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| After Leveson: how the judge tried to tackle the 'murky' business of privacy | After Leveson: how the judge tried to tackle the 'murky' business of privacy |
| (1 day later) | |
| Today's extract from the book After Leveson* is by the journalist, and journalism lecturer, Natalie Peck. She considers Lord Justice Leveson's deliberations on privacy | Today's extract from the book After Leveson* is by the journalist, and journalism lecturer, Natalie Peck. She considers Lord Justice Leveson's deliberations on privacy |
| The discussion of privacy, as both a concept and a human right in relation to press intrusion, was a central element to the Leveson inquiry's hearings. | The discussion of privacy, as both a concept and a human right in relation to press intrusion, was a central element to the Leveson inquiry's hearings. |
| In philosophical and legal literature, privacy has been likened to an "elusive status" and "murky conceptual waters". Many academics, journalists, legal writers, lawyers and judges have tried to define privacy, but no single definition is agreed upon. | In philosophical and legal literature, privacy has been likened to an "elusive status" and "murky conceptual waters". Many academics, journalists, legal writers, lawyers and judges have tried to define privacy, but no single definition is agreed upon. |
| Lord Justice Leveson examined, but never lingered, on the definitional problems of privacy. His focus lay in uncovering the "dark arts" of journalism and in hearing the evidence of those who had been affected by press intrusion. | Lord Justice Leveson examined, but never lingered, on the definitional problems of privacy. His focus lay in uncovering the "dark arts" of journalism and in hearing the evidence of those who had been affected by press intrusion. |
| The judge's report steers clear of recommending an extension of the civil law to protect individual privacy. The action centres instead around the formation of a new press regulator to deal with complaints about intrusion. | The judge's report steers clear of recommending an extension of the civil law to protect individual privacy. The action centres instead around the formation of a new press regulator to deal with complaints about intrusion. |
| Leveson recognised that a new, stronger regulatory system had to balance the concerns of targeted individuals and the working practices of journalists. | Leveson recognised that a new, stronger regulatory system had to balance the concerns of targeted individuals and the working practices of journalists. |
| In hearing evidence about invasions of privacy, the judge understood the problem of exposing those who had already suffered intrusions to further scrutiny by the media and the public. | In hearing evidence about invasions of privacy, the judge understood the problem of exposing those who had already suffered intrusions to further scrutiny by the media and the public. |
| He told actress Sienna Miller, who was followed constantly by paparazzi photographers until a successful series of legal actions from the summer of 2008: "I'm very conscious that you have strong views about privacy and that the very act of coming to give evidence to me exposes you and means that you're talking about things which actually you're quite keen not to want to talk about". | He told actress Sienna Miller, who was followed constantly by paparazzi photographers until a successful series of legal actions from the summer of 2008: "I'm very conscious that you have strong views about privacy and that the very act of coming to give evidence to me exposes you and means that you're talking about things which actually you're quite keen not to want to talk about". |
| Likewise, Christopher Jefferies, the landlord of murder victim Joanna Yeates, was told: "It must be singularly unpleasant to have to revisit the events through which you lived and then to have to recount them in public for all to hear, thereby giving further oxygen to the unpleasantness that you have suffered. | Likewise, Christopher Jefferies, the landlord of murder victim Joanna Yeates, was told: "It must be singularly unpleasant to have to revisit the events through which you lived and then to have to recount them in public for all to hear, thereby giving further oxygen to the unpleasantness that you have suffered. |
| "I'm very grateful to you for having done so. I'm sure you appreciate the importance that I attach to trying to get to the issues that I have to resolve, but I do recognise the imposition of a breach of your privacy that it involves". | "I'm very grateful to you for having done so. I'm sure you appreciate the importance that I attach to trying to get to the issues that I have to resolve, but I do recognise the imposition of a breach of your privacy that it involves". |
| How to distinguish the victims of privacy intrusions | How to distinguish the victims of privacy intrusions |
| In his report, Leveson divided the witnesses into four categories: people with a public profile, victims of crime, innocent bystanders and those with links to the other three categories. | In his report, Leveson divided the witnesses into four categories: people with a public profile, victims of crime, innocent bystanders and those with links to the other three categories. |
| People in the first category had to be split in three sub-categories. The first were "those who occupy positions of power and responsibility in our democracy", such as politicians, corporate heads and, possibly, the owners and editors of national newspapers. | People in the first category had to be split in three sub-categories. The first were "those who occupy positions of power and responsibility in our democracy", such as politicians, corporate heads and, possibly, the owners and editors of national newspapers. |
| The second, those "famous as a consequence of their success in their chosen profession", were exemplified by people who gave evidence to the inquiry: actors such as Miller, Hugh Grant and Steve Coogan, singer Charlotte Church and author JK Rowling. | The second, those "famous as a consequence of their success in their chosen profession", were exemplified by people who gave evidence to the inquiry: actors such as Miller, Hugh Grant and Steve Coogan, singer Charlotte Church and author JK Rowling. |
| The third sub-group concerned "those who are famous only for their celebrity", such as reality TV stars. | The third sub-group concerned "those who are famous only for their celebrity", such as reality TV stars. |
| In the victims of crime category were the Dowler, McCann and Watson families, who had to deal with press intrusion, and it also included those wrongly accused of committing crimes, like Jefferies. | In the victims of crime category were the Dowler, McCann and Watson families, who had to deal with press intrusion, and it also included those wrongly accused of committing crimes, like Jefferies. |
| The innocent bystanders' category was largely composed of groups from campaigning bodies and charities, including those representing women, ethnic minorities and transgender people. These were concerned with the need to make third party complaints to a regulator. | The innocent bystanders' category was largely composed of groups from campaigning bodies and charities, including those representing women, ethnic minorities and transgender people. These were concerned with the need to make third party complaints to a regulator. |
| As for those with links to the other three categories, the inquiry heard from people related to Charlotte Church and Hugh Grant. Another witness, Mary-Ellen Field, who worked for the model Elle MacPherson. | |
| The inquiry heard alternative opinions about the media treatment meted out to all of these people. | The inquiry heard alternative opinions about the media treatment meted out to all of these people. |
| Paul Staines, the author of the Guido Fawkes blog, said: "I particularly don't think people in public life, people who are… paid for by the taxpayers, or subject to the voters, should expect the same degree of privacy as a private citizen who has no public life can expect". | Paul Staines, the author of the Guido Fawkes blog, said: "I particularly don't think people in public life, people who are… paid for by the taxpayers, or subject to the voters, should expect the same degree of privacy as a private citizen who has no public life can expect". |
| But John Battle, head of legal services at ITN, said: "Everyone is entitled to some measure of privacy, even celebrities who put their private life into the public domain. | But John Battle, head of legal services at ITN, said: "Everyone is entitled to some measure of privacy, even celebrities who put their private life into the public domain. |
| "However, whether an individual is a public figure, such as a politician or celebrity, who has placed their private life firmly in the public domain, or an ordinary member of the public who has not sought publicity may be relevant but not necessarily conclusive in considering a privacy issue". | "However, whether an individual is a public figure, such as a politician or celebrity, who has placed their private life firmly in the public domain, or an ordinary member of the public who has not sought publicity may be relevant but not necessarily conclusive in considering a privacy issue". |
| Arbitration system best way to resolve privacy disputes | Arbitration system best way to resolve privacy disputes |
| In one of the stronger statements in his report, Lord Justice Leveson observed: "There have been too many times when, chasing the story, parts of the press have acted as if its own code, which it wrote, simply did not exist. | In one of the stronger statements in his report, Lord Justice Leveson observed: "There have been too many times when, chasing the story, parts of the press have acted as if its own code, which it wrote, simply did not exist. |
| "This has caused real hardship and, on occasion, wreaked havoc with the lives of innocent people whose rights and liberties have been disdained. This is not just the famous but ordinary members of the public, caught up in events (many of them, truly tragic)." | "This has caused real hardship and, on occasion, wreaked havoc with the lives of innocent people whose rights and liberties have been disdained. This is not just the famous but ordinary members of the public, caught up in events (many of them, truly tragic)." |
| Leveson's suggestion of an arbitration system may be the most relevant way of resolving disputes over privacy (and defamation). It could strike out invalid claims without wasting time and money during legal proceedings. | Leveson's suggestion of an arbitration system may be the most relevant way of resolving disputes over privacy (and defamation). It could strike out invalid claims without wasting time and money during legal proceedings. |
| It remains to be seen whether an arbitration system will be included in the new regulatory body. But it seems vital that the report's practical privacy recommendations are taken seriously in order to allow easy access to justice for the public and a cheaper way to resolve claims for both claimants and newspapers. | It remains to be seen whether an arbitration system will be included in the new regulatory body. But it seems vital that the report's practical privacy recommendations are taken seriously in order to allow easy access to justice for the public and a cheaper way to resolve claims for both claimants and newspapers. |
| *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 |
| Coming soon: Phil Harding, former controller of editorial policy at the BBC, argues that the teaching of ethics should be at the core of the journalism curriculum | Coming soon: Phil Harding, former controller of editorial policy at the BBC, argues that the teaching of ethics should be at the core of the journalism curriculum |