What to look out for in the Leveson report

From governance to sourcing, David Allen Green outlines five key issues in the report into press practice and ethics.

One: Governance

A great deal of the evidence before the Leveson Inquiry was about how newspapers were organised internally and how such arrangements facilitated or discouraged bad press practices. 

Accordingly, it will be intriguing to see how report will deal with the respective roles of editors and “managing editors” and those who oversee them.  How do you tame an autocratic editor? 

Two: Sourcing of news

The Leveson Inquiry was not really that concerned with the ultimate publication of news reports (and it deliberately did not deal with issues such as defamation).  But it was very interested in how news stories were sourced, and in particular the relationship between reporters and private investigators and other “commercial” sources.  Here it will be interesting what the report recommends to stop any illegal and unethical trade in private information.

Three: Relationships with police and public officials

What is the appropriate relationship between the media and police officers and other public officials? 

Clearly any suggestion that sourcing stories from police officers and other public officials  on a cash basis will be unacceptable.   But that leaves open the question of what should be the way journalists can properly exploit “official” sources.   Only the naïve would say that there cannot ever be any direct contact: it would be unfortunate and unsustainable to expect the news media only to use (often obstructive and uninformative) press offices. 

Four: How politicians and the press influence each other

What, if anything, can be done about the eternal tug-of-war of politicians and the press seeking to influence each other?  What sort of access should proprietors and editors have to ministers?  The Leveson Inquiry heard evidence on this point from many former senior ministers, and also from editors and proprietors themselves; but it remains unclear what, if anything, can be done to address such Realpolitik.

Five: Can regulation really make a difference?

Politicians and newspaper editors routinely call for new legislation.  In political speeches and leader columns, MPs and editors clamour almost daily to bring in some new statutory regime for something or other.  In contrast, lawyers tend to be naturally sceptical of the efficacy of any new laws.  Every solicitor and barrister will have their own examples of how a well-meaning provision did not have the intended consequence or was deftly circumvented: regulatory failure is not unusual.

Accordingly, the key question for the Leveson Inquiry is not so much the form of any regulation, but whether it can make any positive difference to the culture and practices of the press.  If there is to be regulation, it is difficult to see how it cannot have some statutory basis: otherwise, it will be regulation at the behest of the regulated, an approach which simply failed with the Press Complaints Commission regime.

But there is a problem for the Leveson Inquiry in respect of “regulation” which is more difficult to solve than as to whether it will have any statutory basis.  Before the rise of the internet, it was easy to identify who would be subject to any media regulation, as it was only a few entities which would be capable of publishing or broadcasting the news on a regular basis.  However, as now anyone with an internet connection can publish what they want to the world, how does one define who should be subject to the more onerous and restrictive burdens of being regulated? 

And if a non-regulated entity can publish what it wants (subject to the law of the land), then any sector-specific regulation would surely be futile in practical terms.  All because you think something should be regulated, it does not always mean it can be regulated.  It may well be that the internet will succeed where the alarmist hyperbole of the newspaper industry has failed, and rendered ineffective any way the press can now be regulated. 

 

David Allen Green is legal correspondent of the New Statesman

Fleet Street. Photo: Getty

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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Is Scottish Labour on the way back, or heading for civil war?

There are signs of life, but also recriminations.

The extraordinary rise of the Scottish Tories and the collapse in SNP seat numbers grabbed most of the headlines in the recent general election. Less remarked on was the sudden, unexpected exhalation of air that came from what was thought to be the corpse of Scottish Labour.

In 2015, Labour lost 40 of its 41 Scottish seats as the SNP rocketed from six to 56, was wiped out in its Glaswegian heartlands, and looked to have ceded its place as the choice of centre-left voters – perhaps permanently – to the Nationalists. But while the electorate’s convulsion in June against the SNP’s insistence on a second independence referendum most benefited Ruth Davidson, it also served to reanimate Labour.

The six seats grabbed back (making a total of seven) included three in the West of Scotland, proving that the Nat stranglehold on Labour’s territory was not quite as secure as it had seemed. There is, it appears, life in the old dog yet.

Not only that, but the surprise success of Jeremy Corbyn across the UK has stiffened Labour’s spine when it comes to insisting that it, and not the SNP, is the rightful home of Scotland’s socialists.

Corbyn was largely kept south of the border during the election campaign – Kezia Dugdale, the leader at Holyrood, had supported Owen Smith’s leadership challenge. But in August, Corbyn will embark on a five-day tour of marginal SNP constituencies that Labour could potentially take back at the next election. The party has set a target of reclaiming 18 Scottish seats as part of the 64 it needs across Britain to win a majority at Westminster. The trip will focus on traditional areas such as Glasgow and Lanarkshire, where tiny swings would return seats to the People’s Party. Dugdale is no doubt hoping for some reflected glory.

Corbyn will present himself as the authentically left-wing choice, a leader who will increase public spending and invest in public services compared to the austerity of the Tories and the timidity of the SNP. “Labour remains on an election footing as a government-in-waiting, ready to end failed austerity and ensure that Scotland has the resources it needs to provide the public services its people deserve,” he said. “Unlike the SNP and the Tories, Labour will transform our economy through investment, insisting that the true wealth creators - that means all of us – benefit from it.”

The SNP has benefited in recent years from the feeling among many north of the border that Labour and the Tories were committed to differing shades of a similar economic programme, that was starving public services of cash and that paid little attention to Scottish desires or needs. But as the Nats’ spell in government in Edinburgh has worn on, first under Alex Salmond and now Nicola Sturgeon, with little being done to tackle the nation’s social problems, patience has started to run out.

Dugdale said yesterday that she “looked forward to joining Jeremy in August as we take our message to the people of Scotland”. That’s not a sentiment we would have heard from her before June. But it does raise the future spectacle of Davidson’s Tories battling for the centre and centre-right vote and Labour gunning for the left. The SNP, which has tried to be all things to all people, will have to make a choice – boasting that it is “Scotland’s Party” is unlikely to be enough.

The 20th anniversary of the referendum that delivered the Scottish Parliament is almost upon us. Then, Scottish Labour provided the UK and the Westminster government with figures of the stature of Gordon Brown, Robin Cook, Donald Dewar and George Robertson. That was a long time ago, and the decline in quality of Labour’s representatives both in London and Edinburgh since has been marked. The SNP’s decade of success has attracted much of the brightest new talent through its doors. Young Scots still seem to be set on the idea of independence. Labour has a credibility problem that won’t be easily shaken off.

But still, the body has twitched – perhaps it’s even sitting up. Is Scottish Labour on the way back? If so, is that down to the SNP’s declining popularity or to Corbyn’s appeal? And could Dugdale be a convincing frontwoman for a genuinely left-wing agenda?

There may be trouble ahead. Yesterday, the Scottish Labour Campaign for Socialism – whose convener, Neil Findlay MSP, ran Corbyn’s leadership campaign in Scotland – accused Dugdale of “holding Corbyn back” in June. A spokesperson for the group said: “While it’s great we won some seats back, it’s clear that the campaign here failed to deliver. While elsewhere we've seen people being enthused by ‘for the many, not the few’ we concentrated on the dispiriting visionless ‘send Nicola a message’ – and paid a price for that, coming third in votes and seats for the first time in a century. In Scotland we looked more like [former Scottish leader] Jim Murphy’s Labour Party than Jeremy Corbyn’s – and that isn’t a good look.”

While the group insists this isn’t intended as a challenge to Dugdale, that might change if Corbyn receives a rapturous reception in August. We’ll learn then whether Scotland is falling for the high-tax, high-spending pitch that seems to be working so well elsewhere, and whether Scottish Labour has jerked back to life only to find itself staring down the barrel of a civil war.

Chris Deerin is the New Statesman's contributing editor (Scotland).