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SPRING 2011 Thejservingournal Professional Journalism Since 1912 the Mosley Case: One Cheer for the ECHR

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SPRING 2011 Thejservingournal Professional Journalism Since 1912 the Mosley Case: One Cheer for the ECHR Magazine of the Chartered Institute of Journalists SPRING 2011 TheJServingournal professional journalism since 1912 The Mosley case: one cheer for the ECHR By Charlie Harris had to retract a claim that the orgy had explaining that: “The public interest CIoJ Vice-President Nazi overtones, which had added to includes, but is not confined to: detecting very journalist must have breathed Mosley’s embarrassment given that his or exposing crime or serious impropriety; a sigh of relief - if not let out a cheer late father – the sometime Conservative, protecting public health and safety, [and] E- to hear that Max Mosley had lost then Labour, MP Sir Oswald – had preventing the public from being misled his bid to have a “prior notification” founded and led the British Union of by an action or statement of an individual clause added to the European Convention Fascists in the 1930s. or organisation”. of Human Rights. But the High Court awarded him But it warns: “Whenever the public But one cheer would have been £60,000 damages after ruling the paper interest is invoked, the PCC will require enough, for this was not a case to win had invaded his right to privacy by editors to demonstrate fully that they widespread support for the press in its reporting on his sex life. reasonably believed that publication, defence of the right to report. Even some or journalistic activity undertaken with hardened hacks would surely admit, Public interest a view to publication, would be in the albeit grudgingly, that Mosley had a The case boiled down to the difference public interest.” right to feel aggrieved. between “of interest to the public” and There is no doubt that Max Mosley’s The exposure of Max Mosley’s bizarre “in the public interest”, a distinction sexual proclivities were of interest to the sex life is hardly an appropriate cause to recognised by the Press Complaints public, but was exposing them in “the be emblazoned on banners flying over Commission (PCC) in the Editors’ Code public interest”? Even those of us who the crusade for press freedom. of Practice. got a guilty frisson reading the NoW The ex Formula One boss had gone The code includes a public interest to Strasbourg after he failed to persuade exemption to several if its clauses, continued on page a House of Commons committee to support his view that newspapers should be forced to warn people if they were planning to expose their private lives. It’s time to end libel In a 40-page ruling rejecting Mosley’s case, the ECHR warned that prior notification would have a “chilling effect” on press freedom. bullying of journalists Mosley’s aim in bringing his case was to give those being exposed in the By Amanda Brodie media plenty of time to seek injunctions Chairman, Professional Practices Board firmly committed to reform of the law on blocking publication. Had he succeeded he Government has unveiled defamation. We want to ensure the right he would have put an end to “ambush substantial changes to the law balance is achieved, so that people who reporting” – the practice of only telling Tof libel, which, if adopted, will have been defamed are able to take action one’s subject of the intention to publish be a welcome boost for investigative to protect their reputation, and that free at the very last minute, if at all. journalism and freedom of speech. speech is not unjustifiably impeded.” Max Mosley is motivated by the The draft Defamation Bill, now at the Unveiling the draft Defamation Bill, embarrassment he suffered when, consultation stage, aims to put an end Justice Secretary Kenneth Clarke said: in March 2008, the News of the World to the libel bullying of journalists and “The right to speak freely and debate reported that he had taken part in a sado- to call a halt to “libel tourism”, which issues without fear of censure is a vital masochistic orgy in a Chelsea “torture the Deputy Prime Minister, Nick Clegg, cornerstone of a democratic society. In chamber”, with five woman whom he says has made Britain “an international recent years though, the increased threat had paid for their services. A video was laughing stock”. of costly libel actions has begun to have posted on the paper’s website. A spokesman for the Ministry of The story was true, although the NoW Justice told the CIoJ: “The government is continued on page Editor’s Comment Andy Smith Editor The Media and the Monarchy: A Personal View midst the gloom of “austerity Things came to a head in the evening Britain” the wedding of Prince with a special Royal Wedding edition of AWilliam and Catherine Middleton Newsnight in which Kirsty Wark posed has given the nation a much-needed boost. a series of crass and irrelevant questions Will and Kate are a hugely popular couple, to her guest interviewees, one of whom and the wedding day itself provided was the much overrated writer Will Self irrefutable evidence that pageantry and who trotted out the unofficial BBC line, ceremony are what Britain does best. i.e. that the Royal Wedding was merely a However, I cannot be alone in thinking stage-managed way for the old aristocracy Assistant Editors: Stuart Millson that certain sections of the media were to trick the British people into accepting a Amanda Brodie determined to torpedo the royal wedding continuation of the monarchy! Again it was Production Editor: Dominic Cooper from the outset. Week after week of left to Simon Schama, with no political axe seemingly endless sniping at the royals, to grind, to point out what utter tosh these and a strong undercurrent of anti- conspiracy theories are! monarchist sentiment – not just at the What was not mentioned in this In this issue: overtly republican end of the media but programme, and is never mentioned when also in some of the more right-leaning parts Mr Self appears on the BBC, is that he is Institute man launches new title P5 of the press – cast something of a shadow a prominent member of the campaign over the Royal engagement, right up to the group Republic which seeks an end to the Courting publicity P7 wedding day. British monarchy. In fact the membership Health... and journalism? P7 Nowhere was this mean-spirited anti- of Republic reads like a roll-call of the Hungary battles over media law P8 royalism more prevalent than at the BBC’s favourite interviewees. In addition BBC, which for months has been giving to Will Self they include anti-monarchist From the President’s desk P9 republican commentators and guest writers such as Benjamin Zephaniah, Polly Turning back the clock P10-11 interviewees the opportunity to make a Toynbee, Francis Wheen and Marcelle stream of snide remarks about the British d’Argy Smith, comedians Jo Brand and Paywalls P12 monarchy. Even on the big day, against a Mark Steel, gay rights campaigner Peter Outsource overseas at your peril! P13 backdrop of jubilant flag-waving crowds Tatchell, professional atheist Richard Journalism and education P14-15 thronging the streets of Westminster – more Dawkins, film-makers Mike Leigh and than a million people according to police Ken Loach, and left-wing lawyers Michael estimates – I got the distinct impression Mansfield and Geoffrey Robertson. that most of the BBC’s presenters were in In my view, it is high time these closet Regular items: a state of denial, refusing to accept that republicans were “outed”. This country what they were seeing with their own eyes is both a parliamentary democracy and a Freelance news P16 was a genuine outpouring of support and monarchy. The two go together – and have International news P17-19 enthusiasm for Britain’s Royal Family. done for hundreds of years. If certain public Bookshelf P20 Instead, the BBC cynics preferred to figures, celebrities and commentators were suggest that the hundreds of thousands dedicated to overthrowing parliamentary of people swarming across the royal parks democracy, there would be uproar if and teeming down the Mall to Buckingham they were given a platform for their anti- Palace were simply there “for a good day democratic views on the BBC. Yet the The views contained in The Journal are those of out” – in other words, that the Royal BBC appears willing to give a platform the Editor and contributors and do not necessarily Wedding itself didn’t matter, and that it was to republicans (both overt and covert) reflect the views or policy of the Chartered Institute just an excuse for a knees-up. Throughout and, indeed, one can discern behind of Journalists. All rights reserved. © CIoJ 2011 29 April, in the BBC’s coverage of the the Corporation’s policy a distinct anti- day’s events, it was left to the historian monarchist agenda. This cannot be right. Simon Schama and just a handful of other Opposition to democracy and opposition broadcasters making guest appearances to to monarchy are two sides of the same “tell it like it is” rather than choosing, as coin, and for the nation’s public service so many of the Corporation’s journalists broadcaster to promote republican views and commentators did, to see the public should be unacceptable. Responsible TheJournal celebration through a cloud of BBC journalists, both inside and outside the ISSN 1361-7656 cynicism and instinctive anti-monarchism. BBC, should have no truck with it. News or views intended for publication should be sent to: The Chartered Institute of Journalists Renew your CIoJ subscription today 2 Dock Offices, Surrey Quays Road, n the past couple of weeks, subscription reminders have been sent to members due to London SE16 2XU Irenew their membership of the Institute.
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