For the Leveson inquiry and free expression

How the media ethics inquiry is circumventing the chilling power of the tabloids.

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

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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MPs Seema Malhotra and Stephen Kinnock lay out a 6-point plan for Brexit:

Time for Theresa May to lay out her priorities and explain exactly what “Brexit means Brexit” really means.

Angela Merkel has called on Theresa May to “take her time” and “take a moment to identify Britain’s interests” before invoking Article 50. We know that is code for the “clock is ticking” and also that we hardly have any idea what the Prime Minister means by “Brexit means Brexit.”

We have no time to lose to seek to safeguard what is best in from our membership of the European Union. We also need to face some uncomfortable truths.

Yes, as remain campaigners we were incredibly disappointed by the result. However we also recognise the need to move forward with the strongest possible team to negotiate the best deal for Britain and maintain positive relationships with our nearest neighbours and allies. 
 
The first step will be to define what is meant by 'the best possible deal'. This needs to be a settlement that balances the economic imperative of access to the single market and access to skills with the political imperative to respond to the level of public opinion to reduce immigration from the EU. A significant proportion of people who voted Leave on 23 June did so due to concerns about immigration. We must now acknowledge the need to review and reform. 

We know that the single market is founded upon the so-called "four freedoms", namely the free movement of goods, capital, services and people & labour. As things stand, membership of the single market is on an all-or-nothing basis. 

We believe a focus for negotiations should be reforms to how the how the single market works. This should address how the movement of people and labour across the EU can exist alongside options for greater controls on immigration for EU states. 

We believe that there is an appetite for such reforms amongst a number of EU governments, and that it is essential for keeping public confidence in how well the EU is working.

So what should Britain’s priorities be? There are six vital principles that the three Cabinet Brexit Ministers should support now:

1. The UK should remain in the single market, to the greatest possible extent.

This is essential for our future prosperity as a country. A large proportion of the £17 billion of foreign direct investment that comes into the UK every year is linked to our tariff-free access to a market of 500 million consumers. 

Rather than seeking to strike a "package deal" across all four freedoms, we should instead sequence our approach, starting with an EU-wide review of the freedom of movement of people and labour. This review should explore whether the current system provides the right balance between consistency and flexibility for member states. Indeed, for the UK this should also address the issue of better registration of EU nationals in line with other nations and enforcement of existing rules. 

If we can secure a new EU-wide system for the movement of people and labour, we should then seek to retain full access to the free movement of goods, capital and services. This is not just in our interests, but in the interests of the EU. For other nation states to play hardball with Britain after we have grappled first with the complexity of the immigration debate would be to ignore rather than act early to address an issue that could eventually lead to the end of the EU as we know it.

2. In order to retain access to the single market we believe that it will be necessary to make a contribution to the EU budget.

Norway, not an EU member but with a high degree of access to the single market, makes approximately the same per capita contribution to the EU budget as the UK currently does. We must be realistic in our approach to this issue, and we insist that those who campaigned for Leave must now level with the British people. They must accept that if the British government wishes to retain access to the single market then it must make a contribution to the EU budget.

3. The UK should establish an immigration policy which is seen as fair, demonstrates that we remain a country that is open for business, and at the same time preventing unscrupulous firms from undercutting British workers by importing cheap foreign labour.  

We also need urgent confirmation that EU nationals who were settled here before the referendum as a minimum are guaranteed the right to remain, and that the same reassurance is urgently sought for Britons living in mainland Europe. The status of foreign students from the EU at our universities must be also be clarified and a strong message sent that they are welcomed and valued. 

4. The UK should protect its financial services industry, including passporting rights, vital to our national prosperity, while ensuring that the high standards of transparency and accountability agreed at an EU level are adhered to, alongside tough new rules against tax evasion and avoidance. In addition, our relationship with the European Investment Bank should continue. Industry should have the confidence that it is business as usual.

5. The UK should continue to shadow the EU’s employment legislation. People were promised that workers’ rights would be protected in a post-Brexit Britain. We need to make sure that we do not have weaker employment legislation than the rest of Europe.

6. The UK should continue to shadow the EU’s environmental legislation.

As with workers’ rights, we were promised that this too would be protected post-Brexit.  We must make sure we do not have weaker legislation on protecting the environment and combatting climate change. We must not become the weak link in Europe.

Finally, it is vital that the voice of Parliament and is heard, loud and clear. In a letter to the Prime Minister we called for new joint structures – a Special Parliamentary Committee - involving both Houses to be set up by October alongside the establishment of the new Brexit unit. There must be a clear role for opposition parties. It will be equally important to ensure that both Remain and Leave voices are represented and with clearly agreed advisory and scrutiny roles for parliament. Representation should be in the public domain, as with Select Committees.

However, it is also clear there will be a need for confidentiality, particularly when sensitive negotiating positions are being examined by the committee. 

We call for the establishment of a special vehicle – a Conference or National Convention to facilitate broader engagement of Parliament with MEPs, business organisations, the TUC, universities, elected Mayors, local government and devolved administrations. 

The UK’s exit from the EU has dominated the political and economic landscape since 23 June, and it will continue to do so for many years to come. It is essential that we enter into these negotiations with a clear plan. There can be no cutting of corners, and no half-baked proposals masquerading as "good old British pragmatism". 

The stakes are far too high for that.