How do we stop a new press regulator "going native"?

Lessons from the failings of the PCC.

If there was any question left that the British media establishment has failed to grasp the enormity of the issues raised by the hacking scandal this should have been dispelled by Presbof’s comprehensive plan for a new regulator.

There are some massive changes proposed in the new document which, if Presbof is allowed to proceed with them, will have huge ramifications for all professional journalists in the UK.

It now remains to be seen whether Lord Justice Leveson can be persuaded that the poachers really can turn gamekeepers and whether those who were ultimately responsible for the failings of the PCC are the right people to come up with a new system.

My view is that the document goes some way to addressing the failings of the PCC – particularly with its new powers to investigate major failings and ensure the industry learns the lessons of disasters like phone-hacking and the reporting of the McCann and Jefferies cases.

But there are also some  flaws in their proposals.

The document has come about as a result of private meetings between an elite group of individuals – namely the major press owners. There has been no public consultation and no effort event to canvas the views of ordinary journalists. Presbof clearly believes that he who pays the piper calls the tune – the owners are prepared to fund the £2.25m running costs of the new regulator and the no-doubt enormous set-up costs without seeking help from the State. But I doubt whether Leveson will wear a new system which remains pretty well controlled by the press owners.

The regulator’s board would comprise two public appointees, an “independent” chair and two Presbof appointees. The owners would also control the code committee by appointing the majority of editors to it and they would appoint five of the 13-member adjudications panel.

With such a large number of appointees to the regulator controlled by the owners and drawn from a small pool of elite journalists, is the new regulator really going to be able to ensure it doesn’t “go native” as has apparently been the case with the PCC?

The new regulator proposes retaining the existing PCC system for dealing with complaints – with the major sanction remaining the publication of a critical adjudication. The document does not state whether front page mistakes should now warrant front-page apologies. But I suspect for this aspect of the plan to fly that will have to be the case.

In cases of extreme wrongdoing the new regulator will be able to commission independent three-person inquiries comprising an industry representative and two independent figures. The strict terms of the contract that members of the body will sign up to should ensure compliance with these inquiries. The strictest censure will be a fine of up to one per cent of turnover to a maximum of £1m.

This detail must betray the fact that the likes of Telegraph Media Group and Associated Newspapers call the shots at Presbof. Why should massive publishers be insulated from the one per cent rule by virtue of the £1m maximum? £1m legal cases are not unusual for the big Fleet Street players.

It doesn’t seem to have occurred to Presbof that the views of ordinary journalists on the shop floor need to be incorporated into their thinking. To his credit PCC chairman Lord Hunt, whose proposals are subtly different, has suggested that they should via some sort of whistleblowers’ system.

At the heart of the hacking scandal, the treatment of the McCanns and the Jefferies case were systematic failings in the industry which go right to the top. At the News of the World there was a clearly a culture of ‘get the story at whatever the cost’ which emanated from Rupert Murdoch down through the senior executives to editors and journalists on the ground.

If Fleet Street is to change its culture, and place ethics above profits and scoops, the owners need to open up this process and accept that everyone in this country has a stake in the success of the press and the maintenance of journalistic standards – not just those who bank the profits. They do this to an extent via the public appointees but I’d argue that a broader range of industry voices needs to be heard as well.

The most dramatic changes proposed by Presbof are to lock publishers into the new system by controlling access to press cards, PA and major advertising. This solves the Desmond question while allowing mavericks like Private Eye to go their own way.

What follows now will be a high stakes game of poker. Presbof has shown its hand. Leveson cannot ignore the huge amount of work and thought that has gone into this offer of reform from the industry. But neither can he ignore the many other voices he has heard over the course of his huge inquiry. There is nothing in the Presbof proposals, for instance, to tackle the widespread concerns about allegations Rupert Murdoch has traded media power for political influence.

It will be fascinating to see how this all plays out in October when Lord Justice Leveson puts forward his proposals and Parliament is then left holding the casting vote.

This article originally appeared in Press Gazette.

Photograph: Getty Images

Dominic Ponsford is editor of Press Gazette

Photo: Getty
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The New Statesman 2016 local and devolved elections liveblog

Results and analysis from elections across the United Kingdom. 

Welcome to the New Statesman's elections liveblog. Results will be coming in from the devolved legislatures in Scotland and Wales, local elections in England, and the mayoral contests in London, Salford, Bristol and Liverpool. Hit refresh for updates!

23:32: The first Labour gain of the night, as a Liberal Democrat councilor in Stockport defects. 

23:30: Labour sources are gloomy about their chances of holding onto Exeter Council, where Ben Bradshaw is the party's only remaining MP in the South West. Looks like it will slip into no overall control. Party is also nervous about holding Derby. 

23:25: Tory mole in Wales tells me that things look bad for them - potentially worse than the losses shown in YouGov's poll. The election has become "a referendum on steel", apparently. 

23:20: Early results from Sunderland show Labour doing fairly badly (you know, for Sunderland) and Ukip doing very well. But one swallow doesn't make a summer and we need more data before we know anything. 

23:15: We should get our first result from Scotland in 45 minutes or so. Rutherglen, Labour-held since the Scottish Parliament's creation in 1999, and highly likely to go to the SNP. 

23:13: And what the results mean so far, according to ace numbercruncher Matt Singh:

23:07: Those numbers from Sunderland, where Labour have held in St Anne's ward. Labour down 15 points on 2012, when these seats were last fought, Tories down 3. It's Ukip who are making the headway (they didn't stand last time and expect them do post performances like this throughout the United Kingdom tonight and as results roll in over the weekend). 

23:04: Back to Wales - YouGov's poll "looks about right" according to my Plaid Cymru source. What does that mean? Labour could go it alone and do deals on a vote-by-vote basis - they govern alone now with just 30 seats. If the poll is even a little out - let's say either Labour or the Liberal Democrats get one more seat - they might do a deal if they can get a majority with the Welsh Liberal Democrats. 

23:01: Pallion Ward in Sunderland is the first to declare, and it's a Labour hold! More on percentages as I get them. 

22:58: Why isn't it an exit poll, I hear you ask? Well, an exit poll measures swing - not vote share, but the change from one election to the next. People are asked how they've voted as they leave polling stations. This is then projected to form a national picture. Tonight's two polls are just regular polls taken on the day of the election. 

22:57: The Sun's poll - again, not an exit poll, I'm not kidding around here - of Scotland has the SNP winning by a landslide. (I know, I'm as shocked as all of you) But more importantly, it shows the Conservatives beating Labour into second place. The Tories believe they may hold onto Ettrick as well. 

22:55: What news from Scotland? Labour looks to have been wiped out in Glasgow. Liberal Democrats think they might hold at least one of Orkney or Shetland, while the seats in Edinburgh are anyone's game. 

22:52: Hearing that turnout is low in Waltham Forest, Lewisham, Hackney and my birthplace of Tower Hamlets (the borough's best export unless you count Dizzie Rascal, Tinchy Stryder or Harry Redknapp, that's me). Bad news for Labour unless turnout is similarly low in the Tory-friendly outer boroughs. 

22:47: YouGov have done a poll (note: not an exit poll, it should not be taken as seriously as an exit poll and if you call it an exit poll I swear to god I will find you and kill you) of the Welsh Assembly. Scores on the door:

Labour 27

Plaid Cymru 12 

Conservatives 11

Ukip 8

Liberal Democrat 2

There are 60 seats in the Assembly, so you need 30 seats for a majority of one. 

22:40: In case you're wondering, how would closing a seven point deficit to say, six, compare to previous Labour oppositions, I've done some number-crunching. In 1984, Neil Kinnock's Labour turned a Tory lead of 15 per cent at the general election to a Conservative lead of just one per cent. In 1988, one of 12 per cent went down to one per cent. (He did, of course, go on to lose in both the 1987 and 1992 elections). In 1993, John Smith's Labour party turned a deficit of eight points at the general to a Labour lead of eight points in the local elections. William Hague turned a Labour lead of 13 points to one of just six in 1998, while Iain Duncan Smith got a Tory lead of just one point - from a Labour lead of nine. In 2006, new Tory leader David Cameron turned a 3 point Labour lead to a 13 point Tory one. Ed Miliband - remember him? - got from a Tory lead of seven points to a two point Labour one. 

22:35: John McDonnell is setting out what would be a good night as far as the party leadership is concerned - any improvement on the 2015 defeat, when the party trailed by close to seven points. Corbyn's critics say he needs to make around 400 gains.

I've written about what would be good at length before, but here's an extract:

"Instead of worrying overmuch about numbers, worry about places. Although winning seats and taking control of councils is not a guarantee of winning control of the parliamentary seat – look at Harlow, Nuneaton, and Ipswich, all of which have Labour representation at a local level but send a Conservative MP to Westminster – good performances, both in terms of increasing votes and seats, are a positive sign. So look at how Labour does in its own marginals and in places that are Conservative at a Westminster level, rather than worrying about an exact figure either way."

22:31: Oh god, the BBC's election night music is starting. Getting trauma flashbacks to the general election. 

22:22: A few of you have been in touch about our exit poll. Most of you have been wondering about that one vote for George Galloway but the rest are wondering what happens - under the rules of the London mayoral race (and indeed the contests in Salford, Bristol and Liverpool), 2 votes would not be enough for Sadiq. (He needs 2.5). However, all the other candidates are tied - which makes it through to the second round. What happens then is the second preferences are used as a tie-break. Of the tied candidates, Sian Berry has the most second preferences so she goes through to face Sadiq Khan in the final round. Final round is as follows:

Sadiq Khan: 3

Sian Berry: 2

3 votes is above the quota so he is duly elected. An early omen? 

22:19: Burnham latest. A spokesperson for Andy Burnham says:

"Approaches have been made to Andy Burnham to give consideration to this role. It is early days and no decision as been taken. Whatever the decision, he will continue to serve the leader of the party and stay in the shadow cabinet."

22:17: Anyway, exit poll of the office. We've got:

Sadiq Khan: 2

George Galloway: 1

Caroline Pidgeon: 1

Sian Berry: 1

22:15: Update on Andy Burnham. He has been asked to consider running. More as we get it. 

22:13: People are asking if there's an exit poll tonight. Afraid not (you can't really do an exit poll in elections without national swing). But there is a YouGov poll from Wales and I am conducting an exit poll of the four remaining members of staff in the NS building. 

22:11: It's true! Andy Burnham is considering running for Greater Manchester mayor. Right, that's it, I'm quitting the liveblog. Nothing I say tonight can top that. 

22:09: Rumours that professional Scouser Andy Burnham is considering a bid for Greater Manchester mayor according to Sky News. Not sure if this is a) a typo for Merseyside or b) a rumour or c) honestly I don't know. More as I find out. 

22:06: Conservatives are feeling good about Trafford, one of the few councils they run in the North West.

22:03: Polls have closed. Turnout looks to be low in London. What that means is anyone's guess to be honest. There isn't really a particular benefit to Labour if turnout is high although that is a well-worn myth. In the capital in particular, turnout isn't quite as simple a zero-sum game as all that. Labour are buoyant, but so are the Tories. In Scotland, well, the only questions are whether or not the SNP will win every single first past the post seat or just the overwhelming majority. Both Labour and Tory sources are downplaying their chances of prevailing in the battle for second place at Holyrood, so make of that what you will. And in Wales, Labour look certain to lose seats but remain in power in some kind of coalition deal. 

22:00: Good evening. I'm your host, Stephen Bush, and I'll be with you throughout the night as results come in from throughout the country. The TV screens are on, I've just eaten, and now it's time to get cracking. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.