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.

Photo: Getty Images
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What do Labour's lost voters make of the Labour leadership candidates?

What does Newsnight's focus group make of the Labour leadership candidates?

Tonight on Newsnight, an IpsosMori focus group of former Labour voters talks about the four Labour leadership candidates. What did they make of the four candidates?

On Andy Burnham:

“He’s the old guard, with Yvette Cooper”

“It’s the same message they were trying to portray right up to the election”​

“I thought that he acknowledged the fact that they didn’t say sorry during the time of the election, and how can you expect people to vote for you when you’re not actually acknowledging that you were part of the problem”​

“Strongish leader, and at least he’s acknowledging and saying let’s move on from here as opposed to wishy washy”

“I was surprised how long he’d been in politics if he was talking about Tony Blair years – he doesn’t look old enough”

On Jeremy Corbyn:

"“He’s the older guy with the grey hair who’s got all the policies straight out of the sixties and is a bit of a hippy as well is what he comes across as” 

“I agree with most of what he said, I must admit, but I don’t think as a country we can afford his principles”

“He was just going to be the opposite of Conservatives, but there might be policies on the Conservative side that, y’know, might be good policies”

“I’ve heard in the paper he’s the favourite to win the Labour leadership. Well, if that was him, then I won’t be voting for Labour, put it that way”

“I think he’s a very good politician but he’s unelectable as a Prime Minister”

On Yvette Cooper

“She sounds quite positive doesn’t she – for families and their everyday issues”

“Bedroom tax, working tax credits, mainly mum things as well”

“We had Margaret Thatcher obviously years ago, and then I’ve always thought about it being a man, I wanted a man, thinking they were stronger…  she was very strong and decisive as well”

“She was very clear – more so than the other guy [Burnham]”

“I think she’s trying to play down her economics background to sort of distance herself from her husband… I think she’s dumbing herself down”

On Liz Kendall

“None of it came from the heart”

“She just sounds like someone’s told her to say something, it’s not coming from the heart, she needs passion”

“Rather than saying what she’s going to do, she’s attacking”

“She reminded me of a headteacher when she was standing there, and she was quite boring. She just didn’t seem to have any sort of personality, and you can’t imagine her being a leader of a party”

“With Liz Kendall and Andy Burnham there’s a lot of rhetoric but there doesn’t seem to be a lot of direction behind what they’re saying. There seems to be a lot of words but no action.”

And, finally, a piece of advice for all four candidates, should they win the leadership election:

“Get down on your hands and knees and start praying”

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.