Official Secrets Act Tion About the Sinking of the General OSA Also Introduced a New Offence of Belgrano, an Argentinean Warship, Dur- Secondary Disclosure

FREE Press No 157 March-April 2007 £1 Journal of the Campaign for Press and Broadcasting Freedom State interest v public interest

Ponting, who worked in the Ministry Section 2 of the 1911 OSA, complete The contradictions of of Defence, was charged under Section 2 with its splinter of hope for a public of the 1911 OSA for disclosing informa- interest defence, was removed. The 1989 the Official Secrets Act tion about the sinking of the General OSA also introduced a new offence of Belgrano, an Argentinean warship, dur- secondary disclosure. are in the media ing the Falklands War. This criminalised further dissemina- His revelations debunked a tion of material gained from unautho- spotlight again, says Government cover-up of the facts behind rised disclosures and placed the media, the incident, but prosecuting Ponting for the first time, squarely in the line of Julie-ann Davies was a high-risk strategy for Thatcher. fire. Ponting pled “not guilty” arguing that, A whistleblower could no longer wo men, David Keogh and Leo although he had committed a criminal claim they made their disclosures in the O’Connor are, at the time of writ- act, he had done so in the public interest. public interest. Moreover, the media ing, being tried under the Official He cited Section 2 of the 1911 Act which could be prosecuted for publishing, or Secrets Act (OSA) at the Old held a slim provision for such a defence. otherwise disseminating, such revela- TBailey in London. Both deny the The judge, Mr Justice McCowan, dis- tions. charges. agreed. He said: “The public interest is It was argued the lack of a public Keogh, a civil servant in the cabinet what the government of the day says it interest defence in the OSA made it office, is said to have passed a memo is.” He added that the only legal way to incompatible with the Human Rights containing details of a talk between Tony communicate information was via autho- Act. MI5 whistleblower David Shayler Blair and George Bush to O’Connor, a rised channels. relied on this discrepancy when he was political researcher. He denied Ponting a public interest prosecuted under the OSA. It is alleged that O’Connor, motivated defence and indicated that the jury His case led to a 2001 House of Lords by his opposition to the Iraq War, slipped should convict. However, despite the ruling that a “defence of necessity” the four-page memo into papers belong- direction of the judge, Ponting was should be available under the OSA. But ing to his boss, the Labour MP for acquitted of breaching the OSA. His vic- Shayler’s hopes were shattered when the Northampton South, Anthony Clarke. tory meant remedial action was necessar- Lords added this defence was not avail- The court heard that Keogh and ily to prevent more whistleblowers argu- able in his case. O’Connor hoped the document, dated 16 ing the public had a “right to know”. Continued on page 8 April 2004, would enter the public domain. But, when Clarke, who voted against the Iraq War, found the memo he contacted the police. Prosecutor David Perry QC, told the jury that the OSA exists not to prevent Governmental embarrassment but to pro- tect the interests of the state. He said: “We are not talking about what may be embarrassing, a betrayal or an act of dis- loyalty. Even in the age of mass communication, something remains sacred.” But who decides when, or if, the public interest outweighs the state interest? The most recent major overhaul of the OSA came in 1989 after several high-pro- file leaks and trials rocked the Thatcher Government. One of these cases, the 1985 trial of Clive Ponting, hinged upon the issue of the public interest. The Old Bailey: setting for Official Secrets Act trial of David Keogh and Leo O’Connor

FREE Press March-April 2007 1 2 Regulation

Key players: left to right, News corporation boss Rupert Murdoch, trade secretary Alistair Darling and Virgin boss Richard Branson A waiting game

published guidance, which clearly sets out public concern over Murdoch’s UK media The wrangle over the circumstances in which intervention will dominance. A concern expressed in the be considered.”The big guns were being letters pages of national newspapers and BSkyB’s purchase of rolled out! Now the period of consultation political magazines last November and in has ended, Darling must decide whether a Parliament, where 67 MPs signed an Early ITV shares could be Competition Commission inquiry is needed Day Motion on the subject earlier this year. on either public interest or competition Now is the time to put pressure on MPs and the beginning of the grounds. the Trade and Industry Secretary to make Sky is also under pressure from the sure the full extent of Murdoch’s media end for Murdoch, regulator in other areas. In March, Ofcom interests comes under serious public announced it was launching an scrutiny and leads to the break-up of his writes Barry White investigation into the payTV market, media empire. following complaints from a number of Writing in the Observer on 17 December, riday 27 April could be the date that media companies.Virgin Media, BT, Setanta Henry Porter in his “radical manifesto to signals the first major setback in the and Top Up TV all asked the regulator to revitalise Britain”said:“No foreign company Murdochs’relentless invasion of the investigate and consider making a “market or individual should be allowed to own a British media scene. On that day reference”under the Enterprise Act 2002. controlling interest in more than two both Ofcom and the Office of Fair Following this assessment Ofcom will national newspapers. Ownership of both a TradingF (OFT) will report to the Secretary of decide whether to make a reference to the national newspaper and a broadcasting State for Trade and Industry, Alastair Darling. Competition Commission. organisation would not be possible for such Ofcom will analyse the wider public interest The investigation came after a bitter row a person or company.Those foreigners issues of BSkyB’s November 17.9 per cent between Virgin Media (formerly NTL) and wishing to benefit from the British media acquisition of ITV shares, and the OFT is to BSkyB when, following a dispute over will only do so by paying full rates of examine the competition grounds that may carriage pricing, the satellite broadcaster income tax and establishing at least a part- arise.The secretary of state is due to pulled a range of basic channels from over time residency in the UK, thus respond by 26 May. 3.3m Virgin subscribers. It now seems likely demonstrating a stake in the affairs and Following BSkyB’s purchase of £940m that this dispute will end up in a costly future of the country.The use of a worth of ITV shares by Rupert Murdoch’s court battle in the high court as Virgin newspaper or broadcasting organizations son James, Lord Puttnam called on Media has filed legal proceedings to to threaten Government or any political politicians to question “any further challenge what it calls the “anti-competitive party with a view to gaining commercial extension of Murdoch’s tentacles. It is my behaviour”of its rival. advantage would be illegal and in some personal belief that BSkyB and therefore In the coming period Darling is likely to cases subject to criminal penalty.” Rupert Murdoch, has unquestionably be under intense pressure from Murdoch, Sound thinking for Messrs Darling and acquired ‘material influence’at ITV and this who is not known for coyness when dealing Brown to ponder. can only lead to a further and with Labour ministers.The Blair/Murdoch unprecedented erosion of plurality within connection has had a malign influence on ● The Campaign for Press and Broadcasting the British media”he said. Government policy for the past decade.The Freedom and the NUJ made a joint When Alistair Darling made his spotlight could also fall on Blair’s likely submission to Ofcom in March on the public “intervention”announcement in Parliament successor, Gordon Brown, who would not interest issues relating to BSkyB and ITV. You on 26 February, he was immediately relish a dispute with the powerful media can view a copy on the CPBF web site at: denounced by Sky, who insisted that the tycoon within weeks of taking office. www.cpbf.org.uk decision,“contradicts the Government’s Running counter to all this is intense

2 March-April 2007 FREE Press Regulation 3

● Ofcom’s Digital Dividend consultation paper can be found at: www.ofcom.org.uk/consult/condocs/ddr ● Comments from Public Voice at: Commodity or www.public-voice.org.uk ● Information about the spectrum and European policy ec.europa.eu/information_society/ policy/radio_spectrum/index_en.htm ● The CPBF’s response to Ofcom: public asset? www.cpbf.org.uk This approach is uncompromisingly campaigners met Ofcom and How the radio spelt out in Ofcom’s “Digital Dividend Government representatives – and there Review”. was a stark clash of cultures. It became spectrum is allocated Historically the radio spectrum has clear that services with immense social been controlled by various regulatory value, such as local television, disability is not just a subject bodies that have had the power to grant access services and citizen centred access to it – and, in return, to lay down broadcasting could never compete with for techie nerds, says conditions. For example, commercial the media moguls who are likely to buy ITV has been required to carry “non- up spectrum space. Patricia Holland commercial” programming, including “Do you see the radio spectrum as a current affairs and children’s pro- commodity or a public asset?” A ques- ow to allocate the radio spec- grammes. But now Ofcom state that tioner asked Keith Smith, senior civil trum may seem an obscure, tech- such regulation is “highly intrusive” servant at the DCMS, who heads the dig- nical question – but it is one that and “not fit for the modern age”. The ital switchover team. There was a long, has become a hot political topic Digital Dividend Review proposes that and rather embarrassed, pause, then a H– and those who see broadcast- the right to broadcast on the spectrum mumbled reply: “I don’t know.” ing as a public service are seeing an should be put up for auction, and access Others who are unhappy about this once in a lifetime opportunity being to each of the newly available band- situation are the terrestrial broadcaster, snatched away from them. widths should go to the highest bidder. especially the BBC, who would like to The radio spectrum is made up of In this approach, content is irrelevant, see their services on new, super-quality those invisible wavelengths which carry protection no longer appropriate. High Definition Television (HDTV) in terrestrial broadcasting around the globe Ofcom commissioned the umbrella the digital future. The problem is that – from high-definition television to organisation, Public Voice, to review the HDTV takes up lots of spectrum, and radio mikes in taxi cabs. It is a limited “civil society” aspects of the digital div- Ofcom are not prepared to reserve for resource – we all know the problem of idend. Public Voice has gathered togeth- this purpose. interference on the airwaves. er representatives from a variety of com- Under the present proposals, this will However, as UK television gradually munity media, local media, voluntary be a once-and-for-all auction. Once switches from analogue, which takes up organisations and campaigns, including space on the spectrum has been sold, its a lot of spectrum, to digital, which takes the CPBF. At their first public meeting, owners can do what they like with it. up far less, some of the high They can leave it empty, quality, high-frequency wave- develop some new, hitherto lengths will be freed up, and unthought-of of use, or trade it we will have what is described to make money out of it. They by the communications regula- will have no obligation to pro- tor Ofcom as a “digital divi- vide any sort of service that dend”. This brings the poten- will benefit the public. tial to expand many different Ofcom claims that it is fol- types of communications, lowing Government policy in including broadcasting. Ofcom going for a “market-based” are in charge – and the ques- approach to the digital divi- tion they are posing, is how to dend rather than an “interven- deal with this precious tionist” one, and that this resource. approach is Europe-wide. Ofcom, as we know, has two However, in the UK, it is faces. One, which is relatively Parliament that takes the final benign, resembles the decision and a significant Department of Culture Media number of MPs have shown and Sport (DCMS); the other concern. In Europe, the parlia- looks remarkably like the ment has rejected a one-sided steely-eyed Department of market model of spectrum Trade and Industry. The first management. looks kindly on concepts such In their responses to as public service broadcasting; Ofcom’s document, the CPBF the other sees all communica- and Public Voice have argued tions as a business opportuni- that the radio spectrum should ty. Away with namby-pamby be recognised as a public asset ideas like “public” and “serv- and protected from those who ice”. “Value” means monetary only see it as a way of making value, and market forces rule. Regulator-in-chief: Ofcom boss Ed Richards has a problem money.

FREE Press March-April 2007 3 4Reports

n the intense debate about the future of newspapers and the role of journalism in the online world there are two distinct visions on Ioffer. Visions of the The first is dire, conjured up in EPIC 2014, a heavily-promoted video which envisages The New York Times being driven out by Google, Amazon, and an army of bloggers within seven years. It is a variant of Dan Gilmour’s We The Media which argues that grassroots online age and “citizen” journalists will challenge and marginalise the traditional business model and cost structure of news- Faced by the challenge of the internet, many papers – as the former Boston Globe publisher, Ben Taylor, said, “no trucks, newspaper proprietors are panicking and no trees”. The response by desperate newspa- sacking journalists. But the picture is not per owners, under pressure from short- term, short-sighted shareholders, has entirely bleak, writes Granville Williams been to cut costs by sacking journalists, thus hastening the spiral of decline. There is a lot of evidence to support this perspective. In the USA and UK newspaper circulations are in free-fall, advertising revenue is declining, and people are losing the habit of reading print and drawing their news, information and exposure to online advertising from the web. The second, more optimistic, vision paints a different future for newspapers, where they make the transition to a hybrid form of journalism with a readership which is part print and part web. This is the strategy that newspaper groups are fervently embracing – but it has its problems. Many groups want to have it both ways: cutting back on journalists while expanding their web operations. The result of this policy is an increased On the way out? Print faces an uphill struggle for survival – but don’t write it off workload for the remaining journalists and an inevitable decline in the quality of journalism produced. An important new study gives us a Swiss trio cleared by military court revealing insight into the impact of this strategy on one UK newspaper group. By Barry White uncovered proof of secret transfers Trinity Mirror, apart from owning and prisons used by US agents in national newspapers like the Daily hree Swiss journalists accused of Europe. Mirror, The People and Sunday Mirror “violating military secrecy” have The EFJ was concerned that Swiss is also, with 232 titles, the biggest of Tbeen exonerated by a military military justice was regularly used to the local and regional newspaper court. charge civilians, especially media groups. Christoph Grenacher, editor of the workers who have critically reported The 120-page study, Turning Around Zurich-based SonntagsBlick, and two about procedures in the Swiss defense the Tanker: Implementing Trinity of his journalists, Sandro Brotz and department and in the army. Mirror’s Online Strategy, by Dr Andrew Beat Jost, were charged after The special status of the Swiss Williams and Professor Bob Franklin of publishing a leaked document that military justice system and its ability Cardiff University, is an extremely revealed the existence of secret to try civilians is unique in Europe and valuable addition to our knowledge prisons run by the CIA and the also contravenes the United Nations about what is happening in the group’s transport of CIA prisoners in Europe. Human Rights Pact, which was ratified newsrooms. But on 17 April, the court decided they by Switzerland five years ago. It would be fascinating to discover were innocent and awarded each of Several journalists have been fined how far the same evidence of manage- them 12,000 (£8,100) in up to 700 Swiss francs by military ment strategy portrayed in this report compensation. courts in recent years for critical applies to other regional newspaper Earlier the European Federation of articles they published and in 2006 a groups. Journalists Journalist’s (EFJ) journalist was sentenced to20 days in The main focus of the report is on condemned the Swiss military for jail by a military court after he Trinity Mirror’s Welsh titles. It is using legal proceedings to threaten reported on a bunker's construction sharply critical of the groups short- and intimidate journalists who weakness. sighted policy to “minimise costs while maximising revenues” as it extends its

4 March-April 2007 FREE Press Reports 5 presence from print to the web. like “turning round an oil tanker […] dramatically illustrated by coverage of The report states: “Trinity Mirror some staff will never get it, but they the shootings of Virginia Tech students faces a stark choice as it moves online. will do what they are told to do”. by Cho Seung-hui. It can continue to make cuts with an The future of journalism as media The agonising emotions surrounding eye on maintaining short-term profit converges was the hot topic at April’s the tragedy were powerfully captured margins and watch the quality of its centenary conference of the NUJ in through eyewitness accounts, photos news decline over time, or it can invest Birmingham. and videos posted, almost instanteous- in journalism with the aim of produc- One packed meeting discussed the ly, on the internet. ing quality print and digital news prod- Cardiff report, and the experiences of However, good journalism – whether ucts with a view to creating sustainable journalists at the BBC and on nationals on the printed page or online – sifts long-term profits.” like The Guardian. through the deluge of conflicting infor- The report also provides striking tes- Another newspaper sector meeting mation and provides readers with con- timony from journalists who describe gave prominence to the breakthrough text and understanding. It is no coinci- how they have been given additional deal between the NUJ and Johnston dence that the best material on the work producing online video and pod- Press, the owners of Yorkshire Post internet comes from web sites run by casts but have not received a pay Newspapers. news organisations which still have increase or proper training. The arrangement provided clear journalistic values at the core of their The report described Trinity manage- guidelines for training and increased operations. ment as “bullish” in its insistence on pay in recognition of the extra skills forcing through change against the con- and responsibilities inevitably involved ● You can access the Trinity Mirror cerns of the staff and without adequate with changing working practices at the report by going to the NUJ website: resources. Michael Hill, Trinity Mirror’s titles. www.nuj.org.uk/inner.php?docid regional head of multimedia, is quoted One issue at the heart of the debate =1664 as saying that the move to online was about journalism in the online era was

recent months such pictures Islamic extremists were influence of the Arabic satellite Islamist had often been accompanied determined to attract attention television station Al Jazeera by lurid captions. and would “use and abuse”the and the impact of the internet. When three young mothers western media to reinforce Yassin Musharbash, a journalist extremists wearing the niqab were negative images which gave on Germany’s largest political photographed in Birmingham, “an even harder time to news website Spiegel Online, ‘are using one made a two-fingered moderate forces in the Arab spent four hours a day gesture which encouraged world”. monitoring Arab websites and menacing comments. Flag burning and similar he had been struck by the media to The Daily Express called it, protests by a handful of degree to which terrorist “…an image of veiled defiance”. demonstrators carrying hostile groups hated Al Jazeera. promote The Daily Mail said it was:“…a placards and wearing veils were Al Jazeera was dubbed al- chilling insight into the minds the “artificial reality”which the khansira (the swine) by al- hatred’ of many of our young media craved; these were the Qaeda and was accused of Muslims…hungry for the images which went round the following CNN and Fox News in By Nicholas Jones harshness of Sharia law”. world. giving an American view of the Needless to say neither Farag Elkamel, dean of the world.The station had been group of journalists and newspaper acknowledged that faculty of mass communication denounced for broadcasting academics from across it was probably the provocation at Ahram Canadian University, only extracts of Osama Bin Athe Middle East have of being photographed in the Egypt, described how alarmist Laden’s tapes; on one occasion given their support to calls for a street without their permission news stories about women Al Jazeera transmitted only four greater awareness about the which prompted the women’s wearing headscarves illustrated minutes of an 80-minute tape. way Islamic fundamentalists defiant attitude. a wider failure to understand Maha Taki, of the University have begun to manipulate the I pointed out that given the the Muslim world: the western of Westminster, outlined the European news media. news media’s appetite for media portrayed the hijab as an findings of her study into the Radical Muslims were said to negative images it was Islamic symbol when in fact it growth of websites in Lebanon, have become adept as noticeable how some of was often a reflection of socio- Syria and Jordan.While Arab exploiting the demand for Britain’s leading Muslim economic factors and had weblogs were still a marginal repressive and often violent politicians had realised that the nothing to do with religion as activity, they gave a unique images which only created fear slightest provocation from such. glimpse into the struggles of a in host communities and within their own communities “Most Egyptian women who predominantly young elite. harmed the moderate Arab could be perceived by some cover their heads do so Many new blogs were majority. newspapers as a threat, because of social, not religious created during the 2006 “Does the western media triggering further hostile demands, and because many of Lebanon war and Israel understand the Islamic world?” coverage. them could not afford more responded by training young was the question posed at a Nevertheless despite fashionable clothes or have diplomats to become cyber workshop held in Lugano by appeals for restraint, Muslim their hair done regularly. Many soldiers and tasking them with the European Journalism fundamentalists had continued were recent migrants from the adding aggressive comments Observatory and the Swiss to promote demands that countryside where this is a to the sites. School of Journalism. schoolgirls and female teachers normal dress code or were Maha Taki believed this In my own presentation I should be allowed to wear the influenced by the dress codes showed how seriously the explained how the portrayal of niqab in class. in Arabian Gulf cultures where Israeli Government viewed the women wearing the veil was Kai Hafez, head of media and millions of Egyptians worked power of Arab weblogs and used by some British communication at the over the last few decades”. their ability to challenge the newspapers to generate an University of Erfurt, Germany, Other debates at the supremacy of the established atmosphere of suspicion. In urged journalists to realise workshop focused on the news media.

FREE Press March-April 2007 5 6News

months to decide what to do.Tony Blair is expected to leave office at the end of June. Signs of Last year the Government announced it intended to make two changes to the fees regulations under the Freedom of Information Act, cabinet making it significantly easier for requests to be refused on cost grounds. In December it consulted about draft regulations to implement these changes.The consultation was limited U-turn to technical questions about the fine- tuning of the proposals. It did not ask whether they were needed at all. Today’s decision means the Government is now considering, and on FoI... seeking views on, this key issue. In its response to the previous Gordon Brown:‘unlikely to neuter act’ consultation, the Campaign for By Barry White Freedom of Information expressed its the proposals was launched when the “serious concern not only about the Government originally announced its he Campaign for Freedom of proposals themselves, but also about intention to neuter, the Act. Over 1,250 Information and other campaigners the way in which they have been journalists signed Press Gazette’s Don’t Thave welcomed a recent developed. Neither requesters nor Kill FOI petition, which it has announcement, which suggests that the public bodies have been asked about relaunched in response to this second Government is no longer committed to their experiences of the legislation, consultation. introducing major restrictions to the about any problems they may have A review commissioned by the Freedom of Information Act. Instead it encountered, whether any changes to Government last year showed that the has announced a further consultation, address them are necessary and, if so, total annual costs of the FOI Act, across asking whether changes to the Act are what these might be… The absence of the whole public sector, are £35.5m. It needed at all. public involvement or consultation on estimated that the proposed changes Maurice Frankel, director of the the wider issues is not merely would save up to £10m, but allow up to Campaign for Freedom of Information, procedurally unfair; it has distorted the 17,500 requests, which are currently said:“This raises the strong possibility exercise itself.” answered, to be refused on cost that the Government will eventually A massive campaign of opposition to grounds. decide to leave the current arrangements untouched. If it does decide to make any changes they are likely to be far more limited than the highly damaging restrictions which had ...but the battle goes on been proposed.” He added:“The decision will now be deferred until after Tony Blair stands By Barry White which may have included down. It is extremely unlikely that correspondence written on behalf of Gordon Brown, who is promising to espite the backing of senior constituents. ‘renew’ the Government, would Government ministers, including But according to a letter sent to MPs attempt to do so by neutering the FOI DCulture Secretary Tessa Jowell, and by the Campaign for Freedom of Act in the way that had been Tom McNulty (Home Office) the Information, if correspondence proposed.” controversial bill to exempt Parliament containing personal data about The new consultation period runs from the Freedom of Information Act identifiable constituents was released until 21 June and the Government says was not debated in the Commons on 27 then this information was already it may take up to a further three April. exempt under a section of the Act which The bill had already been “talked out” prohibits disclosures that breach the ● The Campaign for Freedom of by a cross-party coalition of Labour, Data Protection Act. Information’s response to the previous Conservatives, Liberal Democrats and The main MPs who first blocked the consultation can be read at: Nationalists a week previously. But, as if bill were two Liberal Democrats, Simon www.cfoi.org.uk/pdf/CFOI_fees_ by magic, the bill had re-appeared for an Hughes and Norman Baker; Richard response.pdf early debate on the 27th. Shepherd, a Conservative MP with a long It is unusual for private members’ bills record promoting freedom of ● The new consultation document to make such a rapid return to the information issues; and Labour MP issued by the Department for chamber. But on the 26 April, the night David Winnick.They were also central to Constitutional Affairs today can be before it was due to be discussed, it was stopping the bill’s progress on 27 April. found at: www.dca.gov.uk/consult/ withdrawn from the order paper by the Ministers known to support the bill dpr2007/cp2806.htm sponsor, David Maclean. It has been include Andy Burnham (Health), John rescheduled for discussion on Friday 18 Healey (Treasury), Ian Pearson ● The DCA press release on the new May. (Environment) and Keith Hill, consultation can be found at: The bill, promoted by the former parliamentary private secretary to Tony www.gnn.gov.uk/environment/ conservative chief whip, is partly a Blair. fullDetail.asp?ReleaseID=275094& reaction to the fact that, while In the meantime we need to keep up NewsAreaID=2&NavigatedFrom responding to FOI requests, some the pressure on MPs to make sure the Department=True authorities have released bill is defeated when it returns to the correspondence sent to them by MPs, Commons.

6 March-April 2007 FREE Press Reviews 7 New threat to The truth is out there media freedom YOUR RIGHT TO KNOW: struggling to pierce through suffocating By Barry White A CITIZEN'S GUIDE TO secrecy. But, sometimes, making an THE FREEDOM OF application can be confusing. At such The right to report comes under INFORMATION ACT moments a copy of Your Right to Know further pressure following the Heather Brooke is your salvation. Government’s recent announcement Pluto Press £13.99 Heather Brooke guides readers of a review of the Police and Criminal through each stage of making an appli- Evidence Act. cation. The book provides clear guid- The review, currently being ance on who to contact for what type of undertaken by the Home Office, could information. give the police new powers to seize Addresses, contact details and other journalistic material. Currently their By Julie-ann Davies relevant information are provided for powers to seize such material are each body listed. The appendix con- limited. hen the Freedom of Information tains model letters for requesting infor- The consultative document Act (FOIA) came into effect on 1 mation and appealing refusals to suggests the part of the law giving WJanuary 2005 there was a great release information. journalistic material special deal of discussion about how the media The complex issue of what informa- protection may need to be “updated” would use the Act. tion is exempt from the FOIA is dealt “to meet the 21st (century) challenges The FOIA means individuals and with in an understandable fashion. The in tackling crime.” organisations from all over the world book benefits from a companion web- At the moment, if they wish to can request previously undisclosed site which is constantly updated with obtain journalistic material, the police information from British public author- information and advice. must apply to a senior judge and ities and some private bodies. The passing of the Freedom of prove it relates to a serious arrestable The Act covers over 100,000 authori- Information Act was a step towards offence. ties at all levels – from dentists to establishing a more accountable They also have to show they have Parliament. It is a valuable addition to Government. But, as recent events have tried all other methods of obtaining it. an investigative journalist's workbox. shown, some voices are already calling Journalists have the right to argue But, the true beauty of the Act is that it for the powers of the Act to be diluted. against the order. can, and should, be used by anybody Your Right to Know is a lively, At the end of March the Northern and everybody. informative and empowering handbook Ireland version of PACE was amended As Heather Brooke writes: “Contrary written for anyone who has ever used, giving the police increased powers to to expectation, FOI was not used solely or may ever use, the Act. The FOIA was take and withhold documents. by journalists in the early years, though a small but seismic shift in the balance The closing date for responses to they were first off the mark… Very of power between the Government and the Home Office review being quickly citizens took over to become the public. undertaken by Tony McNulty the the main users of the Act.” As Heather Brooke says, it is up to us Counter-Terror Minister, is 31 May. The FOIA is a useful tool for those to “use it or lose it”. Labour’s missed opportunities

LABOUR AND THE ties agreed the Act amounted to a “sig- ers concerned with getting Labour a PRESS: FROM NEW nificant deregulation” of the rules on voice in the national newspaper mar- LEFT TO NEW LABOUR newspaper mergers. ket. Sean Tunney From the late 1980s the Labour lead- A succession of electoral defeats Sussex Academic Press ership increasingly sought better press (1979-1992) and the accommodation of £17.95 representation at the expense of poli- the Labour and trade union leader- cies designed to promote diversity in ships with the neo-liberalism of the the industry. Jowell’s understanding Thatcher years, left progressive poli- with News Corporation was a natural cies on ownership, diversity and right outcome of this process. Sean Tunney’s of reply behind. account of shifts in Labour policy on This book is a record of failure, By Tom O’Malley the press since the early 1970s places despite tremendous efforts of analysis, New Labour’s current position firmly time and imagination by reformers, to uring the passage of the 2003 in its medium-term historical context. democratise mass communications. Communications Act, senior News Tunney details the emergence, in the Yet it is also an account of the com- DCorporation employees met six 1970s, of pressures from trade unions plexities of trying to change press poli- times with Government officials. and party members for reform of press cy and a rich record of the proposals The secretary of state, Tessa Jowell ownership and control. These culmi- devised to improve the media. To influ- dutifully assured them “there was no nated in the radical proposals of the ence the future we need to understand intention” that a proposed public 1974 discussion document, The People our past. Labour and the Press pro- interest clause in the Act obliging min- and the Media, elements of which vides readers with an indispensable isters to maintain plurality when con- influenced the 1983 election manifesto. aid to understanding and a platform sidering newspaper takeovers, “could Differences existed between those who for reflection on future strategies for be used to block a takeover”. The par- wanted to promote diversity and oth- change.

FREE Press March-April 2007 7 8News Official secrets From page 1 Journalist freed after seven months in jail This precedent, sometimes referred to By Julie-ann Davies offered, on more than one occasion, to as the defence of “duress of circum- show the tape to a judge – but was stance” was the first time such a defence n American reporter was released always refused. had been clearly established in law and from a federal detention facility in His release was finally secured when was considered by many to be a land- ACalifornia on 23 April. Joshua Wolf a deal was brokered with the mark ruling. had served 226 days in jail. His authorities and the footage was posted However, it is now believed the cur- sentence was the longest served by a on Wolf’s website. As he had rent Government wishes to restrict, or journalist for refusing to hand over consistently maintained, the recording remove totally, access to this new – and information in US history. contained no evidence of criminality. as yet untried – defence. Wolf, an independent journalist and Martin Garbus,Wolf’s lawyer, told Last week, Sir Nigel Sheinwald, Blair’s filmmaker was incarcerated in July the BBC:“Josh has released the foreign policy advisor, gave evidence at 2006. Despite being served with a videotape on his website and a copy the trial of Keogh and O’Connor. He told subpoena he refused to surrender his has been sent to the district attorney. the jury that conversations between footage of the 2005 San Francisco rally He had refused to identify anyone in political leaders must remain confiden- against the G8 Summit which was being the videotape.” tial – even if their content was immoral held in Scotland. Throughout his imprisonment Wolf or illegal. A police officer suffered a fractured voiced the concern that his case was The contents of the Bush-Blair memo skull during the protest and a car was merely a “fishing expedition” designed have not been discussed in open court. set alight.Wolf’s website states that he to identify activists. Certain parts of the trial are held “in camera” and the media are asked to leave. Justice McCowan’s ruling during the Advance Notice Ponting trial indicated that it is for the Government to decide what should be kept secret and what the electorate can be permitted to know. The existence and protection of a pub- CPBF AGM lic interest defence in the Official Secrets Act does not represent a threat to public 10am Saturday 14 July 2007 or national security. It represents a healthy and positive check and balance The formal AGM business will be followed by a on power. panel-led discussion on ‘Unravelling Convergence’ (to 1pm) A public interest defence allows a court to decide, based on the merits of National Union of Journalists HQ each case, whether state secrecy is out- 308 Gray’s Inn Road, London WC1X 8DP weighed by the public’s right to scruti- nise the actions of their Government. Registration from 9.30am The case of Keogh and O’Connor con- tinues. Free Press is edited by Julie-ann Davies on behalf of the National Council

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