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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Building peace in a dangerous world needs resources, not just goodwill

Conflict resolution is only the first step.

Thursday 21 September is the UN-designated International Day of Peace. At noon on this day, which has been celebrated for the last 25 years, the UN general secretary will ring the Peace Bell on the UN headquarters in New York and people of good will around the world will take part in events to mark the occasion. At the same time, spending on every conceivable type of weaponry will continue at record levels.

The first couple of decades after the end of the Cold War saw a steady reduction in conflict, but lately that trend seems to have been reversed. There are currently around 40 active armed conflicts around the world with violence and suffering at record levels. According to the 2017 Global Peace Index worldwide military spending last year amounted to a staggering $1.7 trillion and a further trillion dollars worth of economic growth was lost as a result. This compares with around 10 billion dollars spent on long term peace building.

To mark World Peace Day, International Alert, a London-based non-government agency which specialises in peace building, is this week publishing Redressing the Balance, a report contrasting the trivial amounts spent on reconciliation and the avoidance of war with the enormous and ever growing global military expenditure.  Using data from the Institute for Economics and Peace, the report’s author, Phil Vernon, argues that money spent on avoiding and mitigating the consequences of conflict is not only morally right, but cost-effective – "every dollar invested in peace building reduces the cost of conflict".

According to Vernon, "the international community has a tendency to focus on peacemaking and peacekeeping at the expense of long term peace building."  There are currently 100,000 soldiers, police and other observers serving 16 UN operations on four continents. He says what’s needed instead of just peace keeping is a much greater sustained investment, involving individuals and agencies at all levels, to address the causes of violence and to give all parties a stake in the future. Above all, although funding and expertise can come from outside, constructing a durable peace will only work if there is local ownership of the process.

The picture is not wholly depressing. Even in the direst conflicts there are examples where the international community has help to fund and train local agencies with the result that local disputes can often be settled without escalating into full blown conflicts. In countries as diverse as East Timor, Sierra Leone, Rwanda and Nepal long term commitment by the international community working with local people has helped build durable institutions in the wake of vicious civil wars. Nearer to home, there has long been recognition that peace in Ireland can only be sustained by addressing long-standing grievances, building resilient institutions and ensuring that all communities have a stake in the outcome.

At a micro level, too, there is evidence that funding and training local agencies can contribute to longer term stability. In the eastern Congo, for example, various non-government organisations have worked with local leaders, men and women from different ethnic groups to settle disputes over land ownership which have helped fuel 40 years of mayhem. In the Central African Republic training and support to local Muslim and Christian leaders has helped reduce tensions. In north east Nigeria several agencies are helping to reintegrate the hundreds of traumatised girls and young women who have escaped the clutches of Boko Haram only to find themselves rejected by their communities.

Peace building, says Vernon, is the poor cousin of other approaches to conflict resolution. In future, he concludes, it must become a core component of future international interventions. "This means a major re-think by donor governments and multilateral organisations of how they measure success… with a greater focus placed on anticipation, prevention and the long term." Or, to quote the young Pakistani winner of the Nobel Peace Prize, Malala Yousufzai: "If you want to avoid war, then instead of sending guns, send books. Instead of tanks, send pens. Instead of soldiers, send teachers."

Redressing the Balance by Phil Vernon is published on September 21.   Chris Mullin is the chairman of International Alert.