Lessons from Leveson

Ignorance is no excuse.

If we have learned one thing from the first part of the Leveson Inquiry, it is this: for the first decade of this century there was a culture of casual lawlessness on many of the news and show-business desks in Fleet Street.

Part of this can be put down to new technology. It was relatively easy to listen to telephone messages or to guess the answers to security questions for email accounts. It was not much harder to use a "Trojan horse" email attachment or to "blag" a record of calls from a mobile telephone company. And it certainly was not difficult to pay a specialist private investigator to do any of these unlawful things.

There was also ignorance of the relevant laws. Ignorance doesn't excuse anyone from liability for criminal acts, but it helps explain the culture of unethical behaviour. A generation of reporters and in-house lawyers, fully aware of the technicalities of libel and contempt, appear to have had no real idea of technology law.

Few seemed to know that interfering with someone's email account, let alone using an intrusive Trojan horse programme, was a breach of the Computer Misuse Act 1990. In the Nightjack case, where a reporter unmasked a blogger after hacking his email, even the experienced former legal manager of the Times freely admitted that he had no idea of the existence of the act or the offences it details.

Such a culture is what can develop in business when "self-regulation" is non-existent. The sorts of ethical restraints that can come from professionalism or just good leadership are easily ignored under the pressure of deadlines and bullying editors anxious to fill their paper with copy.

However, this is where technology again has an impact. The publication of news on the internet or stored in electronic archives means that journalists and their managers can remain accountable for what they publish years after the stories have gone to print. A byline is now not only a measure of achievement but also a potential curse. Any hacking can leave electronic traces long after the story has been forgotten by anyone other than the victim.

On the books

A third lesson from Leveson is that "statutory" is not a dirty word. Many in the mainstream media have a knee-jerk reaction against "statutory" regulation but do not seem to know what the word means. A statutory power is one that has its basis in legislation rather than in a contract or
a non-binding code. And a statutory power is always specific; it is a precise device to get something done.

In the Nightjack case, it was the use of statutory powers by the Leveson inquiry that uncovered the Times using computer hacking to source
a story and then misleading the High Court. Left to self-regulation none of this would ever have come out. Whatever the solution to the problems caused by the ethics and practices of the press, it is now rather clear that they are not able to sensibly regulate themselves.

David Allen Green is the New Statesman's legal correspondent

James Harding, editor of The Times newspaper, arrives at the Leveson Inquiry, 17 January 2012. Credit: Getty Images

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.)

This article first appeared in the 02 April 2012 issue of the New Statesman, France is my enemy

Photo: Getty Images
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Bomb Isil? That's exactly what they want

The government appears not to answer the nature of its enemy, warns Maria Norris.

As MPs are set to vote on further airstrikes in Syria, it is difficult to shake off the feeling that the government does not fully appreciate the complexity of the problem Isil poses. Just a cursory glance at its magazine, the pronouncements of its leaders and its ideology reveals that Isil is desperate for Western bombs to fall out of the sky. As Martin Chulov argues, Isil is fighting a war it believes was preordained since the early days of Islam. Isil’s obsession with the city of Dabiq, in Northern Syria, stems from a hadith which prophesises that the ‘Crusader’ army will land in the city as a precursor to a final battle where Islam will emerge victorious. Dabiq is also the name of its magazine, which starts every issue with the same quote: "The spark has been lit here in Iraq, and its heat will continue to intensify -- by Allah's permission -- until it burns the crusader armies in Dabiq". Isil wants a war with the West. If we don’t negotiate with terrorists, then we also should not give them what they want.

Further, bombs are indiscriminate and will inevitably lead to the suffering of those trapped in Isil territories. Isil is counting on this suffering to swell their ranks. Civilian suffering from airstrikes only underline the narrative that the West is at war with Islam, which plays directly into Isil’s hands. And despite misleading headlines and the genuine government concern with individuals fleeing to Syria, Isis is supremely unpopular. It is no wonder that its magazine is filled with glossy adds begging people to move to its territories.  You cannot be a state without people. Terrorist attacks such as Paris thus have a two-pronged purpose: they provoke the West to respond with its military, and they act as a recruitment drive. The fact that fake Syrian passports were found around the sites of the Paris attacks is no coincidence as Isil are both seeking to stem the flow of refugees from its territories and hoping to provoke an Islamophobic backlash. They hope that, as more Muslims feel alienated in the West, more will join them, not just as fighters, but as the doctors, nurses and teachers it desperately needs.

In addition to this, airstrikes overlook the fact that Isil is a result of what Fawaz Gerges calls a severe, organic institutional crisis in the Middle East. In a lecture at the London School of Economics earlier this year, Gerges pointed out the dysfunction created when a region that is incredibly resource rich also is also deeply undemocratic, riddled with corruption, food insecurity, unemployment and poverty. This forms an institutional vacuum that is filled by non-state actors as the population does not trust its political structures. Further, the civil war in Syria is also the site of the toxic soup of Middle Eastern state dysfunction. Iran supports Assad, Saudi Arabia and the Gulf countries, fund anti-Shia groups in Syria. Throw in the Kurdish conflict, Turkey’s ambiguous position and Russian bombs, it is difficult to see how airstrikes will solve anything.

Finally, it is crucial that Isil is seen as a direct result of the Iraq war. The American-led invasion destroyed the institutions, giving the Shia majority power almost overnight, creating deep dissatisfaction in the Sunni regions of Iraq. On top of this thousands of foreign fighters flooded Iraq to fight the invaders, attracting disenfranchised and angry Sunnis. The result is that since 2003, Iraq has been embroiled in a sectarian civil war.  It is in civil war, inherently connected to the Iraq War, that you find the roots of Isil. As even the Prime Minister concedes that ground troops are necessary, albeit it regional ground troops with its own set of problems, it is important to consider what further monster can arise from the ashes of another ill-thought out military intervention in the Middle East.
We have had decades of military intervention in the Middle East with disastrous consequences. Airstrikes represent business as usual, when what we actually need is a radically new approach. Who is funding Isil? Who is buying its oil? How to curb Isil’s recruitment drives? What can be done about the refugees? How to end the conflict in Syria? What happens to Assad? These are questions hopefully being addressed in talks recently held in Vienna with Russian, Ira, the USA, France, Syria’s neighbours and the Gulf states. Airstrikes do not answer any of these questions. What airstrikes do is give Isil exactly what it is asking for. Surely this is reason enough not to bomb Syria. 

Maria W. Norris is a PhD candidate and a teacher at the London School of Economics and Political Science. Her PhD is on the UK counter-terrorism strategy since 9/11 and its relationship with identity. She tweets as @MariaWNorris.