DOCSLIB.ORG

Uva-DARE (Digital Academic Repository)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Uva-DARE (Digital Academic Repository) UvA-DARE (Digital Academic Repository) Re-regulation of the print media: implications on press freedom Brody, A. Publication date 2013 Document Version Final published version Published in Abstracts: The Constitution of the Public Sphere: the post-Leveson Landscape: WG Hart Legal Workshop 2013 Link to publication Citation for published version (APA): Brody, A. (2013). Re-regulation of the print media: implications on press freedom. In Abstracts: The Constitution of the Public Sphere: the post-Leveson Landscape: WG Hart Legal Workshop 2013 (pp. 2). Institute of Advanced Legal Studies, School of Advanced Study, University of London. http://ials.sas.ac.uk/research/hart/docs/WGH_2013_Abstracts.pdf General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:02 Oct 2021 INSTITUTE OF ADVANCED LEGAL STUDIES SCHOOL OF ADVANCED STUDY UNIVERSITY OF LONDON W G HART LEGAL WORKSHOP 2013 The Constitution of the Public Sphere: The Post-Leveson Landscape ABSTRACTS 1 Dr Annabel Brody, University of Amsterdam. Re-regulation of the print media: implications on press freedom Despite the application of neo-liberalist principles and a trend towards deregulation of the audiovisual media, there has been a marked trend towards stricter regulation of the print media in recent years, as reflected in the jurisprudence of the European Court of Human Rights and reports on freedom of the press such as the Leveson report, Australian reports on media regulation and the report of the New Zealand Law Reform Commission on the ‘new media’. This paper will provide an examination of the ECtHR’s restrictive trends on press freedom, which may be a reaction to the increasingly sensationalist and privacy intrusive activities of the media, which have come to light in particular during the Leveson Inquiry. In Stoll, the Grand Chamber cited the powerful influence of the media of the twenty-first century on public opinion as a reason for an increased need to “monitor” compliance with journalistic standards and as justification for a more limited interpretation of freedom of the press. This appears to be in stark contrast with the Court’s reasoning in the subsequent case of Times Newspaper Ltd v UK in which the ECtHR acknowledges the vital role played by the new media, particularly the internet, in making news and information available to the public. In this case the ECtHR referred to the vital function of the internet in twenty-first century democratic society as an addition to the traditional ‘public watchdog’ role of the press. This could indicate that the Court has seen the error of its ways in Stoll and is now returning to normal course. The Leveson report, Austral reports and New Zealand Law Reform Commission report have all recommended stricter regulation of the print media through, for example, the inclusion of the state as a regulatory actor. Self-regulatory press councils have been widely criticised as weak in that they rely on full co-operation from their members in order to enforce their sanctions. As such, questions have arisen regarding the introduction of backup powers if press council members fail to comply with press council decisions. This paper will consider the pros and cons of the introduction of such measures and the implications of stricter regulation of the print media on press freedom. Dr Damian Paul Carney, University of Portsmouth Newsgathering and Criminality: A Time for Re-Assessment of Current Privileges, Protections and Defences The important role that the media plays in a democratic system has resulted in it acquiring privileges (e.g. the requirement that when police are seeking journalistic material they cannot obtain this through usual police searches - see ss9 -14 and Schedule 1 of Police and Criminal Evidence Act 1984, and Schedule 5 of the Terrorism Act 2000), or being the main beneficiary of general legal rules (e.g. protection of confidential sources), that enable it to perform its ‘watchdog’ and other ‘public interest’ roles. However, it is apparent from the Leveson Inquiry and ongoing police investigations (Operation Weeting, Operation Tuleta and Operation Elveden) that a significant number of journalists have been engaged in unlawful activity. The journalists themselves have often used the claim of protection of confidential sources to hide illegal activities, whilst the initial investigation into phonehacking allegations (Operation Caryatid) was hindered by News of the World’s ‘veneer of apparent co-operation’ from seeking production orders of journalistic materials. This paper explores the idea that the special protection afforded to confidential sources and journalistic materials should be limited to acts of journalism which achieve the 2 .
Load more

Recommended publications
  • Press Freedom Under Attack
    LEVESON’S ILLIBERAL LEGACY AUTHORS HELEN ANTHONY MIKE HARRIS BREAKING SASHY NATHAN PADRAIG REIDY NEWS FOREWORD BY PROFESSOR TIM LUCKHURST PRESS FREEDOM UNDER ATTACK , LEVESON S ILLIBERAL LEGACY FOREWORD EXECUTIVE SUMMARY 1. WHY IS THE FREE PRESS IMPORTANT? 2. THE LEVESON INQUIRY, REPORT AND RECOMMENDATIONS 2.1 A background to Leveson: previous inquiries and press complaints bodies 2.2 The Leveson Inquiry’s Limits • Skewed analysis • Participatory blind spots 2.3 Arbitration 2.4 Exemplary Damages 2.5 Police whistleblowers and press contact 2.6 Data Protection 2.7 Online Press 2.8 Public Interest 3. THE LEGISLATIVE FRAMEWORK – A LEGAL ANALYSIS 3.1 A rushed and unconstitutional regime 3.2 The use of statute to regulate the press 3.3 The Royal Charter and the Enterprise and Regulatory Reform Act 2013 • The use of a Royal Charter • Reporting to Parliament • Arbitration • Apologies • Fines 3.4 The Crime and Courts Act 2013 • Freedom of expression • ‘Provided for by law’ • ‘Outrageous’ • ‘Relevant publisher’ • Exemplary damages and proportionality • Punitive costs and the chilling effect • Right to a fair trial • Right to not be discriminated against 3.5 The Press Recognition Panel 4. THE WIDER IMPACT 4.1 Self-regulation: the international norm 4.2 International response 4.3 The international impact on press freedom 5. RECOMMENDATIONS 6. CONCLUSION 3 , LEVESON S ILLIBERAL LEGACY 4 , LEVESON S ILLIBERAL LEGACY FOREWORD BY TIM LUCKHURST PRESS FREEDOM: RESTORING BRITAIN’S REPUTATION n January 2014 I felt honour bound to participate in a meeting, the very ‘Our liberty cannot existence of which left me saddened be guarded but by the and ashamed.
    [Show full text]
  • R128 New Media
    Contents Acknowledgements ..................................................................................................... vivi SummarySummary ...................................................................................................................... 33 The purpose of our review ..................................................................................... 3 Key conclusions ...................................................................................................... 8 Summary of recommendations ............................................................................ 10 Implementation ..................................................................................................... 13 Recommendations ................................................................................................ 15 Chapter 1Chapter 1 Introduction .............................................................................................. 2222 The purpose of our review ................................................................................... 22 The New Zealand context .................................................................................... 30 Our approach ........................................................................................................ 35 Chapter 2Chapter 2 The News Media’s rights and responsibilities ........................................ 3838 Introduction .......................................................................................................... 38 News
    [Show full text]
  • Patrick Hill Call: 2010
    Patrick Hill Call: 2010 Patrick Hill has a broad practice spanning the fields of fraud/regulatory, criminal, public, human rights, extradition, inquests/inquiries/investigations, asset recovery, contempt, international/immigration/EU, civil/quasi-civil, and professional discipline and licensing law. Regularly instructed in high profile and complex cases, Patrick’s recent and current instructions in these areas include: SFO Unaoil/Iraqi oil corruption/bribery prosecution Unexplained wealth order case HBOS corruption £245m prosecution News International/The Sun hacking and misconduct in public office litigation Leave.EU and Vote Leave PPERA appeals Human rights/RIPA claims before the IPT Judicial review proceedings in relation to production orders on behalf of a Russian national Private prosecution £97m confiscation proceedings $2 billion Commercial Court contempt Judicial review proceedings on behalf of ENRC Computer hacking of Gordon Ramsay Inquiry into collapse of a trial of 13 police officers Hatton Gardens jewellery burglary Max Clifford historic sexual offences 1 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH | T: +44 (0)20 7400 6400 (24 hours) | E: [email protected] Crime and regulatory crime Patrick is regularly instructed to act for private individuals and companies in high profile and complex criminal and regulatory cases, including those with an international dimension. His practice encompasses fraud, money laundering, bribery, corruption, and misconduct in public office, as well as compute misuse, hacking and data protection
    [Show full text]
  • Elizabeth's Britain
    issue | june 195 2012 www.prospect-magazine.co.uk june 2012 | £4.50 $6.99 €6.90 60 years of 60 years of progress? progress? Elizabeth’s Britain Hacking scandal: it will spread 9 A$10.95 A$10.95 ISSN 1359-5024 ISSN Will Self: seduced by advertising 771359 NZ$12.50 US$6.99 US$6.99 NZ$12.50 Eliot Spitzer: back from disgrace 502057 € Stephanie Flanders: the Occupy verdict Can$7.99 6.90 Richard Dawkins: betraying Darwin 06 Foreword Britain’s brand of freedom 2 Bloomsbury place, London wc1a 2qa Publishing 020 7255 1281 Editorial 020 7255 1344 Fax 020 7255 1279 Email [email protected] [email protected] Website www.prospect-magazine.co.uk Editorial Editor and chief executive Bronwen Maddox Editor at large David Goodhart Deputy editor james elwes In the 60 years since princess elizabeth acceded to the throne, Politics editor james Macintyre Books editor David Wolf Britain has become a better place to live. More people think Creative director David Killen Production editor ollie cussen that than think the opposite (see YouGov’s extensive survey for Web intern Annalies Winny Editorial assistant tina nandha Prospect, p38); those under 40, and in London and the south, Publishing are markedly more cheerful. those who demur might read, in President & co-founder Derek coombs Publisher David Hanger simon jenkins’s panorama (p30), his reminder of past Circulation marketing director jamie Wren attitudes to women, children and gay rights and to actions now Digital marketing: tim De La salle Advertising sales director defined as crime.
    [Show full text]
  • For Distribution to Cps MOD300000712
    For Distribution to CPs A Boulton First 25 April 2012 Exhibits TABBl-7 m THE LEVESON INQUIRY INTO THE CULTURE. PRACTICES AND ETHTrS OF THE PRESS EXHIBIT TABB5 This is the exhibit TABB5 referred to in the first witness statement of Thomas Adam Babington Bolton dated 25 April 2012. MOD300000712 For Distribution to CPs Greenwich University Law Faculty 2/*^ March 2012 The UK Media & The Law in 2012 Public Lecture bv Adam Boulton INTRODUCTION I am not a law yer: I am a journalist still working in this country, and what's more one who has worked for twenty three years for an organisation. Sky News, which is ultimately managed by Rupert Murdoch and his News Corporation. I have interviewed Presidents, Prime Ministers and Nobel prize winners but I've also interviewed Katie Price when she was still known as Jordan and Nancy Dell'Olio, Eric Cantona only yesterday. I've asked Cabinet ministers when they are going to resign and I've persuaded the freshly bereaved and terrorised to go on television. Up market / down market I'm proud of serving both ends, all ends, of the news market, since I believe this spectrum contributes to my audience's greater understanding of the world we live in. I'm from the private not the public sector of journalism but I have no quarrel with Lord Reith's mission statement for the BBC; "to educate, inform and entertain." MOD300000713 For Distribution to CPs At the moment the issues which have raised greatest concern about the behaviour of the media , concern only one medium - newspapers - and predominantly only one media group - News International.
    [Show full text]
  • Unauthorised Tapping Into Or Hacking of Mobile Communications: Follow Up
    House of Commons Home Affairs Committee Unauthorised tapping into or hacking of mobile communications: follow up Oral and written evidence 4 September 2012 Deputy Assistant Commissioner Sue Akers QPM Ordered by The House of Commons to be printed 4 September 2012 HC 562-i Published on 7 November 2012 by authority of the House of Commons London: The Stationery Office Limited £4.00 The Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Home Office and its associated public bodies. Current membership Rt Hon Keith Vaz MP (Labour, Leicester East) (Chair) Nicola Blackwood MP (Conservative, Oxford West and Abingdon) James Clappison MP (Conservative, Hertsmere) Michael Ellis MP (Conservative, Northampton North) Lorraine Fullbrook MP (Conservative, South Ribble) Dr Julian Huppert MP (Liberal Democrat, Cambridge) Steve McCabe MP (Labour, Birmingham Selly Oak) Rt Hon Alun Michael MP (Labour & Co-operative, Cardiff South and Penarth) Bridget Phillipson MP (Labour, Houghton and Sunderland South) Mark Reckless MP (Conservative, Rochester and Strood) Mr David Winnick MP (Labour, Walsall North) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/homeaffairscom. Committee staff The current staff of the Committee are Tom Healey (Clerk), Dr Richard Benwell (Second Clerk), Ruth Davis (Committee Specialist), Eleanor Scarnell (Committee Specialist), Andy Boyd (Senior Committee Assistant), Michelle Garratty (Committee Assistant).
    [Show full text]
  • Consultation on the Leveson Inquiry and Its Implementation
    CONSULTATION ON THE LEVESON INQUIRY AND ITS IMPLEMENTATION SECTION 40 OF THE CRIME AND COURTS ACT 2013 AND PART 2 OF THE LEVESON INQUIRY Launch date: 1 November 2016 Respond by: 10 January 2017 1 Contents Foreword………………………………………..……………………………............3 Chapter 1. Introduction……………………………….………..……………………4 Chapter 2. About this consultation…………………………………………….......6 Chapter 3.The Leveson Inquiry: background and action to date ………………8 Chapter 4. Incentives to join a recognised regulator – Section 40 ..………….13 Chapter 5. Part 2 of the Leveson Inquiry......…………………………………….18 Annex A - Terms of Reference for the Leveson Inquiry Annex B - Section 40 of the Crime and Courts Act 2013 Annex C - Further information about this consultation 2 Foreword from the Culture Secretary and Home Secretary A free press is an essential component of a fully functioning democracy. It should tell the truth without fear or favour and hold the powerful to account. Yet the press has a significant power itself, which it must use responsibly. We know that some parts of the press have abused their position in the past - and ignored not only their own Code of Practice but the law. Police officers and public officials have been found guilty of serious offences. We therefore owed it to the victims of the past to make sure that what happened before cannot happen again. The Leveson Inquiry was therefore established in July 2011 by the Coalition Government, to look into the role of the press and the police in phone hacking and other illegal practices in the British press. The first part of the Inquiry heard evidence from more than 300 people, including some of those who had been affected by the most egregious behaviour.
    [Show full text]
  • United Kingdom
    FREEDOM ON THE NET 2013 1 UNITED KINGDOM 2012 2013 POPULATION: 63.2 million INTERNET FREEDOM STATUS FREE FREE INTERNET PENETRATION 2012: 87 percent SOCIAL MEDIA/ICT APPS BLOCKED: No Obstacles to Access (0-25) 2 2 POLITICAL/SOCIAL CONTENT BLOCKED: No Limits on Content (0-35) 6 6 BLOGGERS/ICT USERS ARRESTED: No Violations of User Rights (0-40) 16 16 PRESS FREEDOM 2013 STATUS: Free † Total (0-100) 24 24 * 0=most free, 100=least free KEY DEVELOPMENTS: MAY 2012 – APRIL 2013 In an effort to protect children from harmful content, filtering on mobile phones is enabled by default and has resulted in instances of over-blocking. In contrast, ISPs did not block politically orientated content on household connections (see LIMITS ON CONTENT). Revisions to the Defamation Act provided greater legal protections for intermediaries and reduced the scope for “libel tourism” (see LIMITS ON CONTENT and VIOLATIONS OF USER RIGHTS). The Protection of Freedoms Act of 2012 created new requirements to obtain judicial approval prior to accessing online surveillance data, although revelations surrounding the GCHQ’s Tempora program have since brought many of these protections into doubt (see VIOLATIONS OF USER RIGHTS). Several web users were prosecuted or fined for breaking court injunctions, violating the privacy of crime victims, and committing libel using social networks (see VIOLATIONS OF USER RIGHTS). UNITED KINGDOM FREEDOM ON THE NET 2013 2 EDITOR’S NOTE ON RECENT DEVELOPMENTS The following chapter covers developments in the United Kingdom from May 1, 2012 to April 30, 2013. However, beginning in June 2013, British daily newspaper the Guardian published a series of revelations on secret surveillance practices by the British General Communications Headquarters (GCHQ) and American National Security Agency (NSA).
    [Show full text]
  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
    1 Brad Greenspan, Pro Se 2 14938 Camden Ave Suite 47 3 San Jose, CA 95124 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 8 9 EUNICE HUTHART, ) Case No. CV 13-4253 MWF ) 10 Plaintiff, ) Honorable Michael W. Fitzgerald 11 v. ) ) 12 ) 13 ) ) 14 ) NOTICE OF ERRATA 15 REGARDING MOTION TO INTERVENE 16 NEWS CORPORATION, NI GROUP 17 LIMITED f/k/a NEWS ) INTERNATIONAL LIMITED, ) 18 19 NEWS GROUP NEWSPAPERS ) LIMITED, and JOHN and JANE ) 20 DOES 1-10 ) 21 ) Defendants. ) 22 ) 23 ) 24 25 26 27 28 1 NOTICE OF ERRATA 1 2 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE 4 Petitioner respectfully submit the following corrections to certain limited portions of 5 6 the pleadings Entered into the Court filing system on May 6, 2014. 7 Specifically, petitioner wishes to correct certain pleadings as set forth below. 8 Plaintiff Motion to Intervene Conclusion section And Exhibits. 9 10 Because of the last minute clerical changes to the numbering of certain exhibits and 11 conversion of pleadings from a Word document - prior to filing the document – the 12 spacing and formatting and certain sections were omitted and inserted erroneously 13 14 from incorrect versions. Plaintiff did not realize the error in these citations until after 15 the Pleadings were filed and Defendant’s May 19, 2014 claims were reviewed. In 16 particular, Plaintiff wishes to make the following corrections to certain Documents in 17 18 the pleadings 19 20 A. Correction #1 – on page 22 of filed May 2, 2014 Motion To Intervene: 21 22 “39.
    [Show full text]
  • Leveson's Illiberal Legacy
    LEVESON’S ILLIBERAL LEGACY AUTHORS HELEN ANTHONY MIKE HARRIS BREAKING SASHY NATHAN PADRAIG REIDY NEWS FOREWORD BY PROFESSOR TIM LUCKHURST PRESS FREEDOM UNDER ATTACK , LEVESON S ILLIBERAL LEGACY FOREWORD EXECUTIVE SUMMARY 1. WHY IS THE FREE PRESS IMPORTANT? 2. THE LEVESON INQUIRY, REPORT AND RECOMMENDATIONS 2.1 A background to Leveson: previous inquiries and press complaints bodies 2.2 The Leveson Inquiry’s Limits • Skewed analysis • Participatory blind spots 2.3 Arbitration 2.4 Exemplary Damages 2.5 Police whistleblowers and press contact 2.6 Data Protection 2.7 Online Press 2.8 Public Interest 3. THE LEGISLATIVE FRAMEWORK – A LEGAL ANALYSIS 3.1 A rushed and unconstitutional regime 3.2 The use of statute to regulate the press 3.3 The Royal Charter and the Enterprise and Regulatory Reform Act 2013 • The use of a Royal Charter • Reporting to Parliament • Arbitration • Apologies • Fines 3.4 The Crime and Courts Act 2013 • Freedom of expression • ‘Provided for by law’ • ‘Outrageous’ • ‘Relevant publisher’ • Exemplary damages and proportionality • Punitive costs and the chilling effect • Right to a fair trial • Right to not be discriminated against 3.5 The Press Recognition Panel 4. THE WIDER IMPACT 4.1 Self-regulation: the international norm 4.2 International response 4.3 The international impact on press freedom 5. RECOMMENDATIONS 6. CONCLUSION 3 , LEVESON S ILLIBERAL LEGACY 4 , LEVESON S ILLIBERAL LEGACY FOREWORD BY TIM LUCKHURST PRESS FREEDOM: RESTORING BRITAIN’S REPUTATION n January 2014 I felt honour bound to participate in a meeting, the very ‘Our liberty cannot existence of which left me saddened be guarded but by the and ashamed.
    [Show full text]
  • The Murdoch Media Empire and the Spectacle of Scandal.Pdf
    International Journal of Communication 6 (2012), Feature 1169–1200 1932–8036/2012FEA1169 The Murdoch Media Empire and the Spectacle of Scandal 1 DOUGLAS KELLNER University of California, Los Angeles The press, designed for freedom's best defence, And learning, morals, wisdom to dispense, Perverted, poisoned, lost to honor's rules, Is made the sport of knaves, to govern fools. ~ Philadelphia Public Ledger, 1839 In July 2011, dramatic revelations concerning misdeeds by Rupert Murdoch’s News of the World (NOTW), one of the most successful tabloid newspapers in history, erupted, creating a vast media spectacle that was compared to Watergate and that threatened the existence of Murdoch’s global media empire (Bernstein, 2011). Richard Nixon’s Watergate crisis implicated the president in a series of scandals that led to the famous Senate Watergate Hearings, a major media spectacle of 1973, followed by his resignation from office, a first for a U.S. president. The cascading scandals in Rupert Murdoch’s media empire were thus referred to in some circles as “Murdochgate” (see Bernstein, 2011), a series of outrages and crimes that are continuing to undermine his media power and empire in 2012 and the foreseeable future. For years, there had been accusations that employees of Murdoch’s various tabloid newspapers had hacked telephones to gain information and pay police and other informers for news stories. In 2007, a News of the World reporter, Clive Goodman, and a convicted hacker, Glenn Mulcaire, were sent to jail for hacking the cell phones of members of the Royal Family, and reports surfaced in subsequent years that celebrities like Hugh Grant, Sienna Miller, and Jude Law were also hacked, as well as figures connected to sports, always an important domain of the spectacle.
    [Show full text]
  • The End of News of the World As We Know It
    The End of News of the World As We Know It British Newspaper Responses to News of the World ’s Cessation of Publication BA Thesis English Language and Culture, Utrecht University Suzanne Korteweg 3468305 Supervisor: Simon Cook June 2012 2 Contents 1. Introduction......................................................................................................... 3 2. Theoretical Framework....................................................................................... 4 Case: The End of News of the World ........................................................... 4 Media Discourse Analysis........................................................................... 7 The Editorial: Voice of the Newspaper....................................................... 8 British Newspapers: Owning a Mass Medium............................................ 9 The PCC, Press Ethics, and Politics............................................................ 13 Thesis........................................................................................................... 16 3. Methodology....................................................................................................... 18 Material........................................................................................................ 18 Procedure..................................................................................................... 21 4. Results................................................................................................................. 24
    [Show full text]