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 still have time to change our minds on Brexit

The British people will soon find they have been misled. 

On the radio on 29 March 2017, another "independence day" for rejoicing Brexiteers, former SNP leader Alex Salmond and former Ukip leader Nigel Farage battled hard over the ramifications of Brexit. Here are two people who could be responsible for the break-up of the United Kingdom. Farage said it was a day we were getting our country back.

Yet let alone getting our country back, we could be losing our country. And what is so frustrating is that not only have we always had our country by being part of the European Union, but we have had the best of both worlds.

It is Philip Hammond who said: “We cannot cherry pick, we cannot have our cake and eat it too”. The irony is that we have had our cake and eaten it, too.

We are not in Schengen, we are not in the euro and we make the laws that affect our daily lives in Westminster – not in Europe – be it our taxes, be it our planning laws, be it business rates, be it tax credits, be it benefits or welfare, be it healthcare. We measure our roads in miles because we choose to and we pour our beer in pints because we choose to. We have not been part of any move towards further integration and an EU super-state, let alone the EU army.

Since the formation of the EU, Britain has had the highest cumulative GDP growth of any country in the EU – 62 per cent, compared with Germany at 35 per cent. We have done well out of being part of the EU. What we have embarked on in the form of Brexit is utter folly.

The triggering of Article 50 now is a self-imposed deadline by the Prime Minister for purely political reasons. She wants to fix the two-year process to end by March 2019 well in time to go into the election in 2020, with the negotiations completed.

There is nothing more or less to this timing. People need to wake up to this. Why else would she trigger Article 50 before the French and German elections, when we know Europe’s attention will be elsewhere?

We are going to waste six months of those two years, all because Prime Minister Theresa May hopes the negotiations are complete before her term comes to an end. I can guarantee that the British people will soon become aware of this plot. The Emperor has no clothes.

Reading through the letter that has been delivered to the EU and listening to the Prime Minister’s statement in Parliament today amounted to reading and listening to pure platitudes and, quite frankly, hot air. It recalls the meaningless phrase, "Brexit means Brexit".

What the letter and the statement very clearly outlined is how complex the negotiations are going to be over the next two years. In fact, they admit that it is unlikely that they are going to be able to conclude negotiations within the two-year period set aside.

That is not the only way in which the British people have been misled. The Conservative party manifesto clearly stated that staying in the single market was a priority. Now the Prime Minister has very clearly stated in her Lancaster House speech, and in Parliament on 29 March that we are not going to be staying in the single market.

Had the British people been told this by the Leave campaign, I can guarantee many people would not have voted to leave.

Had British businesses been consulted, British businesses unanimously – small, medium and large – would have said they appreciate and benefit from the single market, the free movement of goods and services, the movement of people, the three million people from the EU that work in the UK, who we need. We have an unemployment rate of under 5 per cent – what would we do without these 3m people?

Furthermore, this country is one of the leaders in the world in financial services, which benefits from being able to operate freely in the European Union and our businesses benefit from that as a result. We benefit from exporting, tariff-free, to every EU country. That is now in jeopardy as well.

The Prime Minister’s letter to the EU talks with bravado about our demands for a fair negotiation, when we in Britain are in the very weakest position to negotiate. We are just one country up against 27 countries, the European Commission and the European Council and the European Parliament. India, the US and the rest of the world do not want us to leave the European Union.

The Prime Minister’s letter of notice already talks of transitional deals beyond the two years. No country, no business and no economy likes uncertainty for such a prolonged period. This letter not just prolongs but accentuates the uncertainty that the UK is going to face in the coming years.

Britain is one of the three largest recipients of inward investment in the world and our economy depends on inward investment. Since the referendum, the pound has fallen 20 per cent. That is a clear signal from the world, saying, "We do not like this uncertainty and we do not like Brexit."

Though the Prime Minister said there is it no turning back, if we come to our senses we will not leave the EU. Article 50 is revocable. At any time from today we can decide we want to stay on.

That is for the benefit of the British economy, for keeping the United Kingdom "United", and for Europe as a whole – let alone the global economy.

Lord Bilimoria is the founder and chairman of Cobra Beer, Chancellor of the University of Birmingham and the founding Chairman of the UK-India Business Council.