Leveson: The latest press disinformation campaign

The noise about supposed Leveson "outrages" is getting worse, says Brian Cathcart.

Three weeks ago the great former Sunday Times editor Sir Harry Evans accused the national press of gross distortion and staggering misrepresentation in their coverage of Lord Justice Leveson’s report. Well, since then it has got a lot worse.

The papers have turned their megaphone up even louder and, using a range of distortions, misrepresentations and downright lies, they are trying to drown out all reasoned discussion of the Leveson report in the hope that it will vanish for good.

Most of the noise is not about regulation, which is the core of the report. Instead it is about other supposed Leveson outrages relating to whistleblowers, journalistic sources and other matters.

The aim is to muddy the waters around press self-regulation. Editors and proprietors want to conceal the fact that they are engaged in disreputable secret negotiations with ministers for the purpose of sabotaging Leveson.

Before looking at the misinformation campaign, we need to look at what is happening about the Leveson recommendations on regulation.

You may remember that the judge offered papers the chance to set up their own independent self-regulator. But to protect the public and ensure that this self-regulator did not just turn out to be another Press Complaints Commission, he also proposed the establishment of a "recognition body" which every three years would check that the self-regulator met various basic standards.

Although Leveson said this recognition body must be totally independent of both the press and politicians, and must be backed by statute, David Cameron promptly threw a spanner in the works by coming out against any legislation. So now instead Conservative ministers want to create the recognition body by royal charter.

They published their draft of this charter last week and it was a scandalous document, because ministers had secretly allowed editors and proprietors to rewrite it to suit their own interests. If that royal charter were adopted, the press would escape accountability.

If you were an editor you would want your readers looking elsewhere while you engaged in such a disgraceful political fix, and this is what is happening. The megaphone has been turned up, and we are having distractions shouted at us.

Now let’s deal with the distractions in turn.

1. Whistleblowers

We are told that Leveson’s proposals mean it will be harder, or even impossible, for whistleblowers to bring stories of wrongdoing to the press. This is completely false, and you can read a full explanation here. In brief, Leveson in his report declared that whistleblowing was "justified and legitimate", although he pointed out that in the case of the police service it might be a good idea if staff also had the alternative of reporting misconduct internally, rather than their only option being to go to the press. That’s it.

2. Journalistic sources

Several papers have said that Leveson’s recommendations on the Police and Criminal Evidence Act (PACE) pose a serious threat to the confidentiality of journalistic sources. Again this is a perverse reading of the report, as explained fully here. Leveson writes (part J, chapter 2, paragraph 9.3 onwards) of submissions by the Metropolitan Police making the case that under PACE "journalistic material" is too often kept beyond the reach of police officers conducting investigations. The Met suggested changes to the law.

Leveson says that since he has heard no other views on this besides the Met’s he can’t make a clear recommendation. Instead he tells the Home Office, "without pre-judging any conclusion", that it should "consider and, if necessary, consult upon" possible changes to PACE. And the Home Office has duly said it will consult, specifically inviting comments on the impact of the suggested changes on the protection of journalistic sources.

So Leveson did not recommend making it easier for police to seize documents from journalists. He said he had only heard one half of the story and gently suggested to the Home Office that it should consider getting the whole story. This the Home Office has begun doing.

3. Exemplary damages

Lord Justice Leveson’s proposals for an independent press self-regulator would not compel news publishers to participate. Instead he proposed a number of sticks and carrots, including some in relation to exemplary damages in court which have been described as Draconian, illiberal and in conflict with the Human Rights Act (HRA). All of these descriptions are misguided, as is explained here. No paper that observed a self-regulator’s code, or that avoided behaving in an outrageous and illegal fashion, would ever even face the risk of such damages (which are not in themselves new). Nor, according to our legal advice and the government’s, would the proposals breach the HRA. (And if by chance editors are right in believing they breach it, then they will be able to challenge it successfully in the courts, so they have nothing to worry about.)

As a more general point, the sticks and carrots are a substitute for compelling papers to join a regulator, something that editors strongly opposed. Are they now demanding that the sticks be made of rubber?

4. Data protection

Leveson makes recommendations for reform of the Data Protection Act, which, as he demonstrated at length, has failed to protect the private information of ordinary people in the way it was supposed to. In particular, its sweeping exemptions of news organisations allowed the abuses seen in the Motorman scandal, and its feeble penalties meant not only that offences went unpunished but also that it was barely worth mounting prosecutions in the first place.

Leveson’s proposals on data protection are characterised by some newspapers and some journalists as Draconian. They are not; they are meant to protect ordinary people. Are they a threat to investigative journalism? Some say that they are, and we will no doubt find out, because the Ministry of Justice, which has responsibility for any legal changes, has said that it will consult on any amendments before taking any step towards amending the law. If there really is any threat to serious journalism in what they propose, Hacked Off will be among those opposing it.

5. Arrests of journalists

Yes, journalists continue to be arrested in the police investigations into hacking and alleged corruption. This has nothing whatever to do with Leveson, who made no comments or recommendations about active police operations in his report. The police and the Crown Prosecution Service are presumably doing their jobs, and if by any chance they are exceeding their remit they will doubtless get in trouble for it – the journalists, after all, have lawyers to represent their interests, indeed many of them have very expensive lawyers paid for by News International.

6. Arbitration

Leveson proposed an arbitration service that would give redress to ordinary people who feel they have been wronged by the press, while at the same time sparing them the effort and the vast expense of fighting a case through the courts. This simple idea is now portrayed as too expensive for newspapers, and particularly regional newspapers. This is a misunderstanding, as is explained in full here. The scheme would cost most to those papers that used it most, and those would not be regional newspapers. And it would normally spare newspapers the far higher costs of going to court. Suggestions that papers will be flooded with arbitration claims are not supported by any evidence (and they hardly say much for papers‘ confidence in the quality of their journalism).

7. The Defamation Bill

The claim is made that a hard-fought campaign for much-needed reform of our libel laws is about to be derailed by Hacked Off among others, by the use of a series of Leveson-inspired wrecking amendments to the current Defamation Bill. Nonsense again.

Hacked Off supports the Defamation Bill and we had no role whatsoever in the cross-party amendments adopted by the House of Lords that are intended to introduce parts of the Leveson recommendations. We were surprised by the terms of the amendments and in debate some sympathetic peers tried to alter them at our suggestion, but it was too late.

At the same time, we sympathise entirely with the frustration of peers (they voted two to one for the amendments) at the failure of government to implement the Leveson recommendations. If, as a result of the amendments, the Conservatives now abandon the Defamation Bill entirely, that will be entirely their responsibility, and also a sign that ministers are afraid to face any vote in the Commons relating to Leveson.

Brian Cathcart is director of Hacked Off. He tweets at @BrianCathcart. This post originally appeared on hackinginquiry.org, and is crossposted here with permission.

Lord Justice Leveson. Photograph: Getty Images

Brian Cathcart is Director of Hacked Off. He tweets as @BrianCathcart.

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“We can’t do this again”: Labour conference reactions to Jeremy Corbyn’s second victory

Overjoyed members, determined allies and concerned MPs are divided on how to unite.

“I tell you what, I want to know who those 193,229 people are.” This was the reaction of one Labour member a few rows from the front of the stage, following the announcement of Jeremy Corbyn’s victory at the Labour party conference. She was referring to support received by his defeated contender, Owen Smith, who won 38.2 per cent of the vote (to Corbyn’s 61.8 per cent).

But it’s this focus on the leader’s critics – so vehement among many (and there are a lot of them) of his fans – that many politicians, of either side, who were watching his victory speech in the conference hall want to put an end to.

“It’s about unity and bringing us all together – I think that’s what has to come out of this,” says shadow cabinet member and MP for Edmonton Kate Osamor. “It shouldn’t be about the figures, and how many votes, and his percentage, because that will just cause more animosity.”

Osamor, who is supportive of Corbyn’s leadership, is not alone in urging her colleagues who resigned from the shadow cabinet to “remember the door is never shut”.

Shadow minister and member of Labour’s National Executive Committee (NEC) Jon Ashworth – not a Corbyn loyalist, but focusing on making the shadow cabinet work together – shares the sentiment.

Standing pensively in front of the now-empty stage, he tells me he backs shadow cabinet elections (though not for every post) – a change to party rules that has not yet been decided by the NEC. “[It] would be a good way of bringing people back,” he says. “I’ve been involved in discussions behind the scenes this week and I hope we can get some resolution on the issue.”

He adds: “Jeremy’s won, he has to recognise a number of people didn’t vote for him, so we’ve got to unite.”

The former Foreign Secretary Margaret Beckett, another MP on the NEC, is sitting in the audience, looking over some documents. She warns that “it’s impossible to tell” whether those who resigned from Corbyn’s shadow cabinet would be willing to return, and is concerned about talent being wasted.

“We have a lot of excellent people in the party; there are new people now in the shadow cabinet who have had a chance to show their mettle but you need experience as well as ability,” she says.

Beckett, who has urged Corbyn to stand down in the past, hopes “everybody’s listening” to his call for unity, but questions how that will be achieved.

“How much bad blood there is among people who were told that there was plotting [against Corbyn], it’s impossible to tell, but obviously that doesn’t make for a very good atmosphere,” she says. “But Jeremy says we’ll wipe the slate clean, so let’s hope everybody will wipe the slate clean.”

It doesn’t look that way yet. Socialist veteran Dennis Skinner is prowling around the party conference space outside the hall, barking with glee about Corbyn’s defeated foes. “He’s trebled the membership,” he cries. “A figure that Blair, Brown and Prescott could only dream about. On average there’s more than a thousand of them [new members] in every constituency. Right-wing members of the parliamentary Labour party need to get on board!”

A call that may go unheeded, with fervent Corbyn allies and critics alike already straying from the unity message. The shadow justice secretary Richard Burgon is reminding the PLP that, “Jeremy’s won by a bigger margin this time”, and telling journalists after the speech that he is “relaxed” about how the shadow cabinet is recruited (not a rallying cry for shadow cabinet elections).

“If Jeremy wants to hold out an olive branch to the PLP, work with MPs more closely, he has to look very seriously at that [shadow cabinet elections]; it’s gone to the NEC but no decision has been made,” says Louise Ellman, the Liverpool MP and transport committee chair who has been critical of Corbyn’s leadership. “That might not be the only way. I think he has to find a way of working with MPs, because we’re all elected by millions of people – the general public – and he seems to dismiss that.”

“If he sees it [his victory] as an endorsement of how he’s been operating up until now, the problems which led to the election being called will remain,” Ellman warns. “If we’re going to be a credible party of government, we’ve got to reach out to the general electorate. He didn’t say anything about that in his speech, but I hope that perhaps now he might feel more confident to be able to change direction.”

Corbyn may have called for cooperation, but his increased mandate (up from his last stonking victory with 59.5 per cent of the vote) is the starkest illustration yet of the gulf between his popularity in Parliament and among members.

The fact that one attempt at a ceasefire in the party’s civil war – by allowing MPs to vote for some shadow cabinet posts – is in contention suggests this gulf is in danger of increasing.

And then where could the party be this time next year? As Osamor warns: “We should not be looking at our differences, because when we do that, we end up thinking it’s a good thing to spend our summer having another contest. And we can’t. We can’t do this again.”

Anoosh Chakelian is deputy web editor at the New Statesman.