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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After a year of division, a new centre is emerging in Labour

Clive Lewis, Lisa Nandy and Jonathan Reynolds show how factionalism is being transcended. 

On 26 September, Clive Lewis sat onstage at Labour’s conference in Liverpool and puffed out his cheeks in exasperation. He had just been informed that a line in his speech as shadow defence secretary committing the party to Trident renewal had been removed by Jeremy Corbyn’s office. Such was his annoyance that he was said to have later punched a wall in anger ("I punched no walls," he told me when we recently met). 

For Lewis, however, the feud proved to be a blessing. Hitherto hostile MPs hailed his pragmatism and deference to party unity (he is a long-standing opponent of Trident renewal). The former soldier also affirmed Labour’s support for Nato and for collective self-defence. “The values that underpin Nato are social-democratic values: liberty, democracy, freedom of expression,” Lewis, an early Corbyn ally, told me. “Let’s not forget, it was Clement Attlee and the New Deal Democrats who initiated and set up Nato. It’s about being in it to win it. It’s about winning the arguments inside Nato and making sure that it’s a force for good. Some people would say that’s impossible. I say you’ve got to be in it to be able to make those changes.”

In October, Lewis was replaced as shadow defence secretary by Nia Griffith and became shadow business secretary. Many regarded the appointment as a punishment. “Do I think there was an ulterior motive? I’ll never know,” Lewis said. “I’m confident that the reason I was moved – what I was told – is that they wanted me to be able to take on a big portfolio.”

Whatever the truth, Griffith has since said that Labour’s next general election manifesto will include a commitment to Trident renewal and will support multilateral, rather than unilateral, disarmament.

Many MPs had long feared that the divide between them and their leader would prove unbridgeable. Some contemplated standing on bespoke manifestos. Yet with little drama, Corbyn has retreated from a conflict that he could not win. Labour’s conference, at which the largely pro-Trident trade unions hold 50 per cent of the vote on policy and which the leader has vowed to respect, would never have endorsed unilateralism.

“Jeremy Corbyn deserves credit for that,” Lewis said. “Everyone understands that his position hasn’t changed. He still believes in unilateral disarmament . . . But he’s also a democrat, and he’s a pragmatist, despite what people say.”

In policy terms, at least, Labour will contest the next general election as a less divided party than many anticipated. As Corbyn’s team has long emphasised, there is unity around issues such as opposition to spending cuts and support for rail renationalisation. A new centre for Labour, embodied by Lewis, is emerging.

“When I became an MP,” the 45-year-old told me (he was elected in Norwich South in 2015), “to be anti-austerity, to say that cuts don’t work and they’re bad economics, meant you weren’t in touch with reality, and that you had no interest in winning elections. Within the space of 18 months, there’s now a growing consensus that cuts aren’t the way forward and that we need an industrial strategy.”

Theresa May’s support for new grammar schools and “hard Brexit” has given Labour MPs other issues to unite around. After Corbyn’s second landslide leadership victory, many of his opponents have reached the final stage of grief: acceptance. Others, as Lewis noted, are imbued with “an eager enthusiasm to make this work”. Contrary to some predictions, more than half of the 63 frontbenchers who resigned last summer have returned.

An emblematic figure is Jonathan Reynolds. The Liz Kendall supporter, who resigned as shadow transport minister in January 2016, has rejoined the front bench as shadow City minister. Earlier this year, Reynolds backed the introduction of a universal basic income, an idea that is now being explored by John McDonnell’s team (and that Barack Obama has called for “debate” on). In July, Reynolds and Lewis wrote a joint piece in support of proportional representation (PR), warning that without it “a more equal, democratic and sustainable society is less likely”.

Another advocate of PR is Lisa Nandy, the former shadow energy secretary and a friend of Lewis (on 26 October, along with Reynolds, they called for Labour to stand aside in the Richmond by-election to aid the Liberal Democrats). In the view of some, the defining divide in Labour is no longer between left and right but between open and closed. On one side are pluralists such as Lewis, Reynolds and Nandy, while on the other are tribalists such as Ian Lavery (pro-Corbyn) and John Spellar (anti-Corbyn).

The division stretches to the top, with McDonnell in favour and Corbyn opposed. “It’s a work in progress,” Lewis said of his efforts to convert the Labour leader. “There’s a growing movement of MPs who now either support PR or understand the growing necessity for it. They may not be quite there themselves, but they’re moving in that direction.”

At times since Corbyn became leader, the parliamentary party’s divisions have appeared to many to be insurmountable, even as the party in the country has grown and been inspired by Corbyn. Yet a new consensus is being forged in the PLP: anti-austerity, pro-Trident, pro-Nato and, increasingly, committed to political and constitutional reform. If there is any consolation for a becalmed Labour Party, it is that its European counterparts are faring little better. In Spain, France and Germany, an already divided left is further fragmenting.

But Labour is likely to both fight and survive the next general election as a united force. If Lewis can retain his seat in Norwich (he has a potentially vulnerable majority of 7,654), he could one day act as the bridge between the party’s “soft” and “hard” left. After a year of factional skirmishes, the common ground in which Labour’s future will be shaped is emerging.

George Eaton is political editor of the New Statesman.

This article first appeared in the 27 October 2016 issue of the New Statesman, American Rage