It has examined press ethics and media links to politicians. But
what reforms can we expect to see?
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The Leveson
inquiry has lasted three months
and has hosted a series of
politicians and media figures,
including David Cameron.
Photograph: Alastair Grant/AP |
It began last November with the grief of the Dowler family – and
the cameras snapping Hugh Grant. In between
came billionaires and editors, chief
constables and tabloid reporters – and
finally a succession of prime ministers.
Over 86 days of evidence, all human life
swept its way through the dock of court 73,
the home of the Leveson Inquiry – a string
of witnesses, all having their say on
"culture, practices and ethics of the press"
– and leaving behind a welter of
contradictory evidence for the high court
judge to wade through.
Lord Black, representing the newspapers who help fund the Press
Complaints Commission, on Thursday tried to
present his proposals for reform –
presenting a detailed plan to revamp the
body without introducing statutory
legislation. The Black plan, canvassed in
front of all newspaper owners, promises to
set up an investigations arm with the power
to levy fines of up to £1m if it uncovers
phone hacking style abuse, will introduce a
majority of lay members on its governing
bodies, and hopes to use sanctions such as
denying papers the use of Press Association
wires to ensure compliance. But Black's plan
faces a long battle and a sceptical judge if
the PCC-plus model is to be adopted.
In contrast, Nick Clegg and Ed Miliband told Lord Justice Leveson
this month they would support legislation to
help regulate the press, but Michael Gove
and George Osborne said just the reverse –
while David Cameron dodged the question. PCC
chairman Lord Hunt said he could toughen up
the so-called regulator with the support of
all newspapers, while Express owner and
PCC-refusenik Richard Desmond derided it as
a "useless organisation" staffed with people
who liked "tea and biscuits".
But as Black admitted on Thursday, it was unlikely that any fines
levied by the PCC would go to compensate
individuals wronged by the press – because
the issues examined were likely to be
systemic rather than stemming from a single
case.
That creates the central problem at the heart of the Leveson
inquiry. For supporters, the inquiry is a
long overdue reckoning for Britain's
newspapers, and its tabloids in particular.
The excesses of the past years, even
decades, were aired – the traducing of Kate
and Gerry McCann, or the accusation of
Christopher Jefferies, wrongly implied to be
a murderer – while some new misdeeds were
uncovered, with Times editor James Harding
having to explain away an isolated example
of email hacking at his title.
For critics Leveson became sprawling – its mini-inquiry into Jeremy
Hunt and the Sky bid may have been mandated
by David Cameron, but was in the eyes of
some far removed from its remit.
For his part, Lord Justice Leveson is desperate to be relevant,
rather than produce a document that will end
up "on the second shelf of a journalism
professor's study". He asked every major
politician in front of him to help him build
"consensus"; he knows he has the problem of
producing recommendations that will win
support from across the main parties, while
providing a template for a press that does
not want to be regulated by law.
He has seen ample evidence demonstrating the closeness of newspaper
owners, editors and politicians too – the
"country supper" and "Yes we Cam!" intimacy
as demonstrated by Rebekah Brooks's text
message to David Cameron – and is clearly
twitchy. Michael Gove said in February it
was creating a "chilling atmosphere" for the
press in which to operate – a remark that
prompted the judge to ring No 10 for
reassurance that his work was not going to
be ignored.
It is a handful of victims of press intrusion – the ordinary
members of the public – that sit at the
centre of Leveson's work. Kate and Gerry
McCann, whose daughter Madeleine went
missing in Portugal in 2007, changed the
tone of the inquiry at the end of its first
week of evidence. An emotional Kate talked
about "journalists [who] said we stored her
body in a freezer," and photographers who
would wait outside their Leicestershire home
to bang on the car window as she got the
children ready for school to get the
startled look for the words "fragile,
furious or whatever they wanted to put in
the headline".
They also told the story of how her personal diary had been
acquired by the News of the World and
published without permission – but while
there were apologies and libel payouts by
the Sunday tabloid and the Express and Star
titles, Gerry McCann was amazed that nobody
had lost their job.
They were not alone. Some made simple, effective pleas for reform.
Christopher Jefferies, who said he was
"shamelessly vilified" by tabloids who
implied, wrongly, that he had murdered
Joanna Yeates in Bristol in 2010, said that
once he was cleared there was no point going
to the PCC for redress, because the body had
"no powers to fine newspapers". He had to
resort to the courts, taking on the risk and
potential expense of a legal action to win a
six-figure libel payout.
Proposals for reform
Other hard cases prompted more debatable proposals. The inquiry
also heard from Margaret Watson, who said
articles in the Glasgow Herald and Marie
Claire, written after their daughter's 1991
murder by a classmate, contributed to their
15-year-old son's suicide. She argued that
the law should be changed so it was no
longer legally impossible for the dead to be
defamed. Gerry McCann, speaking the language
of his profession, medicine, argued "You
should not be able to publish photographs of
private individuals going about their
private business without their explicit
consent".
By having the so-called ordinary victims on early, in effect, Lord
Justice Leveson built up a case for the
prosecution. The judge made repeated
interventions indicating that he regarded
these cases as touchstones, in March noting
that any proposals for reform would have to
"work for me" by which he meant "the public
at large".
It was a point not lost on David Cameron. In his evidence this
month, he came close to handing the victims
a group veto. "If families like the Dowlers
feel this has really changed the way they
would have been treated, we would have done
our job properly," he said.
However, even the victims' stories presented complications. Lord
Justice Leveson attempted to get to the
bottom of what happened to Milly Dowler's
phone in 2002; the hacking revelation by the
Guardian that triggered his inquiry. Further
inquiries by the Met and Surrey police
tentatively concluded in December that it
may not be the case, as the Guardian had
originally reported, that the News of the
World deleted messages left for the then
missing schoolgirl on her mobile phone
shortly after she disappeared in March 2002.
The new doubt triggered a hostile reaction
from some parts of News International, the
publishers of the News of the World, with
Richard Caseby, the Sun managing editor,
arguing it was the "twist of the knife," the
poignant detail that led to the tabloid's
closure.
It was a moment where some hoped the inquiry might collapse, but
Leveson concluded that if there was "any
doubt" about the purpose of his inquiry by
then, he anticipated that "the last month" –
meaning the evidence of victims of press
intrusion – had dispelled that.
Further investigations followed, the Guardian corrected its
original report, by which time the
temperature came out of the issue. In March
Rupert Murdoch launched the Sun on Sunday,
which now sells 2.2m copies – 400,000 less
than the old News of the World – and a
further analysis by the Met and Surrey
police in April was unable to explain what
it was that caused the phone messages on
Milly's phone to clear at the end of March
2002, which had given her parents "false
hope" she was alive.
The police examination revealed clear evidence her phone was hacked
in April 2002 – but the fact that it was so
difficult to pin down what had happened 10
years ago may explain why it has taken so
long for hacking charges to emerge. At the
time of writing the Crown Prosecution
Service is deciding whether to charge 11
journalists with hacking offences, in an
investigation that began in January of 2011.
On alleged evidence supplied by News Corporation's in-house
management and standards committee, a string
of Sun journalists were arrested on
suspicion of making corrupt payments to
public officials. At first there were howls
of complaint from the Sun, which in turn
prompted Detective Assistant Commissioner
Sue Akers to come to the inquiry and make
the incendiary statement in February that
there was a "culture of illegal payments" to
police and other public sector officials.
But with the Akers led-inquiry into alleged
bribes – Operation Elveden – still ongoing,
Leveson was unable to hear more about the
subject. His inquiry into press standards
had to move on, unable to touch on the
subject of ongoing investigations.
Instead the inquiry moved on to the nexus of relationships between
the press and politicians, and in particular
the tight links between News International,
New Labour and latterly David Cameron and
his Conservatives.
In some respects, politicians were treated like victims, although
Tony Blair's plea for Leveson to find a way
of ensuring a greater separation between
fact and comment – he complained of having
fallen out with the "controlling element" of
the Daily Mail – did not find much take-up
anywhere else.
Mostly, Leveson helped lay bare the details of the intimacy between
Britain's press and political class –
forcing newspaper owners and politicians to
disclose their contacts with party leaders,
leading to the revelation, for example, that
it was James Murdoch who told Cameron that
the Sun would back the Conservatives on 10
September 2009 at a breakfast at The George
club – three weeks before the newspaper
actually did so with its "Labour's Lost It!"
front page, on the day after Gordon Brown's
speech to Labour conference. The prime
minister was forced to disclose on five
separate occasions how often he had met News
International executives – with the amount
reaching 59 after Leveson obliged him to
release a full list – of meetings that
included the country suppers of the kind
Rebekah Brooks referred to.
It was a valuable exercise in disclosure, which is likely to set a
standard for transparency in the future.
Looking for a smoking gun
The harder task, though, was proving the existence or otherwise of
"deals" between politicians and media
owners, for which read Rupert Murdoch. On
the first of the media mogul's two days of
evidence, Murdoch said "I've never asked a
prime minister for anything in my life" – a
claim echoed, curiously, by both Blair and
Cameron.
The inquiry looked hard at the circumstances of News Corp's bid for
BSkyB, which was launched a month after the
2010 general election, but Cameron said it
was "nonsense" that there was an "overt
deal" in which support for the Tories was
translated into support for the bid. Nor,
despite intense inquiry, was there any
explicit evidence of a deal, though there
was plenty of evidence of close contact
between Jeremy Hunt and James Murdoch before
a clearly pro-News Corp Hunt got to decide
on the bid – and plenty of close contact
between Hunt's special adviser, the hapless
and loyal Adam Smith, and Murdoch's special
adviser Fred Michel during the process.
That left the inquiry to posit a different theory, with Robert Jay,
the counsel to the inquiry, asking Rupert
Murdoch if he had an "aura or charisma" that
meant he never had to ask explicitly for
what he wanted from editors or politicians.
It is a subtle argument, but its difficulty (apart from the lack of
paperwork to prove the point) is that it
does not obviously lead to any solutions.
Equally significantly, Leveson has so far
showed little apparent desire to get into
the question of the ownership structures of
newspapers: when invited by Ed Miliband to
set a cross-media ownership limit that would
force a Murdoch sale of the Sun or the
Times, Leveson fought shy, "because that
involves all sorts of competition issues
which would require quite detailed
analysis".
Instead, Leveson went elsewhere to debate some practical solutions.
The judge has been surprisingly consistent
in the views he has espoused, taking the
approach of testing out ideas periodically
with witnesses he likes. Leveson is clearly
sceptical of the PCC, telling Financial
Times editor Lionel Barber in January that
the body was not "really a regulator" but a
"complaints mechanism" – and that it needed
to be supplemented by another body, a new
kind of court, "some sort of arbitral
system" to cover libel and privacy claims -
an imagined body that the judge said would
be designed to be low cost - or to use a
phrase he repeated many times "not make
extra work for lawyers". Its nearest
analogue would be the industrial tribunals,
or the arbitration system used in the
construction industry.
This, though, is an area that would require legislation, though the
libel and privacy tribunal could sit
alongside a revamped PCC. But all the
evidence in front of Leveson suggests that
the battle to come is whether there should
be a "Leveson Bill" – and what it should
contain, given the broad nature of the
evidence submitted so far. Leveson has
suggested it could include constitutional
safeguards for the freedom of the press
along the lines of those offered for the
judiciary – but so deep is the fear of
legislation that Lord Hunt, giving evidence
in February, said he feared that a bill with
such intentions would end up being subverted
by parliament.
But given that Leveson is so focused on the difficulties faced by
the likes of the Dowlers and the McCanns,
and how they can get affordable redress and
compensation – the real battle over reform
is only just beginning.
• This article was amended on 22 June 2012. The original said that
the Sun on Sunday sells 400,000 more copies
than the old News of the World. This has
been corrected. |