What do you do when an entire system fails?
The Leveson inquiry is revealing a problem for which there may not be a solution.
By David Allen Green Published 05 December 2011 15:10
The evidence continues to accumulate at the Leveson inquiry as to the sheer scope of British media malpractice in the first decade of the 21st century. The inquiry is not only there to investigate what went wrong, but also to suggest proposals for reform and improvement. In the words of its detailed terms of reference, the inquiry is to make recommendations:
a. for a new more effective policy and regulatory regime which supports the integrity and freedom of the press, the plurality of the media, and its independence, including from Government, while encouraging the highest ethical and professional standards;
b. for how future concerns about press behaviour, media policy, regulation and cross-media ownership should be dealt with by all the relevant authorities, including Parliament, Government, the prosecuting authorities and the police;
c. the future conduct of relations between politicians and the press; and
d. the future conduct of relations between the police and the press.
However, what went wrong occurred when there was -- on the face of it -- the laws and the enforcement bodies already in place. The misconduct happened anyway.
In terms of law, there was the Data Protection Act, the Computer Misuse Act, and the Regulation of Investigatory Powers Act. These statutes provided clear prohibitions in respect of almost all the "dark arts" of which we have heard; it was just that the legislation was not enforced. The PCC "Editors' Code of Practice" has -- on the face of it -- a sensible regime for guiding press behaviour. And, as with the black letter law, that also was not properly enforced.
One by one the enforcement bodies -- the Metropolitan Police, the Information Commissioner's Office, and the Press Complaints Commission -- had the opportunity to act, and, for whatever reasons, chose not to do so. Had only one of these entities discharged its obligations properly, then the illegal and immoral behaviour of the tabloids would have been significantly checked. Had all three done so, then the scandals may not have even occurred at all on any great scale.
Words on paper -- however well-intended and comprehensive -- have no greater meaning than enchantments in a book of spells unless they are translated into real-world action. Whatever are the recommendations of the Leveson inquiry, yet more words on paper will not be enough.
Perhaps there is nothing the Leveson inquiry can usefully recommend. As one eminent Victorian politician said in rebuke to another: problems may not actually have solutions. In the face of a general systemic failure of compliance and enforcement, then, the mere positing of a new system is futile.
Furthermore, the commercial and operational pressures of the tabloids over the last decade may now be changing. There is less scope for "celebrity exclusives" where the splashes are on the internet and communications between stars and those who follow them can be done directly, and not through a Show Business column. There are now different ways for tabloids to buy in their stories which are more cost effective.
The Leveson inquiry came about because a system failed comprehensively. And we may never have known, had it not been for the Royal Household complaining of hacking in a manner which could not be ignored (leading to the arrest of Clive Goodman and the seizure of Glen Mulcaire's notebooks), the investigative journalism of the Guardian and the New York Times, and the brilliant lawyering of Mark Lewis and Charlotte Harris. Between them, they were able to force results where the Metropolitan Police, the Information Commissioner, and the Press Complaints Commission all failed.
The value of the Leveson inquiry may therefore be in the accumulation of evidence and its documented exposure of routine illegal and unethical activity, rather than in any particular recommendations. The Leveson inquiry is simply telling us the story of what happens when an entire system fails.
David Allen Green is legal correspondent of New Statesman
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10 comments
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Well, the inquiry along with the demise of NoTW will have sent some kind of message about what is acceptable journalism. Likewise, the extending list of expensive out-of-court settlements with complainents will also go some way to acting as a point of redress in terms of the abuse of privacy. Sometimes a good airing in public of one's dirty washing is enough to shame the culprits into doing things the right way. The fact that it has all come out is a good thing, and a sign of a system that is working, albeit that the abuse went on for over a decade before it was finally brought fully to light.
Yes, open a can of worms, don't expect butterflies. There will be Politicians and all sorts running for cover right now, we the plebs will be cut off from the news. The CPS is vulnerable, it's strange how the experts are the last to wake up to realities.
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The concern is not simply that the entire press regulation system has failed but that it shows that our entire legal system has failed.
Many policemen were taking money from the press and the police made no attempt to enforce the law against the press despite copius evidence of law breaking.
There have been several high profile cases in which the police have been involved in the death of innocent members of the public and in whcih there has been strong indications that the legal prcoess has been distorted to avoid effective scrutiny or in which police evidence is directly contradicted by all of the evidence from non-police sources. These are high profile cases in which there is the most scrutiny and the strongest reason to be seen to follow due process.
The best that can be said is that it appears that at least two sections of society, the police and thw press appear to be outside the law.
More worryingly what is the behaviour of the police like when they are not under the scrutiny of a high profile case?
The recent collapse of the case in cardiff is paticularily troublesome. and has the appearance of collusion in preventing effective accountabliity for framing innocent men.
No system is perfect but control of the police is the foundation of any society. The system of police regulation has failed and needs massive strenghening. A body whose sole role is to investigate and prosecute police wrong doing staffed by personal not associated with the police must be part of the answer.
I think most literate people in the UK knew perfectly well what was going on - the Leveson inquiry just provides a detailed examination. However, knowing what was going on, and doing something about it are two different things.
1. the draconian libel laws in the UK make it almost impossible to say out loud that the Emperor has no clothes on and
2. where do you go to complain? The police forces were obviously not going to investigate accusations of wrong doing, and the papers were not going to publish stories of wrong going
I have had one experience in Spain where the tax authorities refused to write a letter confirming their verbal explanation. The letter was needed to deal with a VAT clarification and the other party was not satisfied with a verbal decision from the tax authorities but demanded a written one. We appealed to the ombudsman but he felt that this was not part of his remit.
Eventually we took the case to an MEP who made a formal request to the Spanish government for clarification, which was eventually given.
It seems to me that one possible solution to this mess is an EC ombudsman, one who can't be threatened by the UK press but who can exert pressure.
And of all the false representations MSM has managed?
Printing false information or reporting in a manner to change the outcome of everyones history and world veiws on finance, culture, bloody everything, is that going to be one of those problems that dont have solutions?
A murder trial ends with no real solution as how to bring a victim back from the dead, but there are solutions as what to do with a murderer. There are many solutions to this problem IMO, but like a murder crime their is no solution to save the victim. I feel this article hits the same sense of justice and tends to lean towards no solution at all for such crimes.
Maybe they are more looking for ways around the complications that arise from getting caught out. This seems to be the trend these days.
If a person is well linked, has a few friends with PTB, and get caught out doing wrong, like they all do or have done, they sit around looking at how to change things so they wont be caught again.
Ok enough with the solutions and on with the accoutability.
What do you do when an entire system fails? simple - Appoint a Judge led inquiry which ignores equally guilty news organisations and sit back whilst those self same hypocrites throw rocks at the scapegoat aka NI.