Miliband's Leveson strategy looks crazy. It might just work

The Labour leader has made enemies of the British press. Now he has to present himself as the outsider taking on tabloid bullies.

The path that Ed Miliband has chosen in response to Lord Justice Leveson’s proposals – demanding that they be implemented in law – is not, to put it mildly, risk free. As I noted yesterday, Miliband’s position became much tougher as soon as it became clear that Leveson was not going to land David Cameron or Jeremy Hunt with any substantial charges of malfeasance in their relations with News International.

The report notes the intimacy of politicians with the Murdoch empire, accepts that there was influence and concedes that the public might reasonably come away from the episode with a perception of impropriety. But there is no tangible evidence of an explicit deal in which commercial interests where procured with favourable political coverage. (The anti-Murdoch stalwarts will insist that, like any Mafioso relationship, explicit deals didn’t need to be spelled out because everyone understood the rules of the game – but for corruption allegations to stick in a way that would have seriously damaged the Prime Minister you need something more than a few cosy canters over the Cotswolds.)

So when Cameron stood up in the Commons yesterday he had a little knoll of moral high ground to climb on to. He can’t get too sanctimonious about Leveson’s verdict on his relations with News Corp because Rebekah Brooks and Andy Coulson are still facing serious criminal charges. There is ample potential embarrassment for Number 10 there. In the event of convictions – and they must of course be presumed innocent – Cameron’s judgement would be shredded.

Still, Leveson deposited a bit of political capital in the Bank of Cameron and the PM clearly decided to spend it all at once – rejecting the Lord Justice’s central premise that any new regulatory arrangements need to be underpinned by law. That puts Cameron on the side of the newspapers (a pretty good place to be in politics) but on the wrong side of hacking victims who, reasonably enough, wonder what the point in asking Leveson to come up with a plan was if the plan wasn’t going to be implemented (not such a good place to be).

As a liberal-minded Tory, Cameron’s resistance to “crossing the Rubicon” of statutory involvement in press regulation is doubtless sincere. That taking such a position was sure to make him the toast of newspaper editorial meetings was also no doubt a significant factor in his considerations. If Cameron can hold his current line – and a parliamentary vote would be close given that the Lib Dems look ready to side with Labour – the next election will be fought with the Tories as the party that saved the press from an Ofcom-style regulator.

It doesn’t take a great leap to imagine how tricky that campaign could get for Miliband, and how hard newspaper endorsements will be to secure, if he has a manifesto promising to do to editors the horrible things that Cameron wouldn’t.

In a crude cost-benefit analysis, I’d imagine the anguished cries of hacking victims are worth withstanding for the PM if it procures him a favourable press wind, especially since wider public interest in the whole Leveson issue is low. By 2015 it will be very old news.

So has Miliband blundered or been wrong-footed? Not quite. I don’t think he had much choice but to back Leveson’s plan. To the non-journalist’s eye it is pretty reasonable. There are important arguments as to why any statute that covers newspaper behaviour is morally odious, intrinsically undemocratic, unworkable or all three. As a journalist, I instinctively gravitate towards that view, which has been made well enough elsewhere for me not to have to repeat it here.

It is also worth nothing that Leveson was at great pains to pre-empt those arguments, that other perfectly functional democracies have laws that cover media practice and that, quite obviously, there is no danger of what Miliband is advocating turning into a regime of regulation under which militias of jackbooted Ofcom thugs confiscate presses and lock up columnists. Journalists love to feel like dissidents, especially very well-paid journalists who are really part of the Establishment but want to retain the frisson of being subversive. And no industry ever gladly embraced more regulation.

In other words, Miliband is not setting himself against press freedom, he is setting himself against British newspapers. And while they are powerful, they are not as powerful as they used to be. They might give him a rough ride, but most of them were almost certainly going to do that in the run up to the next election anyway.

British newspaper journalists are also not the most popular bunch of people in the land, rubbing shoulders with politicians down at the bottom of the league of public confidence. Miliband’s whole project is based on the hope that he might position himself as an outsider, a ripper-up-of-rules, a breaker of cosy consensuses etc. It is all pretty fanciful given his Westminster pedigree but it is the best plan he’s got so he has to at least be consistent with it. That means, in this case, being on the side of the victims of appalling intrusion and malpractice. It means framing the forthcoming battle as one in which the leader of the opposition is taking on the tabloid bullies and the Prime Minister is sticking to the old rules, defending his friends and looking out for the powerful few. It’s a long shot. It could work. Rubicon crossed. Alea iacta est.

One final thought. British newspapers have worked themselves up into a right lather over Leveson and his purported threat to press freedom – and not without reason. It is hard to avoid the feeling that some of that froth is displaced anxiety about the obsolescence of the whole newspaper business model. Leveson barely touched on the internet, blogs, Twitter etc. Yet no-one currently working in print media can be confident that ink-on-paper will still be part of their lives in 10 years, let alone 20 or 30. So to a considerable extent the whole Leveson debate feels like a row about how to tidy up the mess in a museum that fewer and fewer people want to visit.

Print journalism is pathologically insecure at the moment; no wonder it doesn’t like the prospect of being restrained further. Ultimately, the questions of whether there are limits to free speech, where they are, and what responsibilities fall on those who publish are all going to have to be decided with reference to what goes on online. Leveson is destined to be remembered as an important chapter in the politics of this parliament, an epitaph for a particularly raucous phase in the life of British newspapers and a mere footnote in the story of 21st Century media.

Ed Miliband with actor Hugh Grant, who has been campaigning for stricter press regulation. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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Westminster terror: Parliament hit by deadly attack

The Met Police is treating the events in Westminster as a "terrorist incident". 

A terrorist attack outside Parliament in Westminster has left four dead, plus the attacker, and injured at least 40 others. 

Police shot dead a man who attacked officers in front of the parliament building in London, after a grey 4x4 mowed down more than a dozen people on Westminster Bridge.

At least two people died on the bridge, and a number of others were seriously hurt, according to the BBC. The victims are understood to include a group of French teenagers. 

Journalists at the scene saw a police officer being stabbed outside Parliament, who was later confirmed to have died. His name was confirmed late on Wednesday night as Keith Palmer, 48.

The assailant was shot by other officers, and is also dead. The Met Police confirmed they are treating the events as a "terrorist incident". There was one assailant, whose identity is known to the police but has not yet been released. 

Theresa May gave a statement outside Number 10 after chairing a COBRA committee. "The terrorists chose to strike at the heart of our Capital City, where people of all nationalities, religions and cultures come together to celebrate the values of liberty, democracy and freedom of speech," she said.

London Mayor Sadiq Khan has tweeted his thanks for the "tremendous bravery" of the emergency services. 

Labour leader Jeremy Corbyn also released a short statement. He said: "Reports suggest the ongoing incident in Westminster this afternoon is extremely serious. Our thoughts are with the victims of this horrific attack, their families and friends. The police and security staff have taken swift action to ensure the safety of the public, MPs and staff, and we are grateful to them."

After the incident this afternoon, journalists shared footage of injured people in the street, and pictures of a car which crashed into the railings outside Big Ben. After the shots rang out, Parliament was placed under lockdown, with the main rooms including the Commons Chamber and the tearoom sealed off. The streets around Parliament were also cordoned off and Westminster Tube station was closed. 

Those caught up in the incident include visitors to Parliament, such as schoolchildren, who spent the afternoon trapped alongside politicians and political journalists. Hours after the incident, the security services began evacuating MPs and others trapped inside Parliament in small groups. 

The MP Richard Benyon tweeted: "We are locked in Chamber of House of Commons." Shadow education secretary Angela Rayner tweeted: "I'm inside Parliament and me and my staff are safe."

The MP Jo Stevens was one of the first to confirm reports that a police officer had been attacked. She tweeted: "We've just been told a police officer here has been stabbed & the assailant shot."

George Eaton, the New Statesman politics editor, was in the building. He has written about his experience here:

From the window of the parliamentary Press Gallery, I have just seen police shoot a man who charged at officers while carrying what appeared to be a knife. A large crowd was seen fleeing the man before he entered the parliamentary estate. After several officers evaded him he was swiftly shot by armed police. Ministers have been evacuated and journalists ordered to remain at their desks.   

According to The Telegraph, foreign minister Tobias Ellwood, a former soldier, tried to resucitate the police officer who later died. Meanwhile another MP, Mary Creagh, who was going into Westminster to vote, managed to persuade the Westminster tube staff to shut down the station and prevent tourists from wandering on to the scene of the attack. 

A helicopter, ambulances and paramedics soon crowded the scene. There were reports of many badly injured victims. However, one woman was pulled from the River Thames alive.

MPs trapped inside the building shared messages of sympathy for the victims on Westminster Bridge, and in defence of democracy. The Labour MP Jon Trickett has tweeted that "democracy will not be intimidated". MPs in the Chamber stood up to witness the removal of the mace, the symbol of Parliamentary democracy, which symbolises that Parliament is adjourned. 

Brendan Cox, the widower of the late, murdered MP Jo Cox, has tweeted: "Whoever has attacked our parliament for whatever motive will not succeed in dividing us. All of my thoughts with those injured."

Hillary Benn, the Labour MP, has released a video from inside Parliament conveying a message from MPs to the families of the victims.

Former Prime Minister David Cameron has also expressed his sympathy. 

While many MPs praised the security services, they also seemed stunned by the surreal scenes inside Parliament, where counter-terrorism police led evacuations. 

Those trapped inside Parliament included 40 children visiting on a school trip, and a group of boxers, according to the Press Association's Laura Harding. The teachers tried to distract the children by leading them in song and giving them lessons about Parliament. 

In Scotland, the debate over whether to have a second independence referendum initially continued, despite the news, amid bolstered security. After pressure from Labour leader Kezia Dugdale, the session was later suspended. First Minister Nicola Sturgeon tweeted that her "thoughts are with everyone in and around Westminster". The Welsh Assembly also suspended proceedings. 

A spokesman for New Scotland Yard, the police headquarters, said: "There is an ongoing investigation led by the counter-terrorism command and we would ask anybody who has images or film of the incident to pass it onto police. We know there are a number of casualties, including police officers, but at this stage we cannot confirm numbers or the nature of these injuries."

Three students from a high school from Concarneau, Britanny, were among the people hurt on the bridge, according to French local newspaper Le Telegramme (translated by my colleague Pauline). They were walking when the car hit them, and are understood to be in a critical condition. 

The French Prime Minister Bernard Cazeneuve has also tweeted his solidarity with the UK and the victims, saying: "Solidarity with our British friends, terribly hit, our full support to the French high schoolers who are hurt, to their families and schoolmates."

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.