A Free and Accountable Media Reform of Press Self-Regulation: Report and Recommendations

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A Free and Accountable Media Reform of Press Self-Regulation: Report and Recommendations A Free and Accountable Media Reform of press self-regulation: report and recommendations Media Standards Trust Submission to the Leveson Inquiry The Press Review Group June 2012 Contents Foreword.......................................................................................................................... 2 Executive.Summary......................................................................................................... 5 Structure.of.the.report.................................................................................................... 8 PART.1:.Historical.context............................................................................................... 9 A repetitive cycle: failures in the reform of self-regulation since 1949 ............................... 10 A brief history of press self-regulation .............................................................................. 12 PART.2:.What.was.wrong.with.the.previous.system?................................................ 23 The problems reform needs to address ............................................................................. 24 What was wrong with the PCC? ...................................................................................... 27 PART.3:.Will.any.of.the.proposals.on.the.table.work?............................................... 33 Why voluntary self-regulation underpinned by commercial contracts is not sufficient ....... 35 Why incentives on their own are not enough ................................................................... 39 PART.4:.A.‘new.system.entirely’................................................................................... 51 PART.5:.A.public.interest.defence.in.law..................................................................... 81 Appendix.I:.Press.self-regulation.recommendations.grid........................................... 91 Appendix.II:.Funding.the.new.system.......................................................................... 97 1 A Free and Accountable Media Foreword The purpose of this report This report makes recommendations for a new framework of news media self-regulation. The recommendations are aimed at protecting free expression and a free press, enhancing the protection of good journalism in the public interest, addressing the problems revealed prior to and during the Leveson Inquiry, and better protecting the public. The report also evaluates some of the other proposals made for reform, and analyses the extent to which these proposals will deal with the problems revealed by the phone hacking scandal. The report was first submitted to the Leveson Inquiry prior to being published separately. The report has been written in consultation with an advisory group of seven people, each of whom has extensive experience of the media. Each member of the group is acting in a personal capacity. Authors Dr.Martin.Moore,.Director,.Media.Standards.Trust Martin Moore is the founding director of the Media Standards Trust. He has worked in the media for the last 15 years, with the BBC, IPC Media, Trinity Mirror, Channel 4 and others. He has a doctorate from the LSE and is the author of The Origins of Modern Spin (2006: Palgrave Macmillan). Dr.Gordon.Neil.Ramsay,.Research.Fellow,.Media.Standards.Trust Gordon Neil Ramsay is a Research Fellow at the Media Standards Trust. He holds a PhD in Political Communication, and has seven years’ experience of researching media content and history, and the role of news and journalism in democracy. He has previously worked on similar projects at Cardiff University (funded by the BBC Trust), and the University of Westminster (funded by the Leverhulme Trust) 2 Members of review group (in alphabetical order) Professor.Steven.Barnett Steven Barnett is Professor of Communications at the University of Westminster. He acted as specialist adviser to the House of Lords select committee on Communications for its 2011-12 inquiry into Investigative Journalism and for its 2007-8 inquiry into News and Media Ownership. He is on the Editorial and Management Boards of the British Journalism Review. His most recent book The Rise and Fall of Television Journalism was published in November 2011 by Bloomsbury Academic. Martin.Dickson Martin Dickson has been Deputy Editor of the Financial Times for six and a half years. A career journalist, he started at Reuters news agency and joined the FT to cover foreign affairs before switching to finance. His FT positions have included New York bureau chief, Financial Editor, and Lombard columnist. He was a member of the Media Standards Trust’s 2009 independent review of press accountability, which led the way in calling for PCC reform. Carolyn.Fairbairn Carolyn Fairbairn has been strategy director of both the BBC and ITV, and was also a partner at McKinsey where she specialised in media. From 2008-11 she was a non-executive director of the Financial Services Authority with a particular focus on conduct regulation. She is currently a non-executive director of Lloyds Banking Group and VITEC Group PLC, and a trustee of Marie Curie Cancer Care. Richard.Hooper Richard Hooper CBE was the founding deputy chairman of Ofcom and the first chairman of Ofcom’s Content Board responsible for regulating harm & offence, accuracy & impartiality, fairness & privacy across radio and television. He chaired the independent review of the Royal Mail for Peter Mandelson and for Vince Cable. He is currently leading the Digital Copyright Exchange Feasibility Study for Vince Cable, making copyright licensing fit for purpose for the digital age. Professor.Stewart.Purvis Stewart Purvis CBE, is Professor of Television Journalism at City University London. He was formerly Chief Executive and Editor-in-Chief of ITN, President of EuroNews, and Ofcom Partner for Content and Standards. Anthony.Salz.(Chair) Anthony Salz is an Executive Vice-Chairman of Rothschild. He joined Rothschild in 2006 after more than 30 years as a corporate lawyer with Freshfields. He was Vice Chairman of the BBC from 2004 to 2006. He is on the Board of the Department for Education and is a Trustee of, inter alia, the Scott Trust, the Media Standards Trust and the Paul Hamlyn Foundation. He chaired an Independent Commission on Youth Crime and Antisocial Behaviour which reported in 2010. David.Yelland David Yelland is a Partner at Brunswick Group LLP. He began his journalism career as a graduate trainee at Pearson’s Westminster Press group, working on regional newspapers including the Northern Echo, where he was industrial editor. He spent 14 years working for Rupert Murdoch’s News Corporation as a business editor, deputy editor of the New York Post and, from 1998 to 2003, Editor of The Sun. He later attended the Harvard Business School and was an Executive Vice President of News Corp in New York, working in the Office of the Chairman. 3 A Free and Accountable Media “The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers and be capable of reading them.” Thomas Jefferson to Edward Carrington, January 16th 1787 “I would never have thought that private information would have been obtained and used by the press in the way it has been. I certainly never would have thought that ordinary or vulnerable people like us would have been subject to phone hacking and that a newspaper would have accessed Milly’s voicemails during the time that she was missing and we were desperately trying to find out what had happened to her” Sally and Bob Dowler, Witness Statement to the Leveson Inquiry, 2011 4 Executive Summary This is, undoubtedly, a significant moment in the history of the British press. Though right now it is far from clear whether it will be seen as the postscript of one era, or a bridge to the next. For this, much relies on the determinations of the Leveson Inquiry. We believe Lord Justice Leveson has a narrow window of opportunity to act effectively. The experience of the last sixty years suggests that moments like this pass quickly. The political will dissipates, and within months media and politics return to ‘business as usual’. At the same time no action should be taken in haste. Laws made quickly in response to shocking revelations tend to have unforeseen and often negative repercussions. In addition to this, the free press is a special case. It is not like the law, finance or medicine. We rely on the news media to tell us what the State is doing in our name. We need it to be free to do that without any direction or constraint from the State. In that way we expect it to play a semi-constitutional role. Unfortunately parts of the press have abused that role and abused their power. They have corrupted areas of public life and distorted the democratic process. Perhaps most shockingly, they have betrayed ordinary people in vulnerable situations, people on whose behalf they claimed to be speaking. The Inquiry has to recommend ways to prevent such abuse of power, without jeopardising the unwritten constitutional position and independence of the press. These two principles inform all of this report. There is no question that the task is a hard one. It is one that has been deliberately ducked by more than one administration in the past. But the Inquiry is in a different position to its predecessors.
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