Why the Times should apologise over NightJack

The emerging questions over the hacking of a blogger's email account.

It is today reported that Tom Watson MP is calling for James Harding, the editor of the Times, to return to the Leveson inquiry to answer questions about the hacking of the email account of NightJack.

But what should the questions be?

Over at Jack of Kent I have started to put together a detailed chronology of the hacking of the NightJack account together with information about other computer hacking. Looking carefully at what can so far be established, there are a number of questions which at least could usefully be posed to the editor of the Times.

It may be that the specific hacking incident is less important than the decisions -- taken by managers and executives -- which followed. After all, the journalist admitted the incident to his managers, and he was disciplined. There is no point making him the scapegoat for this, even though there might be a natural tendency for culpable senior figures to shift the blame downwards.

On the basis of the information so far collected, it would appear to me that three particular managerial or editorial issues need to be addressed.

First, why were NightJack's lawyers and the High Court not informed of the hack? The Times has admitted that it knew of the hack before publication. As the story was eventually published the day after the court handed down judgment, this can only mean that the Times knew while the litigation was live or during the period the paper was waiting for the judge to deliver the judgment.

In either case, it would appear to me that the fact of the computer hacking really should have been disclosed. There can be no doubt that the blogger's lawyers would have sought to rely on it. As it was, the blogger's lawyers were forced to concede that there had been no invasion of privacy or breach of confidentiality.

Second, there does seem to be uncertainty as to who within News International knew about the incident and it seems odd that it was not disclosed to the Department of Culture Media and Sport select committee in November 2011 .

Here dates are important. The hacking incident was disclosed to the Leveson inquiry in those three witness statements dated 14 October 2011. (One of these statements -- from the CEO of News International, Tom Mockridge -- contains a material inaccuracy which was corrected by a further witness statement of 16 December 2011, which refers interestingly to "further enquiries".)

But on 10 November 2011 James Murdoch appeared at the DCMS committee and was asked a number of detailed questions by Tom Watson about computer hacking. It is clear from the answers that Murdoch either was completely unaware of the computer hacking incident (notwithstanding the three witness statements submitted to the Leveson inquiry only the month before) or was being very careful not to tell the committee about it when being directly asked.

Third, it is clear that the Leveson inquiry has so far been told relatively little about the 2009 computer hack. It was only by comparing four witness statements that one could work out any detail about what happened. No mention was made in those statements as to whether the hack had been in relation to a published story, or (perhaps significantly for Leveson) that there had actually been privacy litigation relevant to the story which was published.

Given that following the coverage here, and by David Leigh at the Guardian, the Times volunteered such details in an article published at the end of last week, one wonders why these significant details could not have also been provided to the Leveson inquiry itself.

The Times is a great newspaper, with many excellent columnists and outstanding reporters. But something very wrong happened when NightJack was outed, and this wrong may well have been compounded by subsequent decisions made by senior managers. There could be a perfectly satisfactory explanation as to all what happened, but it would be good to hear it either at the Leveson inquiry, or elsewhere.

And there should be an immediate apology to the blogger whose email was hacked. The Times itself ruled internally that the hack equated to professional misconduct and that it should not have happened. The paper should have promptly informed the blogger and apologised. It is difficult to see any good reason why that was not done.

The Times should now apologise to the blogger without further delay.

 

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

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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PMQs review: Jeremy Corbyn prompts Tory outrage as he blames Grenfell Tower fire on austerity

To Conservative cries of "shame on you!", the Labour leader warned that "we all pay a price in public safety" for spending cuts.

A fortnight after the Grenfell Tower fire erupted, the tragedy continues to cast a shadow over British politics. Rather than probing Theresa May on the DUP deal, Jeremy Corbyn asked a series of forensic questions on the incident, in which at least 79 people are confirmed to have died.

In the first PMQs of the new parliament, May revealed that the number of buildings that had failed fire safety tests had risen to 120 (a 100 per cent failure rate) and that the cladding used on Grenfell Tower was "non-compliant" with building regulations (Corbyn had asked whether it was "legal").

After several factual questions, the Labour leader rose to his political argument. To cries of "shame on you!" from Tory MPs, he warned that local authority cuts of 40 per cent meant "we all pay a price in public safety". Corbyn added: “What the tragedy of Grenfell Tower has exposed is the disastrous effects of austerity. The disregard for working-class communities, the terrible consequences of deregulation and cutting corners." Corbyn noted that 11,000 firefighters had been cut and that the public sector pay cap (which Labour has tabled a Queen's Speech amendment against) was hindering recruitment. "This disaster must be a wake-up call," he concluded.

But May, who fared better than many expected, had a ready retort. "The cladding of tower blocks did not start under this government, it did not start under the previous coalition governments, the cladding of tower blocks began under the Blair government," she said. “In 2005 it was a Labour government that introduced the regulatory reform fire safety order which changed the requirements to inspect a building on fire safety from the local fire authority to a 'responsible person'." In this regard, however, Corbyn's lack of frontbench experience is a virtue – no action by the last Labour government can be pinned on him. 

Whether or not the Conservatives accept the link between Grenfell and austerity, their reluctance to defend continued cuts shows an awareness of how politically vulnerable they have become (No10 has announced that the public sector pay cap is under review).

Though Tory MP Philip Davies accused May of having an "aversion" to policies "that might be popular with the public" (he demanded the abolition of the 0.7 per cent foreign aid target), there was little dissent from the backbenches – reflecting the new consensus that the Prime Minister is safe (in the absence of an attractive alternative).

And May, whose jokes sometimes fall painfully flat, was able to accuse Corbyn of saying "one thing to the many and another thing to the few" in reference to his alleged Trident comments to Glastonbury festival founder Michael Eavis. But the Labour leader, no longer looking fearfully over his shoulder, displayed his increased authority today. Though the Conservatives may jeer him, the lingering fear in Tory minds is that they and the country are on divergent paths. 

George Eaton is political editor of the New Statesman.

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