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

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Lord Geoffrey Howe dies, age 88

Howe was Margaret Thatcher's longest serving Cabinet minister – and the man credited with precipitating her downfall.

The former Conservative chancellor Lord Howe, a key figure in the Thatcher government, has died of a suspected heart attack, his family has said. He was 88.

Geoffrey Howe was the longest-serving member of Margaret Thatcher's Cabinet, playing a key role in both her government and her downfall. Born in Port Talbot in 1926, he began his career as a lawyer, and was first elected to parliament in 1964, but lost his seat just 18 months later.

Returning as MP for Reigate in the Conservative election victory of 1970, he served in the government of Edward Heath, first as Solicitor General for England & Wales, then as a Minister of State for Trade. When Margaret Thatcher became opposition leader in 1975, she named Howe as her shadow chancellor.

He retained this brief when the party returned to government in 1979. In the controversial budget of 1981, he outlined a radical monetarist programme, abandoning then-mainstream economic thinking by attempting to rapidly tackle the deficit at a time of recession and unemployment. Following the 1983 election, he was appointed as foreign secretary, in which post he negotiated the return of Hong Kong to China.

In 1989, Thatcher demoted Howe to the position of leader of the house and deputy prime minister. And on 1 November 1990, following disagreements over Britain's relationship with Europe, he resigned from the Cabinet altogether. 

Twelve days later, in a powerful speech explaining his resignation, he attacked the prime minister's attitude to Brussels, and called on his former colleagues to "consider their own response to the tragic conflict of loyalties with which I have myself wrestled for perhaps too long".

Labour Chancellor Denis Healey once described an attack from Howe as "like being savaged by a dead sheep" - but his resignation speech is widely credited for triggering the process that led to Thatcher's downfall. Nine days later, her premiership was over.

Howe retired from the Commons in 1992, and was made a life peer as Baron Howe of Aberavon. He later said that his resignation speech "was not intended as a challenge, it was intended as a way of summarising the importance of Europe". 

Nonetheless, he added: "I am sure that, without [Thatcher's] resignation, we would not have won the 1992 election... If there had been a Labour government from 1992 onwards, New Labour would never have been born."

Jonn Elledge is the editor of the New Statesman's sister site CityMetric. He is on Twitter, far too much, as @JonnElledge.