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After Leveson: the 66-year press regulation journey that ends as it began After Leveson: the 66-year press regulation journey that ends as it began
(7 months later)
In this extract from After Leveson*, a book edited by John Mair, John Jewell, of the Cardiff school of journalism, takes us on the long journey that led publishers, editors, journalists and phone hacking victims to the royal courts of justice for the Leveson inquiry. His story begins 66 years ago… In this extract from After Leveson*, a book edited by John Mair, John Jewell, of the Cardiff school of journalism, takes us on the long journey that led publishers, editors, journalists and phone hacking victims to the royal courts of justice for the Leveson inquiry. His story begins 66 years ago…
The first Royal Commission on the Press was established in 1947 "with the object of furthering the free expression of opinion through the press and the greatest practicable accuracy in the presentation of the news".The first Royal Commission on the Press was established in 1947 "with the object of furthering the free expression of opinion through the press and the greatest practicable accuracy in the presentation of the news".
In its 1949 report, it proposed that the industry should set up a General Council of the Press to govern the behaviour of newspapers, as well as considering conditions of employment and training, issues of ownership, and promoting the interests of the consumers.In its 1949 report, it proposed that the industry should set up a General Council of the Press to govern the behaviour of newspapers, as well as considering conditions of employment and training, issues of ownership, and promoting the interests of the consumers.
In the years after the second world war, the press was subject to the "personal control of interventionist proprietors," such as Beaverbrook and Rothermere. Indeed, the cultural and political similarities between then and now are remarkable.In the years after the second world war, the press was subject to the "personal control of interventionist proprietors," such as Beaverbrook and Rothermere. Indeed, the cultural and political similarities between then and now are remarkable.
On the subject of journalists themselves, the report concluded: "Some of the spokesmen of the press who gave evidence appeared to us unduly complacent and deficient in the practice of self-criticism."On the subject of journalists themselves, the report concluded: "Some of the spokesmen of the press who gave evidence appeared to us unduly complacent and deficient in the practice of self-criticism."
The commission also judged that the presentation of news was often misleading and that there was an inherent partisanship and political bias within much reporting. It was critical of proprietors for offering an overly simplistic account of events rather than trying to educate their readers.The commission also judged that the presentation of news was often misleading and that there was an inherent partisanship and political bias within much reporting. It was critical of proprietors for offering an overly simplistic account of events rather than trying to educate their readers.
But the main recommendation of the report was the creation of a press council. Of great interest was the proposal that roughly 80% of the membership "should be composed of newspapermen of one sort and another" and about 20%, including the chairman, "should be composed of outside people – fair-minded, good citizens."But the main recommendation of the report was the creation of a press council. Of great interest was the proposal that roughly 80% of the membership "should be composed of newspapermen of one sort and another" and about 20%, including the chairman, "should be composed of outside people – fair-minded, good citizens."
However, it was not until 1953, after a political threat to establish statutory regulation, that a general council was set up. And then it included no lay membership. In the words of Jeremy Tunstall, "while claiming to be in the public interest, the council was fairly transparently a defender of press interest."However, it was not until 1953, after a political threat to establish statutory regulation, that a general council was set up. And then it included no lay membership. In the words of Jeremy Tunstall, "while claiming to be in the public interest, the council was fairly transparently a defender of press interest."
The second Royal Commission on the PressThe second Royal Commission on the Press
It was clear by 1961 that the general council had failed to engage with the range of reforms and practices outlined in the recommendations of the first royal commission. It never really acted in the public interest – its members were newspaper people and its funding came entirely from the industry.It was clear by 1961 that the general council had failed to engage with the range of reforms and practices outlined in the recommendations of the first royal commission. It never really acted in the public interest – its members were newspaper people and its funding came entirely from the industry.
Crucially, it had no power to enforce any decisions it made. So the second royal commission on the press (1961-1962), chaired by Lord Shawcross, was driven by the above issues, monopoly of ownership and by the closure of both national and provincial newspaper titles. Once again, observe the parallels with the present day.Crucially, it had no power to enforce any decisions it made. So the second royal commission on the press (1961-1962), chaired by Lord Shawcross, was driven by the above issues, monopoly of ownership and by the closure of both national and provincial newspaper titles. Once again, observe the parallels with the present day.
More than this, when the commission reported, it repeated the necessity – stated clearly in 1949 – "of a voluntary basis for regulation, but stressed the need above all for an effective and credible body, with statutory backing if necessary...More than this, when the commission reported, it repeated the necessity – stated clearly in 1949 – "of a voluntary basis for regulation, but stressed the need above all for an effective and credible body, with statutory backing if necessary...
"If... the press is not willing to invest the Council with the necessary authority and to contribute the necessary finance the case for a statutory body with definite powers and the right to levy the industry is a clear one""If... the press is not willing to invest the Council with the necessary authority and to contribute the necessary finance the case for a statutory body with definite powers and the right to levy the industry is a clear one"
This time, the press was quick to act, fearful of imposed radical changes. The general council became the press council. Dealing with complaints became a fundamental objective, in theory at least, and the composition of the council comprised 20% lay members, including its chairman, the judge Lord Devlin.This time, the press was quick to act, fearful of imposed radical changes. The general council became the press council. Dealing with complaints became a fundamental objective, in theory at least, and the composition of the council comprised 20% lay members, including its chairman, the judge Lord Devlin.
But certain things had not changed. Though the Devlin years (1964-1969) were considered to be successful by some, the willingness of the press to pay for stories relating to high profile cases such as the Profumo affair and the Moors murders, meant that the perception of a wilfully powerless organisation continued.But certain things had not changed. Though the Devlin years (1964-1969) were considered to be successful by some, the willingness of the press to pay for stories relating to high profile cases such as the Profumo affair and the Moors murders, meant that the perception of a wilfully powerless organisation continued.
For one thing, it was still financially reliant on proprietors for funding and needed the approval and cooperation of the editors to function at all. It was difficult to dispel the notion that the "long term purpose of the press council was to act as a public buffer, protecting the press from formal legislation and allowing it to carry on in much the same undisciplined way."For one thing, it was still financially reliant on proprietors for funding and needed the approval and cooperation of the editors to function at all. It was difficult to dispel the notion that the "long term purpose of the press council was to act as a public buffer, protecting the press from formal legislation and allowing it to carry on in much the same undisciplined way."
The third Royal Commission on the PressThe third Royal Commission on the Press
This inquiry (1974-1977) must be seen against the wider social and economic uncertainty of the times. The newspaper industry had its own economic problems but still the concerns over the "responsibilities, constitution and functioning" of the press council persisted.This inquiry (1974-1977) must be seen against the wider social and economic uncertainty of the times. The newspaper industry had its own economic problems but still the concerns over the "responsibilities, constitution and functioning" of the press council persisted.
Indeed, the 1977 commission concluded that the press council "has so far failed to persuade the knowledgeable public that it deals satisfactorily with complaints against newspapers, notwithstanding that this has come to be seen as its main purpose".Indeed, the 1977 commission concluded that the press council "has so far failed to persuade the knowledgeable public that it deals satisfactorily with complaints against newspapers, notwithstanding that this has come to be seen as its main purpose".
The report was highly disparaging of the council overall and made 12 recommendations, including the creation of a code of conduct on which it based its adjudications.The report was highly disparaging of the council overall and made 12 recommendations, including the creation of a code of conduct on which it based its adjudications.
But the commission shied away from recommending statutory powers for enforcement of sanctions. It was a full four years before the council responded to the report in 1981 and rejected the notion of a code.But the commission shied away from recommending statutory powers for enforcement of sanctions. It was a full four years before the council responded to the report in 1981 and rejected the notion of a code.
By this time the National Union of Journalists had withdrawn from membership of the press council on the grounds that it was "incapable of reform".By this time the National Union of Journalists had withdrawn from membership of the press council on the grounds that it was "incapable of reform".
Calcutt one: an inquiry into privacy and the pressCalcutt one: an inquiry into privacy and the press
In 1989, Sir David Calcutt QC was tasked with heading a privacy inquiry looking into press intrusion. This measure had cross-party support and came at a time when there was concerted public and political dissatisfaction with the perceived transgressions of the press.In 1989, Sir David Calcutt QC was tasked with heading a privacy inquiry looking into press intrusion. This measure had cross-party support and came at a time when there was concerted public and political dissatisfaction with the perceived transgressions of the press.
The 1980s had seen The Sun and the Daily Mail face adjudication from the press council on many occasions. It was the era of tabloid exposé and celebrity revelation, and the press council was seemingly, once again, unable or unwilling to curb the many excesses of the newspapers.The 1980s had seen The Sun and the Daily Mail face adjudication from the press council on many occasions. It was the era of tabloid exposé and celebrity revelation, and the press council was seemingly, once again, unable or unwilling to curb the many excesses of the newspapers.
The 1990 Calcutt report went over the same ground as its royal predecessors – the press council was inefficient as an adjudicating body, it was still far too close to the proprietors, it continued to reject out of hand far too many complaints.The 1990 Calcutt report went over the same ground as its royal predecessors – the press council was inefficient as an adjudicating body, it was still far too close to the proprietors, it continued to reject out of hand far too many complaints.
Calcutt recommended the setting up of a new Press Complaints Commission (PCC) to replace the press council. The new commission would be given 18 months to prove non-statutory self-regulation could work effectively and if it failed to do so, then a statutory system would be introduced.Calcutt recommended the setting up of a new Press Complaints Commission (PCC) to replace the press council. The new commission would be given 18 months to prove non-statutory self-regulation could work effectively and if it failed to do so, then a statutory system would be introduced.
The home secretary, David Waddington, told the Commons: "This is positively the last chance for the industry to establish an effective non-statutory system of regulation, and I strongly hope that it will seize the opportunity that the committee has given it.The home secretary, David Waddington, told the Commons: "This is positively the last chance for the industry to establish an effective non-statutory system of regulation, and I strongly hope that it will seize the opportunity that the committee has given it.
"If a non-statutory commission is established, the government will review its performance after 18 months of operation to determine whether a statutory underpinning is required."If a non-statutory commission is established, the government will review its performance after 18 months of operation to determine whether a statutory underpinning is required.
"If no steps are taken to set up such a commission, the government, albeit with some regret, will proceed to establish a statutory framework, taking account of the committee's recommendations.""If no steps are taken to set up such a commission, the government, albeit with some regret, will proceed to establish a statutory framework, taking account of the committee's recommendations."
On that basis, on 1 January 1991, the PCC came into being.On that basis, on 1 January 1991, the PCC came into being.
Calcutt two: the review of press regulationCalcutt two: the review of press regulation
The first 18 months of the PCC was reviewed in the second Calcutt report, which was published in January 1993. The results could scarcely have been more damning.The first 18 months of the PCC was reviewed in the second Calcutt report, which was published in January 1993. The results could scarcely have been more damning.
It was deemed to have been a total failure, with the pressing need for an independent body to be created which could restore public faith in critically damaged newspaper industry. Calcutt wrote:It was deemed to have been a total failure, with the pressing need for an independent body to be created which could restore public faith in critically damaged newspaper industry. Calcutt wrote:
"The Press Complaints Commission is not, in my view, an effective regulator of the press. It has not been set up in a way, and is not operating a code of practice, which enables it to command not only press but also public confidence."The Press Complaints Commission is not, in my view, an effective regulator of the press. It has not been set up in a way, and is not operating a code of practice, which enables it to command not only press but also public confidence.
It does not, in my view, hold the balance fairly between the press and the individual. It is not the truly independent body which it should be.It does not, in my view, hold the balance fairly between the press and the individual. It is not the truly independent body which it should be.
As constituted, it is, in essence, a body set up by the industry, financed by the industry, dominated by the industry, and operating a code of practice devised by the industry and which is over-favourable to the industry."As constituted, it is, in essence, a body set up by the industry, financed by the industry, dominated by the industry, and operating a code of practice devised by the industry and which is over-favourable to the industry."
For Calcutt, the press had had its final chance and the report recommended that the process toward creating a statutory Press Complaints Tribunal begin. It also suggested measures intended to improve standards, such as the idea that editors and journalists be obliged by contract to comply with an industry code of practice.For Calcutt, the press had had its final chance and the report recommended that the process toward creating a statutory Press Complaints Tribunal begin. It also suggested measures intended to improve standards, such as the idea that editors and journalists be obliged by contract to comply with an industry code of practice.
It further said that "individuals would have the right to appeal from the [new] commission to a press ombudsman with statutory powers" to supervise corrections, apologies and retractions.It further said that "individuals would have the right to appeal from the [new] commission to a press ombudsman with statutory powers" to supervise corrections, apologies and retractions.
In the event, the government delayed making a decision about the proposals until 1995 when the heritage secretary Virginia Bottomley announced that statutory controls would not be introduced. Instead, in the manner of so many before her, she issued a series of recommendations for PCC reform.In the event, the government delayed making a decision about the proposals until 1995 when the heritage secretary Virginia Bottomley announced that statutory controls would not be introduced. Instead, in the manner of so many before her, she issued a series of recommendations for PCC reform.
The Leveson inquiry: back to the Last Chance SaloonThe Leveson inquiry: back to the Last Chance Saloon
In July 2011, it was revealed by The Guardian that journalists on the News of the World had hacked into the phone messages of murdered schoolgirl Milly Dowler.In July 2011, it was revealed by The Guardian that journalists on the News of the World had hacked into the phone messages of murdered schoolgirl Milly Dowler.
This was followed by the news that police had contacted the families of two girls murdered in Soham victims and the families of victims of the 7/7 terrorist atrocities to tell them their phones may have been hacked.This was followed by the news that police had contacted the families of two girls murdered in Soham victims and the families of victims of the 7/7 terrorist atrocities to tell them their phones may have been hacked.
Events moved quickly. Prime minister David Cameron announced the setting up of a judicial inquiry into "the culture, ethics and practices of the British press" under Lord Justice Leveson. He took testimonies from 650 witnesses and issued a 2,000-page report on 29 November, 2012.Events moved quickly. Prime minister David Cameron announced the setting up of a judicial inquiry into "the culture, ethics and practices of the British press" under Lord Justice Leveson. He took testimonies from 650 witnesses and issued a 2,000-page report on 29 November, 2012.
It was clear, like his predecessors, that he believed statute was necessary to underpin a completely new watchdog system, which would be overseen by a judge.It was clear, like his predecessors, that he believed statute was necessary to underpin a completely new watchdog system, which would be overseen by a judge.
Also in the manner of his predecessors, Cameron disagreed. On 7 December 2012, days after the publication of the Leveson report, the prime minister was reported to be considering the establishment a new independent press watchdog by royal charter – the mechanism utilised when the BBC was set up in the 1920s.Also in the manner of his predecessors, Cameron disagreed. On 7 December 2012, days after the publication of the Leveson report, the prime minister was reported to be considering the establishment a new independent press watchdog by royal charter – the mechanism utilised when the BBC was set up in the 1920s.
National newspapers editors responded by saying that had met and "unanimously agreed" to start putting in place Leveson's broad proposals, except for statutory underpinning. Self-regulation would remain.National newspapers editors responded by saying that had met and "unanimously agreed" to start putting in place Leveson's broad proposals, except for statutory underpinning. Self-regulation would remain.
We were, in other words, back on familiar ground. As the Media Standards Trust submission to the Leveson inquiry pointed out in reference to David Mellor's 1991 quip about newspapers drinking in the last chance saloon, when the phrase is used with regard to the British press, it has attained the status of parody.We were, in other words, back on familiar ground. As the Media Standards Trust submission to the Leveson inquiry pointed out in reference to David Mellor's 1991 quip about newspapers drinking in the last chance saloon, when the phrase is used with regard to the British press, it has attained the status of parody.
*After Leveson? The future for British journalism, edited by John Mair, is published by Abramis. Available at a special Media Guardian price of £15 from richard@arimapublishing.co.uk*After Leveson? The future for British journalism, edited by John Mair, is published by Abramis. Available at a special Media Guardian price of £15 from richard@arimapublishing.co.uk
Tomorrow: Media academic Julian Petley examines the arguments of the Free Speech Network and takes issue with one of its leading voices, Tim LuckhurstTomorrow: Media academic Julian Petley examines the arguments of the Free Speech Network and takes issue with one of its leading voices, Tim Luckhurst
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