Hacked Off needs to know when to stop fighting

In danger of plucking defeat out of the jaws of victory.

The campaign group Hacked Off is beginning to resemble a rebel force which doesn’t know when to stop fighting. And it is in danger of plucking defeat out of the jaws of victory with a state-imposed system of press regulation which is set to go to the Queen for approval at the next meeting of the Privy Council on 15 May. This is because there is no point in creating a perfect theoretical system of press regulation which no-one uses.

Hacked Off got a dream deal on 18 March when the three main political parties agreed to a beefed-up Royal Charter-backed system of press regulation. The dream goes that the new regulator will be completely independent of Parliament and the press, editors will be in a minority on its code committee and it will have the ability to compel placement of front-page apologies.

It is backed up by two pieces of legislation which made their way on to the statute books last week. Under the Enterprise and Regulator Reform Act the Royal Charter, once okayed by the Privy Council, cannot be changed without a two thirds majority of both houses of Parliament. Under the Crime and Courts Act, news publishers outside the state-approved regulator will be subject to exemplary damages and increased libel and privacy case legal costs (except for a large list of exempt titles including blogs which turn over less than £2m and council-run newspapers).

For Hacked Off it is the perfect solution. Perfect except for the fact that most of the newspaper and magazine industry have now said they cannot stomach it. And without the buy-in of publishers themselves a new system of self-regulation cannot work.

Publishers have rebelled because they refuse to surrender total control over the regulator. That is no longer self-regulation as envisaged by Leveson, they say, and in any case they question why they should fund and organise what is effectively a quango. The regional press is deeply concerned that the arbitration arm set out in the Charter will lead to “crippling” new libel claims being made against them. And there remains a profound principled objection to a statute-backed system of regulation being imposed on publishers by the state. Their solution is to resolutely reject the Government plan and instead offer their own Royal Charter.

The main differences between their plan and the Government one are outlined here, but in a nutshell the publishers want:

  • A representative on the Recognition Panel which will licence the new regulator (and the ability to veto appointments to the board)
  • An arbitration arm which is optional rather than obligatory
  • No legislative underpinning but instead a system where a unanimous vote of the Recognition Panel, the regulator’s board and the various industry trade associations can agree to amend the charter.

The two sides are not so far apart that a deal cannot be done. But this will need publishers, representatives of the ‘victims’ and Parliamentarians to put down their rhetorical weapons and  negotiate.

The press cannot be compelled to join a regulator which most publishers fundamentally disagree with any more than the Government can regulate any citizen’s right to express themselves as they wish (within the bounds of libel, privacy and the criminal law on contempt of court).

If the Government Royal Charter to regulate the press is signed by the Queen in two week’s time, some publishers could ignore it and create their own regulator taking a chance on exemplary damages rules which may, in any case, be unenforceable. Many more titles might opt to be part of no regulator at all leaving the victims of future press excesses and mistakes with nowhere to turn. So for the sake of the victims, Hacked Off (like the publishers) now has to take a more pragmatic approach.

Hugh Grant, Hacked Off campaigner. Photograph: Getty Images

Dominic Ponsford is editor of Press Gazette

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The 5 things the Tories aren't telling you about their manifesto

Turns out the NHS is something you really have to pay for after all. 

When Theresa May launched the Conservative 2017 manifesto, she borrowed the most popular policies from across the political spectrum. Some anti-immigrant rhetoric? Some strong action on rip-off energy firms? The message is clear - you can have it all if you vote Tory.

But can you? The respected thinktank the Institute for Fiscal Studies has now been through the manifesto with a fine tooth comb, and it turns out there are some things the Tory manifesto just doesn't mention...

1. How budgeting works

They say: "a balanced budget by the middle of the next decade"

What they don't say: The Conservatives don't talk very much about new taxes or spending commitments in the manifesto. But the IFS argues that balancing the budget "would likely require more spending cuts or tax rises even beyond the end of the next parliament."

2. How this isn't the end of austerity

They say: "We will always be guided by what matters to the ordinary, working families of this nation."

What they don't say: The manifesto does not backtrack on existing planned cuts to working-age welfare benefits. According to the IFS, these cuts will "reduce the incomes of the lowest income working age households significantly – and by more than the cuts seen since 2010".

3. Why some policies don't make a difference

They say: "The Triple Lock has worked: it is now time to set pensions on an even course."

What they don't say: The argument behind scrapping the "triple lock" on pensions is that it provides an unneccessarily generous subsidy to pensioners (including superbly wealthy ones) at the expense of the taxpayer.

However, the IFS found that the Conservatives' proposed solution - a "double lock" which rises with earnings or inflation - will cost the taxpayer just as much over the coming Parliament. After all, Brexit has caused a drop in the value of sterling, which is now causing price inflation...

4. That healthcare can't be done cheap

They say: "The next Conservative government will give the NHS the resources it needs."

What they don't say: The £8bn more promised for the NHS over the next five years is a continuation of underinvestment in the NHS. The IFS says: "Conservative plans for NHS spending look very tight indeed and may well be undeliverable."

5. Cutting immigration costs us

They say: "We will therefore establish an immigration policy that allows us to reduce and control the number of people who come to Britain from the European Union, while still allowing us to attract the skilled workers our economy needs." 

What they don't say: The Office for Budget Responsibility has already calculated that lower immigration as a result of the Brexit vote could reduce tax revenues by £6bn a year in four years' time. The IFS calculates that getting net immigration down to the tens of thousands, as the Tories pledge, could double that loss.

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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