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Neil Wallis

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How a By-Election Proves State Regulation of the Press is WRONG

Posted: 27/11/2012 23:00

The irony is almost too rich to bear. On Thursday, the same day that Lord Justice Leveson delivers his long-awaited report into regulation of the British press, there is a parliamentary by-election in Rotherham.

It has been caused by the forced resignation of Labour MP Denis McShane (a fervent press regulator, incidentally) after he was exposed by national newspapers for stealing many thousands of pounds from the taxpayer...

Consider these names too: Stephen Dorrell, Eric Ilsley, John Prescott, Eric Joyce, David Chaytor, Margaret Moran, Jeffrey Archer, Lord Hanningfield, Elliot Morley, Jim Devine, Baroness Udin, Lord Taylor, Mark Oaten, Lord Paul, David Laws - trust me, I could go on and on and on.
They are all MPs or politicians who - if it wasn't for exposure by a free press - would have had the right to vote on whether or not to take away 317 years of press freedom and impose State Regulation of the press.

I say "would have", because most of them are now disgraced - in prison for stealing taxpayers money, caught up in sexual scandal, or simply caught out misusing the system immorally to line their own pockets.

Remember the MPs Expenses scandal, the claims for the duck ponds and the luxury kitchens and second homes miles from their own constituencies?

It still goes on and on. Recently the Daily Telegraph ran an expose detailing how some MPs have bought flats, then rented them out to tenants, pocketed the income, then rented ANOTHER flat for themselves and claimed back the rent from the taxpayer! Nice little earner...They even rent to fellow MPs who ALSO claim the cash from the taxpayer!

The Telegraph is trying to dig deeper on this story - but the Speaker of the House of Commons John Bercow doesn't like all this prying into MPs expenses (well, they elected him to office!) and is fighting a clever rearguard action using parliamentary privilege to frustrate the investigative journalists.

Why do I raise this? Because these are the kind of people who are asking you to "trust them" to do the right thing about regulating the freedom of press.

IF they succeed MPs will get the press they want - supine, acquiescent, unquestioning and dull like in state regulated France - rather than the impertinent, rude, awkward, partisan, iconoclastic press they absolutely deserve.

Let us be clear, the British press has and does get things badly wrong. Hacking into Milly Dowler's phone was utterly wrong. Hacking into the phones of the families of the victims of Soham, of 7/7, of Madeleine McCann, was similarly unconscionable. The pillorying of innocent murder suspect Christopher Jeffries was wrong.

But as Prof Tim Luckhurst said last week "Free speech is for everyone, not just for some of the
victims of bad journalism."

Of the 10,000 or so journalists in the UK, the 1,200 newspapers and magazines, who write or publish many millions of stories every year, only a tiny few were involved in the criminal activity that is alleged.

Never forget that laws designed to neuter national tabloids also hit national broadsheets, local newspapers, the magazine industry and their 1,600 associated websites.

The Regulation lobby claim "statutory underpinning" of the press will have no impact other than as a reminder to the press to behave itself. Seductive.

Beware of the Law of Unintended Consequences - it is just the thin edge of the wedge. The Terrorism Act (2000) was brought in to tackle terrorism. That's good, isn't it? Politicians inserted into it Sect 44 to make it easier to intercept potential terrorists. Except the police promptly used to apprehend anyone they damn well fancied. Over 253,000 in one year alone, including a schoolboy in uniform on a geography project, an MP checking out a local bridlepath, and a man taking a photograph of a sunset. Not a single prosecution ever resulted.

I was arrested in a 6am raid on my West London crime-den under the Regulation of Investigatory Powers Act 2000. RIPA was designed by MPs to target terrorism communications.
It states it can investigate "any aspect of a person's private or personal relationships".

Politicians have since allowed it to be used to electronically tag your dustbins, monitor dog poo, to spy on families seeking school places, fishing bailiffs, Trading Standards on prostitution adverts, a joke shop, smoking bans etc.

Give most politicians an inch, and they'll take five miles. Too many WILL destroy a free press given the chance.

And what about the web? It is surely Don Quixote-level madness to try to gag print when you can publish anything whatsoever, true or not, private or not, on the internet? Lord McAlpine anyone? One example proves the case unquestioningly - No British newspaper published the topless Princess Kate photos. Yet SEVEN MILLION Brits looked at them on the Web!

I haven't even gone into the celebrities and lawyers who are driving the pro-regulation campaign for their own ill-gotten gains. I speak as someone who spent years fending off celebrities who will crawl over broken glass to get into the papers on their rise to fame or to sell their latest film or record, happily putting their entire private life into the public domain when it suited them but screaming privacy when it didn't.

Lawyers? I absolutely believe in them doing the very best for their clients. But they do it for MONEY and have made fortunes. Pretending it's some moral crusade is laughable. One made a film for the BBC promoting state regulation - and name-checked their law firm in the middle of it. Another made £300,000 alone from a single phone-hacking client. But it is politicians that matter - they're the ones that can legislate to shackle the press in YOUR name.

HL Mencken said: "The relationship between the press and the powerful is the same as that between a dog and a lamp-post"

Or as a man who knows, London Mayor Boris Johnson, put it more prosaically "If you want to keep the gutters of life, the gutters of politics, clean, then you need a gutter press".

I don't know about that, but you DO need a free press unshackled by state regulation. Don't let politicians steal it from you.

(This is an abridged version of a speech on Press Freedom given to University College, London, Students Union Debating Society on 26th November, 2012)

 

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The irony is almost too rich to bear. On Thursday, the same day that Lord Justice Leveson delivers his long-awaited report into regulation of the British press, there is a parliamentary by-election in...
The irony is almost too rich to bear. On Thursday, the same day that Lord Justice Leveson delivers his long-awaited report into regulation of the British press, there is a parliamentary by-election in...
 
 
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Lykos
Nobody Never Eat No Fifty Eggs
08:09 AM on 12/03/2012
Free speech *ISN'T* for everyone. It just isn't, that's why we have Libel and Slander laws. There are responsible consequences for saying things in a paid-for publication to *counter* the megaphone opportunity of having that power... It's the evening-up for the little-guy (even when the little guy in question may be a celebrity or whatever). Oh, and speaking of which... Hacking ANY phone was wrong. The distinction of the more severely distasteful accounts is unnecessarily muddying the water. It may not have been illegal - and that's *why* legal underpinning to prevent an industry (not a case for *human* rights) from continuing to behave immorally... The trick is to have protections for that industry as well as the public in the decision-making of that legislation... And that's why an INDEPENDENT REGULATORY BOARD (rather than handing the keys to the sweetshop directly to the chocaholic and expecting decent self-regulation, even after being twice, thrice and... uh... quice? -bitten) is essential. Having an independent board that has no legislative powers is a waste of time and effort, as the industry can just nod, and smile, and go back to the same practices when no-one's looking...
Anyone who argues otherwise is fearmongering for ridiculous or self-serving reasons. Regulation aids the public and the industry. The counter-argument aids *only* the industry.
10:41 PM on 12/02/2012
Before we all go loopy over lesion, three questions

Do you trust politicians of ANY party?
Do you think they would all love to Control what the press reports?
Do you REALLY believe an "Independent" body set up by Politicians would not be used by them?

Oh, and a forth....Do you still believe in Father Christmas?
This user has chosen to opt out of the Badges program
02:27 PM on 12/02/2012
The Official Secrets Act was put in place to keep military and security matters from enemies of the state but it was used by governments to silence anyone who might reveal scandals. If the state had controlled the media there would have no revelations about MPs expenses and fiddler McShane would still be the "honourable" member for Rotherham.
10:42 PM on 12/02/2012
Too Right!
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HUFFPOST SUPER USER
velvetundergroundfan
12:00 AM on 12/02/2012
Neil Wallis has been arrested and is on Police Bail. These hacks have some neck.
09:53 AM on 11/30/2012
Dont make me laugh, we dont have freedom of speech otherwise the majority of MP's would of already been exposed for fiddling expenses
12:03 AM on 11/29/2012
"Give most politicians an inch, and they'll take five miles. Too many WILL destroy a free press given the chance."

Give most journalists an inch and they will take five miles. Too many WILL destroy a frre press given the chance.

Yes, Wallis, I MEAN you. You had the chance to destroy a free press, you took it, and you have destroyed it. Not me - you.
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velvetundergroundfan
11:59 PM on 12/01/2012
A free press owned by Rupert Murdoch and Lord Rothermere. Not very free at all.
05:56 PM on 12/02/2012
Since the press has always been owned by someone, I assume you take the view that there has never ever ben a free press.
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SecularAdvocate
Media Watcher
11:36 PM on 11/28/2012
My recommendation - people who own British newspapers should be British and live in and pay their taxes in Britain.

I'd be interested to see what argument Wallis would conjure up to please his paymaster against that idea.

Imagine if a German national had owned several newspapers and a massive TV operation in Britain during the 30's.
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cotman
12:12 PM on 12/05/2012
Good one. Since you have taken up Germany in the 1939's there is absolutely no doubt that the right wing press which dominates here today is the same, and has the same ideology, as it was in Germany in the '30s and which was instrumental in helping Adolf into power then..
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SecularAdvocate
Media Watcher
11:32 PM on 11/28/2012
I sure hope this deeply unpleasant man gets found out and ends up in jail.
10:08 PM on 11/28/2012
There is massive lobbying and pressure by the Press to convince the public and parliament that the mythical banner of 'Freedom of Speech' would be endangered if statutary reguation is imposed and the status quo not preserved. NONSENSE!

As an ex editor and writer I have seen the profession of journalism decline to near illiteracy, where trivia and celeb culture dominate the news, spiced by so much sexual fodder as to numb the mind. Dumbing down has even affected the broadsheets in order to compete for readers. So is THIS freedom of speech?

Self regulation was an illussion that failed miserably. An independant body with sharp legal teeth will restore dignity to the profession, as well as being more informative and educational to the population as a whole.

Money, although desirable, is not the only criteria to measure success in the long term: so is social responsibility contribution to culture and -YES - raising the literate bar.
11:39 PM on 11/28/2012
You speak very convincingly against the ills of popular culture and the popular journalism that feeds it and from it, but how has this got anything to do with press regulation? As for dignity - when did journalism ever have or want that? Particular journalists, maybe, but never journalism. You are surely dreaming if you expect any oversight to result in a shift to the informative and educational. That just isn't going to happen! What probably is going to happen is greater penalties for particular misdemeanours, especially those which smack of criminality or corruption. A culture of impunity developed, as can be seen from the displays of anger, outrage and disbelief by Rebekah Brooks, who evidently thinks she is above and beyond the normal rules of accountability. One can almost read her lips endlessly repeating, "But don't you know who I am?" Those days are probably over for a while. Perhaps more useful than regulation would be to have her head on a pike as a warning to others.
09:48 PM on 11/28/2012
Totally agree - State regulation of the Press is wrong - but what will the Leveson Inquiry actually bring? I'm seeing a fair bit of opprobrium, a fair bit of sympathy, some real and proper bollockings and some kind of reform of the PCC. Follow the link for our analysis of what we will most likely see: http://www.allthatsleft.co.uk/2012/11/what-can-we-expect-from-leveson/
11:59 PM on 11/28/2012
State regulation may be wrong. But self regulation did not work, and never will.
07:33 PM on 11/28/2012
But as Prof Tim Luckhurst said last week "Free speech is for everyone, not just for some of the
victims of bad journalism."

Eh? That makes no sense at all. It just demonstrates this isn't about free speech. The victims of bad journalism are asking for protection from bad 'journalists' (with apologies to actual journalists). I don't think they are interested in hacking their phones and going through their rubbish.
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cotman
05:43 PM on 11/28/2012
If I may add to my previous comment with was in reply to 't1ch13m0n53 (!!?)' what can be said is that independent investigative journalists no longer exist; they are all tied to the dictats of their paper's owners who are most unlikely to appoint a Marxist to their staff.
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Ian Rennie
It irritates people that I'm a librarian :)
04:51 PM on 11/28/2012
When you hear Neal Wallis say that newspapers don't need statutory regulation, remember that he also said that the News Of The World hacking scandal (a large part of which happened under his deputy editorship) didn't need any further investigation.
08:46 PM on 12/02/2012
Though instead of playing 'tu quoque', what would you say to the actual points that Wallis argues?
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Ian Rennie
It irritates people that I'm a librarian :)
08:58 PM on 12/02/2012
I'd say it's a slightly paranoid slippery slope fallacy from someone with a very vested interest in the press remaining as unregulated as possible. I'd give it the same regard as I would a bank robber's opinion that more coppers on the streets will lead to more police brutality.
lastpost
see biography
04:50 PM on 11/28/2012
“The irony is almost too rich to bear.”
Pot calling kettle and hob, black. What happens when police, press, and politics all get into the cookie jar?

“Remember the MPs Expenses scandal”
Wasn’t that exposed by a lady from America?

“on and on”.
Don’t newspapers support particular parties? If those institutions are so scurrilous, doesn’t supporting them risk guilt by association?

“MPs will get the press they want”
As opposed to the press engineering the policies they might desire?

“Let us be clear, the British press has and does get things badly wrong.”
But, like politics and the police, they too don’t need an entity independent from all others, to determine what constitutes an outrage too far?

"Free speech is for everyone”
Odd that these three professions are all funded directly or indirectly by the public. So also being accountable to them is obviously irrational.

“criminal activity”
But no means by which whistleblowers could draw the attention of the upper echelon to those transgressions?

"statutory underpinning of”
press impartiality, would be something to see. Perhaps an absence of that is why sales are in decline.

“Pretending it's some moral crusade is laughable.”
The public’s perception of what’s real and what’s manufactured is evolving by the minute.
See declining interest in all transmit never receive systems.

"The relationship between the press and the powerful is”
often symbiotic.

"If you want to keep the gutters of life, the gutters of politics, clean”
rising sea levels may do just that.
04:25 PM on 11/28/2012
I was present for this debate, as far as I can see all Neil Wallis does here is pontificate on the hypocrisies and the corruption which is rampant in the upper echelons of our society today. His case for maintaining a "free press" is already flawed, as it is clear that these multi-national corporations who dominate the British press are by no means "free" - by this I refer to the close relationship between Rebeka Brooks and our current Prime Minister. More importantly, this is not the first time we have have to consider press standards: as was rightly pointed out by a member of the proposition at the debate (Chris Bryant MP or Mark Lewis), at the Calcutt Inquiry 20 years ago, the press were told that they were drinking in "last chance saloon". Rather than changing their tune, some members of the British press chose to employ even more sinister and abhorrent methods of journalism than previously. If an independent body, established by statute, is not created to regulate the press, they will effectively assume that they have escaped punishment, that the free reign given by the PCC will continue, and that it is back to business as usual.
Note also the incredibly vested interests Mr Wallis has in being against the Leveson inquiry and the possibility of press regulation being furthered...