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
Bennett Raglin / Getty
Show Hide image

How gendered are this year’s most popular Christmas present toys?

Meet the groups fighting back against the gendering of children’s toys over the festive season.

You’re a young girl. You go into WH Smith’s to pick out a colouring book for Christmas. You could buy the Girls’ World Doodling and Colouring Book, a "gorgeous gift for any girl". In this, the pictures range "from flowers, fans, feathers, to birds, buttons and butterflies". Or Colouring for Girls: Pretty Pictures to Colour and Complete, where you can colour in "beautiful birds, seashells, cupcakes, pretty patterns and lots more". The counterpart Boys’ Colouring Book has a range beyond buttons and feathers: "Planes, trains and automobiles – plus the odd alien spacecraft".

In the run-up to Christmas, this kind of gendered marketing is rife, particularly finding its way into the predominantly pink colour scheme of girls’ toys.

Take Amazon’s page "2016 Toys for Girls": a pink icecream trolly set, a pink light-up tablet, pink building blocks, pink and purple friendship bracelets and so on.

There are several groups taking action against the "pinkification" of children’s toys. One of these is Let Toys Be Toys, a group that targets large supermarkets with the aim of reducing the gendered marketing used on children’s goods.

The Let Toys Be Toys blog focuses on specific examples of targeted gendering within shops, catalgoues and online. A particularly revealing example of how prevalent this has become in recent years is in two pictures published from the Argos catalogue, one from the Seventies, and one from nowadays. The eye-wateringly pink page from now makes the 1970s page look dour by comparison. The lack of change over four decades of what kind of products are marketed at girls is equally striking:

Despite the efforts of campaign groups such as Let Toys Be Toys, the prevalence of gendering within the highest-rated children's gifts for 2016 is staggering.

Look no further than the Ultimate Christmas Gifts Guide from Toys R Us. One of the most immediately obvious examples is the way in which the pink/blue colour schemes are used to market identical products. This is repeated again and again:

This identical drawing board is uniquely packaged to the binary colour codes that are so common within children's toys stores.

The same applies with this keyboard, where the young girl and boy are pictured almost identically, save for the coordination of their clothes to the colour of their toys.

The message is a hugely limiting one: one that allows little movement away from the binary of pink/blue. The effects of this are longstanding. A recent poll from YouGov shows that "only a third of parents approve of boys playing with Barbies". The data goes on to explain that "while most parents approve of girls playing with toys marketed to boys, a minority of adults approve of the opposite".

Images like this were the inspiration behind Let Toys Be Toys, back in 2012. The campaign began on Mumsnet, the forum for parents, on a section called "AIBU", which stands for "Am I Being Unreasonable?". One parent posted the question: "Am I being unreasonable to think that the gendered way that children’s toys are marketed has got completely out of hand?" The heated discussion that followed led to a sub-section with the founding memebers of Let Toys Be Toys.

This aside, Let Toys Be Toys has made signifcant progess since it began. It targets large stores, focusing on gendered signage both in store and online. In their four years, they have campaigned for signs like "girls' toys" and "boys' toys" to be removed from retailers such as Boots, Debenhams, Morrisons, Toys R Us and TK Maxx. It is the go-to hashtag on Twitter for examples of the often shocking gendering of children’s toys.

"This is ostensibly about toys, but what we’re really talking about is gender stereotypes that shape our children’s worlds in an apparently very unassuming way," says Jess Day, a Let Toys Be Toys campaigner. "It seems very innocent, but actually what we’re doing is giving children very clear instructions about how to be a man and how to be a woman."

These clear instructions work beyond colour coordination: where girls are sold the image of the pink "girly girl", for instance. This is evident in children’s fancy dress costumes. Early Learning Centre’s (ELC) children’s fancy dress range imposes very rigid gender roles. To give examples from the current christmas range:


Credit: ELC

Again, the predominant colour sceme is pink. The roles offered are mainly fairies and princessess: generally make-believe.

“I found it really interesting that there were almost no ads showing girls doing anything," comments Day. "Physically they were very passive. The only physical activity we saw girls doing was dancing. They weren't really moving around much."


Image: ELC

By contrast, young boys are offered the possibility of pretending to be a firefighter, a policeman or a doctor, among other practical, professional roles.

This year's Toys R Us Christmas advert follows on from this, with girls mainly dressed as princesses, and boys dressed as knights and kings. Much like the pink/blue colour scheme that we see all over children's shops, these fancy dress costumes create an unnatural binary. They send out a message that restricts any kind of subversion of these two supposedly polar opposites.

What's more, the subtext is one that is deeply rooted in expectations, building up a picture where careers such as that of a policeman and fireman come more naturally to boys, who have been socialised into these roles from childhood through fancy dress costumes of this type. Instead, girls are later forced to learn that most of us aren't going to become princessess, and none of us fairies – and so the slow process begins to unlearn these expectations.

There are certainly groups who try to counteract this. Manufacturers such as the toy brand IamElemental aims to break down the gendered distinctions between boys' toys and girls' toys, by creating female action figures.

“We always say that we are not anti-doll or anti-princess, but that if you give a girl a different toy, she will tell a different story," says Julie Kershaw, a member of the organisation. "As the mom of two boys, I always say that it’s just as important to put a strong healthy female action figure in a boy’s hand as it is a girl’s”.

Like the campaigners behind Let Toys Be Toys, IamElemental sees children’s toys as the starting point.

“We want kids – both girls and boys  – to internalise these messages early and often,” says Kershaw. “While there are certainly biological differences between girls and boys, gender-specific toys are not a biologically dictated truth. Toys are not “for girls” or “for boys”  – toys are for play; for exploration and creative expression.”

This attitude is ingrained in a child’s early years. Only through reconfiguring the gender sterotypes of the toys we buy for our children can we begin to break down their expectations of how to behave in age. We challenge you this Christmas to avoid these highly gendered products. Below are our three favourite Christmas presents for children this year, for girls AND boys, as approved by Let Toys Be Toys:

Mini Table Tennis (£7.99)


From: The Little Toy Box

Djeco Intro to Origami - Animals (£3.99)

From: Rachel's Toy Shop

Seedling Make Your Own Dino Softie! - Dino(sew)or Kit (£5)


From: Gifts For Little Ones