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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Theresa May can play big fish with devolved nations - in the EU she's already a nobody

The PM may have more time for domestic meetings in future. 

Theresa May is sitting down with representatives from Scotland, Northern Ireland and Wales on Monday to hear their concerns about Brexit. 

For the devolved nations, it is the first chance since the seismic vote in June to sit down at a table and talk to the Prime Minister together. 

May has reportedly offered them a "direct line" to Brexit secretary David Davis. It must be a nice change for her to be the big fish in the small pond, rather than the small fish in the big pond that everyone's already sick of. 

Because, when it comes to the EU, the roles of Westminster and other nations is reversed. 

Brexit was small potatoes on the menu of Theresa May’s first European Council summit. It may hurt British pride but the other 27 heads of state and government had far more pressing issues on their plate to worry about.

So, it was an awkward debut Council evening meal of lamb and figs for Prime Minister Theresa May and dinner was served with a large reality check.

As May was later asked at her press conference, why would anyone listen to someone who already has one foot out the door?

Britain is in limbo until it triggers article 50, the legal process taking it out of the EU. Until that happens, it will be largely and politiely ignored.

May’s moment to shine didn’t come until 1am. She spoke on Brexit for “five minutes maximum” and said “nothing revolutionary”, EU sources briefed later.

May basically did that break-up talk. The one where someone says they are leaving but “we can still be friends”. The one where you get a divorce but refuse to leave the house. 

It was greeted in the way such moments often are – with stony silence. Brexit won’t be seriously discussed until article 50 is triggered, and then the negotiations will be overseen by the European Commission, not the member states.

As became rapidly clear after the vote to leave and in sharp contrast to the UK government, the EU-27 was coordinated and prepared in its response to Brexit. That unity, as yet, shows no sign of cracking.

German Chancellor Angela Merkel later damned May with faint praise. She hadn’t said anything new but it was nice to hear it in person, she told reporters.

Merkel, as she often does, had a successful summit. She needed Council conclusions on migration that would reassure her skittish voters that the doors to Germany are no longer thrown wide open to migrants. Germany is one of the member states to have temporarily reintroduced border checks in the passport-free Schengen zone

The conclusions said that part of returning to Schengen as normal was “adjusting the temporary border controls to reflect the current needs”.

This code allows Merkel and her Danish allies to claim victory back home, while allowing Slovakia, which holds the rotating Presidency of the EU, enough of an excuse to insist it has not overseen the effective end of Schengen.

But Merkel’s migration worries did not provide hope for the British push for immigration controls with access to the single market. The Chancellor, and EU chiefs, have consistently said single market access is conditional on the free movement of people. So far this is a red line.

Everyone had discussed the EU’s latest responses to the migration crisis at a summit in Bratislava. Everyone apart from May. She was not invited to the post-Brexit meeting of the EU-27.

She tried to set down a marker, telling her counterparts that the UK wouldn’t just rubberstamp everything the EU-27 cooked up.

This was greeted with a polite, friendly silence. The EU-27 will continue to meet without Britain.

Francois Hollande told reporters that if May wanted a hard Brexit, she should expect hard negotiations.

Just the day before Alain Juppe, his likely rival in next year’s presidential election, had called for the UK border to be moved from Calais to Kent.

Hollande had to respond in kind and the Brussels summit gave him the handy platform to do so. But once inside the inner sanctum of the Justus Lipsius building, it was Syria he cared about. He’s enjoyed far more foreign than domestic policy success.

May had called for a “unified European response” to the Russian bombing of Aleppo. It was a break in style from David Cameron, who is not fondly remembered in Brussels for his habit of boasting to the news cameras he was ready to fight all night for Britain and striding purposefully into the European Council. 

Once safely behind closed doors, he would be far more conciliatory, before later claiming another triumph over the Eurocrats at a pumped-up press conference.

May could point to Council conclusions saying that all measures, including sanctions, were on the table if the Russian outrages continue. But her victory over countries such as Italy and Greece was only achieved thanks to support from France and Germany. 

The national success was also somewhat undermined by the news Russian warships were in the Channel, and that the Brexit talks might be in French.

But even warships couldn’t stop the British being upstaged by the Belgian French-speaking region of Wallonia. Its parliament had wielded an effective veto on Ceta, the EU-Canada trade deal.

Everyone had skin in this game. All the leaders, including May, had backed CETA, arguing the removal of almost all custom duties would boost trade the economy. Belgium’s Prime Minister Charles Michel was forced to tell exasperated leaders he could not force one of Belgium’s seven parliaments to back CETA, or stop it wrecking seven years of painstaking work.

As the news broke that Canada’s trade minister Chrystia Freeland had burst into tears as she declared the deal dead, everyone – not the first time during the summit – completely forgot about Britain and its referendum.

Even as the British PM may be enjoying a power trip in her own domestic union of nations, on the international stage, she is increasingly becoming irrelevant. 

James Crisp is the news editor at EurActiv, an online EU news service.