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Scottish press regulation plans under threat Scottish press regulation plans under threat
(7 months later)
A cross-party consensus around separate press regulation in Scotland is showing signs of collapse after an expert panel proposed far tougher rules on the media than suggested by Lord Justice Leveson.A cross-party consensus around separate press regulation in Scotland is showing signs of collapse after an expert panel proposed far tougher rules on the media than suggested by Lord Justice Leveson.
A panel set up Alex Salmond, chaired by Lord McCluskey, to propose a Scotland-only press regulator surprised editors and political leaders by stating that all news media and magazines, including news blogging sites, should be subject to "universal" and compulsory regulatory control.A panel set up Alex Salmond, chaired by Lord McCluskey, to propose a Scotland-only press regulator surprised editors and political leaders by stating that all news media and magazines, including news blogging sites, should be subject to "universal" and compulsory regulatory control.
To the shock of many journalists, the panel openly stated that it believed Leveson's recommendations for a press regulator limited to "all significant news publishers" were too timid and ineffective, as was Leveson's preference for an "opt in or opt out" model for publishers.To the shock of many journalists, the panel openly stated that it believed Leveson's recommendations for a press regulator limited to "all significant news publishers" were too timid and ineffective, as was Leveson's preference for an "opt in or opt out" model for publishers.
There were immediate criticisms of the proposals from supporters of separate Scottish regulation, including the Scottish Green party, and clear signs that Salmond was distancing himself from the recommendations.There were immediate criticisms of the proposals from supporters of separate Scottish regulation, including the Scottish Green party, and clear signs that Salmond was distancing himself from the recommendations.
The proposals also raise the pressure on Scottish National party MPs to vote with Labour and the Liberal Democrats at Westminster on Monday against David Cameron's decision to reject full statutory regulation: with the very delicate balance of power in the Commons, SNP votes could be pivotal.The proposals also raise the pressure on Scottish National party MPs to vote with Labour and the Liberal Democrats at Westminster on Monday against David Cameron's decision to reject full statutory regulation: with the very delicate balance of power in the Commons, SNP votes could be pivotal.
Patrick Harvie, the Scottish Green party leader, said those proposals threatened the freedom of expression of individual citizens, and would provoke "a torrent of complaints about every website, every blog, even every single tweet. I cannot see how this is remotely practical, even if it was desirable."Patrick Harvie, the Scottish Green party leader, said those proposals threatened the freedom of expression of individual citizens, and would provoke "a torrent of complaints about every website, every blog, even every single tweet. I cannot see how this is remotely practical, even if it was desirable."
The newspaper industry rejected McCluskey's proposals in their entirety, stating that it saw no case for a Scotland-only system. Tim Blott, chairman of the Scottish Newspaper Society, said it was "in favour of UK-wide, non-statutory regulation and is opposed to a Scotland-only solution, which we believe will be a costly burden on many small publishers who are already facing economic hardship".The newspaper industry rejected McCluskey's proposals in their entirety, stating that it saw no case for a Scotland-only system. Tim Blott, chairman of the Scottish Newspaper Society, said it was "in favour of UK-wide, non-statutory regulation and is opposed to a Scotland-only solution, which we believe will be a costly burden on many small publishers who are already facing economic hardship".
The committee said those controls should be universal, and cover all news media, including those online, in the same way that legislation on contempt, harassment, bribery and regulation of investigatory powers was all-encompassing.The committee said those controls should be universal, and cover all news media, including those online, in the same way that legislation on contempt, harassment, bribery and regulation of investigatory powers was all-encompassing.
While accepting some bloggers would be exempt, it said all news media should be expected to meet those costs.While accepting some bloggers would be exempt, it said all news media should be expected to meet those costs.
It stated: "The principal difference between what we advise and what others have proposed is that the jurisdiction of the regulatory body must extend by law to all publishers of news-related material. No publisher of news-related material should be able to opt out of that jurisdiction."It stated: "The principal difference between what we advise and what others have proposed is that the jurisdiction of the regulatory body must extend by law to all publishers of news-related material. No publisher of news-related material should be able to opt out of that jurisdiction."
Asserting that Leveson's flexible approach on joining the new system was too easy to avoid because Scotland has no system of aggravated damages to use against obstructive papers, the panel added: "We have reached the view that there is no practical alternative to making it compulsory for all news-related publishers to be subject to the new system of regulation." After enthusiastically embracing Leveson's proposals for a statutory regulator last year, Salmond had claimed the Scottish parliament would act swiftly and decisively to support Leveson, in contrast to Westminster and David Cameron's government.Asserting that Leveson's flexible approach on joining the new system was too easy to avoid because Scotland has no system of aggravated damages to use against obstructive papers, the panel added: "We have reached the view that there is no practical alternative to making it compulsory for all news-related publishers to be subject to the new system of regulation." After enthusiastically embracing Leveson's proposals for a statutory regulator last year, Salmond had claimed the Scottish parliament would act swiftly and decisively to support Leveson, in contrast to Westminster and David Cameron's government.
Under devolution, Holyrood has the legal powers to introduce separate press regulation but has never done so: until Leveson, the industry and most major parties supported UK-wide regulation.Under devolution, Holyrood has the legal powers to introduce separate press regulation but has never done so: until Leveson, the industry and most major parties supported UK-wide regulation.
But in a statement released on Friday after studying the McCluskey proposals, Salmond was far less enthusiastic. Salmond failed to support any of McCluskey's proposals, and said he wanted more time to consider them.But in a statement released on Friday after studying the McCluskey proposals, Salmond was far less enthusiastic. Salmond failed to support any of McCluskey's proposals, and said he wanted more time to consider them.
On Thursday evening, Salmond had met other party leaders, and was aware they were worried by the proposals. He admitted he needed to continue talks with other leaders and with the UK government, to build a cross-party consensus.On Thursday evening, Salmond had met other party leaders, and was aware they were worried by the proposals. He admitted he needed to continue talks with other leaders and with the UK government, to build a cross-party consensus.
He described the report as "an important contribution" to the debate, and as an "extremely thorough piece of work". Salmond added: "We will now take the time to consider all of their suggestions in full and discuss the proposals with the other political parties and other stakeholders."He described the report as "an important contribution" to the debate, and as an "extremely thorough piece of work". Salmond added: "We will now take the time to consider all of their suggestions in full and discuss the proposals with the other political parties and other stakeholders."
Harvie, who is also closely aligned with the pro-independence movement and has been fiercely critical of the media, said: "The McCluskey report appears to go much further than anyone had expected. [If] the will exists in Scotland to see the Leveson proposals implemented, it should not be beyond our ability to ensure that professional, commercial media organisations are properly regulated, but individual citizens are not caught up in the same system."Harvie, who is also closely aligned with the pro-independence movement and has been fiercely critical of the media, said: "The McCluskey report appears to go much further than anyone had expected. [If] the will exists in Scotland to see the Leveson proposals implemented, it should not be beyond our ability to ensure that professional, commercial media organisations are properly regulated, but individual citizens are not caught up in the same system."
Willie Rennie, the Scottish Liberal Democrat leader, said the McCluskey report was more radical than expected and strengthened his preference for a UK-wide deal on press regulation.Willie Rennie, the Scottish Liberal Democrat leader, said the McCluskey report was more radical than expected and strengthened his preference for a UK-wide deal on press regulation.
"I hope that all Scottish MPs will attend the vote [at Westminster] on Monday to support statutory underpinning for the self-regulation elsewhere in the UK. That will increase the effectiveness of any system in Scotland. It will keep the options on the table for Scotland," he said."I hope that all Scottish MPs will attend the vote [at Westminster] on Monday to support statutory underpinning for the self-regulation elsewhere in the UK. That will increase the effectiveness of any system in Scotland. It will keep the options on the table for Scotland," he said.
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