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.

Getty Images.
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As long as Jeremy Corbyn's Labour opponents are divided, he will rule

The leader's foes have yet to agree on when and how a challenge should take place.

Labour MPs began plotting to remove Jeremy Corbyn as leader before he even held the position. They have not stopped since. From the outset, most regarded him as electorally and morally defective. Nothing has caused them to relinquish this view.

A week before the first major elections of this parliament, Labour found itself conducting a debate normally confined to far-right internet forums: was Hitler a Zionist? For some MPs, the distress lay in how unsurprised they were by all this. Since Corbyn’s election last September, the party has become a mainstream venue for hitherto fringe discussions.

Many MPs believe that Labour will be incapable of rebuilding its standing among the Jewish community as long as Corbyn remains leader. In the 1930s, Jewish support for the party was as high as 80 per cent. “They handed you your . . . membership just after your circumcision,” quipped the father in the 1976 television play Bar Mitzvah Boy. By the time of the last general election, a poll found that support had fallen to a mere 22 per cent. It now stands at just 8.5 per cent.

Corbyn’s critics cite his typical rejection of anti-Semitism and "all forms of racism" (as if unable to condemn the former in isolation), his defence of a tweet sent by his brother, Piers (“Zionists can’t cope with anyone supporting rights for Palestine”), and his description of Hamas and Hezbollah as “friends”. The Lab­our leader dismissed the latter remark as a diplomatic nicety but such courtesy was not displayed when he addressed Labour Friends of Israel and failed to mention the country’s name. When challenged on his record of combating anti-Semitism, Corbyn frequently invokes his parents’ presence at the Battle of Cable Street, a reference that does not provide the reassurance intended. The Jewish community does not doubt that Labour has stood with it in the past. It questions whether it is prepared to stand with it in the present.

MPs say that Labour’s inept response to anti-Semitism has strengthened the moral case for challenging Corbyn. One shadow cabinet minister spoke of how the fear of “enormous reputational damage” had pushed him to the brink of resignation. As the New Statesman went to press, Corbyn’s first electoral test was looming. Every forecast showed the party on course to become the first opposition to lose council seats in a non-general-election year since 1985. Yet Corbyn appeared to insist on 3 May that this would not happen, gifting his opponents a benchmark by which to judge him.

Sadiq Khan was projected to become the party’s first successful London mayoral candidate since 2004. But having distanced himself from Corbyn throughout the race, he intends to deny him any credit if he wins. Regardless of the results on 5 May, there will be no challenge to the Labour leader before the EU referendum on 23 June. Many of the party’s most Corbyn-phobic MPs are also among its most Europhile. No cause, they stress, should distract from the defence of the UK’s 43-year EU membership.

Whether Corbyn should be challenged in the four weeks between the referendum and the summer recess is a matter of dispute among even his most committed opponents. Some contend that MPs have nothing to lose from trying and should be prepared to “grind him down” through multiple attempts, if necessary. Others fear that he would be empowered by winning a larger mandate than he did last September and argue that he must be given “longer to fail”. Still more hope that Corbyn will instigate a midterm handover to the shadow chancellor, John McDonnell, his closest ally, whom they regard as a beatable opponent.

Those who are familiar with members’ thinking describe many as “anxious” and in need of “reassurance” but determined that Corbyn receives adequate time to “set out his stall”. One shadow cabinet minister spoke of being “caught between Scylla and Charybdis” – that is, “a Labour Party membership which is ardently Corbynista and a British electorate which is ardently anti-Corbynista”. In their most pessimistic moments, some MPs gloomily wonder which group will deselect them first. The possibility that a new Conservative leader could trigger an early general election is cited by some as cause for haste and by others as the only means by which Corbynism can be definitively discredited.

The enduring debate over whether the Labour leader would automatically make the ballot if challenged (the party’s rules are ambiguous) is dismissed by most as irrelevant. Shadow cabinet members believe that Corbyn would achieve the requisite nominations. Momentum, the Labour leader’s praetorian guard, has privately instructed its members to be prepared to lobby MPs for this purpose.

There is no agreement on who should face Corbyn if his removal is attempted. The veteran MP Margaret Hodge has been touted as a “stalking horse” to lead the charge before making way for a figure such as the former paratrooper Dan Jarvis or the shadow business secretary, Angela Eagle. But in the view of a large number of shadow cabinet members, no challenge will materialise. They cite the high bar for putative leaders – the endorsement of 20 per cent of Labour MPs and MEPs – and the likelihood of failure. Many have long regarded mass front-bench resignations and trade union support as ­essential preconditions for a successful challenge, conditions they believe will not be met less than a year after Corbyn’s victory.

When Tony Blair resigned as Labour leader in 2007, he had already agreed not to fight the next general election and faced a pre-eminent rival in Gordon Brown. Neither situation exists today. The last Labour leader to be constitutionally deposed was J R Clynes in 1922 – when MPs, not members, were sovereign. Politics past and present militate against Corbyn’s opponents. There is but one man who can remove the leader: himself.

George Eaton is political editor of the New Statesman.

This article first appeared in the 06 April 2016 issue of the New Statesman, The longest hatred