Lessons from Leveson

Ignorance is no excuse.

If we have learned one thing from the first part of the Leveson Inquiry, it is this: for the first decade of this century there was a culture of casual lawlessness on many of the news and show-business desks in Fleet Street.

Part of this can be put down to new technology. It was relatively easy to listen to telephone messages or to guess the answers to security questions for email accounts. It was not much harder to use a "Trojan horse" email attachment or to "blag" a record of calls from a mobile telephone company. And it certainly was not difficult to pay a specialist private investigator to do any of these unlawful things.

There was also ignorance of the relevant laws. Ignorance doesn't excuse anyone from liability for criminal acts, but it helps explain the culture of unethical behaviour. A generation of reporters and in-house lawyers, fully aware of the technicalities of libel and contempt, appear to have had no real idea of technology law.

Few seemed to know that interfering with someone's email account, let alone using an intrusive Trojan horse programme, was a breach of the Computer Misuse Act 1990. In the Nightjack case, where a reporter unmasked a blogger after hacking his email, even the experienced former legal manager of the Times freely admitted that he had no idea of the existence of the act or the offences it details.

Such a culture is what can develop in business when "self-regulation" is non-existent. The sorts of ethical restraints that can come from professionalism or just good leadership are easily ignored under the pressure of deadlines and bullying editors anxious to fill their paper with copy.

However, this is where technology again has an impact. The publication of news on the internet or stored in electronic archives means that journalists and their managers can remain accountable for what they publish years after the stories have gone to print. A byline is now not only a measure of achievement but also a potential curse. Any hacking can leave electronic traces long after the story has been forgotten by anyone other than the victim.

On the books

A third lesson from Leveson is that "statutory" is not a dirty word. Many in the mainstream media have a knee-jerk reaction against "statutory" regulation but do not seem to know what the word means. A statutory power is one that has its basis in legislation rather than in a contract or
a non-binding code. And a statutory power is always specific; it is a precise device to get something done.

In the Nightjack case, it was the use of statutory powers by the Leveson inquiry that uncovered the Times using computer hacking to source
a story and then misleading the High Court. Left to self-regulation none of this would ever have come out. Whatever the solution to the problems caused by the ethics and practices of the press, it is now rather clear that they are not able to sensibly regulate themselves.

David Allen Green is the New Statesman's legal correspondent

James Harding, editor of The Times newspaper, arrives at the Leveson Inquiry, 17 January 2012. Credit: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

This article first appeared in the 02 April 2012 issue of the New Statesman, France is my enemy

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Tackling tuition fees may not be the vote-winner the government is hoping for

In theory, Theresa May is right to try to match Labour’s policy. But could it work?

Part of the art of politics is to increase the importance of the issues you win on and to decrease or neutralise the importance of the issues your opponent wins on. That's part of why Labour will continue to major on police cuts, as a device to make the usually Labour-unfriendly territory of security more perilous for the Tories.

One of the advantages the Conservatives have is that they are in government – I know it doesn't always look like it – and so they can do a lot more to decrease the importance of Labour's issues than the Opposition can do to theirs.

So the theory of Theresa May's big speech today on higher education funding and her announcement of a government review into the future of the university system is sound. Tuition fees are an area that Labour win on, so it makes sense to find a way to neutralise the issue.

Except there are a couple of problems with May's approach. The first is that she has managed to find a way to make a simple political question incredibly difficult for herself. The Labour offer is “no tuition fees”, so the Conservatives essentially either need to match that or move on. But the one option that has been left off the table is abolition, the only policy lever that could match Labour electorally.

The second, even bigger problem is that it it turns out that tuition fees might not have been the big election-moving event that we initially thought they were. The British Electoral Survey caused an earthquake of their own by finding that the “youthquake” – the increase in turn-out among 18-24-year-olds – never happened. Younger voters were decisive, both in how they switched to Labour and in the overall increase in turnout among younger voters, but it was in that slightly older 25-35 bracket (and indeed the 35-45 one as well) that the big action occurred.

There is an astonishingly powerful belief among the Conservative grassroots, such as it is, that Jeremy Corbyn's NME interview in which the he said that existing tuition fee debt would be “dealt with” was decisive. That belief, I'm told, extends all the way up to May's press chief, Robbie Gibb. Gibb is the subject of increasing concern among Tory MPs and ministers, who regularly ask journalists what they make of Robbie, if Robbie is doing alright, before revealing that they find his preoccupations – Venezuela, Corbyn's supposed pledge to abolish tuition fee debt – troublingly marginal.

Because the third problem is that any policy action on tuition fees comes at a huge cost to the Treasury, a cost that could be spent easing the pressures on the NHS, which could neutralise a Labour strength, or the financial strains on schools, another area of Labour strength. Both of which are of far greater concern to the average thirtysomething than what anyone says or does about tuition fees.

Small wonder that Team Corbyn are in an ebullient mood as Parliament returns from recess.

Stephen Bush is special correspondent at the New Statesman and the PSA's Journalist of the Year. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.