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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Why Labour's rise could threaten Nicola Sturgeon's independence dream

As the First Minister shelves plans for a second vote, does she join the list of politicians who bet on an anti-Brexit dividend that failed to materialise?

The nights are getting longer, and so are generations. The independence referendum sequel will happen after, not before the Brexit process is complete, Nicola Sturgeon announced yesterday.

It means that Scottish Remainers will not have the opportunity to seamlessly move from being part of a United Kingdom in the European Union to an independent Scotland in the European Union. Because of the ongoing drama surrounding Theresa May, we've lost sight of what a bad night the SNP had on 8 June. Not just because they lost 21 of the 56 seats they were defending, including that of their leader in Westminster, Angus Robertson, and their former leader, Alex Salmond. They also have no truly safe seats left – having gone from the average SNP MP sitting on a majority of more than 10,000 to an average of just 2,521.

As Sturgeon conceded in her statement, there is an element of referendum fatigue in Scotland, which contributed to the loss. Does she now join the list of politicians – Tim Farron being one, and Owen Smith the other – who bet on an anti-Brexit dividend that failed to materialise?

I'm not so sure. Of all the shocks on election night, what happened to the SNP was in many ways the least surprising and most long-advertised. We knew from the 2016 Holyrood elections – before the SNP had committed to a referendum by March 2019 – that No voters were getting better at voting tactically to defeat the SNP, which was helping all the Unionist parties outperform their vote share. We saw that in the local elections earlier this year, too. We knew, too, that the biggest beneficiaries of that shift were the Scottish Conservatives.

So in many ways, what happened at the election was part of a bigger trend that Sturgeon was betting on a wave of anger at the Brexit vote. If we get a bad Brexit deal, or worse, no deal at all, then it may turn out that Sturgeon's problem was simply that this election came a little too early.

The bigger problem for the Yes side isn't what happened to the SNP's MPs – they can undo that with a strong showing at the Holyrood elections in 2021 or at Westminster in 2022. The big problem is what happened to the Labour Party across the United Kingdom.

One of Better Together's big advantages in 2014 is that, regardless of whether you voted for the Conservatives, the Liberal Democrats or the Labour Party, if you believed the polls, you had a pretty reasonable expectation that your type of politics would be represented in the government of Britain sometime soon.

For the last two years, the polls, local elections and by-elections have all suggested that the only people in Scotland who could have that expectation were Conservatives. Bluntly: the day after the local elections, Labour and the Liberal Democrats looked to be decades from power, and the best way to get a centre-left government looked to be a Yes vote. The day after the general election, both parties could hope to be in government within six months.

As Tommy Sheppard, the SNP MP for Edinburgh East, observed in a smart column for the Herald after the election, one of the reasons why the SNP lost votes was that Corbyn's manifesto took some of the optimistic vote that they gobbled up in 2014 and 2015.

And while Brexit may yet sour enough to make Nicola Sturgeon's second referendum more appealing on that ground, the transformation in Labour's position over the course of the election campaign is a much bigger problem for the SNP.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.

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