Statutory regulation of the press will hurt free speech

Self-regulation is the only way to ensure that journalist don't end up with less of a right to free expression than anyone else.

Between the Leveson Inquiry and the crisis at the BBC, it seems journalism is all we ever read or hear about these days.

These crises are heightened because journalists are, essentially, gossips who like talking about journalists. In this, we’re no different from people in any other line of work: programmers talk about other people’s code, plumbers slag rivals’ work - it’s human.

Note I wrote “line of work” rather than profession. That’s because it is very, very important to remember that journalism is not and cannot ever be a profession.

This is at the very heart of the debate over what Lord Justice Leveson should conclude from his findings when he reports in the coming weeks. Can you legally force journalists to behave in a certain way without damaging free expression?

Some point to regulatory bodies such as the Law Society or the General Medical Council, and say that regulation does not affect those professions. But think. One can strike off a doctor or a lawyer - how does one strike off a journalist? Sure, you can sack her, but what if she starts a blog? Starts making phone calls? Starts covering stories?

How do you stop people doing journalism? The old distinction will become ever more blurred as we all now carry publishing apparatus in our pocket. Journalists in the traditional sense had desks, telephones, expense accounts and bad habits. But most importantly, access to a printing press and means of distribution. A decent smartphone carries all this in one (apart from the expenses and habits).

Journalism is one way in which people can exercise their right to free expression, and the danger with statutory regulation is that one can actually create separate levels of access to a right - giving the journalist less of a right to free expression than anyone else. That’s not how rights work.

Some will point out that there are many “statutes” that apply to journalists, and this is true, but these statutes - contempt, libel etc, do not apply just to journalists - they are universal.

Creating a new law governing the press compromises that universality.

Many point to the “Irish model” as an example of statutory underpinning. But this is not entirely correct. The Press Council of Ireland was already established before it was recognised in statute, and then only with membership as a mitigating factor in a libel defence. It was not established by statute. (Bear in mind, by the way, Leveson watchers, that it took five years of negotiation to set up the Irish Press Council. This may go on for some time.)

Meanwhile, Germany (in terms of market size, possibly a better example for the UK) does not even permit specific laws on the press.

A press regulator cannot carry legal compulsion. Politicians already try their hardest to influence newspapers, and allowing them to create statute that will rule over the press will almost inevitably prove too tempting for a parliamentarians fed up of their eternal role as lamposts to the press’s dogs (as HL Mencken had it). Statute specifically dealing with the press will hurt free speech, no matter how much its advocates say it won’t.

Politicians already try their hardest to influence newspapers. Photograph: Getty Images
Photo: Getty
Show Hide image

Theresa May's magic money tree is growing in Northern Ireland

Her £1bn deal with the DUP could make it even harder to push through cuts in the rest of the UK.

Going, going, gone...sold to the dark-haired woman from Enniskillen! Theresa May has signed a two-year deal with Arlene Foster, the DUP's leader, to keep her in office. The price? A cool £1bn and the extension of the military covenant to Northern Ireland.

The deal will have reverberations both across the United Kingdom and Northern Ireland specifically. To take the latter first – the amount spent in Northern Ireland in 2016/17 was just under £10bn. A five point increase in spending on health, education and roads is a fairly large feather in anyone's cap.

It transforms the picture as far as the fraught negotiations over restoring power-sharing goes. It increases the pressure on Sinn Féin to restore power-sharing so they can help decide exactly where the money goes. And if there's another election, it means that Arlene Foster goes into it not as the woman who oversaw the wasteful RHI scheme (a renewable energy programme that because of its poor drafting saw farmers paid to heat empty rooms) but as the negotiator who bagged an extra £1bn for Northern Ireland. 

Across the United Kingdom, the optics are less good for the (nominal) senior partner to the deal.

"May buys DUP support with £1 billion 'bung" is the Times"£1bn for DUP is 'just the start" is the Telegraph's splash, and their Scottish edition is worse: "Fury at 'grubby' deal with DUP". With friends like this, who needs the Guardian? (They've gone for "May hands £1bn bonanza to DUP to cling on at No 10" as their splash, FYI.) 

Not to be outdone, the Mirror opts for "May's £1bn bribe to crackpots" while the Scotsman goes for "£100 million per vote: The price of power".  Rounding off the set, the Evening Standard has mocked Foster up as Dr Evil and Theresa May as Mini-Me on its front page. The headline? "I demand the sum of....one billion pounds!"   

Of course, in terms of what the government spends, £1bn is much ado about nothing. (To put it in perspective, the total budget across the UK is £770bn or thereabouts, debt interest around £40bn, the deficit close to £76bn).

But only a few weeks ago Theresa May was telling a nurse that the reason she couldn't get a pay rise is that there is "no magic money tree". Now that magic money tree is growing freely in Northern Ireland. The Conservatives have been struggling to get further cuts through as it is – just look at the row over tax credits, or the anger at school cuts in the election – but now any further cuts in England, Scotland and Wales will rub up against the inevitable comeback not only from the opposition parties but the voters: "But you've got money to spend in Northern Ireland!"

(That £1bn is relatively small probably makes matters worse – an outlay per DUP MP that you might expect a world-class football club to spend on a quality player. It's tangible, rather like that £350m for the NHS. £30bn? That's just money.)

For Labour, who have spent the last seven years arguing, with varying degrees of effectiveness that austerity is a choice, it's as close to an open goal as you can imagine. Theresa May's new government is now stable – but it's an open question as to how long it will take her party to feel strong again.

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.

0800 7318496