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fp188:Free Press template changed fonts.qxd 03/07/2012 13:06 Page 1 FREE Press No 188 July-August 2012 £1 Journal of the Campaign for Press and Broadcasting Freedom NO PUBLIC VOICE ON MEDIA LAWS IT’S ALL by Frances Balfour CULTURE SECRETARY Jeremy Hunt has scrapped the public consultation process planned to precede the next Communications Act. In May last year he invited replies to an open letter on communications policy, promising a green paper for wide consultation, leading to a formal White Paper and draft Bill in ABOUT 2013. Publication of this green paper was repeatedly delayed until in June he announced it had been cancelled; instead he is staging a series of private seminars with industry figures. The decision means that campaigning organisations like the CPBF will lose their say on forming OWNERS media policy. The culture ministry justified it by claiming that the responses to the open letter said “there was no need for a complete HE LEVESON Inquiry looks set to address “how future concerns about press overhaul of the legislation”, though duck the most important issue in behaviour, media policy, regulation and there is the need“to update media reform: how to cut back cross-media ownership should be dealt regulations to ensure they are fit for the corrosive scope and power of with by all the relevant authorities ...” the digital age.” Big Media. Lord Justice Leveson posted a series of Not all the responses said that, for TTen months of hearings have laid bare questions on the inquiry website and sure. Indeed, CPBF submission to the evidence of malpractice and corruption by invited responses. Not one of them related ministry a year opened with this News International on a grand scale. The to media ownership. Instead discussion is paragraph:“There is no doubt that problem has been clearly shown to be the centred on a new regime for regulating the regulatory structure for the power generated by the sheer size of the media content, to replace the discredited media in the UK is in need of change. Murdoch holdings in the UK – more than Press Complaint Commission. The only The current regime is confused and a third of the national newspapers market high-profile witness who has demanded a driven by an over simplistic and the dominating share of the biggest limit on ownership has been Labour conception of the social and and most profitable TV group in Europe. leader Ed Miliband, who said News Turn to page 2 Leveson was charged with producing Turn to page 2 proposals to stop any company amassing this kind of power again. The solution should be a limit on the range of media that any company can own, but related ‘The government is seeking to break the security developments at the inquiry and at the of the internet on a scale that the most culture department indicate that no such action is on the cards. ambitious dictator could hardly dream of’ The fourth and final stage of the inquiry – following the probes into the press, politicians and the police – was to open HORROR OF CYBER SNOOPING LAW PAGES 4-5 on July 9. Its stated remit is to produce rec - ommendations “for a new more effective policy and regulatory regime which sup - How Leveson let Tories off the hook PAGE 6 ports … the plurality of the media” and fp188:Free Press template changed fonts.qxd 03/07/2012 13:06 Page 2 News From page one From page one For legislation that will set the Corporation should be forced to sell either future regulation of the broadcast the Sun or the Times because “no one per - economic purposes of mass media ad digital technology, their son should control 34% of the newspaper communications. The structures of subject matters are entirely market”. He said: “We should have no regulation are profoundly commercial, including: The Consumer worries of somebody owning up to 20 per undemocratic in constitution and the Perspective, Competition Content cent of the newspaper market … There is procedures adopted by the main Markets, Maximising the value of then a question of between 20 per cent to media regulator, Ofcom, can fairly be spectrum to support growth and 30 per cent where you should set a limit.” characterised as more concerned with innovation, and Driving investment His evidence was derided by commen - the commercial interests of the and growth in the UK’s TV content tators who made much of the difficulties industry it regulates than with the industries. in calculating shares of complex converg - wider interests of the public.” No mention is made in the ing – and declining – markets. BBC media The replacement seminars are programme of the need for regulation pundit Steve Hewlett wrote in the invitation-only, with a limited number to address the concentration of media Guardian that Lord Justice Leveson “visi - of places, though interested ownership – the great problem bly winced and it’s easy to see why. individuals can apply, and their exposed by the Leveson process; nor is “Miliband’s idea is deceptively simple. requests“will be considered”. there a single reference to the BBC. In a converging media marketplace, meas - uring and controlling newspaper owner - ship alone rather misses the point. TV “reforms to press regulation will fail if viewing, radio listening and internet use they are not accompanied by a more deci - all need to be taken into account. Once sive challenge to the concentration of FAR BETTER you do so the difficulties of measuring media ownership. anything meaningful multiply.” “We are concerned that this focus on Meanwhile the culture department is the need for structural change is in danger THAN THE PCC preparing for a new Communications of being lost amidst narrower discussions Act that could strengthen competition concerning freedom of expression and the law and introduce regulations on cross- best way to balance editorial independ - THE CPBF is calling for a Media ownership and the conduct of media cor - ence with public oversight, a debate large - Standards and Freedom Council to porations. But a planned Green Paper on ly framed by editors and proprietors. It is replace the Press Complaints communications to stimulate public vital that we do not lose sight of the over - Commission. debate has been summarily scrapped whelming need to break up the concentra - The proposal is in the campaign’s and replaced by a series of invitation- tions of media power that have corrupted evidence to the final stage of the only industry seminars whose British political life.” Leveson Inquiry. announced subjects ignore questions of It is not just campaigning groups that The MSFC would : ownership and control. have drawn attention to the need to curb G produce a code of ethical stan - The CPBF has urged Leveson to stick to Big Media power. dards and administer a public right his original remit. In its final submission it When it considered the Murdoch bid to to reply and redress on matters says: “This is a historic opportunity to buy out BSkyB, Ofcom warned that, once relating to the application of its address the totality of communications that move or any other merger was code of ethical standards. regulation. approved, “there is no subsequent oppor - G issue advice and guidance to the “The UK media system has high levels tunity or mechanism to address plurality media and the public investigate of concentration of ownership, bottlenecks concerns that may emerge.” and monitor media standards, own - and gateway control at key points across In other words, had it not been for the ership and control the press, TV, radio and online media mar - the phone-hacking scandal, News G investigate and monitor media kets. Current media ownership rules do Corporation would be the outright owner standards, ownership and control. not adequately protect pluralism.” of BSky, the Murdochs would be It would help members of the The Co-ordinating Committee for Media more powerful than ever before, and public make complaints to media Reform (CCMR), of which the CPBF is a there would be nothing anyone could do organisations, via an ombudsman member, has also told Leveson that about it. who would mediate with a view to achieving an agreed solution. Where no resolution is achieved it could order a publication to print a correction, retraction, clarification HOW TO STOP MORE MURDOCHS or apology. The CPBF’s formula to check the power of ings on the share across media markets. Any If an editor does not comply, the Big Media supplier with a 15 per cent share in a desig - MSFC could get the order enforced nated media market should be subject to a by the courts. THIRTY PER CENT must be the maximum PI test in respect of any merger or acquisi - The MSFC itself would have rep - share of any national media market that any tion in the same or another media market. resentatives of media owners and one company can control. The PI test was established by the editors, media unions and members That’s the CPBF’s formula for new owner - Communications Act 2003, and should be of the public. ship regulations in its submission to the revised and expanded to be applied by It would be financed by a levy on Leveson Inquiry. And any company hitting Ofcom at any time, not just, as at present, advertising revenues generated by 15 per cent of a market is liable to be subject - during takeover or merger bids. The mar - the publishers concerned. ed to conditions on its performance. kets concerned could be national and Its remit would cover not just The regime should centre on the “Public regional news in radio, television, newspa - newspapers but all print and online Interest” (PI) test, under which regulators pers, online).
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