Magazine of the Chartered Institute of Journalists Autumn 2018 TheJServingournal professional journalism since 1912 Mass surveillance ‘unlawful’, Human Rights Court rules

he European Court of Human Rights has ruled that the UK Government’s Tmass surveillance programmes are unlawful and have damaged the freedom of the press. This is a ground-breaking ruling. The ECHR Judges found, by five votes to two, that the UK’s mass interception regime revealed by NSA whistleblower Edward Snowden in 2013 violated the Article 8 right to privacy under the European Convention on Human Rights. This is because the necessary confidentiality of journalistic information and communications were not being properly protected. The bulk surveillance was “effectively indiscriminate, without basic safeguards and oversight” and it did not have sufficient legal basis under the Regulation of Investigatory Powers Act European Court of Human Rights, Strasbourg (RIPA) 2000. The court also ruled there had been a this vista of state surveillance has had Kingdom are being repeatedly breached breach of Article 10, the right to freedom of a chilling effect on whistleblowers who and violated on a massive scale. expression, due to the “potential chilling want to expose wrongdoing. effect that any perceived interference In April this year the English High Court Declaration of media freedom with the confidentiality of journalists’ ruled against the government in a judicial In 2012, the Institute’s AGM called on communications and, in particular, their review of new versions of the Investigatory the government to urgently legislate for sources might have on the freedom of the Powers Act legislated for in 2015 and 2016. a declaration of media freedom. Six years press.” There were insufficient safeguards The judges said the legislation allowed the later it is clear that in addition to such a in respect of confidential journalistic state access to people’s phone and internet declaration, the role of journalism needs material. data without any proper suspicion of much greater constitutional protection. The case was brought by a number serious criminal offending. This was It is not enough to say in Section 12 of of parties, including the Bureau of judged to be a breach of European Union the Human Rights Act that freedom of Investigative Journalism, campaign law and the government was given six expression should be given a “particular groups Big Brother Watch and English months to reform the 2016 Investigatory regard” when courts decide the balancing PEN, and human rights groups including Powers Act to provide the necessary exercise with other rights such as privacy. Amnesty International. safeguards. Journalism and freedom of expression, In January 2016, the Court of Appeal Civil both in conduct and in publication, Cornerstone of democracy Division ruled that the Terrorism Act used require something much stronger; The Strasbourg ruling demonstrates to detain David Miranda, the Guardian’s something akin to the First Amendment that the British state has failed to provide courier for Edward Snowden, and seize to the Constitution of the United States of constitutional protection to the freedom data he was carrying at Heathrow Airport America, where professional journalistic of the press as a vital cornerstone of was “incompatible with article 10 of the freedom of expression in the public democracy. British law has failed to Convention in relation to journalistic interest is accorded pragmatic and just protect journalists’ sources from exposure material in that it is not subject to adequate priority. by state surveillance, and the bugging of safeguards against its arbitrary exercise.” electronic communications. These three rulings show that journalists’ See pages 6 and 7 for Professor Tim The court has also fully recognized that rights and freedoms in the United Crook’s analysis of this judgement Andy Smith Editor Editor’s Comment e are now well and truly in the every organisation, to some extent, and the conference season – and not Institute of Journalists back in the 1980s Wjust the TUC and the political was no exception. parties but also the annual gathering of Of course, in those days the established our own Chartered Institute of Journalists career path in the journalistic profession and IOJ(TU). Yes, the Institute’s AGM is was fairly clear. For most it began with almost upon us, and, despite our Head a stint on a local newspaper, an NCTJ Office in Surrey Quays having closed proficiency certificate, and on into a large- earlier this year, we are returning to our circulation regional weekly or daily, or a old home in Docklands for, perhaps, one glossy magazine – and then, eventually, last time. The venue chosen for our 2018 a national daily or Sunday paper. In Assistant Editor: Stuart Millson conference is the Canada Water Library, broadcasting it was even more cut and conveniently located above the Jubilee Line dried as the BBC was then, as to a great Production Editor: Dominic Cooper underground station and just two minutes’ extent it still is, the dominant organisation walk from our old HQ, Dock Offices. in the UK broadcast media, and the BBC’s My first Institute conference was graduate entry programme has been the Liverpool, 1987. In those days there were favoured route into the industry for many In this issue: debates about many contentious topics, but thousands of journalists over the years. none generated more heat (and less light!) Now, though, we also have a plethora of Belmarsh whistleblower case 3-4 than the seemingly routine arguments different training and work opportunities Basic English 5 between full-time employed staff of media for those seeking a journalistic career, and organisations – at that time the majority of the nature of the profession has changed End of the Snoopers’ Charter? 6-7 Institute members – and self-employed, almost beyond recognition since that Copyright - What’s going on? 8 freelance journalists. Nowadays most Liverpool conference in the mid-’80s. It CIoJ members, and indeed the great is hard to see why “proper journalists” in Sir Cliff Richard v BBC 9-12 majority of journalists generally, are 2018 would have the nerve to sneer at those Farewell, This England 13-14 self-employed, but it was the reverse in who write for online media or broadcast those days. Some staffers at the Liverpool only on the web – although I’m sure some Cairncross Review 15-16 conference had an unfairly scathing do! Similarly, those “hobbyists” – part- ‘An appalling talent’ 17 opinion of freelances, to which they gave time and self-employed writers whose vent on the conference floor. A particular work appears in specialist publications for CIoJ Annual General Meeting 18 target were the “hobbyists”. This was anglers or stamp-collectors, or who have Annual report & accounts 19-24 used as a pejorative term for journalists on a regular gardening slot on local radio – “special interest” publications. So, if you would surely not need to justify themselves were working for, say, Pigeon-Fancier’s to staff reporters on the Daily Mirror or the Gazette or Knitting Pattern Monthly, you Yorkshire Evening Post. The views contained in The Journal are those of the were likely to face a certain amount of In fact, journalism is, and always has Editor and contributors and do not necessarily reflect the disdain from some of the other conference been, an incredibly diverse profession and, views or policy of the Chartered Institute of Journalists. delegates! Officially, of course, the Institute in consequence, the Chartered Institute All rights reserved. © CIoJ 2018 maintained no distinction between an of Journalists is an exceptionally “broad economics correspondent working for the church”. If you don’t believe me, come Financial Times and the traction-engine along to our annual conference at Canada correspondent of Vintage Vehicles Weekly, Water and find out! TheJournal but professional snobbery creeps into Andy Smith Dear Editor, LETTER TO THE EDITOR ISSN 1361-7656 I would like to thank the Chartered Institute of Journalists for its unswerving support for me during a recent time of work-related and financial crisis. I cannot News or views intended for publication recommend the Institute’s services highly enough. should be sent to: The Chief Executive single-handedly ran a detailed and difficult case against a party, The Chartered Institute of Journalists which I believed had treated me unfairly and unjustly. As a result of bringing my 2 Dock Offices, Surrey Quays Road, problems to the attention of the Institute, and receiving such valuable guidance and London SE16 2XU support, I felt that I was being supported, and this made the impasse more bearable. E-mail: [email protected] Often, it is the support which matters, rather than the outcome, and fellow members Tel: +44 (0)20 7252 1187 should not hesitate to apply to the Institute if they are seeking redress, or simply advice. The latter is second to none, and would cost a vast amount if one contacted a solicitor. Web: www.cioj.org J.B. Twitter: @CIoJournalist Facebook: https://www.facebook.com/ pages/Chartered-Institute-of- Officers of the Institute: Journalists/108017897514 Your Council members are: Janice Shillum Bhend, President Norman Bartlett, Ken Brookes, Vivienne LinkedIn: http://www.linkedin.com/ DuBourdieu, Michael Evans, Andy Smith groups/Chartered-Institute- Michael Hardware, Honorary Treasurer Journalists-63500 Tim Crook, Vice-President Your PPB members are: Mark Croucher, Immediate Past President Tim Crook, Chairman Norman Bartlett, Adela Earlington, Andrew Printed by Cool grey display & print Ltd Tim Crook, Chairman, PPB Kelly, Paul Leighton, Stuart Littleford, Alistair Riddell, Prof. Kemal Yildirim 2 Tel: +44 (0) 1444 474646 Institute officers are ex-officio members of Council The Journal - Autumn 2018 edition Belmarsh whistleblower case goes to Strasbourg he European Court of Human Rights With all the Operation has asked the UK Government Elveden suspects, the Tto address the claim by Belmarsh arrests were followed Prison officer Robert Norman that he was by very long periods of prosecuted for a crime that did not properly police bail, sometimes as exist in law, and experienced grave breaches much as two years, before of his protection of journalist source rights decisions were taken to under Article 10 Freedom of Expression. charge and proceed to Professor Tim Crook, Vice-President of trial. In Norman’s case, the Chartered Institute of Journalists, has he was eventually jailed written a 21,000-word affidavit in support for 20 months and lost his of Robert Norman’s case. The Institute home and pension. has consistently supported the only public Misconduct in public official source arrested, prosecuted and office has since been jailed in Operation Elveden who has legally discredited as a criminal offence by the contact with the media where policing challenged what happened to him. Law Commission and was not used against matters are discussed.” Millar and Scott Over five years Norman provided journalists and their sources until at least further observed that a simple rule on public interest stories on the decline of one year after Robert Norman began contact would discourage contact by junior prison security and mismanagement to providing public interest information to the officers in deference to senior officers Daily Mirror reporter Stephen Moyes and Daily Mirror. heading investigations and to force press continued to do so when Mr Moyes went Even though all the journalists who officers. to work for the News of the World. He was pleaded not guilty and denied breaking paid around £10,000 for his information. the law were acquitted or had their charges Loss of trust The prison officer was promised dropped, the prosecutions, Prof Crook The guidance was derided by one protection of source confidentiality and says, had a “chilling effect” throughout the experienced crime reporter as “a top- always believed that if his whistle-blowing profession of journalism. down, paranoid, defensive over-reaction was ever exposed the worst that would In 2013 the BBC’s Home Affairs by officers [who] are not accountable to happen to him would be disciplinary action Correspondent, Guy Smith, concluded in anybody.” She also highlighted the fact and dismissal. But the Daily Mirror handed a survey he had carried out of police and that it had caused the suspension of one over digital files to the Metropolitan Police journalist relations that Operation Elveden Metropolitan Police Officer for “sending identifying Robert Norman, without any had “destabilised the relationship and texts to a journalist”, and another for having scrutiny by an independent judge of his caused significant damage.” “a journalist’s number on their mobile protection of source rights. In 2016 Gavin Millar QC and barrister phone.” The upshot has been a significant Andrew Scott reported in their influential loss of trust between journalists and the Police raids legal textbook on newsgathering law that police. Like most of the more than 30 sources – although Lord Justice Leveson had urged The Guardian’s veteran and retired and more than 30 journalists – investigated in his report “that ‘remedial action’ has crime correspondent and author, Duncan and charged by the Met Police’s Operation the potential of going too far in battening Campbell, described the response of a Elveden, Robert Norman was arrested by a down the hatches”, retrenchment has in senior serving detective in March 2015 large team of detectives raiding his home, fact developed. They said the College of whom he had asked to interview about conducting intrusive searches when family Policing’s 2013 guidance on police and media/police relations: ‘“Much as I would and children were present. This was all done journalist relations “pays little heed to like to, I cannot speak to journalists without with a sense that the crime of misconduct in Lord Justice Leveson’s warning.” All a senior press officer present and they only public office was being treated as seriously officers or civilians who meet a journalist, give permission to comment factually on as terrorism or murder. are interviewed, or provide information jobs. The world is a very different place. on a matter Sorry.’” for which Robert Norman’s case under Article 10 they are (Freedom of Expression) and Article 7 (No responsible punishment Without Law) of the European should Convention on Human Rights is “in the record “a context of a national regime of law, state note of the body practice and judicial decision-making meeting or that disrespects and violates the democratic disclosure… and constitutional necessity of confidential in a diary journalistic source protection under Article or pocket 10”, says Prof Crook. book.” “Neither existing law, nor judicial Chief intervention and scrutiny offered the Officers necessary protection to him and the other should “record all Continued on page 4

3 The Journal - Autumn 2018 edition

Continued from 3 The Leveson and Filkin source and journalist suspects targeted reports have demonized and in Operation Elveden. The Police were problematized public official operating in a culture where Article 10 and journalistic exchange rights for sources and journalists were and encounter. The collective irrelevant, ignored, and given no effective trauma of Operation Elveden and proper consideration.” arrests, prosecution, and The scale of improper acquisition of convictions has not served communications data by the police using the essential vital public their powers under the Regulation of interest that underpins Investigatory Powers Act (RIPA) 2000, the purpose of protecting and which enabled the identification of journalists’ sources; namely confidential sources without a Police the public interest in free & Criminal Evidence Act 1984 style communication of news and opinions. Robert Norman’s information for story production order hearing that respected the publication was in the public interest status of “Excluded Material”, is evidence Unprecedented for journalistic purposes. No crime for of public authority antipathy to the purpose The overall message presented by providing such information to a journalist and importance of Article 10. Operation Elveden is that journalist sources when working as a public official was There is no evidence that the United on a massive scale were not protected properly prescribed by law at the time. Kingdom has shown sufficient interest in by the UK legal system, they were “The engagement of criminal investigation safeguarding Article 10 rights for journalists disproportionately criminalized, and they for what had been regarded in law as and sources through the legislative will not be protected in the future. The fact an employment disciplinary matter was provision of public interest defences for the that the British state has failed to protect wholly disproportionate to any harm in purposes of journalism. journalist sources in this unprecedented relation to the rights of others. None of what It is absent from the 2010 Bribery Act. It police inquiry means UK journalists are happened to the applicant was necessary in did not exist when common law misconduct not going to be able to obtain information a democratic society.” in public office was conjured to operate as enabling them to uncover matters in This has all taken place in the context of a an old Section 2 Official Secrets Act, Trojan society that constitute the heart of political, continued heavy-handed approach towards Horse, Catch-all that criminalized any social and cultural debate and hold the press - often in the name of national public official seeking to leak public interest powerful government bodies and private security - together with increased threats to information to journalists and their news corporations to account. investigative reporters and unprecedented publishers. Prof Crook concludes: “The sourcing of verbal attacks on the media.

Children’s Media Forum Central London – Thursday 11 October 2018 (08:00- 13:00) With the government recently announcing £60m funding to help increase the range of Children’s TV, our timely forum will not only provide you Expert speakers include: a platform to keep pace of all key developments but will also help you understand the unprecedented challenges and opportunities faced by the Ben Dean, Deputy Director, Head sector. of Media Policy, DCMS Coinciding with Ofcom’s Children’s Content Review, published this July, Greg Childs, Editorial Director, Westminster Insight will host an exclusive forum on Children’s Media to Children’s Media Conference debate the implications of this scheme and the conclusions made in the report. The forum has been shaped after in-depth research with experts, Vicki Shotbolt, Chief Executive leading advocates, and other key stakeholders and past delegates. Officer, The Parent Zone Professor Jeanette Steemers, Trustee, Voice of the Listener and Key points to be addressed: Viewer - Pathways forward for Children’s Content with a spotlight on Rosina Robson, Director for material, range and quality Nations, Regions and Children, - A focus on public service broadcasters and the provision of children’s PACT content: The impact of a changing industry and audience dynamics For further details or to book a - Commercial incentives and disincentives to produce content, place, please contact Bridgette regulatory landscape, and opportunities for synergy with evolving Anderson, Senior Event Producer, technologies Westminster Insight, tel 0845 647 9000, email bridgette.anderson@ - Online, on-demand and streaming platforms - building strong westminsterinsight.com. support structures for accessing age appropriate content

4 The Journal - Autumn 2018 edition Basic English By Norman Bartlett t a recent Council meeting, members Keep it simple complained about how verbose The Rules of Basic Alanguage and technical words used English are like today had made comprehension so much ordinary English more challenging. but much simpler. “Do you remember BBC News bulletins Thus, plurals are on the old Home Service?” I asked the formed by adding colleague next to me. “I remember hearing ‘s’ or ‘es’ on the end ‘Here is the 6 o’clock news being read in of the word. For Basic English by Alvar Liddell’.” adjective relativity, Alvar Liddell: “Here is the 6 o’clock news He said ‘no’ but he may have said that as two permitted word endings are ‘er’ and being read in Basic English.” it would have admitted to his age; this kind ‘est’. There are just 150 adjectives that can of announcement was in the 1940s. Many be given negative meaning by prefixing foreigners serving in the allied armed forces with ‘un’. Adverbs evolve from adjectives The concept was emulated in France were in the country then and it was thought by adding ‘ly’. Questions are formed with with the development of “Français important to make news accessible to as the opposite word order, and introduced fundamental”, approved by the Ministry of many as possible. by ‘do’. Education for use in French schools in the Basic English had appeared about ten That gives a flavour of what Basic English 1960s. years earlier in the book Basic English: was all about. The word list can be found in A General Introduction with Rules and the Wikipedia on-line dictionary at https:// Garbled Grammar by Charles Kay Ogden. en.wiktionary.org/wiki/Appendix:Basic_ International industry bodies – notably He was a Lancashire man and graduate English_word_list The words are divided marine and aerospace – have developed of Cambridge. He was a journalist and by purpose: Operations – 100 basic verbs, standard English language specifications to something of an eccentric. His by-line was prepositions, articles etc.; Basic – 400 nouns; reduce ambiguity, make technical writing Adelyne More. (say it very slowly) His first Things – 200 nouns; Descriptive – 100 clearer, make it easier for people whose enterprise was as editor of The Cambridge adjectives and 50 opposites. first language is not English and above all Magazine. This appeared between 1912 and Initially it was favourably received – mitigate against mistakes that could lead 1922. hence its use by the BBC. But later its to disaster. Sadly, the rules don’t apply It contained what must have been limitations became more apparent and to marketing documents used in those unique at the time: a digest of the foreign various attempts were made to adapt it. industries. press compiled from about 100 European Ogden was criticised that the choice of Otherwise English just seems to take newspapers. This was provided by words was a personal one and the selection root everywhere in strange and garbled Dorothy Buxton, married to a wealthy had not been objectively tested. Dr Michael forms reflecting local culture and local philanthropist and reformer. West, a linguist who worked extensively in language. Nevertheless, the need for During his time at Cambridge, Ogden India formulated his General Service List of global communications and the ubiquity co-founded the Heretics Society which about 2,000 words published in 1953. These of international media means that the questioned authority and religion. Speakers had some objectivity as they were the most underlying simple structure of our native at its debates or lectures included G. K. frequent words drawn from a corpus of language is bruised but not broken. Chesterton, George Bernard Shaw, Bertrand written English works. Understand? Russell, Rupert Brooke, J.B.S. Haldane, Virginia Woolf and Ludwig Wittgenstein. When he came down from Cambridge CWA appoints new Libraries Champion he worked as an editor for Kegan Paul on learned publications. He was a translator he Crime Writers’ Association has Joanna Piercey and coroner Martha Gunn. too. He was a great bibliophile and built Tappointed a new Libraries Champion Newton, like her character DS Julie Kite, is up an impressive library with an emphasis for Scotland – John Dean, the creator of based in Mid Wales. on philosophy and became a specialist on the DCI John Blizzard and DCI Jack Harris The trio take over from Ruth Dudley Jeremy Bentham. series. Edwards, the CWA’s very first Libraries From 1925, the main thrust of his Key elements of the Libraries Champion’s Champion. intellectual activity was Basic English. role include linking libraries who want “Creating the role of Libraries Champion Ogden tried to simplify English while crime writers as speakers with the CWA’s was an important and practical signal of our keeping it as normal as possible as an aid local chapter convenors; encouraging commitment to and support for libraries,” to foreign students learning the language. libraries to spread the word about the Crime explains CWA chair Martin Edwards, CWA. He restricted grammar severely and only Readers’ Association; supporting libraries “Ruth Dudley Edwards has done sterling allowed a vocabulary of 850 words that under threat via social media where work in building closer relations between included just 18 verbs. The basic word list appropriate, while remaining apolitical; libraries and CWA members nationwide, was extended with a supplementary list seeking further ways to build closer links and we’re now moving into an exciting of affixes. Then, if you were a member of for the good of libraries and CWA members new phase of the programme, as John, an intellectual or technical elite, you could and including independent libraries in our Cilla and Jan seek to build on those firm add a 150-word list for your own particular efforts wherever appropriate. foundations.” field. But there was more relaxation for the Blizzard is one of three CWA Libraries The Crime Writers’ Association was better educated as they were assumed to Champions, the others being crime writers established in 1953 by John Creasey to know a set of around 200 ‘international’ Priscilla Masters and Jan Newton. Masters support crime writers of both fiction and words as well. lives in Staffordshire and writes about DI non-fiction and to promote their work.

5 The Journal - Autumn 2018 edition The end of the line for the Snoopers’ Charter? By Professor Tim Crook eptember’s European Court of Human Rights ruling is a devastating Sindictment on the failure of the British state to protect journalists from unlawful surveillance and interference with their electronic communications by government intelligence agencies and police forces. This is in fact the fifth significant legal defeat of the UK Government on this issue since 2016. In January 2016 the English Appeal Court ruled that the Terrorism Act did not have sufficient safeguards protecting journalists’ source rights under Article 10 freedom of expression. Internet Service Providers to give them the In the three year period, there were In December 2016, the European Court of data in terms of times, dates, and sending 242 suspected sources investigated by Justice said the indiscriminate collection of and receiving addresses and URLs. police under 34 investigations, with 233 data under investigatory powers legislation This was happily achieved by state having their communications data taken. was against EU law. The ECJ said this could investigatory bodies without any of the The IOCCO concluded that police forces only be justified under certain conditions frustrations they would have had if obliged generally “did not give the question of and “solely for the purpose of fighting to go to an independent judge and make necessity, proportionality and collateral serious crime.” a production order under the Police and intrusion sufficient consideration.” It said In January this year the English Court Criminal Evidence Act 1984. that while generally Article 8 (Privacy) of Appeal ruled that in light of the ECJ Under the PACE legislation they would of the European Convention on Human ruling Section 1 of the Data Retention have had to override the excluded status of Rights was considered, Article 10 (freedom and Investigatory Powers Act 2014 was journalistic confidential material protected of speech) was not. inconsistent with EU law. Access to the in the act and subsequently strengthened The IOCCO’s report also stated that 80 per data held for the government was not by the Human Rights Act and ECHR case cent (484 out of 608) RIPA applications in restricted solely to fighting serious crime. law. This gives a special importance to the this three year period related to Operation Furthermore, access was not subject to protection of journalists’ sources to guard Elveden, the Metropolitan Police’s prior review by a court or an independent against the chilling effect of whistle-blowers investigation into alleged inappropriate administrative authority. being frightened off and silenced. payments to public officials. The Office In April, the English High Court ruled In September 2014 the UK Press Gazette recommended that Parliament legislated so against the government in a judicial review spotted that the Metropolitan Police had that “judicial authorisation is obtained in of the new versions of the Investigatory somewhat triumphantly revealed their use cases where communications data is sought Powers legislated for in 2014 and 2016. under the RIPA 2000 legislation to obtain, to determine the source of journalistic It ruled that Part 4 of the Investigatory without any court hearing, the phone information.” Powers Act 2016 is incompatible with records of Sun newspaper journalists in The Institute is convinced that the fundamental rights in European law in that, contact with unauthorized police sources IOCCO’s investigation reveals the tip of an in the area of criminal justice: in a dispute between the leading politician iceberg of journalist source rights violation (1) access to retained data is not limited to Stephen Mitchell and officers on security stretching back 18 years and perhaps even the purpose of combating serious crime; duty at the gates of 10 Downing Street. longer. and Press Gazette’s subsequent investigation (2) access to retained data is not subject to through Freedom of Information Act The ECHR ruling in detail prior review by a court or an independent requests revealed large-scale use of such The ruling by the European Court of administrative body. powers to identify largely police and public Human Rights reported the “deep concern” The High Court judges gave the official sources suspected of leaking stories of the UK Media Lawyers’ Association that government six months to amend the to the media over many years. domestic law was moving away from the legislation and put things right. The In February 2015, the then Interception of strong presumption that journalistic sources deadline is November 1, 2018. Communications Commissioner’s Office would be afforded special legal protection. reported that in an investigation going Since the protection of journalists’ sources Hacking of journalists’ phones back the previous three years they had was one of the core components of Article It is almost inevitable that since the passing established that detectives had been able 10, more robust protection was required. of the Investigatory Powers Act 2000, any to obtain the communications data of 82 The Strasbourg judges agreed with the and every significant leak by public officials journalists using these RIPA 2000 powers. Media Lawyers’ Association, saying: “The to journalists that reached publication in A separate non-attributable source Court reiterates that freedom of expression newspapers and broadcasting channels was disclosed to me: “Think of any significant constitutes one of the essential foundations secretly investigated with the sources being police and civil servant leak since the Act of a democratic society and that the identified. was passed and assume that the name of safeguards to be afforded to the press are of All the police and intelligence agencies the journalist’s source and much more was particular importance.” had to do was obtain approval from a found out by the police being able to access They added: “The protection of journalistic senior official in their own organization, data without having to go to a judge for a sources is one of the cornerstones of and order mobile phone companies and court hearing.” freedom of the press. Without such

6 The Journal - Autumn 2018 edition protection, sources may be deterred from assisting the press in informing the public about matters of public interest. As a result the vital public-watchdog role of the press may be undermined, and the ability of the press to provide accurate and reliable information may be adversely affected.” The judges said: “The Court has always subjected the safeguards for respect of freedom of expression in cases under Article 10 of the Convention to special scrutiny. Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society, an interference cannot be compatible with Article 10 of the Convention unless it is justified by an overriding requirement in the public interest.” The Court recognised the more drastic impact of the authorities carrying out searches at a journalist’s home and workplace with a view to uncovering his or her sources. Investigators who raid a European Court of Justice journalist’s workplace have access to all the documentation held by the journalist. recognize that the journalist has a right life imprisonment for misconduct in public The court decided: “… in view of the to be party to any review of a police or office and will be 14 years for leaking info potential chilling effect that any perceived intelligence agency request to access their under a proposed Espionage Bill. interference with the confidentiality of their data. The Institute believes the current regime communications and, in particular, their The Act appoints a Judicial Commissioner is too administrative and not judicial and sources might have on the freedom of the to adjudicate applications and journalists transparent enough. The continuing use of press and, in the absence of any ‘above have no rights to be informed about the misconduct in public office to criminalize the waterline’ arrangements limiting the applications or access to their information. public official journalist sources is just a intelligence services’ ability to search and The Investigatory Powers Commissioner’s ruse to put a fake cloak of “serious crime” examine such material other than where Office is now being run by High Court over whistle-blowing to journalists by civil ‘it is justified by an overriding requirement judge Sir Adrian Fulford and he plans to servants. in the public interest’, the Court finds that use around 15 current and recently retired There is every reason to suspect that there has also been a violation of Article 10 High Court, Court of Appeal and Supreme the Snoopers’ Charter has many more of the Convention.” Court Judges as Judicial Commissioners. performances to run in the UK courts and at Everything will be conducted in secret Strasbourg before professional journalists What happens next? with no public scrutiny at all and absolutely acting in the public interest get the legal As with the European Court of Justice no due process of legal representation. protection they need and deserve. in Luxembourg, the ECHR judges in Protections for sensitive categories such Strasbourg decided that permitting access to as “confidential journalistic material” retained data for the purpose of combating and “sources of journalistic information” crime (rather than “serious crime”) and, are invalidated where the “information save for where access was sought for the is created or acquired for the purpose of purpose of determining a journalist’s furthering a criminal purpose.” source, it was not subject to prior review Criminal activity is defined as a situation E-mail address by a court or independent administrative where an accused “who has no previous body. This was a violation of Article 8 in convictions could reasonably be expected If you are not receiving regular messages from us via e-mail it terms of journalists’ confidentiality. to be sentenced to imprisonment for a is likely we do not have your The next chapter in the Snoopers’ Charter term of 3 years or more.” This means any up-to-date details. Don’t miss saga is how the government is going to public official trying to leak anything to out. Update your details today amend the current Investigatory Powers a journalist will be furthering a criminal - [email protected] . Act. At the moment the system does not purpose because the maximum sentence is

SOCIAL MEDIA DID YOU KNOW Follow us, and re-post our messages on social Your annual subscription to the Chartered media. The Institute has a Facebook, Twitter Institute of Journalists is tax-deductible? This and LinkedIn presence which will keep you applies to any Institute member who is a UK up-to-date with our news. taxpayer, whether you are a staff journalist or a freelance.

7 The Journal - Autumn 2018 edition COPYRIGHT – What’s going on?

The EU Copyright Directive by well-resourced exploitative parties, the a fair, honest and workable final text. The nusually, there’s a lot going on free and vibrant internet we all appreciate CIoJ supports the BCC’s hope that this will in the Copyright world, and is not under threat. If the Directive is further strengthen protection for creators Upotentially it could affect just passed in its present form, individuals will and right holders and ensure a sustainable about everybody. Let’s look first at the still be sharing hyperlinks and parodies future for creativity. much-discussed EU Copyright Directive, and posting content as they always have, currently in what they call the ‘trilogue’ as long as the upload platforms obtain BREXIT stage. the necessary licences, as is standard in Unsurprisingly, the plans, problems and On September 12, the British Copyright the offline world. Although the best of predictions accompanying Brexit have Council demonstrated its delight that a internet companies will be unaffected, become a matter of detailed discussion new copyright directive for the digital age some of the largest resent any suggestion between the IPO (the Intellectual had moved a step closer, following a vote that they pay appropriate compensation to Property Office) and BCC members, and of MEPs in the European Parliament. After creators, whilst zealously guarding their occupied much of the discussion time at two years of thorough and careful debate, own copyrights. the September joint meeting of the two Parliament had adopted a mandate to take The trilogue discussions involve the three organisations. The IPO had compiled a the draft reforms into final negotiations major groupings of the EU; the Parliament lengthy checklist of what might happen with the Council and Commission. This of MEPs, the Council of Ministers and between the UK, the EU and the rest of was great news for Europe’s creative the Commission of permanent civil the world, based on various scenarios community and for all who enjoy and take servants. CIoJ members who went on and negotiations. If you’re interested, inspiration from creative works. our International Division’s fact-finding you can find the detailed documentation The new directive is designed to make mission a few years ago, organised by EU (also covering such things as patents, the internet fair for all by properly valuing expert John Szemerey, will remember our trademarks and design rights) on the IPO creative works online, supporting freedom hard-hitting interviews, where each of website, where you’ll have the opportunity of expression and ensuring a balance with these groups claimed the ‘key’ role in EU to put your own ideas, comments and the rights of internet users. Contradicting organisation. In fact each is important and representations to the UK Government. some claims, even spread as ‘false news’ we trust that collectively they will produce Ken Brookes

New music for BBC World Service BC World Service has introduced a new Bsignature tune and complementary music for key programmes. A new specially composed signature tune will be played at the top of the hour, every hour, and new theme tunes for individual programmes will then be rolled out across the Service over the coming weeks. The music has been composed by Mcasso, one of the UK’s leading music and sound companies, and was recorded at Mcasso Studios in London’s Carnaby Street, with the string section of the BBC Concert Orchestra added at Angel Recording Studios in Islington. Mary Hockaday, Controller BBC World Service English said: “We are absolutely thrilled to introduce audiences across the globe to the brand new sound of the BBC World Service. The dynamic music will The BBC Concert Orchestra recording the new music for the World Service. set a fresh, contemporary and distinctive tone for the network, providing the perfect The main theme features synths and other individual programmes, arranged in backdrop to support our news and other percussion, embellished by a live orchestra, different styles. programmes. Even on a speech network, giving a rich, warm sound. It begins and Individual programmes using the new careful use of music can help create an ends with a sound design audio motif, music include Newsday, World Update, identity for the station and build a closer inspired by and echoing the sound of OS, Business Matters, Business Daily, relationship with our listeners. Our the pips – the series of six short tones Weekend Tech Tent and Sportsworld. composers have done a wonderful job, with broadcast at one-second intervals and BBC World Service delivers news content a spirit of curiosity, quality and warmth recognisable around the world for being around the world in English and 41 other which I hope our audiences will come to synonymous with BBC Radio. The main language services, on radio, TV and digital, love.” musical theme also appears in the music for reaching a weekly audience of 279 million.

8 The Journal - Autumn 2018 edition Sir Cliff Richard v BBC ruling is a significant precedent and damaging to media freedom

By Professor Tim Crook Vice-President, CIoJ he political fall-out from Mr Justice Mann’s ruling in Sir Cliff Richard’s Tsuccessful privacy action against the BBC, over their naming of him as a suspect in a sexual assault inquiry, has had the flavour of the Brexit debate. Partiality, polemicism, win or lose, right or wrong, good and evil. It’s either one way, or the other. There are many who say the BBC deserved to lose the case, should never have defended it, and the judge’s ruling poses no threat whatsoever to press freedom. In short: “Shame on the BBC!” The judge’s reasoning and interpretation of the law is fully supported and so is his assertion that “It is simply wrong to suggest there is now some blanket restriction on reporting investigations.” The BBC had been strongly urged not to Royal Courts of Justice in the Strand. Photo by Tim Crook appeal. Even the Director-General Tony Hall accepted that “I felt we overdid it to be tried, convicted and jailed, and others later has been developed by the courts and blunt…if we were to appeal we’d be unlikely cleared but complaining their reputations apparently supported by public and to win, cost licence fee money and prolong had been unfairly destroyed. political opinion over the last 18 years. what Sir Cliff had been through, so I felt on There have been significant judge-led There is a severe dislocation in values and those counts we should not appeal.” inquiries into the issue and multimillion understanding between journalistic culture On the other hand there has been pound police investigations. and the legal, public and political spheres. consensus among mainstream media They honestly cannot understand or Sir Cliff Richard v BBC was a contested publishers in press and broadcasting that accept why it was not in the public interest media privacy case involving two of the the ruling does set a disturbing precedent, to publish the truthful information that most powerful parties you could ever find is a significant blow to media freedom, and the police were investigating Sir Cliff in British public life. needs to be resisted. Richard – one of Britain’s pre-eminent and It is an action that would not have been powerfully influential entertainers whose possible prior to the year 2000, the year the Why professional journalists disagree public interest status par excellence has 1998 Human Rights Act came into force, with the judge’s ruling always been heavily defined by his avowed and which introduced into English primary Professional journalists at the BBC and Christianity. law Article 8 of the European Convention elsewhere are aggrieved it has been ordered In this context, even if it was accepted he on Human Rights: “Everyone has the right to pay £210,000 in damages and much more had a reasonable expectation of privacy to respect for his private and family life, his in legal costs for reporting accurately that when suspected of crime, professional home and his correspondence.” Sir Cliff Richard had been investigated by journalists believe they had a public Long ago in the early 1960s there was the police for historical child sexual assault interest duty to report that the police were case law making it clear that reporting that claims. investigating Sir somebody had been They had repeatedly reported his side Cliff Richard for helping the police of the story and only said they were sexually assaulting with their enquiries allegations. They reported that the police a child at a Billy The professional news and when they were interviewed him, did not arrest him, and Graham meeting in journalistic culture of this subsequently neither later fully exonerated him. They always Sheffield in 1985. country has not come to terms arrested nor charged reported his position that there was no The BBC were with how the law on media was not libellous. truth whatsoever in the allegations. They truly shocked by privacy has been developed by The media had think it unfair that damages have to be paid the ruling largely always recognised for a story that was true and when they because they the courts that they had a consistently and repeatedly reported his considered it as a public duty to denials, expressions of innocence, and final retrospective penalty for doing something publish stories about individuals who were exoneration. at the time that custom, practice and law suspected of crime, had had their home They do not understand why it was not in had always permitted. and premises searched as a result of a the public interest to name him when there police enquiry, and when they were being was an intensive and widespread political Privacy law and culture interviewed by the police whether or not and public debate about well-known The professional news and journalistic they had been formally arrested. celebrities being subject to historical child culture of this country has not come to The public interest intensified where an sexual allegations some of whom were later terms with how the law on media privacy individual was well-known, powerful, had

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media and its general public audience as a Lord Sumption added that the public prejudiced, rabid and witch-hunting mob interest in the identity of individuals incapable of respecting and acknowledging involved in the criminal justice process the very justice inherent in the due process “depends on (i) the right of the public to of the law. be informed about a significant public act Mr Justice Mann’s reasoning in paragraph of the state, and (ii) the law’s recognition 248 of his ruling is contentious: “The fact that, within the limits imposed by the law of an investigation, as a general rule, will of defamation, the way in which the story is of itself carry some stigma, no matter how presented is a matter of editorial judgment, often one says it should not.” in which the desire to increase the interest BBC Headquarters in London It can also be argued the judge made a of the story by giving it a human face is a public figure status, or was part of a public fundamental mistake in law in making legitimate consideration.” interest set of circumstances and narrative. the risk of some stigma as justification for Lord Nicholls in Reynolds v. Times The law protected publication if the facts reasonable expectation of privacy in these Newspapers in 1999 said: “… it should were accurate. circumstances to take precedence. He always be remembered that journalists But the developing law of privacy as was wrong to decide that the inevitability act without the benefit of the clear light of evidenced by Mr Justice Mann’s ruling of some stigma residing in some people hindsight. Matters which are obvious in fundamentally changed this situation. should trump the public interest of a media retrospect may have been far from clear Most of the commentary on the Sir Cliff publication reporting the criminal justice in the heat of the moment. Above all, the Richard case has failed to acknowledge process and identifying an individual court should have particular regard to the that Parliament in the 2011 Education Act suspected of a criminal offence. importance of freedom of expression. provided statutory life-long anonymity Lord Devlin in Lewis v Telegraph 1964 “The press discharges vital functions as a for teachers accused of criminal conduct said: “Suspicion of guilt is something very bloodhound as well as a watchdog.” against the students they teach unless and different from proof of guilt […] A man until such time they were formally charged who wants to talk at large about smoke may Mr Justice Mann’s rejection of the BBC’s by the police. have to pick his words very carefully if he case Teachers became the first group of wants to exclude the suggestion that there There is no doubt that public and political professional people in British legal history is also a fire; but it can be done.” opinion are strongly sympathetic and to be given automatic anonymity when they Sir Cliff Richard said in interviews after supportive of Sir Cliff Richard’s successful are accused of a criminal offence at work. his High Court victory that he believed the action against the BBC. His position on There was a short period between 1976 BBC “took it upon themselves to be judge, anonymity for criminal suspects is backed and 1988 when men accused of rape jury, and executioner.” by an opinion poll conducted by YouGov offences had statutory anonymity unless But Sir Cliff Richard was not being tried where 86% of respondents support the and until they were convicted by the jury in by the BBC. He was simply the subject anonymity of suspects under investigation a crown court trial. of reporting about a police enquiry and 62% favour anonymity for those on Mr Justice Mann confirmed that the Sir investigating an allegation against him that trial who have not yet been found guilty of Cliff Richard and BBC case was legally the police eventually decided did not merit an offence. The poll was conducted on July significant in advancing a reasonable arrest, charge and criminal proceedings. 19-20, 2018, with a sample of 1,669 adults in expectation of privacy for criminal suspects. Failure to give weight to UK Supreme Great Britain. It was not something which been “clearly Court Precedent Paragraphs 20 to 28 of Mr Justice Mann’s judicially determined, though it has been It can also be argued that Mr Justice Mann ruling offer a withering deconstruction the subject of judicial assumption and did not give sufficient of the reliability of the concession in other cases.” (Judge’s ruling weight to the powerful BBC’s witnesses. at paragraph 234). authority in the UK Of the BBC’s reporter Four rulings at High Court and Appeal Supreme Court rulings There is no doubt that Daniel Johnson, he said: Court level in 2014, 2015, 2016, and 2017 of In re Guardian public and political opinion “He was capable of had developed the case law: PNM v News and Media Ltd are strongly sympathetic letting his enthusiasm Times Newspapers Ltd, Hannon v News in 2010 and PNM v and supportive of Sir Cliff get the better of him Group Newspapers Ltd, ERY v Associated Times Newspapers Richard’s successful action in pursuit of what he Newspapers Ltd, and ZXC v Bloomberg LP. Ltd in 2017. thought was a good He cited the importance of other extra- In 2010 case Lord against the BBC story so that he could judicial views justifying suspect anonymity Rodger said: “… twist matters in a way such as from the Leveson Inquiry. More the law proceeds on the basis that most that could be described as dishonest in recently Sir Richard Henriques when members of the public understand that, order to pursue his story.” investigating the Met Police’s handling of even when charged with an offence, you Of the BBC’s deputy to the Director of historical sex abuse crimes commented that are innocent unless and until proved guilty News, Fran Unsworth (who was later well-known entertainers “are all victims in a court of law. That understanding can promoted to Director) he observed: “Her of false allegations and yet they remain be expected to apply, a fortiori, if you are acts and thinking on the day, like the acts treated as men against whom there was someone whom the prosecuting authorities and views of others, were affected by insufficient evidence to prosecute them. are not even in a position to charge with an the desire to protect the scoop.” She was The presumption of innocence appears to offence and bring to court.” “tinged with wishful thinking and a bit of have been set aside.” In 2017 Lord Sumption said: “The sexual ex post facto convenient rationalization.” abuse of children […] is a subject of great The judge decided on the balance of Critical analysis of Mr Justice Mann’s public concern. The processes by which probabilities to accept the South Yorkshire ruling such cases are investigated and brought Police case that they felt pressurized into Mr Justice Mann questioned the capacity to trial are matters of legitimate public agreeing to tell the BBC when they were of the public to accept legal exoneration and interest. The criticisms made of the police going to search Sir Cliff’s apartment in not guilty verdicts. and social services inevitably reinforce the Berkshire. They said they made that offer in It could be argued he was treating the public interest in this particular case.” order to prevent Mr Johnson publishing a

10 The Journal - Autumn 2018 edition story prior to the search, thereby potentially actually considered them at the time,” and news publication that wishes to name a compromising it. added “while I am prepared to accept that suspect under police investigation. Editors Mr Justice Mann decided the BBC did not a journalist’s views on the justification of now know that to do so will run the risk give sufficient consideration to Sir Cliff’s publication (or his/her absence of views) of an action for breach of privacy and this reasonable expectation of privacy when might assist the court in detecting the could be costly. they decided to name him as the suspect public interest in the balancing exercise, • The position is inhibiting. while at the same time using spectacular the ultimate question is one for the court, • The legal cost liability is estimated to be helicopter coverage of the search, which not for the journalist. So, it does not help in terms of millions of pounds. he condemned as a “significant degree of much if Ms Unsworth did not consider the • We may be revisiting the chilling breathless sensationalism.” guidelines, considered the wrong ones, or effect of disproportionate costs to He highlighted the content of emails misinterpreted the right ones.” damages that led the European Court between news editors and reporters that Is it significant that of Human Rights in revealed the crassness and competitive when listing the BBC’s 2011 to decide in the hubris of journalists when working under editorial guidelines Mr Justice Mann seemed Naomi Campbell case pressure to deliver coverage that was on public interest in to take exception to the that the level of legal entered for and received a nomination for his judgement, he fees was a breach of the Royal Television Society award in the omitted “There is also mainstream media coverage Article 10 freedom of category “Scoop of the Year”. a public interest in of his ruling and said: “It Expression. In the light of a previous Law Lord freedom of expression is simply wrong to suggest • The award of an recognizing the public interest in itself.” there is now some blanket additional £20,000 journalists discharging vital functions “as Can it not be argued in aggravated a bloodhound as well as a watchdog”, and that Mr Justice Mann restriction on reporting damages for pursuing acting “without the benefit of the clear light has not given fair investigations.” professional awards of hindsight”, is it possible the Judge has consideration to recognition of a breach not evaluated the BBC’s conduct with the the public interest of privacy story is proper perspective? defence position of journalists and editors certainly unprecedented. Has the judge properly taken into who have to make decisions in the heat • It means that news publishers face account Lord Rodger’s view that judges of competitive deadline pressures and being awarded damages against them should accept that “editors know best without the benefit of hindsight? Even the for being competitive in the pursuit of how to present material in a way that 2013 Defamation Act imposes a statutory scoops and awards for stories that could will interest the readers of their particular duty on courts under section 4[4] to ‘make turn out to be breaches of privacy. publication and so help them to absorb the such allowance for editorial judgement as it Mr Justice Mann stated more clearly information”? considers appropriate’ when determining than any previous case that in breach whether it was reasonable for a media of privacy damages can be collected for The rejection of the BBC’s position on defendant to believe that publishing the harm to reputation – a remedy usually public interest statement complained of was in the public encompassed by libel law. But in privacy, Mr Justice Mann rejected the BBC’s interest. unlike libel, claimants are not required to argument that it had a public interest prove that their reputations have suffered duty to identify Sir Cliff Richard as a Is Mr Justice Mann’s ruling a significant “serious harm, or a likelihood of serious suspect when covering the police search precedent? harm.” This is creating a telescoping and of his home. What Mr Justice Mann inequitable overlap between libel and is also significant is seemed to take privacy; particularly when privacy can that in the absence Mr Justice Mann decided the exception to the be a remedy for truthful and untruthful of the hullaballoo BBC did not give sufficient mainstream media information. helicopter consideration to Sir Cliff’s coverage of his ruling The case breaks new ground in making sensationalism a and said: “It is simply clear that there is a special damages liability boring copy read by reasonable expectation of wrong to suggest for the consequences of a media breach of a presenter in the privacy...while at the same there is now some privacy when this triggers further problems studio naming Sir time using spectacular blanket restriction for a claimant as a result of the behaviour Cliff Richard would helicopter coverage...which he on reporting of other people. Special damages are to be still have been a investigations.” assessed for the costs involved in employing serious breach of condemned as a “significant Close reading of his lawyers and public relations experts to deal his privacy: “A degree of breathless ruling proves that he with the fall-out from the BBC’s coverage. lower key report sensationalism.” does set a precedent This includes a Facebook page called of the search and on a wide range of “Christians against Cliff” which contained investigation (for issues. He says so “a large number of outrageous, highly example, done merely by a measured himself when declaring at paragraph 322: offensive and defamatory allegations and reading of the relevant facts by a presenter “I agree that the case is capable of having remarks about Sir Cliff.” in the studio) would, on my findings be a a significant impact on press reporting.” His lawyers had to also head off attempts serious infringement, and would not be At paragraph 248 he says: “It seems to me by other newspapers and broadcasters outweighed by the BBC’s rights of freedom that on the authorities, and as a matter of to publish false allegations, there was of expression.” general principle, a suspect has a reasonable an attempted blackmail, potential US In cross-examination BBC deputy editor expectation of privacy in relation to a police immigration difficulties, and a lost book of news Fran Unsworth identified two BBC investigation, and I so rule. As a general deal. editorial guidelines on public interest that rule it is understandable and justifiable she believed applied in this case: “exposing (and reasonable) that a suspect would not The future or detecting crime” and “protecting wish others to know of the investigation There is one immediate lesson that all people’s health and safety”. But the judge because of the stigma attached.” professional journalists, the BBC and media said it was “not clear to me whether she His ruling creates a chilling effect for any could learn from the case. Absolute care

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and caution needs to be taken in electronic Something as serious as the right of any layers of appeal and potential redress. communications between journalists in the criminal suspect prior to formal arrest and Any freedom of expression and privacy newsroom. The kind of communications charge to anonymity is a constitutional dispute has the potential of six legal that have been traditionally commonplace issue that should between reporters and their editors be decided by should never be allowed to be funnelled Parliament; not by into the public arena of judgment and some single judge condemnation of media legal litigation. in the Chancery The gallows humour, satire and irony that Division of the High relieves stress and tension should be kept Court who has analogue, ephemeral and unrecorded. not addressed and The decision by the BBC not to appeal the followed binding case after Mr Justice Mann refused leave previous precedent to appeal means that until another case from the United emerges the issues and problems identified Kingdom Supreme here will remain unresolved. There is the Court. Any party The Oldie scoop that exposed Jimmy Savile by Miles Goslett. But libel laws possibility of a future direction of travel to legal proceedings meant Savile was shielded while alive. Image: Screengrab of The Oldie online. in reasonable expectation of privacy and should be subject to anonymity in the criminal process that robust public criticism; particularly where forums: High Court to Appeal Court to UK could well extend to the identity of people the issue will not be tried by lay jury. Supreme Court for injunctive relief, and arrested, charged, put on trial, acquitted, However, the BBC had come under the same three-part staircase for any trial and released after the completion of their vituperative public and political pressure of the substantial issue. This sorry case is a sentences. This is because of the emphasis not to appeal the matters of legal principle worrying precedent and there is no doubt Mr Justice Mann has placed on the problem arising. It is disturbing that rather than that freedom of expression and the rights of stigma never being checked by the use the legal system, it has felt the need of the media have been left bruised and presumption of innocence and indeed its to directly contact the government and compromised. legal declaration and confirmation through Parliament for redress. The financial We are a long way from the judicial public exoneration and not guilty verdict. consequences of pursuing an appeal were rhetoric of the courts recognising that in It is unusual for all mainstream media clearly disproportionate in terms of the a democracy the media must be allowed publishers, including the Society of Editors, rising and accruing costs compared to to perform their watchdog role as to join in a consensus about the judge’s the actual amount of general damages bloodhounds. ruling damaging media freedom and all awarded. The English legal system does Time will tell if Sir Cliff Richard v BBC has the more disappointing that these concerns not assist here in having so many levels and replaced the bloodhound with a poodle. cannot be addressed by the higher courts. While public and political opinion appears to support the ruling and Sir Cliff Richard’s campaigning for suspect anonymity, the situation could change. Would the public be content if the leader of one of the main A lifeline for members political parties, or key members of the Royal Family found themselves suspects reelance work always gives a buzz to Institute of Journalists, lifelines and in a serious criminal investigation and the Fwriters and journalists – especially if lifeboats are available if the drought media were prevented from making any such commissions constitute the bulk continues or life’s difficulties begin identification? or indeed the entirety of their output. to overwhelm. For many years, our During his lifetime the entertainer Sir Jeffrey Bernard (always a freelance) organisation has set down a solid Jimmy Savile was protected by the libel famously observed that his Spectator foundation for charity and for benefits laws when over a 54 year period between column, Low Life, though popular – – and benefice – for members. Thanks 1955 and 2009, 500 people aged between and even giving rise to a West End play to careful stewardship, investment and five and 75 complained that he had – was not really a living. He was also husbanding of our funds, the General sexually assaulted them. With the burden sceptical of those who would reward Secretary and Council have provided of proof in libel on the media defendant him, not with a fee, but with a bottle the Institute with its own welfare state: news publishers were unable to publish of vodka. “I can’t take that to the bank a useful safety-net if you find yourself allegations made against him. It was feared manager at the end of the week,” he facing the farewell state! Hardship can that the credibility of his vulnerable and once remarked! be reduced by a simple application often disturbed victims would not have Freelance work can have its downside. to Headquarters, perhaps a small survived aggressive cross-examination Sometimes you suffer from a mental payment to see you through, or an in adversarial trials. He was interviewed blank; at other times, there may be interest-free loan if you are confident and investigated by the Surrey and Jersey thin pickings. It could even be that a that the creative and financial juices police forces in 2007 and 2008 over indecent magazine or newspaper upon which will soon flow again. assault allegations, but the cases never you rely suddenly changes editor, The Institute looks after its own, proceeded to charge. changes management – or location, or young or old, pensioner or writer still It can certainly be argued that Mr Justice closes down entirely. At that moment, engaged in the life of journalism. And Mann’s ruling will not assist any media bonhomie at the bar goes out of the it is this spirit which, surely, sets this investigation into another case like it. It window, holiday plans are abandoned Institute out from the crowd. With should not be the role of any judge or court and you find yourself confined to such a positive and caring outlook for to change laws that are strictly matters quarters. Just where is the next cheque our members, we need to spread the for Parliament, and in particular, for its coming from? good news about membership and democratically elected chamber, the House Fortunately, in the Chartered participation. of Commons.

12 The Journal - Autumn 2018 edition Farewell, This England here has been quite a lot of coverage sprinkling of meaningful pieces of poetry in the media recently about the and readers’ contributions. All inspired, of TBeano, the children’s comic that this course, by John of Gaunt’s memorable lines year celebrates its 80th anniversary. The in Shakespeare’s play Richard II: “This much-loved home of Dennis the Menace, royal throne of kings, this sceptred isle…” the Bash Street Kids and many other famous Crucially, from the outset, This England characters is published by D.C. Thomson, was also imbued with certain values and the Dundee-based, multimillion pound standards. This meant articles and pictures organisation which is also responsible of the highest quality, with nothing ever for a number of Scottish newspapers, the offensive or sordid on the magazine’s magazines My Weekly and Commando, pages (and with correct spelling and and the website Friends Reunited. David punctuation at all times!), regular features Thomson, one of the company directors and supporting our Royal Family, Armed a descendant of David Coupar Thomson Forces and Church, and a commitment to who founded the business in 1905, was treat subscribers and contributors honestly interviewed on BBC Breakfast, explaining and politely, with a willingness to answer why he thought the Beano has enjoyed such any queries they might have efficiently, longevity and describing the success of the patiently and punctually. These might be company as a whole. D.C. Thomson also dealt with over the telephone or through - largest post bag This England had ever publishes a popular weekly, The People’s what seems strangely old-fashioned now - seen: “Don’t Let Europe Rule Britannia”. Friend, which in 2019 reaches a notable by letter, written by the editor’s secretary. It was campaigns such as these, and the milestone: 150 years of providing its readers This all helped to create a bond between the forthright views they encouraged on both with a Scotch broth of short stories, recipes magazine and its readers that was - and is - sides of the various debates, that made This and knitting patterns. From the company’s unrivalled in the world of publishing. England unique and very special. massive, fortress-like offices in the city, In due course I became deputy editor celebrations have already been planned, and Hive of activity and then, in 2009, when the Faiers family it looks like being the equivalent of Empire By the time I joined the company in sold the business to D.C. Thomson, the Day, with representatives and employees 1982 it was a hive of activity located in magazine’s editor. It was a great honour from all corners of the vast D.C. Thomson a magnificent Regency building in the to be at the helm of such a wonderful domain paying homage, sharing memories centre of Cheltenham. As well as This publication, with the chance to build on and making their own contributions. England (and another quarterly magazine, all that had gone before. Editorial and It is all very exciting, but there is another Evergreen, which we launched in 1985), we production continued largely undisturbed, publication, a part of the D.C. Thomson produced best-selling calendars, diaries, but the alarm bells did ring when, not long empire since 2009, whose landmark year books and CDs, and sold a range of patriotic into their ownership, our new management has, regrettably, been marked by a rather English products from flags and bunting – to save money – made all our customer different attitude from its Scottish overlords. to St. George’s Day cards and car badges service staff redundant. This removed, at In 2018, This England magazine, the depicting the English flag. A very important a stroke, years of combined knowledge patriotic quarterly magazine that celebrates figure in the preparation of This England and dedication and severed the close link all that is best about England and the was artist Colin Carr, whose unique, between publication and reader. To make English way of life, reaches its half-century whimsical paintings were a much-loved matters worse, enquiries, subscriptions – 50 glorious years of entertaining readers feature of each issue. We also instituted and orders were now taken by a call centre all over the world with an informative, the Silver Cross of St. George, an award for in, of all places, Kirkcaldy. This England lively and attractive mixture of fascinating men and women whose actions in a wide readers, used to friendly chats with ladies articles, stunning colour photographs, range of fields demonstrated qualities such they had come to know as individuals, were uplifting pieces of poetry and enthusiastic as charity, courage, enterprise and self- less than pleased to discover they were readers’ letters. Unfortunately, worrying sacrifice. This commitment to supporting now having to deal with men and women recent events mean that the future of this English traditions and opposing any (often speaking with impenetrable Scottish much-loved magazine is now very much in move to undermine them found fuller accents) who had no understanding doubt. expression in a series of high-profile of the publications and no time to do It was in the spring of 1968 – in a very campaigns spearheaded by This England anything but take payments and process different England from the country we and publicised through articles and letters orders. Not only that, but the service was live in today – that the first copy of This in the magazine. These included “Save appalling and resulted in a large number of England appeared on newsagents’ shelves. Our Shires” to preserve England’s historic complaints. Another call centre, this time Launched with the appealing slogan, “As counties in the face of administrative in Sittingbourne, Kent, was then tried. This refreshing as a pot of tea”, the magazine was reforms and widespread ignorance in proved even more of a disaster and the the brainchild of Lincolnshire businessman the media, opposition to compulsory loss of subscribers as a result (numbered and publisher, Roy Faiers. From his offices metrication which made selling a pound of in thousands) did incalculable damage. in Grimsby, then the world’s leading apples a criminal offence, an ongoing drive Eventually, in a desperate attempt to steady fishing port, Roy had already enjoyed to encourage the celebration of St. George’s the ship, it was decided that all calls should modest success with six county magazines. Day on April 23, and, at a time when be handled at the company’s headquarters His idea was to apply the same formula to a euroscepticism and a desire to stop Britain in Dundee. national quarterly publication, with articles becoming submerged in a United States of Meanwhile, down in Cheltenham, the about all things English – her history and Europe were arrogantly dismissed by most only concern of our dedicated team of heritage, countryside and customs, famous politicians and influential people in the seven full-time staff (all of whom had sons and daughters – complemented by media as the views of cranks and “Little beautiful photographs of England and a Englanders”, a campaign that created the Continued on page 14

13 The Journal - Autumn 2018 edition

Continued from 13 we were keenly anticipating the future and a word. People who telephone Dundee, been with the company since the 1980s the next stage of the magazine’s journey. bewildered at our sudden disappearance, and ‘90s) was to continue producing high- Sadly, this was not to be. When the lease are simply told that we have “left the quality publications that the readers would on our office expired it was decided from on business” or “retired”. And anyone hoping enjoy. A This England Annual was added high that to renew it would be too expensive, to find an explanation in the recently to our schedule, as well as another yearly and although alternative accommodation published autumn editions of This England publication, Explore England. A number was found, we were informed – much and Evergreen will look in vain. They will of one-off special publications were also to our shock and dismay – that a small merely see a photograph of the new editor, produced, including a tribute to HM Queen independent office like ours was “no longer writing about “the values of OUR founder, Elizabeth II and an Illustrated History of economically viable”, that we were going to Roy Faiers”, and blithely carrying on as if the First World War. And the campaigning be made redundant, and that editorial and nothing unusual has happened. It doesn’t side of This England continued: for an production would be moved to Dundee. seem, looking at the picture, that her neck English national anthem for purely English This was bad enough, but when I wrote my is made of brass, but appearances can be occasions, to get comic genius Ken Dodd final Editor’s Letter in the summer issue, deceptive. a knighthood (which he subsequently explaining to readers what had happened It is being airbrushed out of history in this was awarded) and, as the UK leaves the and thanking them for all their support, I way that hurts us even more than losing our European Union, to rally support for a discovered, when the magazine appeared, jobs. But it also raises serious concerns about new Festival of Britain. In order to adapt that, without consulting me, the article the magazines, which is what all of us are to our changed circumstances, we moved had been removed and replaced by a two- most concerned about. The management’s to smaller offices, but they were in a nice page poem. The content of the article was attitude, in thinking they can hide what part of the town and suited our purpose not bitter or angry, it did not criticise D.C. happened and bluff and bluster their way admirably. Thomson or question their judgement, and through, has demonstrated, yet again, yet, for some reason, it was considered too how they fundamentally misunderstand Contributors’ memories dangerous for readers to see! I felt as though the special relationship This England and The beginning of 2018 was a particularly I had been gagged by a strip of tartan: after Evergreen have with their readers: they are exciting time and we threw ourselves into all these years I was denied the chance to wise folk who expect openness and straight- producing a special Fiftieth Anniversary say farewell to our readers. The same fate dealing and who won’t be fooled easily or publication, reproducing some of the befell my friend and colleague, Angeline have the wool pulled over their eyes. articles, pictures and readers’ letters Wilcox, editor of Evergreen: her final article I honestly hope that This England from the previous half-century. In the and explanation of events did not get past continues to bring enjoyment to readers spring issue, as well as looking back, the Scottish censor either. for another 50 years. Unfortunately, I now with contributors’ memories of how they So, as far as our readers are aware, I, believe this to be highly unlikely. discovered This England and sharing their Angeline, and all the team who cared so Stephen Garnett, Editor of This thoughts of what England meant to them, much, have simply cleared off without England 2009-2018

EATING AND DRINKING The King and Queen, East Malling ack in the seventeenth century, the landlord of the King and Queen might have Binsisted on muskets being left outside. Not so in this age: the Musket in question being a local brewery offering some of Southern England’s best ales. Here at the King and Queen, landlord David Drury will pour you a pint of Fife and Drum (from the Kent Musket brewers) and take your order from a menu, positively mouthwatering in its appeal – from a true steak and kidney pudding (pudding, mind you – no flaking pastry!) to local cheeses, fish, beef, steaks, lamb, pasta and many more exotic dishes – the list seems endless. “The liberty of the A strong runner-up in the Kent Food and Drink Awards and with some of the best-kept beer in the county (cellar-cool, and with plenty of choice – extending even press is the birthright to Cornish ale), the King and Queen is ideal as a stopping point for any journalistic of a Briton and is justly outing involving refreshment. Service at the pub is of the highest standard. In fact, if the Institute Council needs a venue for any future meetings, the King and Queen is esteemed the firmest under an hour from Victoria Station, on the Ashford line. bulwark of the liberties Good Kentish fresh air, CAMRA-recommended ales, and a wine cellar to cheer the heart of any journalist: what more could anyone want? of this country.” - John Stuart Millson Wilkes (1725-97)

14 The Journal - Autumn 2018 edition Risks to quality journalism ‘present a threat to democracy’

threat to democratic accountability and the quality The Times and Sunday Times). he Chartered Institute of Journalists of journalistic freedom of expression in the United A successful business model might be the (CIoJ) has warned that “quality Kingdom. publishing company, Reed Elsevier, now known journalism is at risk” and that as Relex, that has built a hugely profitable internet T What are the main sources of evidence that support your publishing business over the last 20 years by putting this “presents a threat to democratic view? their previously paper only scientific journals accountability” in the UK. In its submission Many local newspapers are staffed by increasingly online and selling subscriptions to universities and to the Cairncross Review into Sustainable fewer journalists, driving down the ability to cover libraries. The lesson here is in using new media as Journalism, the CIoJ says that “neither the news properly. Not only are they understaffed, but another form of legitimate commerce rather than many journalists work some distance from the area an online promotion or advert for the printed form. newspaper industry nor our wider society they cover. Budgets have been cut to shoestring The symbiosis between print and online should be should give up on the printed medium as levels, with all the resultant consequences. commercially mutual rather than destructive. the primary platform for sustainable income This situation is now spilling over into the generation in journalism” but expresses national newspaper arena. The Independent What can the review learn from successful business models newspaper’s print operation was shut down in other sectors or other countries, including those which “serious concerns” about understaffing of recently, and others are struggling to maintain work at scale? We are particularly interested in any newspapers due to cost-cutting by industry their presence in the market place. organisational or business models which might promote or management. advance the future of high-quality journalism at the local What are the main sources of evidence which support an and regional levels: alternative perspective? Where new and viable business models are emerging Here is the full text of the Institute’s The alternative perspectives are few and far for high-quality journalism, what does this tell us about submission: between though significant by example. Models changing consumer behaviour and preferences? that have bucked the overall trend e.g. Financial The hollowing out of professional journalistic Times, Economist, Spectator and Private Eye, and The CIoJ welcomes the opportunity to resources in other Western countries through signs of digital sustenance through membership declining circulation, the transfer of advertising submit views to the Cairncross Review into subscription. The Guardian culture of ‘donation/ to online and social media consumption, and a Sustainable Journalism, which comes at a subscription’ or the pledge to use an American continued expectation that news journalism is expression is the mainstay of public interest something that can be received without payment time when journalism as we know it has journalism in the USA where public television never been under greater threat. online is a transnational pattern. There is no sign and public radio (NPR, Pacifica and public radio that any business model has succeeded in reversing foundations) depend on listener subscription and this trend in the United States. The review’s objective is to establish how far and by what donations, often intensified during ‘pledge weeks.’ In some European countries there has been a means we can secure a sustainable future for high-quality It is significant that the Guardian’s source of income longstanding culture of state subsidy in various journalism, particularly for news. Looking ahead to 2028, from this genre of contribution has enabled it to forms and we appreciate that the Cairncross how will we know if we have been successful, in relation to: reach the tipping point in 2018 of online income Review has quite rightly travelled to the EU zone Publishers exceeding print publication income. Buzzfeed to appreciate how this operates in the context of It can only be judged by expansion of print and has engaged a similar strategy. The persuasion the drift of younger audiences from print to digital online services, increase in print circulation and to donate and support in a financial way that is online platforms. reliably measured online visiting, preferably by additional to the printed-cover price, advertising The essential problem facing UK news media subscription, increased competition between news and regular subscription is an engagement with groups is that this advertising drift to global US services at all levels, and increase in professional the democratic imperative as a voluntary contract digital platform giants has been catastrophic. It remunerated journalist positions. of commitment. has given business corporations situated abroad This is how the Guardian presents its pledge to Consumers massive profits and income that previously online readers: ‘Your support is vital in helping This can only be judged by measured surveying underpinned and funded UK journalism at all the Guardian do the most important journalism of of trust and appreciation of standards of levels. These global online corporations refuse to all: that which takes time and effort. More people reporting, informative and analytical journalism accept the responsibility of being publishers, avoid than ever now read and support the Guardian’s and in increase in the consumption and financial fair taxation and fail to fairly remunerate links and independent, quality and investigative journalism. engagement by payment for local, regional and content generated by traditional journalistic media Like many media organisations, the Guardian is national newspaper and online journalism. The institutions. operating in an incredibly challenging commercial critical breakthrough will be the effective education We are not confident that new and viable environment, and the advertising that we used and engagement of printed newspaper literacy by business models are emerging as an answer to the to rely on to fund our work continues to fall. younger generations of readers and subscription problems identified by the Review. We do believe Advertising revenues are falling. We haven’t put to online platforms. A free and competitive press that new and viable business models could develop up a paywall. We want to keep our journalism as needs participation in a commercial market-place if links and content generated online by traditional open as we can.’ and a willingness for consumers to buy and invest print media received a proportionately supportive The virtues and values expressed here could at cover price and contact as well as advertisers to income and share of the global online giants’ be adopted by local and regional newspapers in buy advertising in the printed form and online. advertising bonanza. setting out public service duties to their readers A short conclusive answer is that the closures This could be achieved by direct levies or and communities. We believe that high standards will halt and the redundancies will stop in local licensing of Google, Facebook, and Twitter and of professional journalism serving the interests of newspapers, and there will be reverse in decline their equivalents that was then distributed to local, regional and national communities represent of circulation in all sectors including regional and professional news publishers in the same way that a qualitative contract that news consumers will national titles. PPL, PRS, and ALCS distributed royalties to music always appreciate. The method and terms of The Institute believes neither the newspaper publishers, composers, performers and authors. financial expression could be expressed in different industry nor our wider society should give up ways. The pledge and donation model appears on the printed medium as the primary platform Are different approaches needed for different parts of the to be working for the Guardian and is certainly for sustainable income generation in journalism. market (e.g national and local; general and special interest worthwhile investigating and supporting at other Books have not been replaced by Kindle and news)? levels. electronic publishing. We believe the printed word One of the difficulties of introducing any form It is significant that Private Eye and the Spectator, can become trusted and valued again and can help of state subsidy and grant-funding in the form of both periodicals, can sustain and increase print to restore the damaged reputations of professional a national ‘Journalism Council’, equivalent to the circulation. In the case of Private Eye, they can journalists as well as re-establish the democratic national Arts Council, or regional arts boards, is that achieve this without developing any matching and scrutinising role of independent media. a vital and perhaps only sustaining funding stream online presence and certainly without giving away would be subject to political interference, and the free content on the Internet. Do you consider that the future of high-quality journalism success and failure of the application process rather It does seem to be the case that successful models in the UK is at risk – at national, regional and/or local than the intrinsic and provable merits of demand of sustaining economic viability with declining levels? for qualitative journalistic content. print circulation is achieved through paywall Undoubtedly. We would agree that quality It is very difficult for politicians to agree on structures that vary free and paid for access (e.g. journalism is at risk. This bleak future presents a what is ‘the public interest’ and the very process the Telegraph) and online subscription only. (e.g. 15 The Journal - Autumn 2018 edition

of defining a public interest quotient that will breach and a further one is still being considered. measure qualification for subsidy could prove to Google is appealing the decision but it shows that be problematic in political constitutional terms. such profitable organisations are not easily kept In free market or qualitative commercial accountable to any Government. and capitalistic terms, the trend in the UK to Twitter has shut down up to 70 million fake and agglomeration in ownership, and large corporate suspicious accounts since May 2018, according to groups in local media e.g. Reach, Archant, the Washington Post. Newsquest, and Johnston Press has been driven Facebook users post fake news extensively and by the need to rationalise, share resources, the social media site has closed down 583 million and manage declining circulations through an fake accounts in the first quarter of the year. accommodating protection of large economies of Ofcom is also clear that the internet is the most scale. A continuing retreat in the overall income popular platform for news among 16-24s (82%) and context means large economies of scale cannot ethnic minority groups (EMGs) (73%). reverse a decline in publication and readership that Revenue is the driver for all these internet giants. undermined smaller and independent businesses. Since the search engines and social media sites can We would argue criticising the trend to direct users in any way they want – to genuine agglomeration may obscure the advantages of articles or fake ones – the impact they have on using tax relief and other central, regional and local journalism, and readers access, is huge. newspapers are given greater tax breaks. This was government economic incentives to encourage Quality news faces being drowned out by the pinned down to business rates and there followed a national media groups such as Guardian Media, plethora of fake news feeds. joint consultation, led by the Department of Culture, News UK, Associated Newspapers, The Telegraph Many consumers access news through digital Media and Sport (DCMS) and the Department of Group and even the Financial Times to invest search engines, social media platforms and other Communities and Local Government (DCLG). in local newspaper/media titles to widen and digital content aggregation platforms. What The consultation was launched in order to diversify their economic base of publication. These changes might be made to the operation of the understand the challenges currently faced by local groups have the economies of scale to research online platforms and/or the relationship between newspapers occupying properties in their local and develop local journalistic resources and the platforms and news publishers, which would areas and whether relief on their business rates publications that can feed and cross-pollinate their help to sustain high-quality journalism? bills could help support them. national and international publishing activities. Government should explore ways in which On March 16, 2016 the Chancellor announced at to force the big global internet giants to pay the Budget that the Government will introduce a To what extent do new and emerging business models such towards the cost of producing news. Internet £1,500 business rates discount for the office space as online-only, hyperlocals and cooperative models work or platforms should contribute more fully to the cost occupied by local newspapers in England, up to mitigate issues felt by traditional players? of providing good journalism – by agreeing on a a maximum of one discount per local newspaper We are not convinced that these models are more realistic scale of charge received for content title and per property, up to state aid limits, for two effective substitutes and have any future as working provided. These charges should take into account years from April 1, 2017. business models. We do not challenge or question the enhanced revenues that social media outlets The relief is intended to be specifically for the worthiness and good intentions of hyperlocal enjoy by virtue of being able to make use of the local newspapers and is delivered through local and cooperative players, but the narrative up until news and other editorial content provided by authority discretionary discount powers (under now is unfortunately not a solution to the problems newspapers. section 47 of the Local Government Finance Act) being addressed by the Review. There is a symbiotic nature to this model in the and so there are deep concerns that this will spark The Institute fully respects how hyper local news sense that the validity of the search engine, or social more closures when it concludes next year. sites and independently produced free newspapers media site, would be enhanced with links to quality Especially given the dire straits of many local can combat the centralisation of large publishing news feeds. The news outlets would gain some authority finances. There is nothing in place to companies by engaging their readership in content income to support the costly nature of reporting replace this support, but we would go so far as to they actually want to read and can relate to. The news. say that this should not only be extended in time, ‘local’ paper in Kensington and Chelsea for instance but also enhanced to offer greater support. employed no reporter in the area who could have High-quality journalism plays a critical role in our We believe the Review could advocate a cultural been able to hear and publish the concerns of democratic system, in particular through holding power and economic call to arms to reverse what is clearly Grenfell residents as to the safety of their building. to account, and its independence must be safeguarded. In a democratic deficit in the quality of information Yet neither was there any effective presence of light of this, what do you consider to be the most effective being provided and received by UK citizens online-local, hyperlocal and cooperative operating and efficient policy levers to deliver a sustainable future for towards the end of the second decade of the 21st to replace the function of professional local high quality journalism? century. journalistic publication. The idealism and good Closure of local papers is reducing the sense Economic incentives and guaranteeing intentions are not at present matched by real of community in areas across the UK – and the remunerated income streams can be achieved economic and professional sustainability. industry is noticing. through creative and imaginative legislative and When the bomb blast hit people attending a executive policy without generating conflicts of What alternative income streams (other than advertising) concert at Manchester Arena it was the coverage, interest that can arise through direct subsidy. are most likely to sustain high-quality journalism in the by the Manchester Evening News which was held Statutory obligations to engage with legitimate digital age? Are there barriers to their effective exploitation up as “a very good example of where good quality professional news publications through and if so, how could these be addressed? local journalism and a good quality local paper can advertising, sponsorship and distribution of We believe we have addressed answers to these actually be out there supporting their community.” central, regional and national government and questions at 2b, and 3a & b. We believe solutions MEN raised £2.5m for the victims but what was private corporate commerce in promotion, and can be found in creative and redistributive forms less well known was that thirty local journalists communication all help. and measures of tax relief, taxation, licensing of answered the call to cover shifts for the exhausted Is it the case that local, regional and national copyright and intellectual property, and rewarding reporters, photographers, subs and editors. government bodies regularly buy and acquire their individual reader pledges and donations, in a Wider international research shows that respective newspaper media? similar way to the advantages offered to recognised local newspaper closures are partly related to To what extent could schools, colleges and charities. Government needing to spend more. Financing universities and all forms of business support Dies in Darkness? The Impact of Newspaper the commerce of the newspaper industry by What has been the impact of the operation of the digital Closures on Public Finance was published on May acknowledging a responsibility to subscribe, buy, advertising market on the sustainability of high-quality 8, 2018. and make available to their employees, students journalism in the UK? CIoJ has been instrumental in raising issues and customers? It has been clear for some time that advertising directly relevant to this. The Institute fears that a tendency to politically revenue is being drained out of the traditional In Scotland we objected to local authority problematize and critically invalidate the role of all media sector and into the hands of global Internet advertising revenue being withdrawn from local forms of newspaper journalism has blinded general giants. The loss of this revenue on traditional print newspapers and put entirely online as public opinion to the benefits that it provides in media has been identified by the research done for complex issues such as planning applications were empowering public knowledge and understanding this consultation by Mediatique. not accessible to people who were not computer of how public and private bodies exercising power Despite the Internet giants making money literate or used a telephone for access. influence and affect the lives of everyone. from creating Ad links connected to news articles CIoJ’s other major campaign is against local Newspaper group Trinity Mirror is changing its produced by traditional media outlets, they make authorities spending revenue on non-accountable name to Reach. Shareholders have also approved no contribution to the news sector. Pravda style newspapers which give only selective the group’s takeover of newspapers across Furthermore, the Internet giants are not worried information and are paid for by Council taxpayers the merged group would retain their editorial about mixing genuine and fake news sources, so without any legitimate opportunity to question the independence. The takeover deal includes the long as the advertising revenue comes off the back information. Daily Express, Daily Star, Sunday Express and of the link. Recently, an Essex local authority has declared Daily Star Sunday, plus celebrity magazine titles Recently, Google has been fined a record $5 it will not respond to any questions from an OK!, New! and Star. billion by The European Commission for using independent newspaper. Is that even legal when Trinity Mirror’s annual report is available online its search engine to promote its own Adsense it is public money the local authority is spending? at: http://www.trinitymirror.com/latest/news/ against fair competition. This is the second CIoJ suggested as early as 2012 that local annual-report

16 The Journal - Autumn 2018 edition ‘An appalling talent’ Stuart Millson looks back at the life and work of Ken Russell, the flamboyant film-maker who always courted controversy.

n 1962, a young British director – 35 years Russell, who was to make many films of age – produced a documentary film about the lives of the great composers, Ifor the then main BBC arts programme, this edition of Monitor would end on Monitor. The documentary, the commentary Elgar’s deathbed – a 78 rpm record on the of which was spoken by the magisterial Sir composer’s bedside gramophone coming Huw Wheldon, concerned the life of the to an end… the needle clicking endlessly English composer, Sir Edward Elgar – a onward on the scratchy record surface. subject which, at first glance, appeared relatively conservative and safe. Yet the Surrealism director was no ordinary cinematographer. Dramatic, psychological touches Referred to as “an appalling talent”, such as these marked his style – the and already known for pushing against influence of Russell’s lifelong love of art accepted boundaries and tearing up rules and surrealism – and the obscure, not and conventions, Ken Russell created in to mention the religious (or, at times, his Elgar film a new standard by which all irreligious!). In his autobiography, A such productions would be judged. Instead British Picture, the director wrote about his wartime warnings of mustard gas which to of a dry chronological biography, bound time on the Elgar production: how Huw this imaginative boy only served to confuse by a stiff, predictable formula of interviews Wheldon clearly understood the mood of him: and dull shots of places where Elgar lived the film, despite warning Russell “not to “I could only imagine Sunday roast and worked, the film set the composer use too many crucifixes”; and how it was and Dad mixing the mustard and Mum in his landscape: the Malvern Hills and sheer commitment which ensured that the manipulating gas taps as the vegetables the towns and villages of Worcestershire cameras rolled: bubbled away on the stove.” and Herefordshire. Elgar came to life in “My enthusiasm was shared by the But most important were the many the screenplay – with actors (five in total) entire crew… of three – Higgy the visits to the cinema which Ken made – a playing the composer at different times of cameraman, Jim his assistant and Annie character-forming experience which, again, his career, but with no dialogue, and the my production assistant. Because Monitor he explains in his autobiography: central figure always seeming somewhat was a documentary programme there was “I suppose some might accuse me of elusive – even distant. no ‘effort’ available. However, the Heads voyeurism, but I guess I’ve been a voyeur An unforgettable sequence begins the of Departments did what they could to all my life. So is anyone who goes to the story, with a boy (the young Edward Elgar) help us, unofficially. The Chief Wardrobe cinema or watches TV. There we sit in the riding a white pony across the hills, with Supervisor donated a hamper of Victorian dark, eyes glued to the screen, as if it were the thrilling music of the Introduction and clothes and washed her hands of us, a a two-way mirror, prying into the most Allegro for Strings galloping along with sympathetic make-up girl who was going intimate moments of others… And if you him. The rider than stops and looks out on holiday lent us her make-up kit, and are watching Crimes of Passion [a Russell from the ridge of the hills at the miles and most of the props were begged, borrowed film from 1984] on a video… so what if miles of countryside before him. Later on, or scrounged around Malvern.” I got some of this from the dim light of a Elgar appears as an earnest, happy-go- An interesting view into the world of projection booth in Nether Wallop in the lucky young man, serenading with a band television production in the 1960s. But what middle of Salisbury Plain in 1947?” of fellow musicians, a group of young drew Ken Russell to this medium? The As a young man, experiences in the ladies; and strolling among corn fields and director tried to make sense of it himself, forces and the merchant navy seemed at orchards with his beloved Caroline Alice explaining that people “were always odds with his main ambitions in the arts, (the future Lady Elgar). The more middle- chiding me for not making a film about especially photography, film, and the quest aged Elgar is shown on bonfire night with myself”. A title did occur to him, though: to become a ballet dancer! Needless to say, his daughter, playing with sparklers, and Ken the Kid: eyebrows were raised – Ken’s mother and careering downhill on a sledge – and also in “I thought about the look of the picture… father having something to say about it: a more unsettling moment, on the veranda I decided on a lightning tour of scenes from “ ‘Still, ’e can’t get into films for love nor of his large Malvern house, clearly angry my childhood in the hope that a burst of money, even as an electrician, so what about a bill or a letter that has contained visual shock treatment would revitalise else is ’e fit for?’ ” “ ‘Ballet, perhaps’, I some bad news – the scene hinting at the my memory. Chats to relatives with said tentatively. ‘Ballet?’ – they echoed frustrations and melancholy which were photo albums would help to complete the incredulously.” part of the composer’s character. picture. No use looking at my birthplace for And so began a lifelong career in the arts: Perhaps the most enduring image – inspiration: Nazi bombs had turned it into the experimentation of the artistic fringe the scene which takes the film into the a car park. Poor town!” leading to contacts and new avenues, mysticism and emotional fervour which This was Southampton in the 1930s – and which in turn brought Russell to the door would define many later projects – is the the Russells were certainly a large family, of the BBC, and eventually leading to that moment during a section from The Dream although numerous domestic tribulations masterpiece in tension, Billion Dollar Brain of Gerontius when three crosses appear did not always make life easy. Young Ken (1967) with Michael Caine; the famous on the Malvern Hills; as if Blake’s idea of remembered an Uncle Jack – “a second Women in Love from 1969, which starred Jesus setting foot on our green and pleasant father to me” – and an Auntie Moo, and Oliver Reed, Glenda Jackson and Alan land had found a modern form. For Ken cold houses in winter, and memories of Continued on page 18 17 The Journal - Autumn 2018 edition

Continued from 17 romantic idealist, Delius spent the years camera-work captures the gradual, gentle Bates; and – in 1971 – the shocking and after the First World War until his death in swell of a wave; the flight of a sea-bird – grotesque, The Devils, which again saw 1934 in a state of blindness and increasing and, curiously for a black-and-white film, a Oliver Reed taking the lead role in a tale paralysis – but with so much music still sense of the warmth and air of the day and of possession and insanity. Films were locked within his crippled body. It was season. Somehow the lack of colour evokes also made about the lives of those tortured a young Yorkshireman, Eric Fenby, who the vision more effectively and fully. romantics, Tchaikovsky and Liszt – and wrote to Delius, asking if he could assist At the end of the film, when Delius’s in complete contrast, a 1975 collaboration with writing out scores and helping with heart finally fails, his widow, Jelka, gathers with the storming British rock group, The orchestration – Fenby eventually travelling flowers from their garden, and in a final Who, in a production of their Rock opera, to the composer’s home in France, and ecstasy of spirit casts the petals across his Tommy. Every genre seemed to attract – with many moments of torment and dead body – the music, A Song of Summer, Russell – every venture taking drama and frustration – managing to finalise some of rising to its intense, unbounded climax. For music to the very limit. But perhaps one of his greatest works. me, this is one of the very greatest moments the finest and deepest of the director’s films The film is entitled Song of Summer – in Ken Russell’s work – confirming the was his portrait of the composer, Frederick based upon the name of an orchestral piece director as a true and absolute romantic, Delius, made in 1968 for the BBC. by Delius. Exhausted and virtually on the perhaps the heir to Michael Powell, but an edge of a nervous breakdown, Fenby begins original leader, thinker, artist and maker of Torment and frustration to take Delius’s dictation: he asks his young cinema and television in his own right. Casting the well-known actor, Max friend to clear his mind, and to imagine Russell died in 2011 but his legacy will Adrian, as Delius (Adrian appeared as the gentle swell of waves visible from high live on: inspiring anyone who enjoys the Dauphin in Olivier’s Henry V) and a hills and cliffs by the sea – the sound of a the extremes of emotion, in films which former ballet dancer, Christopher Gable, as seagull’s cry in the distance – and to draw overturn the ordinary; which take us into the composer’s assistant, Eric Fenby, this in an almost pantheistic view of a flawless the worlds of angels and devils, and to black-and-white film charted the closing day at the height of summer. As the music English soundscapes and scenery which stages of Delius’s life. Once a vigorous, plays over Delius’s words, Ken Russell’s will never seem the same again. Tales of Dystopian USA

he Folio Society work and vanishing just has published a when the world is teetering Tluxurious edition of on the edge of economic one of the most divided collapse. Dagny Taggart, pieces of twentieth vice-president of her century fiction (falling family’s railway company, between science fiction, is determined to find the mystery, romance, satire, mastermind behind these philosophical dialogue, disappearances before her melodrama and thriller) – world falls apart. namely Ayn Rand’s Atlas The award-winning “Rand’s prose”, writes Dirda, “whether Shrugged. Balbusso twins were in exposition or dialogue, is always clear, The characters who rise to commissioned to provide sometimes a bit stiff and occasionally the top in Atlas Shrugged the artwork for this three- impassioned, but loyally in service to her espouse Rand’s philosophy volume collector’s edition. thought. Above all, one still surrenders of Objectivism: the pursuit The binding designs create to the author’s propulsive, suspenseful of personal happiness and a dynamic interconnected storytelling.” unfettered capitalism. image across the three This philosophy would, spines, while each volume she was certain, make boasts a series of striking America – and therefore art deco-inspired images Atlas Shrugged the world – great again. that combine cityscapes, By Ayn Rand Her novel remains deeply industry and period Introduced by Michael Dirda controversial, fifty years glamour. This landmark Illustrated by Anna and Elena after it was written, both for edition delivers an eerie Balbusso its ideas about economics vision of Rand’s world and industry and for of iron, sparks and steely Available exclusively from www. its popularity among ambition. FolioSociety.com. £120.00 libertarian movements In his introduction, Three volume set. Bound in blocked around the world. commissioned for metallic textured paper. Set in For all its ideology and this edition, Pulitzer Warnock. Vol 1– 464 pages; Vol economic theory, the novel Prizewinning critic and 2 – 480 pages; Vol 3 – 632 pages. 5 is, at its heart, an addictive writer Michael Dirda full-page colour illustrations per and utterly compelling examines Rand’s obsession volume. Blocked slipcase. thriller, fraught with with uncompromising Illustrations © Anna and Elena Balbusso explosive action, suspense individualism and the 2018 from The Folio Society edition of Ayn and romance. In Atlas Shrugged, titans of enduring legacy of the most divisive Rands’s Atlas Shrugged industry are walking away from their life’s candidate for the Great American Novel.

18 The Journal - Autumn 2018 edition Chartered Institute of Journalists 2018 AGM, London

DATE: Saturday 13 October 2018

TIME: 1.30PM

The Institute’s Annual General Meeting and Conference will take place in London on Saturday October 13, at Canada Water Library, London SE16. All members are invited to attend and play a full part in the proceedings. The day will start at 1.30pm with a buffet lunch, followed by the formal agenda at 2.00pm. Check online for the full programme, agenda, annual accounts and other agm documentation - www.cioj.org/AGM. Saturday We hope you will be able to attend, and maybe have dinner with us afterwards. 13 October 2018 The Annual Report on the activities of the Institute through the last year, and accounts for the Institute and our Venue: charities, may be found on pages 20-24 of this Journal. The may also be found online at cioj. Canada Water Library org/agm. 21 Surrey Quays Road, London Annual Dinner SE16 7AR On the evening of the Conference, members will be having dinner at the Mayflower For details on how to find Pub - https://www.mayflowerpub.co.uk. If Canada Water Library, see https://www.southwark. you wish to join us you will be more than gov.uk/libraries/find-a- welcome. The venue is the site of the original library?chapter=5 departing of the Pilgrim Fathers onboard the Mayflower in 1620 - a short cab ride from the AGM venue. The cost will be £30, which will be payable in advance. Make sure you book your place at the AGM with Please let Diane know if you wish to attend - [email protected] . Diane: See all details at www.cioj.org/AGM 020 7252 1187.

IMPORTANT DEBATE This year’s AGM will have the final vote of the potential merger of the Institute’s charities. Come along and have your say. Full merger details, links to the proposed trust A year in review Page 20-22 deed and the change of CIoJ accounts Page 23 Institute rules may be found online at www. Charity accounts Page 24 cioj.org/agm . 19 The Journal - Autumn 2018 edition A year in review - 2017 ur year was shaped by the long- practices so that they may be accessed PROFESSIONAL PRACTICES running theme of our charities through the internet. This would mean merger. At the Institute’s 2016 that, in the short-term, the Institute could BOARD REPORT OAGM it was agreed o investigate the service the needs of members while working The CIoJ’s Professional Practices Board possibility of merging our Benevolent, remotely. In April this year (2018) the sale (PPB) has campaigned on a wide range Orphan and Pension funds into one was finalised. of journalism issues and threats to media ‘welfare’ fund, in the hope that this would freedom over the past year. make it more relevant in today’s society. FINANCE: Open Justice Campaign During the year the Institute’s Council This was another challenging year for Throughout the year the Chair and sought a legal review of all Institute the Institute’s finances. Income dropped members have been engaged in pursuing charities. That review came up with a once again through 2017, even though we the CIoJ’s campaign: number of recommendations that should made a small surplus for the year of £590. be implemented in order to bring the The Institute called on Parliament and the This drop was once again due to the fall charities in line with current guidelines. judiciary to sustain the vitally important in subscription income. The outgoing Some of these have already been dealt with principle of open justice which is under expenses were successfully managed in order and others will be resolved either through continuing threat from an expanding to limit the affect of the reduced income. the merger, or separately if that proposal is culture of reporting restrictions and a rejected at this coming AGM. The industry has been struggling for a decline in media reporting facilities in the number of years now, and recent studies legal system. In the wider industry, two significant have shown that in the last ten years concerns were fought through the year. The Open Justice depends on ensuring there are income across the national and major local first was the attempt to implement Section reasonable conditions to make professional newspapers has dropped by 50 percent. 40 of the government’s Crime and Courts reporting of court proceedings viable and The number of journalists has similarly Act, and, Leveson Two. Section 40 related to accessible. fallen. This has undoubtedly had an affect the implementation of a cost penalty, linked on membership. The Institute supported a campaign to: to defamation, which would be imposed on • improve notice and information The disbursement to the IoJ (TU) was publications which had not signed up to a about court listings for professionally £63,000. Although this was a drop in recognised Press regulator. The problem accredited journalists; was that most publications had not signed support from 2016, we were able to up to the Governments Press regulator, for maintain a healthy balance in the TU • improve relations and understanding legitimate reasons, which meant that they account. However, this reduced sum meant between the judiciary and journalism could be ruined by vexatious litigants. that the fund shows a small deficit for 2017 industry through the setting up of Leveson Two was the proposed inquiry of £3,619. regular meetings between editors and into the links between the Press and the judges, particularly at regional court The Institute’s charitable funds have centres; Police. We pointed out the exorbitant costs supported members and their families with of the original Leveson Inquiry (in excess financial help totalling £41,465 (2016 - • improve understanding by HM Court of £40 million), and the relative failure £58,064). Service and the Ministry of Justice on to secure any convictions off the back of the needs of professional journalists to it. Another inquiry would simply cost a The Institute’s Council is confident that the be able to do their work effectively in significant amount of money to learn what organisation is able to continue to fulfil its court buildings and court-rooms; we already know. We are pleased to say that obligations to its members. • and, convince Parliament and judges both campaigns were successful: Section 40 that the imposition of speculative, was not implemented and the Leveson Two unprecedented and unjustifiable inquiry has been scrapped. ANNUAL GENERAL MEETING: The Institute’s AGM took place at reporting restrictions makes reporting Towards the end of the year, the Institute Goldsmiths, University of London on the legal system prohibitively was approached by British Land, the new October 14. expensive and journalistically owners of Dock Offices in Surrey Quays purposeless. Members discussed the proposed merger of (home of the Institute office), with a view When professional journalists as the to purchase part of the Institute’s holding. the Institute charities and amendments to the Institute’s code of conduct. eyes and ears of the public are unable to This was because the proposed development attend and offer public interest scrutiny of the immediate area meant that there was a Other motions, including one to create of this vital aspect of the constitution, need to purchase the car parking area of the a ‘Chartered’ status for journalists, had there can be no Open Justice and judicial building. The offer was significant enough to be held over because the debate on accountability to the public. for Council to inquire about an offer for the the Institute’s charities dominated the Institute’s entire holding at the building. time at the meeting. Council dealt with In February this year, the Chair, along Through negotiations, which stretched into the remaining motions at a meeting in with a group of postgraduate Goldsmiths 2018, the offer received was, in Council’s December. Students (some of whom are working view, too good to be ignored. However, professional journalists, and all of whom one of the consequences was that we would In the evening, members enjoyed an were CIoJ members) carried out an have to move quickly. Arrangements were informal dinner. audit of the disconnection between made to move all the Institute’s working media publication and newsworthy court

20 The Journal - Autumn 2018 edition hearings taking place at the Royal Courts The PPB Chair put in a Freedom of The Institute’s leading role in this of Justice. Information Act request for all documents campaign to protect journalists’ sources The report was produced in the Journal and communications concerning the received coverage in UK press gazette and (and may be found on the Institute’s decision to exclude media and public from in the legal profession’s Counsel magazine. website) and had significant impact. It these meetings. Mayor of London’s office Mr Norman’s case has been accepted by was reported on by the Press Association’s and GLA released many communications the European Court of Human Rights Legal Editor Mike Dodd and was also indicating professional media disquiet at Strasbourg which has asked the UK covered by UK Press Gazette, too. and protest at the decision. The material government to respond to the terms of indicates the GLA and the Mayor of The Institute’s report received a favourable his application. Here is the latest report on London’s office believed the undermining the progress of the case by Keir Montieth: reaction from senior figures in the UK of freedom of information as a result of the legal system and other dimensions of exclusion would be served by the release ‘As ever thanks so much for your continued national politics with invitations for of the electronic recording of both events. support and in particular your April consultation and discussion. article. Meanwhile the President of the However, after follow-up questions by the We believe our briefing could have had an First Section has invited a Government PPB Chair, it transpired that an electronic response to the application. I hope that I influence on the recent Court of Appeal record of one of the meetings was not Criminal division ruling of the BBC’s will be able to properly update you once preserved. We have asked for an internal we have received it. Myself, Lucie, Henry challenge to reporting restrictions in a case review of the decision by Mayor’s Office at Worcester Crown Court. and Bob will be meeting in July and the and GLA to reject access to the legal organisation of another event will be on In particular the Court of Appeal judges advice on election purdah and up until the agenda. Timing is so hard to predict acknowledged that even where a reporter now there has not been a response to the with the ECtHR so I suspect we should is in court, they are unlikely to be in review request within the recommended just find a date that is convenient to us all a position to immediately respond to 20 working day period. We intend to and fits in with something significant in an application. Judges should therefore put in an appeal to the Information the chronology of the case.’ consider whether an application should Commissioner’s Office. The PPB Chair’s online discussion and be adjourned to give proper notice to The involvement of the CIoJ in this matter the media. analysis of press and media regulation received significant coverage in UK Press resulted in publication in UK Press The court further noted that the practical Gazette. Gazette and the Conversation. effect of even a short postponement order is to reduce the chances of any reporting Save Our Newspapers All of these activities and this level of at all, highlighting that in the modern era, The PPB is conducting a campaign aimed campaigning demonstrates that the Institute ‘stale news is no news’. Postponement at halting and reversing the decline in is performing well above its weight and scale orders therefore risked the damaging journalist employment and newspaper in intervening and having influence on the effect on the important public interest in publication in the UK. key professional issues concerning the rights and conditions of journalists everywhere. reporting proceedings in the courts. The Institute is committed to a campaign These points were strongly made in our of research and development to find new We intend to maintain and build on this as first Open Justice report which was sent ways of sustaining qualitative local and much as we can in future years. to the senior judiciary. regional journalism in newspaper and multimedia publishing. The Chair and PPB are working on CHARITIES: more research and investigations into The campaign will track and analyse news media closures and start-ups, promote At the Institute’s 2016 AGM members the problems of declining Open Justice. were asked to vote on a motion which Despite writing to the relevant civil servant the concept of literacy and the social value of reading printed newspapers and sought to merge the Benevolent, Orphan organising the working party on Open and Pension Funds. The motion was Justice at the Ministry of Justice, and magazines with readers of all generations and investigate ideas for redressing the amended to ask Council to investigate the being assured that the gentleman would be proposal and provide more detail on what in touch with us, nothing has happened. imbalance in advertising revenue gained by global social media businesses (which would be involved. During the course We are content to continue carrying has undermined the viability of printed of 2017, Council has held a consultation out our investigations and reporting newspapers). with members to seek their views on the accordingly. merger. The response, while members were We hope the campaign will engage with generally in favour, was wide ranging and Mayor of London and Greater London local, regional and national politicians and occasionally contentious with some strongly Authority knife crime secrecy public bodies to assert the public interest voiced opinion against. In addition, during The Institute protested vigorously at a and public sphere role of professional, Council’s investigation into the possibilities, decision by the Mayor of London and qualitative and independent journalism the Institute’s solicitors identified a number Greater London Authority (GLA) to that holds power to account and supports of issues that needed to be resolved either as hold two key meetings on the problem of properly remunerated professional part of the merger, or, if that didn’t go ahead, increasing murders through knife crime journalists. separately in order to bring the Fund’s rules in private. and trust deeds in line with current law. Protection of Journalists’ Sources The decision was taken on the grounds One of the more essential issues to resolve that there were election purdah restrictions PPB Chair played a central role in a special was to update the deeds of appointment based on the fact that some GLA members seminar held at Garden Court Chambers for all Institute charities (this has now were standing in local London Borough in the Robert Norman Belmarsh Prison been rectified). The matter was returned elections. whistle-blower case in November 2017. to the 2017 AGM for further discussion.

21 The Journal - Autumn 2018 edition

At that meeting members agreed to merge merger was to go ahead. The proposal the Institute’s Benevolent, Orphan and Oak Hill & T P O’ Connor Fund should be subject to the agreement of the Pension Funds, subject to agreement by the The Oak Hill & T P O’Connor Fund Charity Commission, however. and the Pensions Fund were administered Charity Commission. The matter would be The fund supports members, and their finally returned to the 2018 AGM where by an unchanged committee of Trustees during the course of 2017. Seven grants dependants, through times of financial members would have to formally agree to hardship. For a number of years now, the amendments to the Institute’s rule book. were made to members, compared with only four in the previous year, Income for Fund’s income has exceeded the call upon the year was £8,556 (2016 - £7,064) and it from members. This means the Fund’s Orphan Fund the total value of the Fund now stands at reserves increased again in 2017. While many people think it is charming to £240,799 (2016 – £220,845). have a benefit for the children of deceased In all, the Fund supported a total of members, the real work of the Orphan Although the Fund was called upon to four members during 2017 (2016 – 6 Fund is the issues and concerns of each help CIoJ members just a few times a members) with grants totalling £7,847 individual child who now needs serious year, the rapid assistance that was provided (2016 – £9,449). One loan of £2,000 help to stay positive about their future was always much appreciated. However, was also provided to a member (no loans after such a sad loss. the continued worry is that journalists were provided in 2016). in need, whether because of health It is not possible to discuss such private Incoming resources for 2017 were slightly problems or any other reason, are just too matters in any public forum but the increased to £12,922 (2016 - £12,287), embarrassed to ask for help, though this is three children and young people we have and the total value of the Fund increased an important function of an organisation supported to the tune of £25074 are through the year to just over £326k (2016 like the Chartered Institute. I discussed delighted we are there. - £304k). this problem at greater length in my 2017 During the year, Trustees became aware The remaining parents have also spoken of report and we have notably increased and of the need to update the Fund’s Deed the relief they feel as two incomes suddenly improved publicity through the Journal of Appointment to reflect the elected become one and for older orphans this and online. included a significant contribution to pay Trustees. This was completed earlier this As a result of the potential merger of most for their student education. current year (2018). CIoJ charities - the Pensions Fund and Dominic Cooper, Trustee This year we have had the additional Benevolent Fund will become part of the challenge. To make sure the Orphan new Welfare Fund - the Oak Hill and T.P. Fund meets the original purposes of O’Connor is likely to spend more time DEATHS: the charity set up in Victorian times, and resources on its wider remit, which It is with great sadness that your Council alongside the strenuous legal framework is to ALL journalists, whether members reports the deaths of 17 members during the of The Charities Commission and the of the CIoJ or not. We are likely to see year. Among those who passed away were ever moving financial, data protection more publicity for this aspect, though some significant stalwarts of the Institute and welfare measures which will protect it would clearly be foolish to organise a including Vic Barnes, Daljit Sehbai, Roger children, trustees and our members fully publicity campaign that greatly diminishes Ryan and Clare Hollingworth. in these contemporary times. the fund’s ability to assist sick or hard-up Adding in the proposed changes to the journalists. Nevertheless, expect to see overall charity arrangements at the CIoJ, and hear more from Oak Hill in coming Signed had left some trustees feeling unsure years, and perhaps even a campaign for Janice Shillum Bhend, President about their future involvement. This was additional finance. Dominic Cooper, Chief Executive despite the Orphan Fund investments at the highest level in their history because Pension Fund 23 September 2017 of their combined prudent management. Sadly, deaths had reduced the number of The consistent assurance that these pensioners to four. However, three new proposals will not reduce the support pensioners were agreed in March 2018 to our members sand especially the to fill vacancies, making the current total Have you seven, with at least one further vacancy. children, means that most of the trustees renewed your now remain working with this rewarding A total of £5,690 (2016 – £5,490) was charity. shared by pensioners in 2017. Income subscription I thank each of them and our Chief for the year was £8,425 (2016 – £8,123). Executive, Dominic Cooper, for their The total value of the Fund is currently financial management combined with £256,180 (2016 - £242,364). Links for the heartfelt and continuing care for this Kenneth J A Brookes, Chairman & Senior payment of your subs crucial work. And I also praise them Trustee may be found on for the care, challenge and assurance our webiste. Don’t they have provided over the year of Benevolent Fund forget you can pay by change. Ultimately whatever happens Trustees of the Fund discussed the future cheque, credit/debit we are assured that this ongoing work of the Fund following the motion passed at card, direct debit, will continue to support our members’ the 2017 AGM, which proposed a merger. children for many years to come. direct transfer and Trustees recognised that, although there paypal. Liz Justice, Chairman was no financial need, beneficiaries today would be better addressed if the proposed

22 The Journal - Autumn 2018 edition

The Chartered Institute of Journalists - audited accounts

Report of the Independent Auditors to the Members of The Chartered Institute of Journalists

We have audited the financial statements of the Chartered Matters on which we are required to report by exception Institute of Journalists for the year ended 31st December 2017, We have nothing to report in respect of the following matters which comprise the income statement, the balance sheets and where our engagement letter requires us to report to you if, in the related notes. The financial reporting framework that has our opinion: been applied in their preparation is applicable law and United Kingdom accounting standards (United Kingdom Generally - adequate accounting records have not been kept; or Accepted Accounting Practice), including Financial Reporting Standard 102 ‘The Financial Reporting Standard applicable in - the information given in the Report of the Council is the UK and Republic of Ireland.’. inconsistent in any material aspect with the financial statements; or This report is made solely to the Institute’s members as a body. Our audit work has been undertaken so that we might state to - the financial statements are not in agreement with the the Institute’s members those matters we are required to state accounting records and returns; or to them in an auditor’s report and for no other purpose. To the - we have not received all the information and fullest extent permitted by law, we do not accept or assume explanations we require for our audit. responsibility to anyone other than the Institute’s members as a body, for our audit work, for this report, or for the opinions Sam Narula (Senior Statutory Auditor) we have formed. for and on behalf of Samuels LLP Respective responsibilities of Council and auditors Statutory Auditors As explained more fully in the Statement of Council 3 Locks Yard, High Street, Sevenoaks, Kent, TN13 1LT Responsibilities set out on page 3, the Council is responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view. Our responsibility is to audit the financial statements in accordance with applicable law and International Standards on Auditing (UK notes 2017 2016 and Ireland). Those standards require us to comply with the £ £ Auditing Practices Board’s Ethical Standards for Auditors. INCOMING RESOURCES Incoming resources from generated funds Scope of the audit of the financial statements.

An audit involves obtaining evidence about the amounts Activities for generating funds 2 112,905 115,802 and disclosures in the financial statements sufficient to give Other incoming resources 1,440 1,080 reasonable assurance that the financial statements are free TOTAL INCOMING RESOURCES 114,345 116,882 from material misstatement, whether caused by fraud or error. This includes an assessment of: whether the accounting RESOURCES EXPENDED policies are appropriate to the Institute’s circumstances and Institute activities 3 have been consistently applied and adequately disclosed; Journal 4,560 3,146 the reasonableness of significant accounting estimates Conference 1,282 1,620 made by the United Kingdom Committee; and the overall Travelling and Meeting 2,970 4,083 CIOJ (Trade Union) 63,000 69,300 presentation of the financial statements. In addition, we read Administrative costs 36,943 34,544 all the financial and non-financial information for the Report Governance costs 4 5,000 5,000 of the Council to identify any material inconsistencies with the Total resources expended 113,755 117,693 audited financial statements and to identify any information that is apparently materially incorrect based on, or, materially inconsistent with, the knowledge acquired by us in the course NET INCOMING/(OUTGOING) RESOURCES 590 (811) of performing the audit. If we become aware of any apparent material misstatements or inconsistencies we consider the implications for our report. RECONCILIATION OF FUNDS TOTAL FUNDS BROUGHT FORWARD 71,138 71,949 Opinion on financial statements TOTAL FUNDS CARRIED FORWARD 71,728 71,138 In our opinion the financial statements: - give a true and fair view of the state of affairs of the Institute as at 31st December 2017 and of its incoming resources and application of resources, including its incoming resources and expended resources, for the year then ended; and NOTE: Full accounts, with auditors’ notes, and - have been properly prepared in accordance with United accounts for the Institute’s smaller charities may Kingdom Generally Accepted Accounting Practice. be obtained from head office.

23 The Journal - Autumn 2018 edition

The Chartered Institute of Journalists NOTE: Full accounts, with auditors’ notes, and accounts for - 2017 FUND ACCOUNTS the Institute’s smaller charities may be obtained from head office.

Orphan Fund Benevolent Fund STATEMENT OF FINANCIAL ACTIVITIES STATEMENT OF FINANCIAL ACTIVITIES FOR THE YEAR ENDED 31st DECEMBER 2017 FOR THE YEAR ENDED 31st DECEMBER 2017 2017 2016 2017 2016 £ £ £ £ INCOMING RESOURCES Income Investment Income 108,477 104,223 2* Investment income 12,598 11,975 Bank interest 4 12 Loan repayments 300 300 RESOURCES EXPENDED Other 20 - Charitable Activities 48,847 61,453 TOTAL 12,922 12,287 Unrealised gains/(losses) on Investments 162,399 167,630 NET MOVEMENT IN FUNDS 222,029 210,400 Payments Grants (6 grants (2016 = 6)) 7,240 9,449 BALANCE BROUGHT FORWARD Loans (one (2016 = 0)) 2000 - 1st JANUARY 2,666,732 2,456,332 Administrative charges 1,400 1,400 Miscellaneous & recharged Expenses 1,102 380 BALANCE CARRIED FORWARD Total 11,742 11,329 31ST DECEMBER £2,888,761 £2,666,732

INCOMING RESOURCES EXCEEDED RESOURCES EXPENDED 1,180 958 Continuing operations All income and expenditure has arisen from the continuing OTHER RECOGNIZED GAINS AND LOSSES activities. Unrealised changes in asset values 18,206 18,851 Changes in creditors - - Changes in debtors 1,700 (300) NET MOVEMENT IN FUNDS 19,906 19,509

OPENING BALANCES 304,999 285,490 NOTE: Full accounts, with auditors’ notes, and accounts for the Institute’s FUND BALANCES AT YEAR END 326,085 304,999 smaller charities may be obtained from head office.

Oak Hill & TP O’Connor Fund Pension Fund STATEMENT OF FINANCIAL ACTIVITIES STATEMENT OF FINANCIAL ACTIVITIES FOR THE YEAR ENDED 31 DECEMBER 2017 FOR THE YEAR ENDED 31 DECEMBER 2017 2017 2016 2017 2016 £ £ £ £ INCOME INCOME Investment income 8,552 7,047 Investment income 8,418 8,114 Bank interest 4 17 Bank interest 3 9 Other income - - Other 4 0 TOTAL INCOMING RESOURCES 8,556 7,064 TOTAL 8,425 8,123

PAYMENTS Grants (7 grants (2016 = 4 grants)) 1,461 2,125 PAYMENTS Administrative charges incl audit fee 900 960 2 Grants to 4 pensioners (2016: 5) 5,690 5,490 Trustees’ Expenses 170 302 3 Administrative charges 1,610 1,678 Trustees’ Expenses 0 0 TOTAL 2,531 3,387 TOTAL 7,300 7,168

INCOMING RESOURCES EXCEEDED RESOURCES EXPENDED 1,125 955 INCOMING RESOURCES EXCEEDED RESOURCES EXPENDED 6,025 3,677

OTHER RECOGNIZED GAINS AND LOSSES OTHER RECOGNIZED GAINS AND LOSSES Unrealised changes in asset values 12,692 16,666 Unrealised changes in asset values 13,929 38,551 Creditors 0 250 Less investment during the year - (25,000) NET MOVEMENT IN FUNDS 12,692 17,371 NET MOVEMENT IN FUNDS 19,954 17,228 OPENING BALANCES 242,364 224,993 OPENING BALANCES 220,845 203,617 FUND BALANCES AT YEAR END 256,180 242,364 FUND BALANCES AT YEAR END 240,799 220,845

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