1. 1 MEDIA REGULATION SELF-REGULATION? REGULATION BY THE STATE?

2. 2 THE BODIES There is no one single regulator for print media. Membership of any regulatory body is entirely voluntary. OFCOM – regulates broadcasting = created by statute (Communications Act 2003) – Funded by State. ALL BROADCASTERS ARE REGULATED BY OFCOM. IT IS COMPULSORY.

3. 3 HISTORICAL BACKGROUND Press Complaints commission ended in Sept 2014. Service was claimed to be ‘Free, fast and Fair’ but was it effective? Unfavourable comparisons with Ofcom

4. 4 Criticisms of the PCC Inherently biased due to composition No obligation on press to join – See Desmond papers – Express & Star Had very limited powers of enforcement NO POWER to issue fines etc. Often criticised as being no real alternative to Court Action Reactive and not proactive

5. THE PHONE HACKING SCANDAL Huge criticism of failures of PCC Leveson Inquiry set up 5

6. The Leveson Inquiry Charged with hearing evidence and reporting with recommendations. Heard a range of evidence - some of it relating to behaviour in the 1990s/early 2000s. Some behaviour complained about was criminal or a civil wrong. Some behaviour legal but against the PCC code. 6

7. 7 What were the options? 1. Stronger non-statutory regulation keeping a clear distance between body and those working within the industry 2. A statutory body - brings fears of state control. Does any involvement of statute mean that there is state control or can it be achieved ‘lightly’?

8. OPPOSING VIEWS ‘Hacking away at the Truth’ Alan Rusbridger [Orwell lecture November 2011] available online ‘Leveson and the lessons from broadcasting’ Steven Barnett [ On Inforrm’s Blog] November 2011 8

9. Leveson KEY Recommendations Newspapers should continue to be self- regulated AND the government should have no power over what is published Should be a new press standards body created by the industry with a new code of conduct. That body should be backed by legislation which would create a means to ensure regulation independent & effective 9

10. Recommendations continued.. The arrangement would provide the public with confidence that their complaints would be dealt with seriously – and ensure press were protected from interference. 10

11. What happened next? A royal charter proposed by government and finally agreed in March 2013 between main political parties and members of Hacked Off. Press unhappy –a lot of criticism of proposals. Press devised it’s own charter – rejected by government. 11

12. New press Regulator Look at the proposals from both sides. 2 charters – the press charter rejected by government. Government charter ratified by Privy council on 30/10/13 Are they very far apart in content? Which side do YOU agree with? Remember – the Leveson report did NOT recommend a charter - does that matter? 12

13. Risk of Politicians interference? Possibly. Who is on the Privy Council - politicians. Will the press join the new government backed regulator or their own? What will happen if the press does not join the ‘government backed’ regulator? See the Crime & Courts Act 2013 13

14. CRIME & COURTS ACT 2013 Has introduced the possibility of an award of ‘Exemplary’ damages for ‘bad’ behaviour. Cannot be awarded against a defendant where defendant is a member of an approved regulator at the time of the publication/behaviour UNLESS….See provisions of S.3 14

15. NEW STRUCTURE 1 Recognition Panel – Will start to work in late 2015. Will anyone apply for recognition? Effect of a body being recognised by panel - ss. 34 & 40 of Crimes and Courts Act 2013 will come into force. 15

16. NEW STRUCTURE 2 IPSO – only new body so far. Set up by some sections of the press but has limited membership. Does not intend to apply for recognition. Has far greater powers than PCC. Will it be better? Detractors say No. IMPRESS – Aiming to provide an independent monitor of the press. Will it apply for recognition? 16

17. 17 OFCOM Created in 2003 and absorbed all previous regulatory bodies re broadcasting. Has very wide remit – grants licences, creates broadcasting code, acts as regulator. Invested with wide and heavy sanctions Role in media takeovers/mergers

18. 18 OFCOM REMIT PRODUCES Broadcasting code - can be found online Issues licences Regulates radio, TV (including BBC to an extent) Statutory regulator for advertising ( Stands behind Advertising Standards Authority) Competition Role in mergers/takeovers

19. 19 SANCTIONS Adjudications – published online- very detailed Can order apology - see BBC apology re LiveAid story Fines ( can be large)– See Kiss FM case and also BBC re Russell Brand radio programme Can withdraw licences – Press TV

20. 20 BBC Draws up its own code and complaints procedure but overseen by Ofcom Has own internal complaints procedure Created and governed by Charter. Funded by licence fee BBC Trust and Executive Committee – Is it working? See recent report of BBC Trust re ‘biased’ documentaries