April 22nd, 2013
The Department for Culture, Media and Sport has released this handy flowchart illustrating who will and who won’t be covered by the proposed new press/web regulator. Suffice to say, Index has one or two problems with it.
UPDATE: This, from the DCMS website, is also a little confusing:
Despite not falling under the definition of relevant publisher, any publication that is exempt as a micro-business as a result of these amendments could still choose to join a regulator and receive the legal benefits otherwise only available to relevant publishers in the regulator. That means protection from exemplary damages.
If you’re exempt as a “micro-business”, aren’t you supposed to be protected from exemplary damages anyway?
March 26th, 2013
Index CEO Kirsty Hughes looks at the current climate for free speech around the world, from press regulation in the UK to ongoing challenges to digital freedom (more…)
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Tags: Tags: Digital, digital freedom, Google, Indian corruption, Leveson Inquiry, Leveson Report, phone hacking, press freedom, Pussy Riot, transparency, Twitter,
March 20th, 2013
Two days after the publication of the all-party agreed Royal Charter on “self-regulation” of the press, there’s seems no further clarity on some issues of enormous concern. Apart from the statute required to “underpin” the regulator itself, and the question of who and who isn’t a “relevant news publisher”, issues of exemplary damages, costs and apologies have alarmed many in the media and beyond.
On BBC News yesterday, Private Eye editor Ian Hislop outlined his concerns about the new press regulator. Hislop, whose publication was not part of the Press Complaints Commission, said he was concerned that publications outside the regulator (and the debate still rages over who is and isn’t supposed to be inside the regulator) would face not only exemplary damages, but also possibly have to pay the costs of any case even if they won.
Clause NC27A of the Crime and Courts bill, which sets out the costs regime does state that the defendant must pay costs in any case, unless the judge believes the case could not possibly have been settled by the regulator’s arbitration wing – i.e. if this would have ended up in court anyway.
This is quite definitely “Leveson Compliant”, (see par 67 and 68 of the Executive Summary of Lord Justice Leveson’s report and is essentially punitive. One wonders would it pass the test of a “fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”, as laid out in article of the European Convention on Human Rights. It is extremely likely that a case following this procedure will end up in the European Court of Human Rights in Strasbourg. And quite rightly so. It’s bizarre, unjust and coercive.
There are also concerns about the proposed regulator’s power to “direct” the placement of apologies.
Again, this is “Leveson compliant” — the Lord Justice himself stated “The power to direct the nature, extent and placement of apologies should lie with the Board”.
This is also really problematic, suggesting as it does that a Quango can determine what is and isn’t published in newspapers, and where. This may seem angel-on-pinhead stuff, but there is a world of difference between “direct” and “require”. While apologies may be desirable, it’s simply not safe to give an external power with state underpinning the power to tell editors what to put in papers. Forced publication is a sinister perversion of free expression, and has no place in the British press or anywhere else.
March 18th, 2013
Responding to the party leaders’ comments in parliament today, Index on Censorship CEO Kirsty Hughes said:
“In spite of David Cameron’s claims, there can be no doubt that what has been established is statutory underpinning of the press regulator. This introduces a layer of political control that is extremely undesirable. On this sad day, Britain has abandoned a democratic principle.
“But beyond that, the Royal Charter’s loose definition of a ‘relevant publisher’ as a ‘website containing news-related material’ means blogs could be regulated under this new law as well. This will undoubtedly have a chilling effect on everyday people’s web use.
“Bloggers could find themselves subject to exemplary damages in court, due to the fact that they were not part of a regulator that was not intended for them in the first place. This mess of legislation has been thrown together with alarming haste: there’s little doubt we’ll repent for a while to come.”
Also read: Statement from Index Chair Jonathan Dimbleby on behalf of Index’s board of trustees
March 18th, 2013
Index on Censorship Chair Jonathan Dimbleby has issued the following statement on behalf of Index’s trustees:
(more…)
