For the Leveson inquiry and free expression
How the media ethics inquiry is circumventing the chilling power of the tabloids.
By David Allen Green Published 25 November 2011 13:38
The Leveson inquiry is perhaps doing more for genuine "freedom of expression" than any tabloid has ever done. For years, the partisans for the tabloids have invoked the "rights of the press" as a cloak for systemic criminal and intrusive behaviour, whilst the tabloids in turn denied rights of reply and intimidated potential critics into silence. When challenged, the tabloid punditry and their fellow-travellers shake their heads and warn darkly of "censorship" and the perils of "state control". A free press is essential to a vibrant democracy, we are invariably assured.
The problem with this standard defence is that it is not entirely true. A vibrant democracy requires the critics of the press to be heard too, and that simply has not been happening. As is becoming increasingly apparent, one general effect of the tabloid press has not been to promote free expression, but instead to shut people up or limit what they can communicate. That is not the promotion of "free expression". Those who seek to challenge the tabloids are routinely smeared and undermined. The tabloids just want the freedom to do what they want without any real criticism or effective restraint. In effect, editors and journalists of the tabloid press want to be the untouchables in their commercial operations.
The merit of the Leveson inquiry - regardless of its formal findings in its reports - is that it is giving a platform to those whose voices are deliberately smothered by the tabloid press. It has taken this statutory formal inquiry, with powers of obtaining evidence and protection from legal action to witnesses, to save "free expression" from the illiberal onslaught of the tabloids. Left to the tabloids themselves, little of what we have heard over the last week would ever have had any significant circulation.
A couple of very telling moments over the last few days came from when the tabloids thought they had been wronged. For one newspaper, an expensive QC was instructed to loudly "refute" (by which he meant "reject") various allegations, and to demand a right of reply or at least a right to challenge the evidence. Another tabloid complained that the Guardian had got its facts wrong in a strongly worded letter, and insisted on (and got) an immediate correction. One can see why the newspapers reacted in the way they did; but it really is not to their credit that for years they have casually denied such redress to those caught up in the stories. Perhaps the tabloids can now empathise with the senses of unfairness and violation which they inflict on others on a daily basis.
One should always be sceptical of those who claim grand principles to mask selfish behaviour. Such heady language is, as Samuel Johnson observed, the usual refuge of scoundrels. Instead, look carefully at what is actually being done and not done by those people and entities seeking to evade and misdirect scrutiny. The tabloids have for too long hidden behind the nod-a-long anthems of "free expression".
It is now time to allow those who criticise the tabloids free expression, too. After all, this is also essential to a vibrant democracy.
David Allen Green is legal correspondent of the New Statesman
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12 comments
"Freedom of speech", balances of power and rights coming with responsibilities are side issues.
What do we need a free press for?
We need information to take part in the decisions of the society we are part of. We need to know the likely effects of policies, what those policies are (whatever the spin doctors tell us) and we need to discuss the moral dimensions of those policies. "What should we be doing?" is a question we should all be involved in.
We also need to criticise and hold to account those who wield power on our behalf.
To do this we need freedom. Freedom to impart information about common aims and freedom to criticise, debate and discuss.
However, "The Press", especially the "tabloid press", provides neither the information needed nor any beneficial contribution the public debate. We do not need to know that Max Mosley enjoys spanking or the contents of the McCann's diaries. The latest ravings of a Littlejohn or a Phillips about a non-existent event made up to enable one of them to express outrage adds as much to the public debate as the ravings of that poor homeless alcoholic you saw shouting at his imaginary friend.
If the entire print press were to cease to exist tomorrow, we would be little worse off. If the entire tabloid press were to cease to exist tomorrow, we would be no worse off.
We need freedom of speech and information, we do not need the press.
What happened to the twitter joke appeal - I thought it was on 10th November?
"write of reply"?
Did you see that the head of legal at the company that owns the Daily Mail is leaving?
First, Tom Crone at News International, now Harvey Kass at Associated Newspapers ...
Andrew - corrected, with thanks.
About time Coogan got a haircut.
Am I allowed to say that?
The point is we al have stadards; the standards should be set by the profession. The Press Council have obviously failed, Every now and again its necessary to jail a few editors and close down a few Papers just as an example to the others to watch it.
I don't live in Britain. last night I switched on one of our 24 hours news channels and found myself watching excerpts from the Leveson enquiry.
Having read about the goings on of the press in your country I decided to watch the witness statements etc..
Considering what I saw and heard I thought why are these perpetrators not in jail. Not just the foot soldiers but also those who issued the orders.
What appears to have happened is not freedom of expression these are criminal acts. Or haven't you got proper laws to protect your citizens?
David,
Who are these mysterious "tabloids", who move shiftily through the night as one, picking out targets they all agree are fair game? Are "they" not capable of independent thought and deed? Or is it just easier to tar all tabloid papers and their staff with the same lazily swiped brush?
I could make lavish generalisations about "lawyers" (not least pointing out the irony of tabloid hacks being lectured on morals by them) but that would be largely unfair, so I won't.
Nordic Scot - I'm just glad the Leveson inquiry has empowered David sufficiently to write the article. He was presumably too scared of us marauding tabloid types just a month ago, given our penchant for "intimidat[ing] potential critics into silence".
What is concerning is that the government are looking at this as an excuse to control the media; not as a reason to finally give UK citizens proper rights of privacy.
As well as watching our press we should still be wary of our government and how they exploit this situation.
A free press, in order to be meaningful, must be varied. A press that is dominated by a small number of companies controlled by powerful individuals enjoys little more freedom than one controlled by the state. There are plenty of decent journalists out there - including some working for tabloids - who want things to be better than this. This isn't about press vs government (although there are risks there and we are right to be wary); primarily, it's about responsible journalism vs criminal media exploitation.
With power, and without doubt the press have power, goes responsibility. The responsibility side of the balance has been much too light. Although the tabloid part of the industry has been rightly highlighted, lack of responsibility can also be attributed to the broadsheets.