Perspectives

— A look at 2010 through the eyes of the people who come into contact with the Press Complaints Commission

THE DAILY NEWS SAMARITANSS AMARITANS The Press Complaints Commission (PCC) is an independent body which administers the system of self-regulation for the press. It does so primarily by dealing with complaints, framed within the terms of the Editors’ Code of Practice, about the editorial content of newspapers and magazines (and their websites, including editorial audio-visual material) and the conduct of journalists. It can also assist individuals by representing their interests to editors in advance of an article about them being published.

In this Perspectives booklet, we have sought to show the relevance of the PCC to all sorts of people across society, from ordinary members of the public to celebrities. Rather than write in our own words about what we do, we have chosen to hand that task over to those who know us best, and asked them to give their own views about us. We hope you will enjoy reading the range of opinions that appear here, which we hope will bring our work to life.

In order to provide some context to the perspectives, we have included responses from the PCC throughout the document, which give information about our work in a particular area.

Public representatives — p.6

PCC Chairman’s perspective Professional representatives — p.2 — p.12

Newspapers and magazines — p.16 Complainants — p.10

THE DAILY NEWS SAMARITANSS AMARITANS The Press Complaints Commission — p.22 Historical perspective — p.29

Constructive critics — p.24 International perspective — p.27

PCC Perspectives — 1 PCC Chairman’s perspective

Baroness Buscombe

2010 itself contained clear evidence of the PCC looking to better itself for the future

Peta Buscombe Chairman

I’m delighted to give my perspective to those who feel vulnerable in the I hope these perspectives will give a alongside all of those who have face of press attention. fair refl ection of the work of the PCC contributed to this publication. It and how it is regarded. We will take is always a useful exercise to look I can assure you that the perspectives on board praise and criticism. We at yourself as others do, and at the are the genuine opinions of a always do. One of the great strengths PCC we take very seriously the range of contributors such as MPs, of the PCC is its willingness to constructive commentary of those lawyers, academics, PR consultants, adapt and evolve. As I enter my third we work with and for. complainants, charities and year as Chairman, I want to make newspaper and magazine industry special mention of the dedication I am particularly pleased that people fi gures. It shows the wide variety of and application of the PCC staff, and organisations who have actually different people we serve and the place who focus all their efforts upon used our public service, like the of the PCC in British society today. providing a valuable public service. Samaritans and Cumbria Police, have You will notice the bustling street I regularly meet many people who contributed to this year’s Review. scene on the cover of this document: have benefi ted from the PCC’s work They have direct experience of how the point of the PCC is that we seek and actions and I am moved by some the PCC can help, and the service to engage with everyone in the UK of the cases of vulnerable people that we can offer. It is striking – but to help hold editors to account for who can face harassment, intrusion no more than should be expected – their actions, and require that editors and discrimination through no fault how those who experience the PCC also hold themselves to account. of their own. often come away pleased with I would particularly urge you to how they have been treated. I hope read the historical perspective by One of my continuing frustrations is that Clare Balding speaks for other Professor Robert Pinker, which gives the diffi culty we have in convincing complainants, when she speaks of a fascinating context to where we some people that the PCC’s PCC staff being “extremely helpful” are now and shows how we got here. enforcement of the Editors’ Code of

2 — PCC Perspectives Practice works, particularly in the time to have a look if you can. As any way. Nor can we interfere with relation to privacy. It is a with this document, our aim is to ongoing legal actions, which are straightforward problem: success reveal all the wide-ranging work we based on information to which we must often be measured by the do, for which we perhaps are given are not currently privy. invisible. A lot of the effective work too scant credit by some. performed by the PCC is below the However, we can take steps that surface. It is refl ected in the articles That said, there is much more we can I believe are necessary and in the that do not appear, the journalists do, and there are diffi cult issues that public interest: we will draw together that do not turn up on someone’s the PCC must face with vigour. While the information that comes out of the doorstep and the stories that are not 2010 was a successful year – in my legal process, so that we have a clear pursued. Many people contact us to view – in terms of the decisions we picture of what has happened; we use our anti-harassment mechanism reached and the people we helped, will ask the News of the World, and whereby messages to editors to call it would be wrong to downplay the any other relevant newspaper, to give off their photographers and reporters challenges ahead. a full and public account of itself in are passed on. It has a near 100% light of that information; we will success rate. Amid all the talk of review how the PCC has previously super-injunctions and the peril they addressed this entire issue, accept pose to free expression, we should I hope we what we could have done better and remember that the PCC operates a ensure our own game is raised; and pre-publication service that can work can increase – most importantly – proactively work with editors to prevent intrusion across the whole industry to ensure before it happens. We are more active understanding that systems are in place to assure than judges in defending people’s improved future practice. privacy, and do so while balancing of the PCC the protection of the individual with It was with these tasks in mind the right of free speech. to match the that the PCC set up a Phone Hacking Review Committee at the beginning We are heartened by regular feedback impressive level of 2011. It comprises two recently that shows that the work we do is appointed lay Commissioners, both valuable and valued. We know from of awareness of whom are experts in relevant legal recent polling that there is large fi elds: Ian Walden (Professor of awareness among the public (81%) Information and Communications of the PCC and that of those who First, phone hacking. This is a subject Law, Queen Mary, University of have an opinion the vast majority which remains a major concern for me London) and Julie Spence (former (75%) regard the PCC as effective or and the Commission, in terms of what Chief Constable, Cambridgeshire very effective. I hope we can increase it says about journalistic ethics in this Police). It also has one editorial understanding of the PCC to match country. I condemn unequivocally Commissioner in John McLellan, the the impressive level of awareness and what took place at the News of the editor of The Scotsman. It will make I hope the PCC’s recent advertising World. It is right that the PCC must recommendations to the Commission, campaign will enable more people play a part in ensuring that the which will be published. to use and benefi t from our service. practice of illegal and intrusive interception of phone messages The second challenge is perhaps In that broad context, let me take the is, and remains, stamped out. primarily for the industry itself. It is chance to draw your attention to the to ensure that the PCC remains remainder of our Annual Review for Of course, it is also right that the supported across the board in the 2010, which is online (www.pcc.org. police – who have reopened their coming year. The PCC requires and uk/review10). In it, you will see more investigation – take the lead in relies upon (and receives) co-operation of the key statistics for the year, the determining the further extent from publishers and editors in the important rulings that we made and of any criminality. The PCC must work it does. That must continue. It a calendar of PCC activity. Please take not prejudice that investigation in is regrettable that there is currently

PCC Perspectives — 3 PCC Chairman’s perspective continued

a funding dispute between Northern practice in the use of material taken We are & Shell and PressBof (which is the from social networking sites. We funding body for the PCC). I call upon train journalists and editors, so that heartened both sides to resolve this as soon as they navigate the diffi cult question possible. The system of self-regulation of what privacy actually means in a by regular in this country is too important to digital age. I believe we can also play be affected by quibbles over money. an important role in promoting feedback that discourse among the public about 2010 itself contained clear evidence of how best they can protect their own shows that the PCC looking to better itself for the privacy in the online environment, future: the independent Governance particularly in the context of what is the work we Review that reported in July. That published on sites like Facebook or Review, intelligently led by Vivien Twitter. To help us in this area and do is valuable Hepworth, was the fi rst such in the others like it, the Commission has history of the PCC and represented set up a permanent Online Working and valued an invaluable opportunity to test Group, which will continually examine the structures and processes that how the PCC and the Editors’ Code of have evolved since the organisation’s Practice can remain relevant online. establishment in 1991. It heard a very wide range of opinions and Early this year, we advertised for the produced recommendations to give appointment of three new public the PCC greater independence and Commissioners. We received nearly effectiveness. We are now in the 3,000 applications for the positions. process of implementing those Such a response is testament to both recommendations and the result the importance of the work the PCC should be a strengthened, more does, and – I hope – our reputation independent and effective PCC. across the UK. As we renew the membership of the Commission, so There can be no doubt that such we will be reminded that we must qualities are necessary in today’s always refresh and improve how we media world. The PCC, I believe, work. 2011 is already proving to be a has fi rmly established itself as the challenging year; we must make sure appropriate form of regulation for we meet the challenges, and more. We fast-moving online newspaper and must continue to ensure that the PCC, magazine content. For example, and the system of self-regulation, we have developed a clear set remains robust and effective, and is of precedents to help guide ethical seen to be so.

Did you know? Baroness Buscombe The PCC either criticised an editor or obtained remedial Chairman, action for the complainant Press Complaints Commission on 750 occasions in 2011

To see all of our statistics go to: www.pcc.org.uk/review10

4 — PCC Perspectives Putting it into perspective: — Why the PCC is here

The PCC is here to help and serve the public. Newspapers and magazines, like everyone else, make mistakes. That’s why the public need protection and a system to offer them speedy and ideally cost-free redress. The PCC independently upholds the agreed and binding self-regulatory Editors’ Code of Practice. It uses it to raise standards in the industry.

Find out more online: www.pcc.org.uk/review10

PCC Perspectives — 5 Public representatives

Although many people come to the PCC directly for advice or to make a complaint, we also work with those who represent members of the public. This includes Members of Parliament, or other elected representatives, who can assist constituents by liaising with us on their behalf. Increasingly, however, we also work with organisations and charities specialising in a particular subject area, who can help to channel complaints from those with a related concern about the press. We have asked some key fi gures to talk about their experience with the PCC.

SAMARITANS

6 — PCC Perspectives 1 Madeleine Moon There is also the longer-term support — Member of Parliament available. Families can be contacted for Bridgend months and years later, just as wounds are beginning to heal, and asked to sell The relationship between MPs and the their story. For many this brings back media is not always one of harmony memories of trauma and distress. The and ease. MPs are protective of their PCC can help here too. constituencies and are alert to any negative press coverage of events I speak from experience. If disaster there. As an MP you dread the thought strikes and the media circus comes of a disaster hitting the area you know to town, contact the PCC and use so intimately. their toolkit of help and support.

From experience I can say that the best Many MPs refer their constituents insurance policy to have is the telephone to the PCC when they have concerns number of the Press Complaints relating to articles which have Commission. When disaster strikes been, or are likely to be, published and the media circus comes to town in newspapers and magazines. MPs an impartial referee to help control the have acknowledged that the PCC show is essential. is a free and public service which is of value to those they serve. I found the PCC advice, support and In November 2010 the PCC held guidance invaluable. Its staff helped a Parliamentary Reception in the weather the torrent of stories which Palace of Westminster for MPs varied from the inaccurate to the hurtful and Peers, to help further foster and distressing. our working relationship with those in Parliament. Over 150 I have told colleagues that the PCC accepted our invitation to attend. can support local families involved in stories when at their most vulnerable, Madeleine Moon offers a personal and help protect them from some of perspective of how the PCC can the most excessive media practices. become a vital tool for MPs facing tragedy in their constituency. They can help the local authority, The PCC has worked closely with police, fi re and ambulance services to Madeleine and the newspaper and cope with myriad requests for interviews magazine industry both to help and statements. individual families in Bridgend, and to ensure responsible Most importantly they are there to reporting of suicides more remind a media desperate for a new generally. We continue to assist angle or an exclusive of the standards and advise in this crucial area they must adhere to. and liaise with the All-Party Parliamentary Group on Suicide Once the story begins to die the media and Self Harm Prevention. move on, but the PCC will help pick up the pieces. Public meetings and refl ecting — Press Complaints Commission on and examining lessons learned are just part of the services available.

PCC Perspectives — 7 Public representatives 2 Gill Shearer Perspectives such as this from continued — Head of Marketing Cumbria Police really help to and Communications, demonstrate the reality of what Cumbria Police can sometimes happen when a major news story breaks. We The Press Complaints Commission has regularly speak to ordinary people a crucial role in supporting members of at the centre of media stories, the public dealing with the media at times and understand the concerns of signifi cant emotional distress such as that people have around being the West Cumbria shootings in June 2010. approached by journalists. In the past few years, we have doubled The PCC initially approached Cumbria our efforts to ensure that people Constabulary on 2nd June – the day of who may be feeling vulnerable the shootings. However, it took a few as a result of their involvement days to establish a process where the in a newsworthy incident know necessary level of information was being how to contact us. passed from the communities, via the police, to make formal complaints. Although we can approach people Feelings of intrusion were caused by directly, usually we will make a range of different media outlets at contact via an intermediary varying times, which further increased such as the relevant police force. the distress to the families. It follows that one of our most important ongoing initiatives is Since the shootings we have worked to maintain good contact with pro-actively with the PCC and the the police throughout the UK affected families to ensure the media (as well as court services and knows which of the families do not those involved in bereavement want to be contacted by the journalists. support) to ensure that, if they are To date this has worked well and has approached by someone for advice, removed some of the distress that they know how the PCC can help if the families have felt when approached they do not wish to speak (though, directly by the media. of course, many people do).

Our work with the PCC will continue We have recently undertaken as we approach key times such as the major revisions to our advice fi rst anniversary. on dealing with media attention following a death. We hope this The impact and pressure of the media will enable us to explain better on the families and the communities some of the practical implications of West Cumbria was completely of losing a loved one. Copies overwhelming for many, and will be disseminated widely understandably so. In such high-profi le throughout the UK and you situations I would urge the public – and can also read the new text on organisations which represent the public our website: www.pcc.org.uk – to make early contact with the PCC to help in trying to balance the right — Press Complaints Commission of journalists to report and the right of the shocked and the bereaved to avoid intrusion. Our relationship with the PCC means that we can pick up the phone to them on an informal basis and seek guidance on the best way to work with the press

8 — PCC Perspectives 3 Lucy McGee Some institutions are likely to be Samaritans reviews more than 3000 — Director of Communications, the subject of considerable media articles about suicide each year, and West London Mental attention on a regular basis. we understand that there is a fi ne line Health NHS Trust High-secure Broadmoor Hospital between working constructively with is one example and it is perhaps the media and being seen as trying It’s impossible to underestimate the unsurprising that it has developed to restrict press freedom. evocative power of the word ‘Broadmoor’ a close working relationship with for the British public. It’s loaded with the PCC, especially in recent times, Our relationship with the PCC means symbolism and packs a powerful frisson. as it seeks to tackle reporting that that we can pick up the phone to them It pops up on Google as a metaphor for is inaccurate or misleading. By on an informal basis and seek guidance evil almost as often as it does described working with the PCC to resolve on the best way to work with the press. (wrongly) as a prison. The man in the complaints amicably and without PCC staff will always answer honestly, street could grow old without learning rancour, Broadmoor Hospital – like so we can avoid taking forward that Broadmoor Hospital is respected other newsworthy organisations – unnecessary complaints. globally as a leader in the treatment and has been able to raise levels of research of serious and complex mental understanding about its work. We value the experience the PCC health problems. has in dealing with complaints against Reporting of mental illness is newspapers, because it gives us Challenging inaccurate or unfair reporting a subject on which the PCC has access to their excellent judgement in the media is an aspect of the PCC’s focused heavily over the last and sound advice. role that we’ve valued. It has helped few years and it is an area of us secure redress many times for reporting which has arguably The work done by the PCC in the thoughtless, misinformed or sloppy seen a signifi cant improvement area of suicide reporting has been coverage about Broadmoor Hospital and as a consequence. In 2010, we well-documented over recent years mental illness in general, and even for co-hosted with Shift and the and we are proud of the downright bigotry. PCC advice is always Royal College of Psychiatrists a improvements there have been in prompt, balanced and pragmatic. hugely successful event, at which the way that newspapers and we brought together mental magazines cover such tragedies. More than this, what’s characterised health professionals and media Our close work with Samaritans is the partnership that we at West London representatives to discuss a range a very good example of the way in Mental Health Trust have experienced of sensitive issues. You can read which the PCC carries out its wider is proactivity. Recognising that language more about the event at www.pcc. standards role, for only a small is just a symptom, the PCC has org.uk/events. The PCC’s guidance portion of our relationship is about supported us in the long game of on reporting mental health issues dealing with concrete complaints. anti-stigma, too: educating journalists can be seen at http://www.pcc.org. The more signifi cant part is about about the facts of mental health and uk/advice/editorials.html facilitating a constructive dialogue the institutions that treat it. between an expert organisation — Press Complaints Commission (Samaritans) and key editorial This matters because the young men executives. who come to us at Broadmoor Hospital are not new to psychiatric ill-health. Their 4 Nicola Peckett There is no doubt that the press usually already diffi cult lives have been — Head of Communications, has taken on board the important complicated by it for years. But the Samaritans message about the potential shame and stigma attached to mental impact on vulnerable people of illness (exacerbated by ill-informed, or, The support that the PCC provides excessively detailed reporting worse, discriminatory representation of it Samaritans is hugely helpful in our about suicide. Editors regularly in the media) have prevented them from work to ensure responsible reporting contact the PCC for advice on seeking help, locking them in a terrible of suicide. this topic and have displayed an trajectory towards personal disaster. eagerness to discuss the subject It has long been known that publishing at seminars. Through mediation, promotion of best excessive detail about the method of practice, helpful introductions and suicide can encourage others to — Press Complaints Commission informative seminars, the PCC tries to emulate the suicide in what is known as show that fi delity to press freedom a copycat death. Samaritans’ aim is doesn’t have to mean infringing to work with the media to prevent someone else’s, and nor does the coverage which could be harmful to complex truth about mental health vulnerable individuals. make for a less compelling story.

PCC Perspectives — 9 Complainants

As we hope this document will help to illustrate, people who complain to the PCC do so about many different sorts of problems. 94% of all our complainants lay no claim to celebrity, and come to us often to protect their privacy. That is why this section – alongside the comments of Clare Balding, who had a well-reported complaint upheld by the PCC – primarily contains the remarks of anonymised individuals from all walks of life. The quotes published in this section have all been provided by people who have used our services in the past year or so, either by making complaints or coming to us for help with harassment. They have been included here to give a sense of the reality – and importance – of our day-to-day work.

1 Clare Balding of interaction between The Sunday — TV Presenter Times lawyer and myself as the ball I found the was batted back and forth but the I complained to the PCC over an PCC stepped in and put a stop to it PCC to be offensive and unnecessarily derogatory once it was clear that the complaint reference to my sexuality by A.A. Gill in had legitimacy and I was not going extremely The Sunday Times. I had already written to back down. to the editor of The Sunday Times but helpful in it was his high-handed response that The process itself took a long time persuaded me to take further action. It is because many of the panel were away guiding me a big step to take on a major newspaper for the month of August but as soon as in such a public way but Scott Langham the decision was made, I was made through the (PCC Head of Complaints), with whom aware of the outcome shortly before it I dealt directly, seemed very aware of was made public, so that I had time to process the vulnerability felt by all complainants. take it in. The only disappointing aspect was that while the PCC can ensure that I did not employ a lawyer and am very The Sunday Times print the decision glad of that, both in terms of expense in full, they cannot actually make them spared but also it meant I could remain apologise, which they still haven’t. personally involved every step of the way. I found the PCC to be extremely helpful You can read the Commission’s in guiding me through the process and adjudication in this case on our ensuring that I was neither afraid nor website: http://www.pcc.org.uk/ confused. I was surprised by the amount cases/adjudicated.html

10 — PCC Perspectives persistent work I doubt very much “Thank you for your help. I feel better we’d have got this far so thank you now I know I can be left alone to give very much.” my husband all the support he deserves to get him out of hospital and home to “I was extremely pleased with your his family where he belongs.” service. Your staff were effi cient, helpful and the whole matter dealt with in “I’m very relieved to say that in the story good time.” printed on Mon 18th Jan, I was not mentioned by name [as a victim of violent [“The helpline was] a most helpful crime]. I haven’t seen anything published and well-informed service. Advice anywhere else as yet.” was straightforward and clear.” The PCC very much sees its role “I was pleased that [the] PCC were so as a public service: one that is swift and helpful. My complaint was not available to anyone, at any time, solved as I would have hoped but the and at no cost. We want people PCC did as much as they could and to feel that they can contact us I am grateful!” for confi dential advice about any aspect of press reporting. “Obviously those complaining are often We are always happy to speak to hurt or angry – the kind manner of your people who might be concerned staff makes the process less stressful about a story that has yet to be and it is appreciated.” published, as well as to people who might be concerned about “Refreshing to communicate with people something that has already clearly intent on being honest and appeared. PCC staff advocate on reaching a balanced [resolution] to issues.” behalf of members of the public when dealing with their complaints, The PCC also deals a lot with aiming to secure redress that is pre-publication concerns, especially both proportionate and meaningful in order to prevent harassment to the complainant. by journalists and broadcasters. This service is entirely confi dential Last year, in addition to dealing to the complainant, with the with over 7,000 formal complaints, purpose of minimising harm we sent out over 100 private in a discreet fashion. advisory messages to newspaper and magazine editors on behalf “Many thanks for your help in this matter, of someone who was concerned 2 Key success stories I am very pleased about [the newspaper’s about a story. We also proactively decision not to publish] and can made 25 approaches to individuals Here are some perspectives of now give a sigh of relief – for now.” following a major incident, who those who have made formal we thought might need to know complaints to the PCC in 2010: “Thank you for your email, with about how we could help them. attachment. I have passed the This area of work has grown “I would also like to say on behalf of the information on to the family and they tremendously in the past few family that the service and response appreciate both your concern, and years, and is something we will received to our complaint, by [PCC staff] your help in providing the briefi ng note. continue to focus our efforts on. was exemplary and your professional To date, the family are happy with the and considerate approach to such a sensitive way in which the media have — Press Complaints Commission sensitive matter was most appreciated.” responded to their wishes. Should that position change, or if we require “Thanks again, if only all the other further information, I will contact you.” complaint bodies I have been dealing with were as speedy and effi cient as “I just wanted to drop you a line to say yourselves! Thanks for resolving this thank you for your help yesterday. The so quickly.” local Police Community Support Offi cer contacted me earlier to say that as far “My mother and I would like to express as the offi cers could see, no members our utmost gratitude and thank you of the press turned up at the funeral for your continuous efforts in providing which will have been a big relief for us with a positive outcome regarding the family.” this issue, had it not been for your

PCC Perspectives — 11 Professional representatives

For those in the public eye, attention from journalists and photographers can come with the territory. There are times, however, when media approaches and coverage can be inappropriate under the terms of the Editors’ Code of Practice. The PCC works with lawyers and PR agents to deal with any concerns their clients might have about possible harassment or intrusion, and to consider complaints about published material. The system they use, and the service they receive, is of course the same as for those without representation.

1 Janice Troup — Head of ITV Programme Publicity, Drama and Soaps

We have a hotline to the PCC! Maybe not exactly a hotline, but sometimes it feels that way. As the ITV Press Offi ce which represents Coronation Street and Emmerdale in all press matters, we often fi nd an awful lot goes well, but there are occasions when inaccuracies creep into Over time we’ve had our fair share Thus the importance of the role of the reporting and we feel the need to make of complaints based on inaccurate PCC in regulating press excesses and our feelings known and clarify our reporting, privacy issues, harassment offering redress to those wronged by it position on behalf of the Company, the of high profi le individuals, newspapers can never be underestimated. The body programme or an individual actor. intent on revealing medical conditions attracts some criticism for the fact that and we’ve also had to protect bereaved it is funded by the newspaper industry Wherever possible, clearly we’ll attempt actors at their most vulnerable times. and that consequently, its powers as our own mediation, but if this fails to Subsequently, much of the work we a regulator are allegedly limited. reach a satisfactory resolution and invest in these situations is unseen as there’s a fairly strong point still to be newspapers accept that the Code of Nevertheless, I believe it offers a valuable made we’ll consult the Press Complaints Practice is in place. We wouldn’t be service to all those involved in reputation Commission for impartial, informative, as successful in our daily work without management and in what may loosely accurate and practical advice. No the guidance of the PCC who strive to be termed the “PR industry”. matter how convoluted the issue we’ll uphold fair, accurate and just reporting. work it through, consider all angles, Expensive media lawyers are occasionally repercussions and implications before derogatory about its ability to right deciding whether to proceed with a 2 Ian Monk newspapers’ wrongdoings, but the PCC formal complaint. Consequently, we — Ian Monk Associates plays a crucial role in offering redress don’t make a complaint lightly and really to victims of published inaccuracies as appreciate the conscientious and There remain few forces as potent as well as protection to those threatened dedicated approach the PCC applies newspapers in building or demolishing with intrusion and harassment. to resolving each complaint and the reputations of individuals, be they of swift way in which the team liaises private citizens or individuals whose For a start the PCC is enormously with newspapers to reach the root stardom in whatever fi eld attracts accessible. Its team is available most of a situation. media attention. hours to offer informal and

12 — PCC Perspectives THE DAILY NEWS

knowledgeable advice on how best to I will continue to use its services on One area where celebrities use handle situations potentially damaging to behalf of clients, both famous and the PCC is to communicate a client, be he or she famous or the previously unknown to the public. their concerns about paparazzi “ordinary person” caught in the spotlight harassment. The PCC makes of the news agenda. The PCC’s service is available to all editors aware of specifi c problems, whether celebrity or non-celebrity. and asks them to ensure that they The PCC has a strong voice and Over 90% of complaints are from do not publish material that is not constant access to editors and decision ordinary members of the public. compliant with the Code. Decisions makers in the newspaper world. I have not to publish photographs affect found that this works effectively for However, the service provided by the market for them, and therefore example, in curbing harassment before the PCC is also regularly used by reduce the paparazzi presence. its fruits, in the shape of intrusive public relations consultants. They photographs, appear in print. often contact the PCC – on behalf The PCC is designed to be of their clients – before and after complementary to the legal system, Equally if an inaccuracy has been publication. The idea is that a and many lawyers either advise published, the PCC is capable of fl exing conciliatory system, which can their clients to come to the PCC its muscle to ensure that its critical be fast-moving and immediate, is direct or represent them in adjudications are published prominently a useful means by which PRs can complaints. There are many and promptly in the offending obtain protection and redress for occasions when use of the PCC newspaper. those in the public eye. PCC staff will prevent the need for expensive members often give presentations and antagonistic legal action. Often, too, the PCC’s skills can be utilised to public relations consultancies alongside those of the smart media and practitioners to help them — Press Complaints Commission lawyers who occasionally criticise it. use us better.

PCC Perspectives — 13 Professional representatives 3 Polly Ravenscroft 5 Roderick Dadak continued — MD, PR Squared Ltd — Partner, Head of Defamation, Media, Brands and The PCC has been an invaluable service Technology, Lewis Silkin to me; I have found that they are fair minded when dealing with both PRs It is all too easy to criticise self-regulation and the newspapers so you know you by the media which is the task of can rely on them for honest answers. the Press Complaints Commission. Nobody would pretend that it doesn’t They have been most useful on offering have shortcomings or that mistakes advice for our clients whether they be for have not been made – and they a medical or privacy issue. They also help get plenty of publicity. But it is enormously on bigger TV shows where in fact remarkably successful. duty of care is of paramount importance for the production company. Contestants With a robust Code of Practice it of shows often fi nd themselves and provides a public service which, apart their families thrown into the spotlight from being free, is fair and is relatively and the PCC’s guidance is always quick. The Code is respected by the gratefully received. Courts, and indeed is specifi cally relied upon as a guide to the application of the balancing exercise between freedom of 4 Nick Armstrong expression and the right to a private life. — Partner, Charles Russell LLP However, ultimately its best advertisement is the number of complaints that are An essential aspect of the PCC’s work successfully concluded. There is a false which is underrated is the assistance assumption that most members of the it can provide behind the scenes, as public who complain against the media part of the negotiation process which want money. They don’t. The majority underlies the successful resolution of want an apology. All the evidence the majority of media-related issues. suggests that the PCC succeed in By defi nition, this ‘behind the scenes’ achieving a satisfactory outcome, work is less known than the more public through mediation or adjudication, process of complaints and adjudications. without falling foul of allegations of bias or giving inadequate consideration In my role as a media litigation solicitor to complaints made. advising clients about contentious media issues, having a fl exible range The media take the PCC and the Code of options is key to dealing effectively very seriously, both nationally and with cases where the facts and tactical regionally, and that also demonstrates its considerations vary widely. Only rarely effectiveness. There have been calls for is immediate recourse to law appropriate. statutory controls to be introduced in Far more often, the essential element place of self-regulation but in the face of is to seek to persuade the press that a proven track record in the vast majority what they are proposing to publish of complaints and determined, and or have published is not (or not wholly) substantial, strides over the last few appropriate, and to negotiate a years to improve the Code, and its suitable resolution. implementation, by addressing shortcomings, adapting and amending The PCC, in being available to broker it where appropriate, there isn’t really or inform such discussions, warn of any need to replace it. The PCC has potential breaches of the Code, and the fl exibility to adapt and change which participate in negotiations at an editorial a statutory body could never achieve. level, can provide a valuable extra It isn’t perfect but overall it works. element enabling such resolutions to There is still room for improvement be achieved. In addition, their hotline but credit should be given where credit service for dealing with situations where is due and in a cash-strapped society clients are harassed by a press ‘scrum’ the free and fair service the PCC offers is a crucial extra resource. should be supported.

Working with the PCC has often contributed much to obtaining the best outcome for clients faced with press-related diffi culties.

14 — PCC Perspectives Sign up to our mailing list: www.pcc.org.uk/mailing/index

Putting it into perspective: — People won’t know they need us until they do

The PCC is here for everyone: from those affected by a death reported in their local paper to a celebrity being pursued by paparazzi. The vast majority of people who seek our help are ordinary members of the public who want to address issues such as accuracy and privacy.

PCC Perspectives — 15 Newspapers and magazines

The PCC’s remit covers small weekly and daily titles, trade and consumer magazines, and national daily and Sunday titles as well as their websites. In other words, a broad spectrum of the UK media. It is important for the success of press self-regulation that editors and journalists support the PCC’s work and co-operate with it when complaints are made. In this section, six individuals from across the newspaper and magazine industry explain their take on the PCC and the practical impact it has on their work.

THE DAILY

1 Doug Wills the wisdom of Solomon on such absolutely central to the success of — Managing Editor, occasions: in our experience it nearly the system of regulation overseen Evening Standard always achieves this. Even if we disagree by the Commission and explains with its judgement, we abide by it. This why we are able to settle amicably The Evening Standard is a fi rm is the only way that the Commission the vast majority of complaints that supporter of all the things that the Press can act with authority. It is to the credit we judge to have merit (544 in 2010). Complaints Commission stands for as of the Commission that readers who an independent arbiter ensuring that complain have shown similar respect The notion that editors can trust newspapers are fair and accurate. We in accepting its verdict. the PCC to be impartial and do, of course, set out with the intention consistent is borne out by the that all our articles meet these basic It is crucial that the PCC maintains frequency with which the criteria expected of all journalists. We a healthy distance from the Commission’s staff are contacted may, though, slip from the high pedestal newspaper industry. Our primary by representatives of newspapers of good judgement for any number of aim is, after all, to obtain redress and magazines for pre-publication reasons, from the pressure of time to for individuals who have been advice. We will not tell an editor inaccurate information supplied to us. wronged by the press. However, in that they can or cannot publish a It is also possible that we fail to meet order that we can achieve that end, story, but we will give as much the levels of good taste that a reader it is necessary for the Commission guidance as possible about whether may expect of us. It is when the Evening to have a good working relationship material is likely to raise issues Standard, or indeed any newspaper, with editors, managing editors of concern under the Code – and disagrees with its readers that there and their representatives. This we will point to past cases that must be an adjudicator who is respected element of co-operation – based can guide their decision-making. by both parties. The Press Complaints on mutual trust between the PCC, Commission is asked to pronounce with complainants and journalists – is — Press Complaints Commission

16 — PCC Perspectives further thought if a relatively small PCC 3 Donald Martin and hard-pressed editors are to respond — Editor, The Sunday Post most effectively to serious cases and/or & The Weekly News; those from individuals and organisations Editor-in-Chief, featured in our reporting. DC Thomson Newspapers

In addition to complaints activity, Receiving a PCC complaint always more than 100 Guardian and Observer sends a slight shiver down my journalists have benefi ted from training spine. Often much more so than sessions presented in our offi ces by a a lawyer’s letter. senior member of the PCC directorate, while managing editors have participated To have a complaint upheld for failing in industry seminars organised by the to abide by the Code would be a PCC to explore important topics such as personal failure for myself as an editor mental health reporting, and evolving and one I certainly don’t want to areas around privacy, data protection share with my readers through a and social media content. published adjudication.

The Guardian believes in self-regulation And that personal motivation is one of and supports the PCC, but we believe it the key strengths of the PCC. It puts can be effective only if it commands the pressure on newspapers to go that respect of journalists and the trust of the extra mile to resolve a complaint, often NEWS public. Over the past year it is no secret pragmatically conceding ground and that we have taken issue with some taking a more conciliatory tone than aspects of the work of the PCC. The we would in a legal dispute. Guardian has applied pressure – directly and through recommendations to the The push for a satisfactory resolution is PCC governance review under Vivien handled with great skill by the PCC’s Hepworth – aimed at encouraging a staff. There is open dialogue and a real Commission that has greater authority, understanding and appreciation of how transparency and investigative muscle. we operate as newspapers and the These interventions have been the work diffi culties we often face. of a critical friend. We were pleased that the review made a number of proposals More importantly, the staff are on hand last summer that should help create with clear guidance and advice before a more proactive and accountable publication. That not only avoids PCC, and we welcome the assurance complaints arising but establishes a of director Stephen Abell, given in positive working relationship and mutual 2 Elisabeth Ribbans September 2010, that the Commission trust. I welcome that proactive approach — Managing Editor, will re-examine evidence of phone and have benefi ted many times from it The Guardian hacking once parliamentary and police over the years. investigations are complete. The Guardian has continued to work In my experience, the service the well with the PCC on casework and There are myriad challenges in the global PCC provides is fair, free and impartial training during a busy 2010. Over this digital era, as we know not only from and crucially of equal value to both period we received 24 complaints our interaction with the PCC but from complainants and editors. It ensures requiring response – a steadily increasing the experience of the Guardian and we, as journalists, aspire to the highest caseload that may be explained by the Observer readers’ editor offi ces, which standards and, on the rare occasion PCC’s awareness-raising activity, our offer a direct route (in addition to the we fall below, we work even harder to own increased editorial output, and numerous opportunities for engagement make amends. certainly the reach, longevity and across our sites) for thousands of interactivity of online journalism. We readers seeking corrections, clarifi cations are now seeing complaints concerning or other means of response each both our own journalism and comments year. Through the knowledge we have from readers posted beneath blogs, built up here, and through continuing and in some cases regarding articles constructive dialogue with the PCC, published many months or years we look forward to playing a full role in previously. Around 30% of complaints the drive to improve standards, ethics last year came from third parties not and accountability in journalism in the directly affected by the story in question years to come. (mostly in respect of international coverage), and this may be an area for

PCC Perspectives — 17 Newspapers and magazines continued

The self-regulatory nature of the PCC ensures editors are mindful of their actions at all times and offers an element of transparency

4 Lisa Burrow Naturally we co-operate fully with the same journalistic standards that we — Editor, Closer Magazine Commission to resolve any complaints held so dear when the only way we but we also work closely on prevention. published anything was through our As Closer combines celebrity and Our journalists understand the letter and printing presses. real-life content, every aspect of the spirit of the Code and seminars PCC Code affects us. But rather than presented by PCC representatives So it has been pleasing to see the limiting us, it encourages us to raise our have brought it to life with practical Press Complaints Commission engaged standards of responsibility and accuracy. examples and Q&A sessions. These in a consultation about the best way reinforce the human face of the PCC to uphold standards while respecting When it comes to real life, the guidelines and facilitate an ongoing dialogue the increased freedom of expression provide a framework of common sense whereby journalists can call for gained through these digital platforms. and respectful behaviour. pre-publication advice and guidance. We had a lively discussion on this topic In the celebrity arena the area of privacy The self-regulatory nature of the PCC at the Digital Editors’ Network when is notoriously tricky to navigate. Celebs ensures editors are mindful of their Will Gore (PCC Public Affairs Director) rely on our titles for self-promotion but actions at all times and offers an element joined us to talk about the PCC’s work. can cite privacy issues when less of transparency. Opting out exposes What was clear from that meeting fl attering stories circulate. On the rare the title to public mistrust thus and the PCC’s other work in this area occasions that Closer receives a undermining its credibility – the very is the need to ensure that wherever complaint, the PCC maintains neutrality thing we rely on to succeed. our journalism appears we must whilst attempting to broker resolutions demonstrate our commitment to that ensure the often precarious – but accuracy, fairness and accountability. symbiotic – working relationship between 5 Nick Turner agents and publications can continue. — Digital Strategy Manager, CN Group 6 Georgina Harvey However there can be frustrations; for — President of the example, there are those who use the Journalism is accessed through an Newspaper Society threat of the PCC to publicly complain, ever-increasing number of platforms occasionally leaking to other media including print, websites, apps, blogs A free press is recognised as the outlets the intention to complain to the and social networks such as Facebook cornerstone of any democracy. Commission. This behaviour risks and Twitter. Britain’s newspapers are rightly subject undermining the complaints process to the general laws of the land, including in my view, because publications may And whether it’s a video on a libel and contempt of court. But the become wary that the PCC is being newspaper’s website or a reporter’s UK government has always resisted used as a PR tool rather than as a Tweets from a council meeting it any move towards state regulation of mediator or adjudicator. is important that we uphold the the press.

18 — PCC Perspectives Regional and local The Press Complaints Commission But they are acutely aware that if they shows that self-regulation is the most do get it wrong and a complaint against newspapers are effective way to uphold strict editorial them is upheld by the PCC, this is a standards and responsible reporting, serious matter which exposes them to committed to the providing an independent means for public criticism. Every adjudication must self-regulatory the public to resolve complaints when be published prominently and in full and they arise. it remains on that newspaper’s record. system under the As a result, editors’ adherence to the Regional and local newspapers are Code and the industry’s unequivocal PCC and agree committed to the self-regulatory system support for the PCC means a more to be bound by under the PCC and agree to be bound responsible press, as well as a free press. by its adjudications. The Editors’ Code its adjudications of Practice is written into the employment contracts of the vast majority of the 7 Alison Hastings journalists of Britain’s 1,200 regional — PCC Journalism Trainer, newspapers. Our editors are in no doubt Former Editor, Evening that they are held to account for any Chronicle (Newcastle) breach of that Code. Getting a franked letter from the PCC The PCC works because it is free, in your editor’s in-tray does not make for accessible and effective for all members a great start to the day. Sometimes the of the public. That is possible because contents do not come as a surprise the newspaper and magazine industry is as the complainant has already been signed up to the system, provides the in touch. Or the letter can reveal a funding for its work, but respects its problem you didn’t even know existed. independence and authority. Whatever the eventual outcome, initially Editors of regional and local newspapers it will mean time and investigation. work hard to ensure the highest Along the way you could well feel standards of fair, ethical and accurate confi dent about your actions – or reporting. They continually strive to frustrated that one of your staff may balance the public’s right to know have let you down. And the best way against individual rights to privacy. to ensure that you, your publication and They may not always get it right. your journalists do not end up with an upheld complaint is to ensure you are all regularly trained.

PCC Perspectives — 19 Newspapers and magazines continued

The PCC believes that its commitment to training the industry is a vital part of its remit and responsibilities

With budgets in the media tighter than hard-fought jobs if they don’t. It’s also The Press Complaints Commission they have ever been, training can easily reassuring for them to learn that is not only a complaints body. It end up as discretionary spend. So the practices, which may have been much has a wider role in upholding and fact the PCC offers free, tailored more accepted in my day as a young setting standards, as well as in sessions across all departments means reporter in the mid-80s, are outlawed ensuring that those standards are they are always snapped up. Who’s by the Code. known and understood by people going to look a gift horse in the mouth? working in the newspaper and With all our training, we focus on magazine industry. Its role in For the past nine years, since I left making it targeted and practical – often training student journalists and the PCC as an editorial Commissioner, getting the journalists themselves to updating journalists who are I have personally carried out nearly decide on past cases. The debate already in post is therefore vital. 300 training sessions on its behalf for surrounding their decisions is where the the industry. These range from national learning lies, and helps bring to life a In 2010, PCC staff and newspaper department heads to 16-clause Code which is stuck up on the representatives undertook update university undergraduates on a media wall of a newsroom. seminars for 60 newspapers or journalism course. Both I and staff and magazines around the UK, from the PCC also regularly do practical The PCC believes that its commitment reaching hundreds of reporters, sessions in the regional press all over to training the industry is a vital part of photographers and editorial the UK. its remit and responsibilities. So it was executives. We highlighted key reassuring to discover in the PCC’s latest rulings and principles, explained The newspaper and magazine sessions focus group research with members the evolution of the PCC and sought are an opportunity for us to highlight of the public how important they too to underline the importance of important decisions plus changes to feel this proactive work is. It gives the balancing journalistic freedom the Code and their implications so they public confi dence that the industry takes with ethical responsibility. Our understand how some of these can set its obligations to maintain the highest seminars are becoming a regular fi rm precedents that will require changes professional standards seriously – part of a journalist’s ongoing in future practice. by devoting both time and money to professional development. learning and improving. It does not With university under- and post-grads it mean that journalists always get things — Press Complaints Commission helps focus their minds to know that for right, but we help them understand many it will be written into their contracts their obligations under the Code – of employment that they must abide by and ultimately help that in-tray look the Code – and that they can lose those less daunting.

20 — PCC Perspectives Putting it into perspective: — Pre-publication and desist notices

The PCC performs a lot of work before publication. It can assist individuals by representing their interests to editors in advance of an article about them being published, and operates a 24-hour anti-harassment hotline (manned by senior staff). We are able to send a request to be left alone across the whole newspaper and magazine industry, to some news and picture agencies, and even to broadcasters. This brings immediate relief from unwanted attention to those who need it.

Follow us on Twitter: @UKPCC

PCC Perspectives — 21 The Press Complaints Commission

People sometimes assume that ‘self-regulation’ means that the newspaper and magazine industry regulates itself, with no outside input at all. In fact, this is not the case. The PCC – with its clear majority of public members – is the independent part of the self-regulatory system. In this section, we have asked Simon Sapper to give his view on the PCC’s work and effectiveness based on his experience as a serving public Commission member.

Also given here is a perspective from one of the PCC’s Complaints Offi cers, whose work centres around liaising between complainants and publications. It is worth noting that no PCC staff member (who come from a range of backgrounds) has ever been employed as a journalist. This is important, as it ensures that we are able to operate independently of the newspaper and magazine industry in our day-to-day contact with it.

THE DAILY NEWS

22 — PCC Perspectives 1 Simon Sapper Could things be better? Of course. all of whom live in Russia or have — Assistant Secretary, We are implementing a wide-ranging close ties to the country, a decision Communication Workers’ Governance Review into how we work, that the Commission had not found an Union and PCC Public and I think the Code Committee (an outstanding breach of the Code in their Commission member entirely separate body which agrees case. Their representative responded: the Code we apply) should be more “We are disappointed with this decision. The starting point for my involvement responsive to views from outside At the same time, we have been with the PCC is that self-regulation of the industry. I’d also love to see a impressed by the effi ciency and fairness content is, for me, the only really viable toughening up of the Code clauses of the PCC proceedings in this case. model for a free press, albeit within legal on discrimination. It’s an ongoing This experience has reinforced our parameters on discrimination, incitement challenge to fi nd a way to make that belief in the principle of self-regulation and libel. That’s not to say current laws possible without drifting into censorship. of the media, which we hope will prevail and regulation on media ownership are in future Russia like it has prevailed in satisfactory. I don’t think they are – but Britain. We wish the PCC every success that is a different debate to the one 2 Charlotte Dewar in resisting pressure to replace the on how content should be regulated. — PCC Complaints Offi cer PCC with state regulation and preserving the important democratic principle of The Commission’s staff work with I joined the PCC as a Complaints Offi cer self-regulation.” fantastic professionalism and effi ciency. in early 2010. What struck me fi rst was So ignorance-based criticism of the the contrast between the Commission’s The PCC operates completely Secretariat is particularly unwarranted. public profi le, which is inevitably independently of the newspaper Too many people in glass houses too bound up in wider controversies about industry when it administers willing to throw stones, in my view. the British press, and the day-to-day the Editors’ Code of Practice. All experience of working here, which self-regulatory systems have some The process of making decisions is – while it often carries implications industry involvement, and this is of course crucial. Each Commissioner for industry practices – is constantly largely of benefi t to complainants: – the 10 public ones and seven focused on the people who come to us editors have made a public from the industry – receive a weekly for help, whether they are complainants commitment to the system, and bundle of cases with commentary or editors worried about running afoul accept its jurisdiction in advance. by the Secretariat. These form the of the Editors’ Code. basis for vigorous debate – fi rst in The PCC relies on, and expects, the correspondence and then around the Of course, not all of these concerns can co-operation of newspapers and table, face-to-face. Commissioners see be amicably resolved; in some cases, magazines to achieve its purpose. every case. Debates can be intense. But the Commission cannot establish a Editors come to the PCC for advice, that is right – these are not insignifi cant breach of the Code in material which has and act voluntarily when asked to issues that are under consideration. been the subject of a complaint. Where stop contacting those unwilling to The key issue is not simply what is these decisions relate to the publication speak to them. They also support ethically right or wrong, but whether of views which the complainant fi nds the ongoing system of training or not the Code has been breached. upsetting or offensive, there is a danger for journalists run by the PCC. that this may be interpreted as a sign that I believe that an outside observer Commissioners and staff have failed to But the industry must be in witnessing these debates would not be understand the complaint or are the minority in terms of the able to say which Commissioners were indifferent to the complainant’s distress. decision-making function public and which were from the industry. In such cases, the knowledge that the of the Commission. Of the Commission has upheld the principle 17 members of the PCC, only of freedom of expression by making seven are serving editors or a judgement based on the terms of editorial directors. The majority of the Code can seem like cold comfort. 10 public members is the largest of any similar press council in But freedom of expression is at the Europe. The PCC Chairman always core of what we do, and it is not comes from a non-newspaper only an abstract idea – it has human or magazine background. consequences. I was reminded of this after sending to a group of complainants, — Press Complaints Commission

PCC Perspectives — 23 Constructive critics

The PCC is often the subject of considerable comment from outside. This is to be expected, given the important role we play in society, and is something we welcome. In order to give a wider context to the perspectives that have been published so far in this document, we have invited comment from individuals who can approach the PCC with a more objective, and critical, assessment. They are in the best position to fl ag up the challenges that face the PCC. This includes Vivien Hepworth, the Chairman of the recent independent Governance Review Panel, which published a report in 2010 containing recommendations about how the PCC can improve (most of which have already been implemented).

1 Vivien Hepworth — Chairman of the independent Governance Review

My main concern when I took on the role of chairing the fi rst independent review of the governance of the PCC in 2009 was how some much-needed changes could be made without undermining all that had been achieved over the previous 18 years. I had served long enough on the Commission to have views about what needed to change; I was also respectful said a member of the Panel as we kicked We learned a lot from both the evidence of an organisation that had survived its off our discussions. “Until we know what and the people who came to see us. We tumultuous early days and pioneered a it is, how on earth can we test the rules were sometimes astonished at what Code of Practice that has been emulated under which it works?” people didn’t know – one witness with a in many other countries. keen interest in the PCC had not realised I can’t pretend we found this discussion that editors always withdraw from cases Core to the task were the three members easy. The telephone hacking affair was where their newspapers are involved. It of the panel who worked with me, not a direct part of our inquiry but the was an eye-opener in terms of the need Stephen Haddrill, Dr Elizabeth Vallance row about it provided a backdrop to our for more communication and we were and Eddie Young, and Catherine Speller work. As a panel, we were in favour of glad to see the Commission dealing with from the PCC offi ce. We decided self-regulation – but we wanted the rules this kind of issue without waiting for our to test the organisation against fi ve key and structures to support more rigorous fi nal report. Witnesses provided principles: clarity of purpose; effectiveness; discussion of diffi cult general issues such sometimes stringent criticism – but there independence; transparency; and as this at Commission meetings as well was a passionate desire to want the accountability. This helped us to organise as specifi c, challenging cases. We Commission to move forward and a lot our thinking and our questions as we set concluded that using committees to of good ideas. off to review the Articles of Association, tackle diffi cult issues and report to the taking written then oral evidence and Board would be a useful way for the In the end, we made 75 discrete considering our responses. Commission to work. We understood recommendations to the Commission the risk of the Commission pontifi cating and to their great credit they have Put like that, it all sounds very on everything and trying to run the accepted very nearly all of them. well-mannered – but we certainly did industry as opposed to regulating it have those diffi cult conversations that under the Code but we also thought Disappointments? We found some I have encountered during all my time that the Commission members were representatives of the industry nervous working with the PCC. “What is it?” well able to get that balance right. about change – too much so in my view.

24 — PCC Perspectives This refl ects no doubt the diffi culties I fi rmly believe that these new rules and individual basis to each of the in the early years, when everything structures will help the Commission 75 recommendations. Having was very fragile, but after all this time achieve a more self-confi dent position as accepted almost all of the points there really is no evidence that the an effective self-regulatory body in a raised by the Review both in lay-dominated Commission will go mad highly sensitive industry. letter and in spirit, we are now and try to run the industry. I was also underway with implementing surprised that the lay Commissioners The independent Review of the the recommendations, to ensure weren’t keen on our view that they need PCC’s governance marked an that we operate in the best and to stop reading every case given the important turning point in the most effective way possible. year-on-year increase in complaints and development of the PCC. It was the concentrate on the more diffi cult cases. fi rst time that our governance had We are very grateful to the I think they will need to revisit this. been examined by an external members of the panel for panel, and the thorough questions undertaking their roles with The Commission is now working on they posed during their review such thoughtfulness and diligence. implementation. The changes are too helped us to refl ect on both the detailed to reference in full here, but PCC’s evolution thus far, and how — Press Complaints Commission they include defi ning for the public we could further adapt to ensure what the Commission is and what it good practice for the future. The does, setting out its rules more clearly, PCC’s response to the independent appointing a deputy chairman, setting Review – published in December in place a new Audit Committee and 2010 – welcomed the new a new Nominations Committee and framework recommended by establishing new reporting standards. the panel, and responded on an

PCC Perspectives — 25 Constructive critics (much-loved) principle of the free press when Richard Desmond withdrew his continued without sometimes supporting the Express and Star titles from the system. (much-loathed) newspapers. In this light It is not unreasonable to question the the PCC has made some good but value of a regulator that cannot handle controversial decisions, refusing to complaints about four national uphold a complaint against the Daily Mail newspapers. for comments on the death of Stephen Gately, or against the Daily Mail and the So, does the public interest demand that Independent on Sunday by Sarah voluntary regulation now be abandoned? Baskerville, the civil servant whose use of Several former supporters think so. They Twitter was publicised by the press. are wrong. Things are bad and new media are bringing fresh challenges, but The European Court of Human Rights in legislators could still scour the world for Strasbourg and our own Supreme Court a better regulatory system. They would also balance free speech against other fi nd only censorship masquerading as rights and interests. They are not seen a servant of the people. as stooges of the media because they are not funded or overseen by The solution is for the PCC to embrace, representatives of the media. And so urgently, an enhanced role as a promoter the real challenge for the PCC is not of ethical standards in journalism. the nature of its adjudications but the Beyond the excellent work it does on nature of its funding and governance. behalf of so many complainants it must promote itself as a passionate champion These remarks are good at of ethics. highlighting the challenges that face the PCC, which perhaps come With newspaper circulations in decline, down to questions about how it it is no longer plausible to pretend that should defi ne its role as it continues old tricks work. If there was ever a case 2 Jonathan Heawood to develop as an organisation. for spinning to make news sexy, it is — Director of the writers’ Put another way: how should the destroyed by the plethora of sensation charity English PEN. PCC be an active agent in raising available online. Hyperbolic nonsense standards in the industry, while is ubiquitous on the internet. Modern Why should we care about the free still preserving freedom of readers are entitled to demand better. press? As a character says in Tom expression? We seek to answer Stoppard’s play Night and Day, “no these questions elsewhere in this They cherish trusted brands for their matter how imperfect things are, if you’ve document: by providing an effi cient ability to present news accurately and in got a free press everything is correctable, and accessible complaints service; context, complete with commentary and and without it everything is concealable.” by reaching out to those who need analysis. Newspapers no longer need Around the world, we have seen what us; by offering help pre-publication; to be sensational. Instead they must be happens when abuses of power cannot by training working journalists best at reporting thoroughly. Some call be challenged in the media. Syria, and students; and offering an it curating the news. Tunisia, Libya, Yemen and Bahrain were overall lead to the industry in among the lowest ranked countries in ethical issues. There is much work The PCC must put promoting ethics on the 2010 World Press Freedom Index. to do here, and we must ensure an equal footing with its role as an arbiter. we always listen to those who Ethical considerations are becoming a However, as another character says in raise challenges, so that we can criterion by which readers can distinguish Stoppard’s play, “I’m with you on the free make sure we are meeting them. professional reporting from the amateur press. It’s the newspapers I can’t stand.” variety known as citizen journalism. This It’s a common view in the UK, where, — Press Complaints Commission will provoke resistance from sleazier according to YouGov, only 10% of us publishers, but if it rises to the challenge trust tabloid journalists to tell the truth. In the PCC can thrive in the multimedia era. English PEN’s campaign for libel reform 3 Tim Luckhurst It can help newspapers to thrive too, in we have met MPs and policy-makers — Professor of Journalism print and online. who believe that English libel laws (so at the University of Kent restrictive that they have been damned and a former editor of by the UN Human Rights Committee) The Scotsman are necessary to protect us from a press that is otherwise out of control. It has been a painful year. The PCC was exposed as wrong for believing that it This places the PCC in a diffi cult had not been “materially misled” about position. It can’t support the phone hacking. More pain followed

26 — PCC Perspectives International perspective

It is important to remember that the PCC cannot be viewed only within a UK context. The system it oversees bears considerable resemblance to others abroad, which is why we maintain close links with press councils elsewhere, especially in Europe.

1 John Horgan values and standards. The third will be to It is occasionally imagined that — Irish Press Ombudsman identify and secure the widest possible the Press Complaints Commission measure of agreement on the core is a British anomaly – a system that Nobody knows what the media values of journalism, enhanced by was established without precedent landscape will look like in a generation, but credibility and accountability, which will or reason. This is actually very far this should not be a reason to postpone provide an authentic gold standard for from the case. There are equivalent planning for it. While it is inescapable the essential service that a free media self-regulatory bodies in most that the electronic media, particularly provides in all democratic societies. European countries and in web-based, will fi ll an even larger part of numerous other places around this space than they do at the moment, In attempting this task, they will the world. In fact, many of those and while it is probable that the surviving recognise that the freedom of the press would regard the PCC as anomalous print media profi le will refl ect a trend can never be taken for granted, and that only in that it is not genuine towards higher value and lower volumes, the responsibility that is the all-important ‘self’-regulation because its board key issues relating to professional concomitant of that freedom is, comprises a strong majority of standards and behaviour will not go away. continually, a work in progress. They public members (unlike most will recognise, too, that media – whether of its counterparts). Press councils and other voluntary electronic or print – which play to their media regulatory structures in this new traditional strengths will, in the long The PCC seeks to share ideas era should, I think, continually refi ne both run (and perhaps even earlier than and experiences with similar their structures and their practices with that), benefi t in every way from their organisations to improve its own three key objectives in mind. The fi rst will maintenance and defence of a range practices and to further the be to reinforce their independence of the of professional standards that have successful development of press media in a way that underlines their stood the test of time. councils elsewhere. Much of function as public service organisations this work is conducted through working in the private sector. Without The Press Complaints Commission, not the forum of the Alliance of this, credibility – and effectiveness – will least because of the advice it has offered Independent Press Councils be an inevitable casualty of a fragmented to younger press regulatory systems of Europe (www.aipce.net). and largely unregulated media world. (including our own), and because The second will be to extend their remit of its signifi cant role in the Alliance of — Press Complaints Commission to other media wherever possible, by Independent Press Councils of Europe, agreement and through proactive can be expected to play a central role policies, and on the basis of shared in these ongoing processes.

PCC Perspectives — 27 Putting it into perspective: — Independence and the role of public members

The PCC operates completely independently of the newspaper and magazine industry. It has a majority of 10 public Commission members and a minority of seven editors. Recently nearly 3,000 members of the public applied when three public Commission member vacancies were advertised.

Download a podcast discussion about the PCC’s work online at: www.pcc.org.uk/review10

28 — PCC Perspectives Historical perspective

Professor Robert Pinker CBE has a long association with the PCC, having served as a public Commissioner and then as Acting Chairman between February 2002 and April 2003. He has lectured extensively about the PCC both in the UK and abroad, and helped to establish the Press Council of Bosnia-Herzegovina, serving as its International Chairman for three years. In his academic career, he held professorial appointments at Goldsmiths College, Chelsea College and the London School of Economics. As the PCC Professor Robert Pinker CBE marks its 20th anniversary in 2011, he looks back over the development of the organisation and assesses the challenges it faces as it looks to the future.

I joined the PCC as one of its fi rst lay When the fi rst Calcutt Report Editors should Commissioners in 1991 so I write this was published in June 1990, it perspective from both a personal and recommended that the press should write the Code, the an academic viewpoint. Looking back be given one last chance to make on what happened in the Commission’s self-regulation work. The old Press industry should early years, it is now clear to see that Council should be replaced by a new publicly endorse it those events had a formative infl uence Press Complaints Commission that in shaping the PCC’s subsequent focused exclusively on dealing with and the Commission development. They also have complaints. It should not involve continuing relevance to the challenges itself in any way as “an overly should administer it that the Commission is facing today. campaigning body” in the cause of press freedom. The government As newly appointed Commissioners, accepted these proposals and gave we were expected to fail – and the the Commission two-and-a-half vocal advocates of statutory years in which to demonstrate its regulation wanted us to fail. Public effectiveness. It was thanks largely confi dence in the ethical integrity to Lord McGregor, our fi rst Chairman, of the British tabloid press and the that the governance model we adopted effectiveness of press self-regulation at the outset had the industry’s full (embodied in our predecessor body, support from the start. He insisted the Press Council) had sunk to an that editors should write the Code, all-time low. Throughout the 1980s, the industry should publicly endorse the incidence of fl agrant press it and the Commission should intrusions into people’s privacy had administer it. The Commission would escalated. High profi le instances of rely exclusively on moral sanctions irresponsible press conduct included in dealing with publications that gross libels of the popular singer breached the Code. McGregor was Elton John and the harassment of at his most successful in getting the TV celebrity Russell Harty during these strategic decisions right. He the last stages of his terminal illness. was less successful in steering the It was no surprise when, in 1989, Commission through the various the government appointed a Home tactical crises and confrontations Offi ce Committee under the to which it was subjected during chairmanship of David Calcutt QC his chairmanship. to review the whole situation.

PCC Perspectives — 29 Historical perspective At the time, it seemed that members of the public went largely continued McGregor’s tactical fallibility was to unnoticed – plus ça change… blame for the fact that, while British self-regulation survived its earliest Calcutt’s second review was years, it remained effectively published in early 1993. As was on probation. With the benefi t of widely expected, it recommended hindsight I wonder whether, in fact, that the Commission should be this is simply the natural state of replaced by a statutory tribunal things for the PCC – always having invested with draconian powers. to look over its shoulder to see what This new tribunal would draft and unexpected challenge is coming up enforce its own Code. It would be behind it. If so, it may be no bad invested with powers to restrain thing – after all, those on probation publications, to award compensation Over the past will try harder to prove their worth. and costs and to impose fi nes on publications that breached the Code. 20 years, the This was certainly how we felt in the The Heritage Committee, making its early nineties. With Calcutt planning own report some time later, made Commission – a review of the Commission and similar proposals. In June 1995, the Commons Heritage Committee however, the government announced in cooperation launching its own inquiry into that it would not be implementing privacy and the press in 1992, there any of these recommendations. It with the was a clear imperative to demonstrate was not persuaded that that the Commission was up to self-regulation had failed. industry – has the job. Why, then, had neither of these developed a Given that it had been established critical reviews carried the day? as a complaints body, the most Partly, I suggest, because highly effective important task for the PCC was to considerable progress had been made show its effectiveness in processing in raising standards of service to the conciliation complaints with exemplary fairness general public and standards of and speed. This could only be done if conduct across the industry. Neither service it was able to foster a new culture of Calcutt nor the Heritage Committee voluntary Code compliance on the had given due credit for what the part of the editors. Yet in pursuit of Commission had achieved on behalf the same ends it also had to involve of so-called ordinary people. The itself in raising standards of ethical backlog of unresolved complaints left awareness and practice throughout behind by the Press Council had been the industry and in the colleges where cleared. New complaints were being future generations of journalists were resolved more quickly than ever being taught. This in turn meant before. Most importantly, by 1995 that after only a year or two the PCC there were already signs that a new was effectively taking on a wider culture of voluntary Code compliance standards role, which had not – quite on the part of editors was evolving deliberately – been envisaged across the industry. when the Commission began its life. To an extent this development was But perhaps another reason why the inevitable and it has enabled the PCC reports of Calcutt and the Heritage to counter those who, because of a Committee failed to strike a chord shallow understanding of how the with government was that they were system actually works, contend that unrealistic about what the PCC was it should be more proactive in raising originally intended or expected to standards. The fact is that, in a great achieve. To believe that it would many ways, this is precisely what the cure all the ills of the press was Commission does. misguided; to hope that it might rid the market of tabloid sensationalism From the start, the Commission was simply undemocratic. worked under the spotlight of public scrutiny as it dealt with a succession At the end of its fi rst fi ve turbulent of high profi le complaints about years, the Commission had survived intrusions into the private lives as a beleaguered institution in a of members of the Royal Family, largely hostile political environment. politicians and other public fi gures. There were to be more crises in the Its work on behalf of less well known years ahead. From 1995 onwards,

30 — PCC Perspectives however, it could look forward accountability, for it does not stand exceptional cases. Regulatory to a future that was no longer alone in this endeavour. Councils deal with complaints on a overshadowed by the imminent day-to-day basis and, once invested prospect of its own demise – even if Ultimately, the law protects freedom with such powers, they would swiftly it was destined to remain under the of expression, privacy and the public be exploited by people intent, for one more or less continuous surveillance interest best when it serves as a last reason or another, on censoring the of the House of Commons Culture, rather than a fi rst resort for people press at no cost whatever to themselves. Media and Sport Committee, with grievances against the press. which is entirely as it should be. Conversely, self-regulatory Councils I reach three key conclusions after serve these purposes best as agencies refl ecting on the Commission’s early Indeed, there are no grounds for of fi rst resort. years. First, since Councils like complacency regarding the future the Commission are not, and cannot of press self-regulation in the The Commission is able to provide an be, legal authorities, voluntary United Kingdom. As Sir Christopher alternative but complementary way of compliance on the part of publishers, Meyer predicted in 2006, “One really resolving grievances that is – unlike editors and journalists becomes, contentious, high profi le case” will the courts – easily accessible to of necessity, the sine qua non of be “all it takes to ignite new fi res of everyone, swift in reaching decisions self-regulation. Secondly, the Editors’ controversy and breathe new life into and provided at no cost whatever Code Committee were absolutely those who… would like to replace us to complainants. The Commission is right in asserting that there is with a statutory body.” The current able to deliver this kind of service “a public interest in freedom of inquiries into the prevalence of because it is not a statutory body expression itself.” In my 20 years unlawful interceptions of voicemail invested with draconian legal powers of travelling abroad on behalf of messages are manifestly such a high of enforcement. The introduction of the Commission, I have seen at fi rst profi le case. fi nes and prior restraint orders would hand how much this right means to have serious consequences for the people who live in countries where quality and range of services that it can never be taken for granted. the Commission currently provides. And fi nally, debates about the merits I have seen Editors would become less willing to of both the media and its regulation volunteer remedies to complaints and will never come to an end. at fi rst hand the worst features of a compensation culture would be imported into the Professor Robert Pinker CBE how much this system with all the delays that would right means to inevitably follow. Over the past 20 years, the For a more detailed review people who live Commission – in cooperation with the of developments in UK press industry – has developed a highly self-regulation from 1991 to 2009 in countries effective conciliation service of fi rst see Robert Deacon, Nigel Lipton resort. Investing the Commission, or and Robert Pinker, Privacy and where it can some other regulatory body, with Personality Rights, Jordans, legal powers of enforcement would Bristol, 2010, pp1-148. never be taken reconvert a culture of voluntary Code compliance that has benefi ted for granted thousands of complainants into a culture of confrontation that benefi ts no one – except lawyers. Whatever the eventual fi ndings of these inquiries prove to be, they will People seeking redress for grievances undoubtedly trigger new demands against the press would no longer have in some quarters for a statutory a choice between two signifi cantly tribunal or a revamped Commission different but complementary systems invested with draconian powers of regulation. They would be left with of enforcement. This is why it is two almost identical agencies of last so important to keep in mind why resort. In addition, investing any successive governments have kind of regulatory Council with rejected similar demands in the past. powers to impose fi nes and prior restraint orders would have a deeply I have already noted the importance chilling effect on the right to freedom of understanding what exactly an of expression and the conduct of organisation like the PCC is designed responsible investigative journalism. – and able – to achieve. This is The courts, as agencies of last particularly so when we consider resort, are less likely to have this it in the wider context of media effect, because they deal only with

PCC Perspectives — 31 Further information

The PCC is an independent body which deals with complaints about the editorial content of newspapers and magazines (and their websites). We keep industry standards high by training journalists and editors and work proactively behind the scenes to prevent harassment and media intrusion. We can also provide pre-publication advice to journalists and the public.

Contact details: Amber Mun Simon Sapper Press Complaints Commission Complaints Offi cer Assistant Secretary, Communication Workers’ Union Halton House [email protected] 20/23 Holborn Julie Spence OBE QPM London EC1N 2JD Administration: Former Chief Constable of Cambridgeshire Lauren Hay Constabulary Switchboard: 020 7831 0022 Complaints Assistant Facsimile: 020 7831 0025 [email protected] Professor Ian Walden Textphone: 020 7831 0123 Professor of Information and Communications Law, Mel Sahin Queen Mary, University of London 24 Hour emergency advice line: 07659 152656 (Please Receptionist/Complaints Assistant leave a message explaining the nature of your concern [email protected] Editorial members: and you will be phoned back). This number is for use in Anthony Longden emergencies only, primarily in cases of harassment by Simon Yip Managing Editor, North & East London Newsquest a journalist or for pre-publication advice. It should not Administrator be used for general complaints enquiries, which can be [email protected] Ian MacGregor made online. Editor, The Sunday Telegraph PR and Communications: If you would like to arrange a talk about the PCC Jonathan Collett John McLellan or would like further information contact Tonia Milton Director of Communications Editor, The Scotsman on 020 7831 0022 or by email: [email protected] [email protected] Lindsay Nicholson Baroness Buscombe William Gore Editorial Director, Good Housekeeping Chairman Public Affairs Director [email protected] Simon Reynolds Stephen Abell Editorial Director, Lancashire Evening Post Director Tonia Milton & Wigan Evening Post [email protected] Information and Events Manager [email protected] Tina Weaver Kim Baxter Editor, Sunday Mirror PA to the Chairman Catherine Speller and Director Communications and Research Manager Peter Wright [email protected] [email protected] Editor, The Mail on Sunday

Complaints Department: The Commission The two vacancies for public Commission members Scott Langham There are 10 public members, including the were recently fi lled by Lord Grade of Yarmouth and Head of Complaints Chairman, who have no connection to the industry. Michael Smythe CBE. [email protected] The seven editors on the Commission – brought in to provide industry knowledge and the weight The Commission would also like to record its Hannah Beveridge of peer judgement – are in the minority to ensure thanks to the following Commission members Complaints Offi cer the independence of the PCC. who served in 2010: [email protected] Public members: Eve Salomon Elizabeth Cobbe Baroness Buscombe (until April 2011) Complaints Offi cer Chairman [email protected] The Rt Rev John Waine Matti Alderson Member of the Foundation, University of Essex Charlotte Dewar Chairman, Direct Marketing Commission; (until September 2010) Complaints Offi cer Removals Ombudsman [email protected] Ian Nichol Rebecca Hales Deputy Chairman and Member of Criminal Cases Complaints Offi cer Review Commission [email protected] Esther Roberton Ben Milloy Chair, Sacro Complaints Offi cer [email protected] John Home Robertson Former MP and MSP

Designed and produced by Carnegie Orr +44 (0)20 7610 6140 www.carnegieorr.com

32 — PCC Perspectives Press Complaints Commission - Annual Report 2010 http://www.pcc.org.uk/review10

Apple (111) Amazon eBay Yahoo! News (504)

Go to pcc.org.uk Contact us | Search this site | Mailing list Annual review 2010

Director’s Statistics and 2010 Download Perspectives Introduction Key Rulings 2010 Review Centre

Perspectives

A look at 2010 through the eyes of the people who came into contact with the Press Complaints Commission

THE DAILY NEWS SAMARITANSS AMARITANS

Director’s Introduction Chairman’s Perspective 2010 Statistics PCC’s Year at a Glance Perspectives Discussion Podcast

2011 Press Complaints Commission Site Map | Feedback | Follow us on Twitter

The contents of this ‘Perspectives’ document are available to download from a dedicated website.

This website also contains full details of PCC complaints statistics for 2010; a calendar highlighting our key activities and events for the year; and a podcast of the PCC Chairman and Director in discussion with the media commentator Peter Preston and the Chairman of the Culture, Media and Sport Select Committee, John Whittingdale OBE MP. www.pcc.org.uk/review10 If you would like to arrange a talk about the PCC or would like further information, please contact Tonia Milton on 020 7831 0022 or by email: [email protected] www.pcc.org.uk

Contact details Press Complaints Commission Halton House 20/23 Holborn London EC1N 2JD

Switchboard: 020 7831 0022 Facsimile: 020 7831 0025 Textphone: 020 7831 0123