31 Jan 2012 | Leveson Inquiry
The former chair of the Press Complaints Commission has made a staunch defence of the self-regulation body at the Leveson Inquiry today.
Sir Christopher Meyer, who chaired the self-regulation body from 2003 to 2009, grew exasperated as he was asked by counsel Robert Jay QC whether the body should stop the press coming up with stories to fit supposed facts. “As long as human beings are involved, there will be fallibility,” Meyer told the Inquiry.
“It is as if you say to the police ‘you are useless because you can’t stop crime’,” Meyer said. “These are ridiculous arguments.”
In one of the more heated sessions of the Inquiry, Meyer told Jay that he seemed “to ignore” that the public has confidence in the complaints body, which has faced criticism in various witness testimony for having failed to deal proactively with complaints. In her evidence to the Inquiry in November, Harry Potter author JK Rowling called it a “wrist-slapping exercise at best”, while the father of missing toddler Madeleine McCann suggested “repeat offenders” of incorrect coverage should lose their privilege of practising journalism.
Meyer contended it was unfair for Jay to suggest he was slow in protecting the McCanns or condemning the Express’s coverage of them. The couple, whose daughter went missing in Portugal in 2007, received a libel payout of £550,000 from Express Newspapers for defamatory articles published about them.
Meyer said he had made it “perfectly plain” to Gerry McCann that he had an option of taking a legal route or the PCC, stressing to the Inquiry that the PCC made “particular efforts” to make itself available to the McCanns within 48 hours of their daughter, Madeleine, disappearing.
He added that he told the then-editor, Peter Hill, “you have to resign” after the payout.
He continued, “the McCanns needed the press for publicity’s sake”, adding that the couple had made a “Faustian” bargain with the media.
He also rejected Jay’s suggestion that, had the PCC taken a more proactive stance with the McCanns, the libellous coverage of Bristol landlord Chris Jefferies would not have been able to go so far.
“Don’t drag me down that path,” he told Jay, noting that he was no longer the PCC chairman at the time, and that the body had been successful in containing media scrums.
Quizzed about why the PCC did not call in newspaper editors in the wake of the Information Commissioner’s reports on Operation Motorman, Meyer said he needed “actionable information” and wanted to “see the beef” before talking to editors.
Last month, the former Information Commissioner Richard Thomas told the Inquiry the PCC “should have done more” in response to the Motorman findings, and that he “just did not buy [the] line”, that the PCC could not intervene because the use of private investigators by the press was a criminal matter.
Discussing the oft-criticised PCC report on phone hacking in 2007, published after the jailing of Glenn Mulcaire and Clive Goodman on related offences, Meyer argued it was not useful for the PCC to “duplicate” the police inquiry, and that interviewing former News of the World editor Andy Coulson would not have added “anything of value” to the report.
He said the PCC decided to conduct a “lessons-learned exercise” to shed a “little more light” on what had occurred at the News of the World. Meyer called the report “monumental” and said the police and papers uncovered more evidence of phone hacking than was known in 2006.
His exchange with Robert Jay QC became more agitated as they moved on to Max Mosley, who sued the News of the World in 2008 for publishing a story accusing him of engaging in a Nazi-themed orgy.
Meyer said Mosley was “extremely rude” about the PCC after he decided to launch a legal complaint against the News of the World, adding later that “the whole thing might have taken a different course” had Mosley had gone to the PCC before the tabloid published its sting. “We around the table — the commissioners — would have had a very interesting debate,” Meyer said, adding, “we would have found for him.”
He added that the PCC could have attempted to halt the publication of Mosley sting, as the body “regularly” gave pre-publication advice and there would have been a “big debate” about whether the Nazi theme of the story “affected the central argument”.
Meyer grew increasingly frustrated when asked if there was “collusion” between the PCC and editors serving on its board.
“God knows I had my conflicts with the editors on all kinds of things,” he told the Inquiry. “If you think I was sitting in their pocket not daring to do things that they did not like, think again Mr Jay.”
Meyer gave a staunch defence of free expression, noting that he was a “strong believer of freedom of the press” and “very firmly of the view that you do not go down the road of statute”.
Meyer warned that state involvement in press regulation was a “slippery slope”. He argued that in the future a “less permissive, less liberal state” may try to take advantage of existing legislation to do things that “might be offensive to freedom of expression”.
He added that the press is “quite closely hemmed in by statute and code of practice”, adding that he would not not want to see a “system of regulation that is more repressive than need be.” Referring to a 2003 speech, Meyer said he still believed the PCC should not be able to fine newspapers, contrary to current PCC director Stephen Abell’s view expressed yesterday.
Contrasting with the testimony of Abell and former director Tim Toulmin, Meyer said he believed “very firmly” that the PCC was a regulator, noting that “it is regulation unlike anything else”.
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30 Jan 2012 | Leveson Inquiry
The Press Complaints Commission was today criticised at the Leveson Inquiry for having taken a “somewhat restrictive and timorous” approach to investigate phone hacking.
Robert Jay QC told former PCC director Tim Toulmin that the self-regulation body had failed to “test the boundaries of its powers” by choosing not to question former News of the World editor Andy Coulson after he resigned from the tabloid following the 2007 convictions of Clive Goodman and Glenn Mulcaire over phone hacking. Toulmin rejected this suggestion.
Toulmin, who headed the PCC from 2004 to 2009, said the prospect had been discussed but it was decided that the body’s powers “wouldn’t have had traction” with Coulson.
He added that he later thought this was a mistake. “The PCC should have been seen to ask him,” he said. Lord Justice Leveson interjected, saying that doing so would have been “incredibly powerful”.
Quizzed about the PCC’s response to the Goodman and Mulcaire jailings, Toulmin said that although the PCC did not investigate the matter, it conducted an “exercise that was designed to produce a forward-looking report” and establish principles of internal governance to avoid future wrongdoing.
“We were looking at how it arose, and the culture,” he said.
The PCC produced two reports, one in May 2007 that found no further evidence of wrongdoing, and one in September 2009 that has since been withdrawn, which concluded the body was not misled by the News of the World.
Regarding the 2009 report, Toulmin conceded that dismissing evidence from the Guardian was a “major mistake”. He said he was not a member of the board that decided on the report’s conclusions.
Testifying at the Inquiry earlier this month, Guardian editor Alan Rusbridger had said the 2009 report was “worse than a whitewash”.
Elsewhere in his testimony, which ran for over three hours, Toulmin discussed the PCC’s response to the Information Commissioner’s findings on Operation Motorman, which examined the use of a private investigators by the media to obtain personal information. He said that the then commissioner, Richard Thomas, went to the wrong body when he approached the PCC with his report. “He either should have gone directly to the industry — trade bodies — or the code committee, which is more representative of the industry,” he said, noting that data protection breaches were outside of the PCC’s remit.
Last month, Thomas told the Inquiry the PCC “should have done more” in response to the Motorman findings, and that he sought their “loud, strident condemnation.”
Toulmin also asserted that the PCC was not subject to influence from current editors serving on its board, namely Daily Mail editor Paul Dacre and former News International CEO Les Hinton. “They never a single time would phone me up and suggest we should behave in a certain way,” Toulmin said.
Toulmin argued that PCC members were not “cowed” by editors’ presence, and that their presence gave”bite” to complaints rulings.
In his witness statement, Toulmin argued that it was “inappropriate” to call the PCC a regulator.
Leveson also put it to Toulmin that the PCC was believed by the public to be a regulator ” when it wasn’t actually a regulator at all,” Leveson said. Toulmin agreed, claiming that it was “a complaints handler (…) a sort of ombudsman.”
The PCC’s current director, Stephen Abell, who gave evidence this afternoon, said he too was “happy” that the term regulator not be used to describe the PCC. He said that at the heart of the newspaper industry is “people exercising their right to be polemic”, and that regard needed to given to the nature of the industry when coming up with an over-arching structure.
During his testimony he ran through cases of complaints made to the PCC, citing Jan Moir’s column in the Daily Mail about the death of singer Stephen Gately, which was originally headlined “Why there was nothing ‘natural’ about Stephen Gately’s death”. Abell said there were over 22,000 complaints about the piece — which was later amended to the print edition headline “A strange, lonely and troubling death” — but it was “just short” of a breach of the PCC code, despite being a “difficult” episode to judge.
The Inquiry continues tomorrow, with evidence from current PCC chairman Lord Hunt, former chair Sir Christopher Meyer and PCC member Lord Grade.
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26 Jan 2012 | Leveson Inquiry
The director of public policy (EMEA) at Facebook told the Leveson Inquiry today that regulating what people say on the social network would be akin to regulating what people say in the pub.
Richard Allan said it was “important” to distinguish editorial published content from “chatter on the internet”, noting that websites of papers such as the Guardian provide content, while Facebook provides distribution.
Questioned about the website’s oft-debated approach to privacy, Allan said that the purpose of the social network, to which over 50 per cent of Britons over 13 subscribe, is to allow people to connect and “share information with others”. He defended the network’s anti-anonymity policy, arguing using one’s real name made for a more “meaningful” experience.
He told the Inquiry that users should be able to speak freely on the website as long as they obey rules. He noted that the site has clauses on hate speech, pornography and harassment, adding that the “strongest protection” came from its 800 million-strong community of “neighbourhood watch” users.
Earlier today, representatives from Google urged the Inquiry to ensure a distinction between the publisher of content online and the host platform.
“Google is not the internet, and it is also not the only entry point to the internet,” the web giant’s head of corporate communications in the UK, David-John Collins, told the Inquiry. “Whatever robust system you recommend will have to cover all entry points.”
He emphasised that there was a “very essential balance online”, while Daphne Keller, the corporation’s legal chief who appeared alongside Collins today, warned against the “over-breadth” of regulating the internet.
Keller and Collins spoke at length about Google’s policy for removing content. They told the Inquiry that it has removed hundreds of URLs from its search function relating to the News of the World Max Mosley splash, but stressed that that does not mean the content disappears from the web.
Last November Mosley told the Inquiry that search engines were “dangerous”, as they could “stop a story appearing, but don’t or won’t as a matter of principle”. The former motorsports chief revealed he is currently taking litigation action in 22 countries, suing Google in France and Germany, and considering bringing proceedings against Google in California in an attempt to remove certain search results.
Keller said that defamatory material will usually be taken down within days, but if such content is defamatory under UK law it may still be visible for users via google.com, so long as it does not violate US law.
She said it would be impractical for Google to search out potentially defamatory content itself, and said it is “much better” for users if a judgment has been made by a court or legal process that has weighed the evidence.
Also appearing this afternoon was Camilla Wright, co-editor of celebrity news website Popbitch. “You can’t choose when you’re public and choose when you’re private,” Wright said of celebrities, adding that the website had apologised “five to six” times since it was founded.
The Inquiry will resume on Monday.
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26 Jan 2012 | Leveson Inquiry
The Information Commissioner was pressed at the Leveson Inquiry today over whether or not he should seek out evidence of data protection breaches.
Christopher Graham said he had seen no proof of breaches of data protection beyond the “historic” evidence resulting from Operation Motorman published in 2006, which disclosed the names of 22 newspapers that used private investigator Steve Whittamore to access illegally-obtained information.
Graham said there is currently “no smoke”, and that it was not in his remit to “set off on fishing expeditions.”
“I am inclined to wait until I have more evidence of current abuse than I do at the moment,” he said, adding that the regulator had to “pick its battles” and “prioritise resources” where there is evidence of wrongdoing.
Lord Justice Leveson said that the absence of evidence does not mean something is or is not going on. “We do not know what we do not know,” he told Graham.
Graham added he was “surprised” to hear the Daily Express’ revelation earlier this month that they had used private investigator Steve Whittamore in 2010, five years after he had been convicted for illegally trading information.
He was also quizzed over a letter published today by the Hacked Off campaign asking the ICO to inform Whittamore’s targets, so they may challenge claims that searches were done in the public interest.
Graham said it would be a “phenomenal undertaking” to notify the targets revealed by Operation Motorman (the investigation that examined the use of a private investigators by the media to obtain personal information), adding that he “would have to take on a veritable army” of people to do so.
He later invited those concerned to make “subject access requests”.
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