer.
She says she did not attempt to bring him back in when his newspapers left the PCC last year.
"I knew I was overstepping the mark in terms of the system – it wasn't my role to do that," she says of not attempting to convince Desmond a second time.
She says his departure "compromised the credibility of the system as a whole".
Buscombe: Desmond defection compromised the credibility of the PCC. [I think most of us could agree on that]
Buscombe at #leveson : there may have to be some sort of backstop power for compliance to the system
Buscombe at #leveson : do you include all the bloggers who hold themselves out and maybe are journalists?
Buscombe: I introduced Kitemark as an idea some time ago [she and I discussed it at the time of that FT article]
Guardian Live Blog:
Buscombe is asked about Lord Hunt's proposals for a new watchdog based on a contractual system.She says it is "very difficult" to compel all publishers to buy into the new body.
She suggests a "statutory backstop" would be a good start, but adds: "A lot of thought should be given … to how all those could be brought on board," referring to online publishers.
She says she has long advocated a system of kitemarking for newspaper websites.
Buscombe to #Leveson: "I've been re-reading [Waugh's] Scoop, Sir, which just about sums it all up."
Buscombe endorses whistleblowing to help expose the culture of newsrooms. #leveson is supportive of this. Criticises editors who moan at PCC
Guardian lawyer rises to put Buscombe right on threat to resign from PCC claim, says was in 03 but not over critical adjudication
Buscombe withdraws claim that Guardian threatened to resign over a critical adjudication.
Guardian Live Blog:
For the most part the newspaper industry abides by the rules, Buscombe says, adding that the culture of some newsrooms has to be "thought through".She recommends a system of whistleblowing in every news organisation.
"Change must take place. This isn't something that can be a quick fix," she says.
Buscombe says Gdn MD threatened to quit PCC over the 2009 hacking report [later withdrawn, with apologies, by PCC]
From Guardian live Blog:
Financial Times media correspondent Ben Fenton has just tweeted:
1:50 p.m. - From Guardian Live Blog:[The FT tells me it, like Guardian,rejects the idea it threatened to quit the PCC over an adverse adjudication.Considering a full statement]
Trinity Mirror, publisher of the Daily and Sunday Mirror, has denied that it threatened to leave the PCC, as claimed by Baroness Buscombe during her evidence.
The BBC journalist Henry Price has tweeted a section of Trinity Mirror's statement, which we will publish in full once we have it:
Mirror statement: "The Mirror has not threatened to leave the PCC in recent years." #leveson
All three publishers that Buscombe claimed to have threatened to leave the PCC in recent years over critical adjudications have now denied it.
PCC statement: “Baroness Buscombe was giving a personal recollection of her conversations and experiences whilst at the PCC..."(1/3)
"...during her evidence at the Leveson Inquiry this morning." (2/3)
"The PCC has not received any formal proposals from these publishers to withdraw from the system in recent years.” (3/3)
Colin Crowell
The #Leveson inquiry could show its respect to Colin Crowell by referring to him as "at Colin underscore Crowell", as is only right.
#twitter says 100 million active users. Billionth tweet took 3yrs 2months, now they have billion tweets every 4 days
Crowell, head of global public policy for Twitter, has flown in from Washington DC to give evidence
Crowell of
"Our corporate goal is to reach everyone on the planet" #Twitter head of Global Public Policy Colin Crowell to #Leveson inquiry
Twitter at #leveson : accepts users can send abusive and defamatory messages anonymously
Twitter rules being referred to at #leveson are here: https://support.twitter.com/articles/18311-the-twitter-rules
Barr is going through Twitter's rules on abusive Tweets and on privacy,which he says reflect a more relaxed US attitude to privacy.
Crowell: Under British system individuals can go to the law. Twitter UK doesn't deal with content issues, under US jurisdiction.
From Guardian Live Blog:
Crowell says that Twitter deals with issues "reactively" so it deals with content after it has been published. "The tweets flow," he says, repeating the company's mantra.Crowell confirms that Twitter's new policy on censoring tweets in certain countries has not yet been used.
The new policy means that Twitter can deal with issues on a country-by-country basis.
Crowell is asked how fast a story can propagate on Twitter.
Crowell says that news events often propagate "very speedily" on Twitter, often before news organisations have learnt of the events.
Barr asks about contempt of court.
Crowell says that Twitter would be able to identify the person behind contemptuous tweets if served with a US court order.
Barr asks whether Twitter would comply with a UK press regulator.Crowell says it would be a matter of whether the regulator was in the jurisdiction that would have the legal entity to authorise it.
He describes it is up to politicians and courts to decide what the "authorised entity" is in the UK, but Twitter would comply with that.
James Harding
The Times went to court in '09 to out police blogger, Nightjack. But did they hack his email to get his ID? Editor next at #Leveson
James Harding, editor of The Times, recalled to answer questions about NightJack and computer hacking.
From Guardian Live Blog:
Harding says from the outset: "I sorely regret the intrusion into Richard Horton's email account by a journalist in our newsroom. On behalf of the newspaper, I apologise."
The reporter, Patrick Foster, was 24 at the time of the incident.
Foster sought to identify the author of the NightJack blog. He did so by accessing the blogger's email account, Jay confirms.
Harding says in past few weeks he's learned a great deal more about incident
Jay is taking Harding through emails between reporter Patrick Foster and then news editor Martin Barrow.
Jay reading emails showing when Foster told newsdesk/legal manager about the story he wanted to run.
20 May 2009 Foster email to Barrow: "want a little more space between the dirty deed and publishing".
Harding repeating that all this evidence has come into the knowledge of the Times only in last week or so.
27 May 2009 email Foster to Barrow: "Have pic of him with computer. Going to start fronting up process".
[In hack speak, "fronting up" means confronting the subject of a story with the material you are planning to publish]
Harding to #leveson : suggests lawyer tore a strip off Foster - the journo in this story
Harding to #leveson : if he'd known would have told journo Foster to abandon the story
Harding:I wd have sd that the intrusion was not warranted in the public interest. But he didn't come to me.
Foster then managed to "crack it", getting to NightJack's identity via publicly available information. Included a Facebook page.
Guardian Live blog:
Harding says that the story did have a public interest but not sufficient to warrant the intrusion.
The inquiry hears how Foster later sent an email to Brett to say: "I can do the whole lot from publicly available information." Harding understands this was through the Facebook friends of Richard Horton's brother.
Brett replied that that may be the "golden bullet" and asked him to set it out on paper.
Harding at #leveson : arguing it was only after court hearing that senior Times managers heard about the email hacking allegation
Email from Times lawyer Alastair Brett to Foster, re doing story w/publicly-accessible info: "Brilliant. That may be golden bullet"
Jay shows email between Brett and Horton's lawyer informing him Times will publish article on client.
Guardian Live Blog:
Harding says the first time the Times's senior management became aware of the litigation or the email hacking was after Mr Justice Eady had begun hearing the case – but before judgment.
He adds that it is "very very unusual" that the legal manager will take a case to the high court without reference to the editor.
Brett is an "extremely distinguished and well respected lawyer," Harding says, adding that the lawyer wanted to take this case on partly because of "creeping privacy legislation" and anonymity on the web. Brett is extremely apologetic for not informing him, Harding says.
Jay suggests statements of fact put to court by Times lawyers were incorrect
Times's submission in the Nightjack case was breathtakingly misleading given chief lawyer knew story was product of hacked email
Jay points out Barnes was instructed by Brett and Foster. Harding has said he wasn't aware of situation until after Eady hearing.
Horton's lawyer said suspected email hacking. Brett replied saying this was a "baseless allegation".
Times' lawyer said it was "baseless accusation" when NightJack's lawyer sd Foster had hacked email while at Oxford University.
Foster's witness statement implies had confidential source and used deduction. #Leveson calls this disingenuous in light of "what we know".
Jay says lawyer smelt a rat that got smellier and smellier
The Times expressly rejected claims its journalist had obtained info by hacking email. The paper now accepts the claim
[although #leveson might want to ask how Mr Foster got into the email in the first place.]
James Harding's cheeks a little florid as he is asked to explain why The Times lied to a court about Nightjack.
Harding at #leveson : I'm as shocked as you to see Horton's lawyers raised on six occasions concerns about accessing email account
This is where I suggested key issue re
News - I can confirm that Richard Horton is now taking legal advice on a privacy claim against The Times.
Jay, #Leveson and Harding discussing the injunction applied for by Horton. It was not granted by Eady J.
Harding says he first found out about matter on 5 June 2009 in a meeting with Chappell.
The facts of the Times hacking aren't disputed by the paper; this has become about who knew what when
Harding says he didn't know exactly what Foster had done. Issues all coming at same time. Why were we doing it.Why gone to court?
From Guardian Live Blog:
Jay is reading legal correspondence between a lawyer and barrister for the Times. It suggests that Foster told the legal team on the night before the court hearing that he had used email hacking.
Horton's lawyers wrote to the Times to say Foster was "rusticated" for hacking computers at Oxford University. That made the newspaper's lawyers think there might be a big problem.
The Times's lawyer told Foster "never ever think of doing what you've done again" and was advised by the barrister that there might be a public interest defence. It is suggested that without this possible defence, the reporter would have been dismissed.
Jay points out that there is no public interest defence under the Computer Misuse Act.
Harding first heard of the issue on 5 June at a meeting with the Times's lawyer and a concern that Foster had accessed NightJack's email account.
Harding says "the biggest shock" was that the Times had taken a case to the high court without him being informed. "We probably didn't drill down into what exactly Mr Foster was to have done," he says.
He decided immediately that the paper should undertake disciplinary action against Foster.
Jay moves on to the decision to publish, [taken 10 days after Harding was told that Foster had accessed an email account. ]
Jay says [key point] judge may well not have allowed Times to publish if he had known about the computer hacking.
Harding says he was aware of concern over what Foster did, but did not know exactly what he did until very recently.
Harding: I was involved in decision to publish NightJack story as in the public interest.
From Guardian Live Blog:
Following this, there was a discussion at the paper over whether to publish the story.
An email from a Times lawyer on 14 June shows the newspaper was considering the public interest in publishing the storTen days later Mr Justice Eady's judgment was provided to the Times in draft form.y. "The third issue is what do we do about Patrick?" it added.
Harding says he "aware we had a concern", but did not know exactly what Foster had done.
Harding says he was involved in the discussion over whether to publish the story in the public interest.
He says that he was occupied by events in Iran at the time, and the public interest discussion should have happened before the newspaper went to the high court.
He says he took the view that the story was "firmly in the public interest" based partly on the view that the police blogger was in breach of his public duties, partly on Mr Justice Eady's ruling and the belief that the identity of NightJack had been uncovered by legitimate means. However, he acknowledges there were questions over the behaviour of Foster.
Email between Chappell and Brett on consequences if found out Foster hacked account. Asks if Eady judgment "gets us off the hook".
Harding at #leveson : we felt we had little choice but to publish
Harding can't explain why no-one suggested telling Eady about the illegal email accession.
Jay: At no stage did anybody suggest to you that these matters ought to be brought to the attention of the judge? Harding: No
Harding at #leveson : it's terrible... every time we've learned new things about this we've brought it to your attention
Harding: We take this inquiry very seriously and every time we've learnt new things about this have brought to your attention.
From Guardian Live Blog:
The Times published a companion comment piece by Richard Horton, author of the NightJack blog, on the day that it exposed him as being behind the blog.Horton said in the article:
There was a lot of attention heading towards my blog and I was nervous that somehow, despite my efforts, my identity would come out. As an anonymous blogger, I was just another policing Everyman but if it came out that I worked in Lancashire, I knew that some of my writing on government policy, partner agencies, the underclass and criminal justice would be embarrassing for the constabulary.
Also, as an anonymous police blogger I was shielded from any consequences of my actions but without that protection there were clearly areas where I would have to answer for breaches in the expected standards of behaviour for officers.
When it became clear that my identity would be published, I went to court to stop The Times from publishing. I failed, as it was decided that the public right to know about me outweighed any claim to personal privacy.
My blog is gone now, deleted, slowly melting away post by post as it drops off the edge of the Google cache. My family life has changed in ways that they did not want, and that is down to me.
Harding: If we'd had an audit trail in place then I'm sure alarm bells would have gone off much sooner.
From Guardian live Blog:
Harding admits: "When you look back on this it's terrible."He adds: "We take this inquiry very seriously and when we have learned new things we have brought them to your attention."
Jay points out that a Times news story on 19 January this year still stated: "The role the hacking played in Mr Foster's investigation remains unclear."
Harding says he has attempted to apologise to Horton. Horton has contacted his lawyers, says the editor.
Dominic Mohan
2nd Witness Statement in Full
Dominic Mohan up at #Leveson - to be quizzed first on phone hacking …
Jay asks about phone hacking: a surprise question for us #leveson watchers .
Dominic Mohan, editor of the Sun, is up and asked about phone hacking while he was editor of the paper's Bizarre column
Was editing Bizarre column with Victoria Newton. Story about Liam Gallagher/Patsy Kensit splitting.
"a stream of fierce rows over the phone" - what was the source of the story. Mohan can't remember.
Jay is asking Mohan about a series of articles from when he was Bizarre editor. First one "Liam and Patsy on the rocks" from 1998.
Sean Hoare and Ally Ross on the showbiz team at the time.
Mohan says there is nothing in the story suggesting a voicemail message. Not uncommon for people to tell you about phone calls.
Story refers to stream of fierce rows over the phone. Mohan says would have come from contacts close to the couple.
Jay asks Mohan about another story involving Martine McCutcheon. Mohan can't remember. One of his staff had good Martine contact.
Mohan at #leveson : often words of celebrity or agent reported as "pals say"
Articles on actress Martine McCutcheon and singer Mark Baron using "pals say" and actor Sid Owen mentioning phone calls.
.@benfenton This line of q's is from a Private Eye article from April 2011 which the Inquiry didn't put to Mohan 1st time round
Mohan at #leveson : asked whether stories came from phone hacking says can't remember specific of those stories
Jay asks about a Spice Girls story.Mel C "bombarded with phone calls". Mohan can't remember the story.
[Jay is trying to establish whether any stories obtained by hacking. Mohan says he can't remember sources as so long ago.]
Jay is suggesting that the phrase "bombarding with phone calls" or making late night calls is code for phone hacking.
Might these be phone hacked. Can't say 100pct and there is an inquiry, but you are picking stories over 3 years.
Mohan at #leveson : Q - might stories have been obtained by hacking into voicemails? A - I can't say 100pc
Mohan: "Bombarding with phone calls" a bit of colour to illustrate a story about a relationship or split.
Mohan can't remember the source of that story. Not aware that illegal access is source of any of these stories.
[Jay has come out v strong on Mohan. There was criticism he was too weak last time. ]
Dominic Mohan's position on Page 3 "represents youth and freshness … celebrates natural beauty … and it's legal"
Delighted that Editor of the Sun is being asked about page 3. 43 years ago racist jokes and homophobia were acceptable.
Mohan on page 3: It is 42 year old British institution that celebrates natural beauty (no plastic surgery) Accepted by most Brits.
SUN Editor Dominic Mohan on Page 3: it represents youth, freshness and it celebrates natural beauty.
Mohan: Page 3 is legal and I think it's become quite an innocuous British institution. It's tolerated by majority of society.
Mohan: Page 3 is not "sexual" apparantly. >> Is it anthropology?
Page 3 girls take part in campaigns eg about availability of cancer drugs, unsafe breast implants.
Mohan: The girls are good role models, they look very healthy unlike catwalk models.
Mohan 1) Not sexist because we are against rape. 2) Topless women are role models for girls
Jay:a rather stupid piece of popular science that looking at p3 girls would make you brainy. [can't say I read that one]
The Clare Short story was a vicious personal attack on her for opposing page 3. Suggested she was jealous. Was bullying.
Jay asks Mohan about the use of "Mitchell brothers" to describe Kelly Brook's chest. "Are you proud of that language?"
Glad to see Object submission they worked so hard putting together getting an airing. #Leveson Sad to see Mohan missing point.
Mohan: I don't think piece eroticises sexual harassment. Spoof picture from Alison Jackson, meant to be lighthearted.
Is he seriously going to try and defend the use of the word 'tart' in a headline? Nope. "It grates with me"
Mohan: We've raised our game in terms of transgender reporting. I'm making attempts to change approach.
Mohan asked about headline "Tran or woman?" He says doesn't think it was our greatest moment
Mohan: Page 3 is a matter of taste. We've crossed the line of the code with transgender issues and had one complaint upheld.
Guardian Live Blog:
Mohan says the Sun has improved its reporting of transgender issues.He points to a front-page article last week whose subject had undergone a transgender operation. This person wrote to Mohan recently to thank the paper for its sensitive reporting.
"We've raised our game in terms of transgender reporting," he says.
Mohan is asked about a Sun headline, "Tran or woman?". He says: "I don't think that's our greatest moment, to be honest."
Funny to see The Sun at
Mohan: I believed consent had been given to run the story on Gordon Brown's child having cystic fibrosis. Otherwise would not have.
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| Front Page after Gordon Brown accused NI of hacking/blagging |
The fact is that the Sun publishing medical info about a child is unlawful intrusion regardless of where the info came from.
From Guardian Live Blog:
Jay asks about a Sun story in 2006 that Gordon Brown's son had cystic fibrosis. The Sun later said that a member of the public phoned in with the tip for the story and Mohan understood that consent had been given for the story."I don't think would have been published without consent," says Mohan. "I wouldn't have published it without consent."
The Sun's source swore an affidavit that the story was not illegally obtained, Mohan says.
Asked why he would not run the story without consent, Mohan says the story is "an extremely sensitive issue".
Mohan spoke to the journalists involved in the original story who indicated that consent had been given, he says. An official Treasury spokesman is quoted in the story, Mohan points out.
Mohan being asked about Operation Elvedon arrests of Sun journalists
Jay: Where you aware arrests under Operation Elveden were to take place (in Jan)? Mohan: No I wasn't.
Gary Morgan
Splash News VP, Gary Morgan now up on
Gary Morgan is co-founder and chief exec of Splash news and picture agency. He is a former tabloid journalist from the UK.
Gary Morgan of Splash celeb photo agency via videolink at #leveson
Video link isn't the finest #leveson; barrister hearing herself back on line, long delay
Splash was sold last year to Corbis for an undisclosed sum. Morgan now senior VC of the company.
Splash has 18 employees in the UK, 9 of them are staff photographers.
Splash has 2700 freelance photographers worldwide. 15 percent have UK addresses.
Morgan: Sensitivity to privacy concerns is higher in the UK than in the US. We abide by PCC code and law.
Morgan: I don't think PCC is comprehensive enough for photographers at all
Morgan: staff photographers we hire are expected to know law and PCC
Splash VP: PCC is geared to print based media. Needs to be more comprehensive & include digital. Pushing for US agcy like PCC
Morgan: Staff photographers are expected to know the law, the PCC and have experience in newsgathering to know when to stop.
Guardian Live Blog:
Splash relies on its picture and news desk to oversee the behaviour of its staff.
Morgan says there is a "no-shoot list" that contains the names of celebrities who do not wish to be photographed.
Splash - has media upload agreement: photogs agree not to violate anyone's privacy. Fast-track or slow-track for approval.
Patry-Hoskins asks about case of Tinglan Hong, mother of Hugh Grant's child, who is said subjected to harassment by photographers.
PH says a staff photographer from Splash was identified as driving aggressively at Hong's mother.
Morgan: I believe his story that he didn't drive at her. It's his word against hers.
Guardian Live Blog:
Morgan is asked about allegations by Tinglan Hong, mother of Hugh Grant's baby, that she was pursued by photographers.
Hong's mother claimed that car driven by a photographer drove at her. The car was later traced to Colin MacFarlane, who Morgan confirms is employed by Splash.
Morgan says that McFarlane was interviewed by Splash's London desk and denied that he drove a car at Hong.
McFarlane did not face any disciplinary proceedings from Splash, Morgan confirms.
"If it was established that he had driven at this lady then he would be fired," Morgan says.
PH reads out apology to David Walliams and Lara Stone last year over harrassment by photographers. Splash paid damages+ legal fees.
Morgan: 3 or 4 female US celebrities used to "go commando" multiple times. Example of encouraging behaviour.
Splash VP: celebs give consent to be photographed by their behavior. People Paparazzi, citizen journos can upload photos via email.
Morgan says members of the public can send photos to the agency and are asked same questions as a professional photographer.
Neil Turner
We're back. Neil Turner, a freelance photographer and vice chairman of the British Press Photographers' Association, is up first.
Guardian Live Blog:
Members of the British Press Photographers Association (BPPA) are "entirely freelance" and work for several employers, including newspapers, magazines and self-generated projects.Turner says it is estimated that there are between 1,800 and 2,000 freelance photographers in the UK.
Turner: The term paparazzi is overused. These people are professionals.
Photographers' Assoc at #leveson : pointing out anyone who wants pic of inquiry has to take it off telly feed
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| Bank of photographers outside Leveson Inquiry mentioned by Turner |
Turner: I think limited stills photographers should, for example, be admitted to #Leveson hearings.
Turner says behaviour of professional photographers normally good, ethical, entirely legal
Turner: We absolutely insist people abide by the PCC code. If someone doesn't want their picture taken, photographers should stop.
Turner: I think limited stills photographers should be admitted to #Leveson hearings.
Turner: JK Rowling chose not to pass photographers on way in to inquiry. A lot of newspapers wanted pictures of her leaving.
Turner: Some photographers took the picture but some felt uneasy about it, even though not breaking the code.
Turner: I have spoken to photographers directly about breaking the arrangement to only photograph witnesses in specific place.
Turner says photographers working for UK newspapers and/or agencies felt pressure to get pic of JK Rowling at Inquiry
This would breach agreement between photographers and Inquiry officials
Guardian Live Blog:
JK Rowling chose not to enter the Leveson inquiry through the entrance where press photographers were waiting, Turner says.
Newspapers wanted pictures of Rowling leaving the inquiry – even though Rowling clearly did not wish to be photographed. Individual photographers had to decided whether or not they would satisfy the newspaper or risk breaching the PCC code.
"Some freelancers who base their living entirely on whether they get the best picture chose that was the best thing for them to do," he says.
Photographers working for UK national newspapers of agencies were ordered to supply pictures in breach of an agreement with Leveson inquiry officials, Turner says.
Turner talks about amateur freelance photographers – or "stalkerazzi" as journalism professor Roy Greenslade has dubbed them – whom he says sometimes operate in packs.
Turner says about two years he went to famous nightspots to observe paparazzi. He says he was "fairly upset" at what he describes as unethical and illegal activity by the photographers.
Turner: Illegal and unethical practices include dangerous driving, initiating reactions, "upskirt" pictures, chasing people.
Turner tells of hearsay: 1 photographer picks a fight with someone so another photographer gets some pics of fight. Split the money
Turner: The problem with French privacy law is news organisations fear contravening them. Dangerous for culture and legal system.
[Turner says if the UK largely imported French privacy law here it would be dangerous.]
Turner: The BPPA wants to be part of the solution, not the problem.
Ronald Zinc
- Microsoft Witness Statement in Full
From Guardian Live Blog:
Ronald Zinc, general counsel and chief operating officer of EU affairs for Microsoft's Bing search engine, has taken the stand.
Now discussing "removal of problematic content" [quoting Barr]
Zinc: If you can remove the creator of the content then that eliminates the problem across the entire web.
[Correction:according to MS website, RonZinK is the COO for EU affairs. #leveson staff seem to have made an elementary mistake in spelling]
From Guardian Live Blog:
Zinc says that tackling the people behind websites hosting defamatory content is more practical and effective than going to the search engine."If you can remove the creator of the content then that eliminates the problem across the entire web," he says.
Barr asks about removal of material from Bing's index in relation to defamation and privacy.Zink confirms that Bing will remove the "minimum necessary to comply with the law" (Barr's phrase).
He adds that Bing has "robust" mechanisms for bringing down child abuse content.
Zink says that British internet users can obtain a court order in the UK for Microsoft to remove content from Bing's search results.He adds that users can get in touch with the company through its contact pages. Microsoft will make a judgment on removal requests if it has not been served with a court order.
Zink: You would look at a number of different options when dealing with private information going viral, not just search engines.
Barr says Max Mosley has made extensive efforts to take down online material but it can still be found.
Zink confirms that if something removed from bing.co.uk may still be available to bing.com
Zink: a browser is just a mechanism to find a resource on the Internet
Zink: We can take a closer look at global statement to make avenues of redress clearer to UK users.
Zink: we put a lot of thought into privacy-enhancing features. Microsoft a leader in this area
Guardian Live Blog:
Zink concedes that it is a "complicated" process for users to find webmasters and ask them to remove material.He says that Bing will act on a court order or other credible ruling. Earlier he suggested Bing would take notice of orders from a self-regulatory body in the UK.
Barr asks about the Microsoft browser Internet Explorer and whether a user might be able to enter a URL and see offending material that had been removed in Bing's search results.
Zink says this is beyond his technical background and he will answer in writing.
