A Royal Charter for the benefit of newspaper editors, not the public

The ways in which the Government has altered Lord Leveson's recommendations is telling.

Crucially, it [the new regulator] must have the power to demand up-front, prominent apologies.

So said the Prime Minister, David Cameron, in his statement in response to the publication of the Leveson Report on 29th November 2012. This was one of a number of central recommendations in the report, one of what Cameron called the Leveson principles.

Yet the Royal Charter published by the Conservatives on Tuesday 12th February has removed all reference to apologies. Apologies has been replaced with the much weaker and more general remedies. This despite a key Leveson recommendation being that a new regulator should have The power to direct the nature, extent and placement of apologies. This has been changed, and replaced with the power to require (not direct) a remedy, and only after negotiations between the member of public and the newspaper have failed:

In the event of no agreement between a complainant and a subscriber, the power to require the nature, extent and placement of a remedy should lie with the Board (Royal Charter, Schedule 3, #16)

This dilution of Levesons recommendations is typical of much of the Royal Charter. Where Leveson proposed a system that would give power to members of the public and individual journalists, the government has watered down or even removed that power, and given it back to the editors and proprietors.

The journalists conscience clause, for example, which the National Union of Journalists fought so hard for, and which Leveson recommends a new regulatory body should consider requiring, is downgraded to an optional extra. The same with a whistleblowers hotline for journalists who want to report illegality, abuses of the Code or bullying in newsrooms.

The Charter, as published, reeks of a deal done behind closed doors between senior politicians and senior newspaper executives and lawyers. Almost all of the demands made by editors and publishers appear to have been acceded to. There is no statute to prevent the interference of the government in the Royal Charter. Nor is there a legal guarantee of freedom from interference in the press in the future. This would have provided, for the first time, Harold Evans said in his Cudlipp lecture, a legal duty of the government to protect the freedom of the press. No such duty has been proposed.

But the real evidence of press-political collusion is in the fine detail of the Charter. Schedule 3 sets out the so-called recognition requirements for a new regulatory body. These, according to Leveson, are the essential criteria that any new body has to adhere to or it will not be recognized as an independent and effective regulator.

It is these criteria that have changed markedly from the recommendations made by Leveson, and those changes bear a striking similarity to the parts of Leveson the editors were unhappy with.

For example, in their discussions shortly after the publication of Leveson at the Delaunay restaurant, the editors found Levesons recommendation that the Board of the new regulator be responsible for the Code of Practice unacceptable (from leaked Delaunay document). This Leveson recommendation, we then discover, has been transformed in the Royal Charter. So Leveson recommended that:

The standards code must ultimately be the responsibility of, and adopted by, the Board, advised by a Code Committee which may comprise both independent members of the Board and serving editors.

But in the Charter, control of the Code is given to the Code Committee as now for the Board simply to adopt. Indeed the Charter goes even further and removes the obligation to include independent Board members from the Committee, enabling the editors to choose whoever, and as few, 'independent members' as they want (exactly as the previous discredited Hunt/Black plan proposed):

The standards code must ultimately be adopted by the Board, and written by a Code Committee which is comprised of both independent members and serving editors.

The editors were also strongly against Levesons recommendation that a new regulator have the power to take complaints not just people directly referenced in an article, but from other people too, including representative groups. The Delaunay document shows that editors felt this was unacceptable. Instead, they agreed that third party complaints [are] only to be allowed at [the] discretion of [the] Complaints Committee where there is substantial public interest. Group complaints [are] only to be allowed on matters of accuracy.

And again we find that the recognition criteria in the Royal Charter have been changed to appease the editors. Instead of Levesons criteria #11:

The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not necessarily in all cases depending on the circumstances the duty) to hear complaints whoever they come from, whether personally and directly affected by the alleged breach, or a representative group affected by the alleged breach, or a third party seeking to ensure accuracy of published information. In the case of third party complaints the views of the party most closely involved should be taken into account.

The Royal Charter changes the criteria to:

'The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not necessarily in all cases depending on the circumstances the duty) to hear complaints: (a) from anyone personally and directly affected by the alleged breach of the standards code; or (b) where an alleged breach of the code is significant and there is substantial public interest in the Board giving formal consideration to the complaint from a representative group affected by the alleged breach; or (c) from a third party seeking to ensure accuracy of published information. In the case of third party complaints the views of the party most closely involved should be taken into account.'

In other words, it has been altered to map almost exactly to the demands made by the editors. It restricts complaints only to those directly affected, unless there is a significant breach and substantial public interest in doing otherwise (it does not detail who would define significant breach or substantial public interest).

For the last two months senior politicians from the government have been working secretly on a Royal Charter. The impression they gave was that they were working to achieve everything Leveson wanted through Charter rather than through statute. Now we know they were actually working to achieve everything the editors and proprietors wanted out of Leveson, regardless of the interests of the public or individual journalists.

A full comparison of the differences between the Royal Charter and Leveson's recommendations can be found here (pdf)

Martin Moore is the director of the Media Standards Trust

The Leveson Inquiry. Photograph: Getty Images
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In focusing on the famous few, we risk doing a disservice to all victims of child sexual abuse

There is a danger that we make it harder, not easier, for victims to come forward in future. 

Back in the 1970s when relations between journalists and police were somewhat different to today a simple ritual would be carried out around the country at various times throughout the week.

Reporters, eager for information for their regional newspaper, would take a trip to the local station and there would be met by a desk sergeant who would helpfully skim through details in the crime Incident Book.

Among the entries about petty thefts, burglaries and road accidents there would occasionally be a reference to an allegation of incest. And at this point the sergeant and journalist might well screw-up their faces, shake their heads and swiftly move on to the next log. The subject was basically taboo, seen as something ‘a bit mucky,’ not what was wanted in a family newspaper.

And that’s really the way things stayed until 1986 when ChildLine was set up by Dame Esther Rantzen in the wake of a BBC programme about child abuse. For the first time children felt able to speak out about being sexually assaulted by the very adults whose role in life was to protect them.

And for the first time the picture became clear about what incest really meant in many cases. It wasn’t simply a low level crime to be swept under the carpet in case it scratched people’s sensitivities. It frequently involved children being abused by members of their close family, repeatedly, over many years.

Slowly but surely as the years rolled on the NSPCC continued to press the message about the prevalence of child sexual abuse, while encouraging victims to come forward. During this time the corrosive effects of this most insidious crime have been painfully detailed by many of those whose lives have been derailed by it. And of course the details of the hundreds of opportunistic sexual assaults committed by Jimmy Savile have been indelibly branded onto the nation’s consciousness.

It’s been a long road - particularly for those who were raped or otherwise abused as children and are now well into their later years - to bring society around to accepting that this is not to be treated as a dark secret that we really don’t want to expose to daylight. Many of those who called our helpline during the early days of the Savile investigation had never told anyone about the traumatic events of their childhoods despite the fact they had reached retirement age.

So, having buried the taboo, we seem to be in danger of giving it the kiss of life with the way some cases of alleged abuse are now being perceived.

It’s quite right that all claims of sexual assault should be investigated, tested and, where there is a case, pursued through the judicial system. No one is above the law, whether a ‘celebrity’ or a lord.

But we seem to have lost a sense of perspective when it comes to these crimes with vast resources being allocated to a handful of cases while many thousands of reported incidents are virtually on hold.

The police should never have to apologise for investigating crimes and following leads. However, if allegations are false or cannot be substantiated they should say so. This would be a strength not a weakness.

It is, of course, difficult that in many of the high-profile cases of recent times the identities of those under investigation have not been officially released by the police but have come to light through other means. Yet we have to deal with the world as it is not as we wish it would be and once names are common knowledge the results of the investigations centring on them should be made public.

When it emerges that someone in the public eye is being investigated for non-recent child abuse it obviously stirs the interest of the media whose appetite can be insatiable. This puts pressure on the police who don’t want to repeat the mistakes of the past by allowing offenders to slip through their hands.  And so there is a danger, as has been seen in recent cases, that officers lack confidence in declaring there is a lack of evidence or the allegations are not true. 

The disproportionate weight of media attention given to say, Sir Edward Heath, as opposed to the Bradford grooming gang sentenced this week, shows there is a danger the pendulum is swinging too far the other way. This threatens the painstaking work invested in ensuring the public and our institutions recognise child abuse as a very real danger. 

Whilst high profile cases have helped the cause there is now a real risk that the all-encompassing focus on them does both victims of abuse and those advocating on their behalf a fundamental disservice.

As the public watches high -profile cases collapsing amidst a media fanfare genuine convictions made across the country week in week out go virtually unannounced. If this trend continues they may start to believe that child sexual abuse isn’t the prolific problem we know it to be.

So, while detectives peer into the mists of time, searching for long lost clues, we have to face the unpalatable possibility that offences being committed today will in turn only be investigated fully in years or decades' time because there is not the manpower to deal with them right now.

So, now the Goddard Inquiry is in full swing, taking evidence about allegations of child sex crimes involving ‘well known people’ as well as institutional abuse, how do we ensure we don’t fail today’s victims?

If they start to think their stories are going to be diminished by the continuing furore over how some senior public figures have been treated by the police they will stay silent. Therefore we have to continue to encourage them to come forward, to give them the confidence of knowing they will be listened to.

If we don’t we will find ourselves back in those incestuous days where people conspired to say and do nothing to prevent child abuse.

Peter Wanless is Chief Executive of the NSPCC.