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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Jeremy Corbyn's won a monumental victory - but it's more delicate than it looks

The need for peace on the left is overwhelming. 

It is perverse, absurd even, that in the aftermath of such a monumental victory Jeremy Corbyn must immediately talk of coalition building and compromise. Previous winners of internal struggles – most notably Tony Blair and Neil Kinnock – certainly did nothing of the sort, and Corbyn’s victory is bigger than theirs. To an extent, this is not the victory of one set of ideas but the establishment of a new party altogether – with a completely different centre of gravity and an almost completely new membership. 

That new Labour party – and core project that has built around Corbyn’s leadership – is itself a delicate network of alliances. The veterans of big social movements, from the Iraq War to the anti-austerity protests of 2011, find themselves in bed with left-leaning cosmopolitan modernisers and the reanimated remnants of the old Labour left. All parts of the coalition have reason for hubris, to believe that this new formation – complex enough as it is already, and filled with ideas and energy – can carry the Corbyn project into Number 10 with or without the co-operation of his Labour colleagues and the wider left. 

That vision is a mirage. Labour has undergone the biggest membership surge in its history, and is now the biggest left of centre party in Europe. As John Curtis has pointed out, the party’s support has maintained a high floor relative to the level of infighting and sniping over the summer, in part because of Corbyn’s strong appeal to Labour’s base. But the bleak electoral outlook, compounded by boundary changes, requires us to do more than read out lines from pre-written scripts. We must all, from a position of strength, stare death in the face.

The terms of peace with the Labour right must be negotiated carefully. There can be no negotiating away of internal democracy in the selection of candidates or national policy-setting; doing so would permanently weaken the left’s hand and allow Corbyn’s detractors in parliament to run riot. And in policy terms, Corbyn cannot compromise basic anti-austerity principles – not just because doing so would be a betrayal that would demobilise Labour’s new base, but because the project of triangulation pioneered by Ed Milliband is a tried and tested electoral failure. 

And yet the need for peace is overwhelming. At a grassroots level, Owen Smith’s support was not made up of hardened Blairites. Many of them, unlike Smith himself, really did share Corbyn’s political vision but had been ground down and convinced that, regardless of the rights and wrongs, there could be no end to Labour’s civil war without new leadership. The left’s job is to prove those people, and the politicians who claim to represent them, wrong. 

Labour’s assorted hacks – on left and right – often forget how boring and irrelevant the search for Labour’s soul looks to a wider public that long ago left behind party tribalism. The intellectual task ahead of us is about framing our politics in a comprehensible, modernising way – not creating a whole new generation of people who know Kinnock’s 1985 conference speech by rote. 

A united Labour Party, free to focus on shifting the consensus of British politics could well change history. But the grim realities of the situation may force us to go even further. To get a majority at the next election, Labour will need to gain 106 seats – a swing not achieved since 1997. 

Add to that the socially conservative affirmation of the Brexit vote, and the left’s profound confusion in terms of what to do about it, and the challenge of getting a Labour Prime Minister – regardless of who they are or what they stand for – looks like an unprecedented challenge. That unprecedented challenge could be met by an unprecedented alliance of political forces outside the Labour party as well as inside it. 

In order for Labour to win under the conditions set by the boundary review, everything has to be calibrated right. Firstly, we need an energised, mass party which advocates radical and popular policies. Secondly, we need the party not to tear itself apart every few months. And yes, finally, we may well need an honest, working arrangement between Labour, the Greens, and other progressive parties, including even the Lib Dems. 

Exactly how that alliance would be constituted – and how far it would be under the control of local parties – could be the matter of some debate. But there is every chance of it working – especially if the terms of the next general election take place in the context of the outcome of a Brexit negotiation. 

The starting point for that journey must be a recognition on the part of Corbyn’s opponents that the new Labour party is not just the overwhelming democratic choice of members, but also – with a mass activist base and a mostly popular programme – the only electable version of the Labour party in the current climate. For the left’s part, we must recognise that the coalition that has built around Corbyn is just the core of a much wider set of alliances – inside Labour and perhaps beyond.