Leveson must mark the beginning of change, not the end

We need a new platform-neutral regulator that no longer treats newspapers, broadcasters and websites as if they live in discrete little boxes.

Could the backdrop for publication of the Leveson report this week be worse? A polarised debate between press and campaigners; serious political divisions; and another media crisis - this time at the BBC - eroding public trust even further.

Lord Justice Leveson must take a bleak view of the prospects for building consensus around his recommendations. But there is a bigger danger and the Leveson report will, at best, address only some of the issues confronting Britain’s media. Economically, our traditional media is under severe strain. Circulations for print publications are falling, advertising revenues migrating online and digital revenues growing at only a snail’s pace for the creators of traditional print and television content. According to media regulator, Ofcom, the only growth in readership for our national newspapers is online, and that is currently not where the money is. The so-called print to digital "profit destruction ratio" could be as much as 25:1. 

In a report published by the IPPR today, I argue that once they have taken delivery of the Leveson report, our politicians will need to look much more broadly at the prospects for growth in our media sector.  Leveson should mark the beginning of the process of change, not the end. We need to take a new approach to media regulation. One which is no longer treats newspapers, broadcasters and online services as if they live in discrete little boxes. That’s not where consumers are today. And it certainly won’t be where consumers are by the time a new regulatory regime comes into force.

True, many people remain excluded from the digital revolution, but more than half of households today have three or more internet enabled devices. According to Ofcom, when people buy an iPad or other tablet device, 25 per cent of people say they read a paper copy of a newspaper less often. A new approach should offer more freedom for media companies to innovate and develop new business models and at the same time deliver more consistent standards across the board. 

To do this, we can build on our current system of independent regulators, but shift the focus on to content rather than delivery methods. So, for example, one regulator to deal with news publishing on all platforms, one to deal with broadcast news content, with its special requirement to maintain impartiality, one to deal with general non-news content across all platforms, broadcast and on demand. Each body would involve the industry and lay representatives, including consumers in developing standards and monitoring and enforcing compliance. But they must have teeth, and it must be a requirement for all qualifying organisations to take part. For that you need a statutory backstop.  

Independent and statutory regulation are not mutually exclusive. Advertising and on demand programming have both. ITV is completely under the umbrella of statutory regulation, but that didn’t stop the broadcaster investigating and breaking the Savile story. The backstop role that Ofcom performs for some sectors should be extended to all media. Stepping back from day to day regulation of content would enable Ofcom to take a broader view, helping to develop consistent standards across media on matters such as the protection of privacy and the public interest. 

A new News Publishing Authority would be created as part of this framework as a replacement for the PCC. It would be platform neutral, dealing with print and online services. It would also deal with news video, ending the current risk that newspapers could fall under a new regulator if they develop opinionated TV-like content for distribution online and on demand. Only news publishers over certain size should be required to sign up, and the new body would continue to perform many of the current functions of the PCC, including handling complaints, offering pre-publication advice to complainants and giving guidance to editors. It should also involve industry as well as lay representation, as now. But it must have recourse to Ofcom’s back-stop powers when needed: to compel membership; arbitrate effectively; and apply effective sanctions. 

The public want stricter regulation and the key is to develop a system that is as sensitive to press freedom and the future economic viability of our media as it is possible to be. And that is what this solution proposes. Assessments of media plurality should become platform neutral too. Judgements on concentrations of power and influence should be taken using a range of measures, with consideration given to the continuing viability of established titles and media groups. 

Setting hard ownership limits within particular media segments – like the printed press – may be politically attractive, but if the result is simply the closure of unprofitable newspaper titles, then what does that achieve for plurality and consumer choice? After the fiasco over News Corp's attempted takeover of BSkyB, the so-called quasi-judicial role for the Secretary of State should be abolished too, with Ofcom taking responsibility for media competition and plurality issues with enhanced accountability to Parliament. The UK benefits from one of the most vibrant and diverse media markets in the world. Alongside a lively free press and an abundance of new media players, we have superb public service broadcasters. In the new world, as all traditional media comes under strain, our broadcasters need more security over their long term status and funding. In the case of the publicly-funded BBC this should come with a greater external scrutiny, continuing to work alongside the BBC Trust. 

Without a new regulatory settlement, in a few years time the rich media mix the UK enjoys today of old and new, serious and frivolous, impartial and opinionated could disappear. A traditional industry that is already struggling economically will be hamstrung and unable to compete with new media players. There’ll be no shortage of choice, and aggregation software will help us find it. But will it be worth reading or watching? Leveson will be important. But let’s not get sidetracked into yesterday’s arguments about whether or not a "dab of statute" signals the death knell for free and investigative journalism. There are bigger risks and they require a broader view and a more comprehensive solution. 

Nigel Warner is a former government media policy adviser and author of Life after Leveson, published today by the IPPR

Hugh Grant, one of those leading calls for stricter press regulation, meets David Cameron during last year's Conservative Party Conference in Manchester. Photograph: Getty Images.

Nigel Warner is a former government media policy adviser and an associate fellow at the IPPR.

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Why Angela Merkel's comments about the UK and US shouldn't be given too much weight

The Chancellor's comments are aimed at a domestic and European audience, and she won't be abandoning Anglo-German relationships just yet.

Angela Merkel’s latest remarks do not seem well-judged but should not be given undue significance. Speaking as part of a rally in Munich for her sister party, the CSU, the German Chancellor claimed “we Europeans must really take our own fate into our hands”.

The comments should be read in the context of September's German elections and Merkel’s determination to restrain the fortune of her main political rival, Martin Schulz – obviously a strong Europhile and a committed Trump critic. Sigmar Gabriel - previously seen as a candidate to lead the left-wing SPD - has for some time been pressing for Germany and Europe to have “enough self-confidence” to stand up to Trump. He called for a “self-confident position, not just on behalf of us Germans but all Europeans”. Merkel is in part responding to this pressure.

Her words were well received by her audience. The beer hall crowd erupted into sustained applause. But taking an implicit pop at Donald Trump is hardly likely to be a divisive tactic at such a gathering. Criticising the UK post-Brexit and the US under Trump is the sort of virtue signalling guaranteed to ensure a good clap.

It’s not clear that the comments represent that much of a new departure, as she herself has since claimed. She said something similar earlier this year. In January, after the publication of Donald Trump’s interview with The Times and Bild, she said that “we Europeans have our fate in our own hands”.

At one level what Merkel said is something of a truism: in two year’s time Britain will no longer be directly deciding the fate of the EU. In future no British Prime Minister will attend the European Council, and British MEPs will leave the Parliament at the next round of European elections in 2019. Yet Merkel’s words “we Europeans”, conflate Europe and the EU, something she has previously rejected. Back in July last year, at a joint press conference with Theresa May, she said: “the UK after all remains part of Europe, if not of the Union”.

At the same press conference, Merkel also confirmed that the EU and the UK would need to continue to work together. At that time she even used the first person plural to include Britain, saying “we have certain missions also to fulfil with the rest of the world” – there the ‘we’ meant Britain and the EU, now the 'we' excludes Britain.

Her comments surely also mark a frustration born of difficulties at the G7 summit over climate change, but Britain and Germany agreed at the meeting in Sicily on the Paris Accord. More broadly, the next few months will be crucial for determining the future relationship between Britain and the EU. There will be many difficult negotiations ahead.

Merkel is widely expected to remain the German Chancellor after this autumn’s election. As the single most powerful individual in the EU27, she is the most crucial person in determining future relations between the UK and the EU. Indeed, to some extent, it was her intransigence during Cameron’s ‘renegotiation’ which precipitated Brexit itself. She also needs to watch with care growing irritation across the EU at the (perceived) extent of German influence and control over the institutions and direction of the European project. Recent reports in the Frankfurter Allgemeine Zeitung which suggested a Merkel plan for Jens Weidmann of the Bundesbank to succeed Mario Draghi at the ECB have not gone down well across southern Europe. For those critics, the hands controlling the fate of Europe are Merkel’s.

Brexit remains a crucial challenge for the EU. How the issue is handled will shape the future of the Union. Many across Europe’s capitals are worried that Brussels risks driving Britain further away than Brexit will require; they are worried lest the Channel becomes metaphorically wider and Britain turns its back on the continent. On the UK side, Theresa May has accepted the EU, and particularly Merkel’s, insistence, that there can be no cherry picking, and therefore she has committed to leaving the single market as well as the EU. May has offered a “deep and special” partnership and a comprehensive free trading arrangement. Merkel should welcome Britain’s clarity. She must work with new French President Emmanuel Macron and others to lead the EU towards a new relationship with Britain – a close partnership which protects free trade, security and the other forms of cooperation which benefit all Europeans.

Henry Newman is the director of Open Europe. He tweets @henrynewman.

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