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Alexander Walters

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The Press Needs to Put Its House in Order - but Regulation Is Not the Answer

Posted: 12/01/2012 00:00

Journalists have rarely ranked high in the affections of the British public. Occasionally venerated for noble efforts abroad or campaigns at home, they are mostly left to languish alongside society's bottom feeders - politicians, for example, or estate agents. Even the clergy is more trustworthy than the British hack, according to Ipsos Mori, and journalists don't generally molest your kids. Neither do the clergy, I am legally obliged to point out. Generally.

But the phone hacking scandal of 2011 has done unprecedented damage to the reputation of our fourth estate. It has taken the public disgust at the News of the World's hacking of Milly Dowler's phone to bring about the first serious investigation into press ethics in more than a decade, the results of which will seriously influence our newspapers' future.

Until now the press has been watched over by a self-regulatory body, the Press Complaints Commission (PCC), a toothless and ineffective organ that can impose no significant penalty on transgressors and whose only effective contribution to the media landscape is its Editors' Code of Practice, a well-meaning if oft-ignored document that sets out solid ethical standards for journalists.

The PCC, however, is attempting to grow some teeth. It put a number of proposals to a summit of editors last month, including a kind of "self-licensing system" in which publishers would voluntarily sign up to a contract that binds them to certain terms. A breach of the terms would then enable the PCC to impose fines on the culprit.

Such a system is impractical for a number of reasons, not least the challenge of persuading publishers to sign up for it. The terms of any contract would be exceptionally difficult to define and cause vast controversy when enforced. Newspapers would have to submit to an investigation after a complaint is made against them, the result of which would determine what financial penalty they are to face, if any. Why would any newspaper put its trust in the PCC to adjudicate fairly in contentious cases when it has already proved itself to be inept and easily manipulated?

Perhaps more pertinently, why would Richard Desmond's titles sign up? His Daily Star has been caught time and again fabricating stories, misrepresenting the facts and generally indulging in the kind of journalism that makes the majority of Fleet Street ashamed. And if a rival isn't signed up then why would another paper volunteer to risk financial penalty for a story that their competitor will run without fear of retribution? Turkeys rarely vote for Christmas.

At the other end of the spectrum lies statutory regulation, itself a dangerous threat to the freedom of the press. The Trafigura controversy shows that our lawmakers cannot be trusted with free speech, let alone another authority. Besides, a rational and independent regulator is unlikely now and is certainly not guaranteed in perpetuity. Once the handcuffs are on, they are very difficult to remove. We must not in one stroke of public outrage concede liberties that took our press centuries to win.

Yet, frightening as statutory regulation is, by the time the influence of bloggers, anonymous commenters and social network gossip is taken into account, the concept of a regulated press seems slightly absurd. Whatever a newspaper is too frightened or too sensible to say will already be all strewn across Twitter, Facebook and even the newspaper's own website in the form of hastily moderated comment streams. Do these individuals face regulation too?

Voluntary licensing is impractical and statutory regulation is dangerous - yet something does have to change. That change lies in heart of the press itself. Our newspapers must win back the trust of the public and adhere to the values that make journalism so important - by exposing corruption, challenging authority, comforting the afflicted and afflicting the comfortable.

The Leveson Inquiry and the fall-out of the phone hacking scandal may have given the industry one final chance to put its own house in order. If it does not, then statutory regulation isn't far away. The line between right and wrong may often be grey, but murdered schoolgirls make for sharpened contrasts. The press cannot make such mistakes again.

 

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Gavin Saunders
we only have each other
08:34 PM on 01/24/2012
Aren't there also just too many papers vying for fewer and fewer customers causing pressure for them to adopt whatever crafty means their competitor do?

When you have the voracious and unscrupulous likes of Muckmurdoch leading the way in terms of profit expectations, it is not surprising any papers more principled and less willing to cut costs or introduce scuttlebutt will be left behind.

Same goes for TV where his model of a news service infused with hollywood fluff and gossip has pervasively crept through to all the networks bringing down public discourse in the process.
07:26 PM on 01/12/2012
Phone hacking, harassment and threats tantamount to blackmail in order to force information out of victims are all contrary to the law. Let the law be enforced for these and other such transgressions but do not, under any circumstances give politicians a license to determine what and how the press are allowed to publish.
01:06 AM on 01/12/2012
Maybe the State cannot as you say be trusted with free speech. But the Press clearly cannot be trusted with it either.

The problem you journalists have is one of values. You don't see anything wrong in telling lies. Therefore you trample all over free speech by corruptly abusing it. And then you bleat about "the public interest" in pitiable self-justification. Unfortunately, a journalist wouldn't know what "the public interest" was if it bit him.

Let me give you an example. Several years ago, a TV personality was arrested after an allegation of child molestation. He was not prosecuted or even charged, but even though no charges were brought, his name was leaked to the press by a policeman.

The press had a field day - until the police decided there was nothing in it. what was the public interest angle in all of this? The REAL public interest angle was that a bent copper was leaking information about arrests - not charges - arrests to a tabloid.

But the press did not investigate that. The press decided to have a good old muck-rake instead.

You are right about one thing - the unregulated internet as an information source. Clearly unreliable - yet you journalists could have done so much more to protect the fourth estate, simply by behaving with some integrity. Then the press would have been trusted, and notwithstanding the liberty of expression on the internet, it would never command trust compared to the papers.

Your fault.
09:38 AM on 01/12/2012
I entirely agree that this situation is the fault of the press and the example that you give is sadly a mere drop in the ocean of press malpractice over the centuries. Stories run by the News of the World about ordinary civilians doing nothing more than having kinky sex have, to my knowledge, resulted in at least two suicides. There is a fantastic book by Peter Burden about this (and other things): http://www.amazon.co.uk/News-World-Sheikhs-Royal-Trappings/dp/1903070791

That is not to say that malpractice is confined to the now-defunct NoW, however. It's been part of the press landscape since the birth of the medium. My point is that these nefarious elements have undermined the genuine value of our press and that they must now be rooted out of the industry - but from within. My piece is a call for one last try. As Lionel Barber's exchange with Leveson indicated, we've been in Last Chance Saloon too many times before. But perhaps this shock has been so great, so momentous (the closure of a behemoth amongst the national titles is no small incident), that we stand a chance of getting it right this time.

The press does not deserve a further chance, I merely hope that it will be afforded one.
07:30 PM on 01/12/2012
Like you I want to see the press escape regulation. After such a step what next - The internet?
10:17 PM on 01/12/2012
good answer.
01:02 AM on 01/12/2012
Great article. Press regulation would indeed be a bad solution.
There is however another factor that takes care of regulation: the loss of readers.
Once in a while simple decency of the people makes a difference. It took a little while
until for instance the former NOTW readers came to their own conclusion and obviously
decided that they can live without any Sunday tabloid at all.
A look at the newspaper business:
" ... it appears that many of the 4.3m solo readers of NoW have dropped out of the market altogether. ..."
" ... total net readership of national Sunday newspapers fell from 19,221,000 to 15,859,000,
a 17% decline of 3,362,000. ..."
http://www.guardian.co.uk/media/greenslade/2011/nov/25/newsoftheworld-national-newspapers

When looking at the monthly ABCs the steady and gradual decline of the tabloids is
also apparent. The next ABC figures, due this Friday, are likely to show some more
and serious decline of readers.
It takes a while for the scandal to sink in but people gradually lose interest. There is
therefore no reward for bad behavior.
What also could again make a difference, punish bad behavior, are protest like the
one that targeted advertisers of NOTW.
http://www.guardian.co.uk/commentisfree/2011/jul/06/news-of-the-world-twitter-campaign
01:40 AM on 01/12/2012
Is killing the press the right idea?
09:46 AM on 01/12/2012
Good point, but the closure of a national title has always taken a chunk out of the market, even in the glory days. What we're seeing is overall circulation decline as readers switch to different media. The downside is the crippling loss of print advertising, the upside is the vast increase in reach. The Telegraph brand now reaches something like 1 in 4 UK citizens, up from 1 in 10 a decade or so ago.

The Graun and others will be hoping for a massive uptick in digital ad revenues, and the recession isn't helping.