Labour must free the Press

August 16, 2012 12:00 pm

The first instalment of Lord Leveson’s inquiry report into the Culture, Practice and Ethics of the Press is due in the autumn. It’s vital that Labour are ready to argue for a truly free press. We should be well aware that the political right and the press industry itself have major combined interests in adhering as closely to the status quo as possible. Although the issue of privacy was the final trigger for the inquiry, the most important failure of our press is to provide high quality information about current events and a true variety of interpretations of their causes. We need these if we are to make good collective decisions on important matters. The truth-distorting bile that issues from some outlets has had a measurable effect in false impressions left on the public.

A truly free press must be able to criticise business interests just as much as political interests. But while the majority of the press is in the hands of wealthy individuals and corporations, competition will be on fairly narrow fields. In particular the importance of advertising for the vast majority of titles means there is an inevitably close link between the press as a whole and corporate capitalism as a whole. This is beyond the fact that most media organisations are themselves (albeit not always successfully) capitalist corporations. And power in this industry is double-edged. Wealth enhances the power of voice and vice versa. Without proper vigilance we get the sort of dominance that News Corp have and have striven to increase further.

It’s hardly a surprise that the press industry is uniformly against a regulator with legal powers. But we should be suspicious of their arguments, which sometimes are as misleading as their headlines. Government intervention in the content of press output is clearly anti-democratic and is any case prevented by the European Convention on Human Rights. But Parliament is the ultimate representation of the people. If it doesn’t have some role in backing the power of press regulation, this simply leaves a vacuum to be exploited.

Independence of the press is the citizen’s right, rather than just a right of the press itself. So the existence of strong sectional representation by the corporate press on its own regulator, as with the Press Complaints Commission, should be questioned. There needs to be a clearer distinction between the need of the regulatory body to understand how the press works and how journalists ply their trade, and the need for the press to be represented in its decision-making processes. What’s more, the contractual structure proposed by the industry for a new regulator seems unlikely to be sufficient. Why would any revenue-oriented business enter into a contract which might end up with it losing sales, advertisers and money? And without that, why would it comply when the competitive chips are down?

The error and bias of individual journalists, or even individual media outlets as long as they are plentiful, is not a concern. But a systematic tendency toward particular misrepresentations is. A fully independent regulator should therefore have the ability to enforce rigorously that all significant errors of commission or omission in factual reporting are properly acknowledged after publication. Punitive sanctions with legal force should then be available for non-compliance and subversion of this process. A Parliamentary oversight committee, representative of the full membership of both Houses, should have responsibility for monitoring the performance of this body and making binding recommendations for any changes of process.

But this can’t be the end of the story. A regulator cannot initiate reporting of topics that are avoided by the press. Market conditions must allow for a large variety of viable media voices. The dual effect of profit-led and promotion-led dominance by a few wealthy proprietors, whether corporate or individual, currently prevents this. In part this can be addressed by tougher restrictions on media concentration, but the combination of more pro-active regulation of press standards and more diligent monitoring and control of market structure will be costly. So it’s a priority that the press industry in particular, with its vital role for the health of society, conforms to a better form of capitalism. Instead of ownership of media groups in the hands of wealthy individuals and shareholder corporations, in the future we need to see many more of them existing as co-operatives, social enterprises and stakeholder corporations – with a commitment to accurate and balanced reporting that is intrinsic rather than a strategic add-on.

If the left are serious about changing society and our economy for the better, we absolutely have to get serious about improving our press.

Diarmid Weir writes on economics and policy at www.futureeconomics.org

  • AnotherOldBoy

    Here are the circulation figrues for June this year:

    The Sun 2,583,552
    Daily Mail 1,939,635
    Daily Mirror 1,081,330
    Daily Express 602,482
    Daily Star 602,296
    The Daily Telegraph 573,674
    The Times 400,120
    Financial Times 297,225
    Daily Record 279,324
    The Guardian 211,511i 272,597
    The Independent 90,001
    Racing Post 52,919  
    The Herald 44,445
    The Scotsman 35,523

    Left-leaning papers do relatively badly.  Tough!

    Apart from the laws of libel and proscribing stirring up racial hatred etc. we have a truly free press.  No one is forced to buy a particular newspaper.  If you want a left-leaning tabloid which will never advise its readers to vote Tory, you can join the dwindling readership of the Daily Mirror.  But the soaraway Sun is far more popular.

    It is to be hoped (although I fear the worst) that Lord Justice Leveson will conclude that the press should not be regulated.  Phone hacking is a criminal offence as is bribing police officers.  There really is no need for any more laws.

    • treborc

       Yes well Tit’s seem to be the name of the game for Tories.

    • http://www.futureeconomics.org Diarmid Weir

      All the papers are doing badly. I suspect they are all pretty much tarred with the same brush. 

      But this isn’t about ‘leaning’ one way or the other, it’s about the standard of information and understanding available to citizens in a democracy. In another quote from my longer piece:

      As reported by a Cabinet Office briefing in 2000, when questioned people estimated on average that 26% of the population belonged to an ethnic minority.

      The real figure then was 7.1%. They thought on average that 20% of the
      population were immigrants. The figure at that time was just 4%, although it
      has now increased following EU expansion. A recent YouGov survey conducted for the Fabian Society found that people systematically overestimate government spending on unemployment benefit and the police by a factor of eight, housing benefit and child benefit by a factor of three, and sickness and disability benefits and defence by a factor of two. Yet when it comes to those parts of public expenditure where direct experience is common, such as the NHS, education and state pensions, the average estimate is reasonably close to the reality.

      Something amiss, don’t you think?

      • Quiet_Sceptic

        Papers are more than an impartial means of disseminating information though, people buy papers that reflect their own outlook on the world.

        I doubt many people buy papers that actively challenge their beliefs and that’s not just a criticism of the Right. There’s plenty of bile flowing from the Left about the Daily Mail and other right-wing press.

        I’ve yet to see a Left-winger post about how enlightening it was to read the Mail and have their views on the welfare system challenged. That they now recognised that having traveled thousands of miles, the immigrant family could indeed have settled somewhere less expensive to the tax-payer than Westminster or Chelsea.

        • http://www.futureeconomics.org Diarmid Weir

          ‘Papers are more than an impartial means of disseminating information…’

          Indeed that is so, but surely it is part of their role, for if not whose is it? And it is one at present they do badly.

          Speaking for myself, I frequently find it enlightening to have my views challenged, as here! But I reserve the right to find those challenges unconvincing.

          • treborc

            Jesus people are not calling the Daily Mail a news paper.

      • AnotherOldBoy

        It sounds as though you want to turn newspapers into textbooks.  Dull,  dull, dull.

        • Diarmid Weir

          Opinion etc, as such, would be outside the remit. But can informative, accurate, balanced journalism not also be interesting to read?

  • charles.ward

    Perhaps you could clarify what constitutes a “fact” for the purposes of enforcing the correction of errors in newspapers.

    Would this be based on public opinion or a panel of experts?  If the latter who would decide on the panel?

    From your article it appears that “a systematic tendency toward particular misrepresentations” would need to be corrected even if no factual errors were reported.  How would this sort of “misrepresentation” be identified?

    Those who want to restrict the freedom of the press always say that the restrictions would only apply in very rare and specific cases but never seem to be able to define what these specific cases would be.

    • http://www.futureeconomics.org Diarmid Weir

      The PCC Editor’s Code already states that

      ‘significant inaccuracy, misleading statement
      or distortion once recognised must be corrected,
      promptly and with due prominence…’

      Currently the PCC with its weighting of Press industry representation decides what is a ‘fact’. Is that ideal? In a longer analysis I argue that ‘it may be quite acceptable for any correction to take the form simply of indicating the appropriate degree of uncertainty of some factual claim, or of enumerating evidence that would allow a more balanced assessment.’

       ’How would this sort of “misrepresentation” be identified?’ 

      I think a misrepresentation is a form of factual error, is it not? The passage above is meant to take care of borderline cases.

      • charles.ward

        “Currently the PCC with its weighting of Press industry representation decides what is a ‘fact’.”

        The difference is that membership of the PPC is optional and what you are proposing has the force of law.

        “I think a misrepresentation is a form of factual error, is it not?”

        No, it is not.  If I say “sub-group A are responsible for x% of all crimes” this can be factually accurate but misleading if the public don’t know what proportion of the population are in sub-group A or are not aware of confounding factors.  Telling the truth, however misleading, should not be a crime.  The law you are proposing could make it so.

        This demonstrates how dangerous it is to have this sort of law restricting the press.  The law has to be worded very carefully and err on the side of allowing speech rather than forbidding it.

        When you can come back with a wording that only outlaws factual errors and properly defines what is and isn’t a “fact” then we can talk about it seriously.

        • Diarmid Weir

          If regulation is genuinely optional, what public purpose does it serve?

          There is no ‘outlawing’ going on, and no criminal sanction either. In the case of the example you describe, were it deemed sufficiently serious, the remedy would be for the missing facts to be provided.

          What solution, if any, do you suggest?

          • charles.ward

             ”If regulation is genuinely optional, what public purpose does it serve?”

            There are probably hundreds of trade associations, membership of which leads the consumer to trust the companies they are dealing with.  If the company disobeys the instructions of the association and quit they suffer the lack of trust.  ABTA would be an example.

            If the PPC doesn’t work the answer isn’t to make PPC membership compulsory.

            “There is no ‘outlawing’ going on, and no criminal sanction either.”

            Then how would participation be mandatory?  If a newspaper just refused to print a “correction” what would happen?

            “In the case of the example you describe, were it deemed sufficiently
            serious, the remedy would be for the missing facts to be provided.”

            Who is going to decide what is and isn’t a “fact”, what is or isn’t misleading, and what constitutes the “missing facts”?

            You still haven’t provided a definition of “fact” yet.  I’ll bet that any definition you give I can give an example of how it would restrict genuine free speech.

            “What solution, if any, do you suggest?”

            I don’t consider free speech a problem to be solved, even when it is used by people who disagree with me.  I prefer to argue my case (or for others to do that for me).

          • Diarmid Weir

            And if you cannot get a hearing, because others can shout louder?

          • charles.ward

            There is great diversity in the newspaper market.  If you want left leaning opinions you have the Mirror in the tabloid sector, the Guardian and Independent in the broadsheet sector, you have the New Statesman in the magazine sector.

            In all these market sectors you have you voice, but in each sector the right leaning papers outsell the left leaning ones.  This is not the left being silenced, it is you losing the argument.

            For internet blogs, where the start-up costs are virtually non-existent, the right still “out sells” the left.  With the most popular blogs being on the right.

            In the TV market you even have an unfair advantage as everyone is forced to fund the BBC, which could be best described in ideological terms as the TV division of the Guardian.

  • guido.fawkes

    Hmmmm.
    “Punitive sanctions with legal force should then be available for non-compliance and subversion of this process. A Parliamentary oversight committee, representative of the full membership of both Houses, should have responsibility for monitoring the performance of this body and making binding recommendations for any changes of process.”Political control is the opposite of what we want.

    • http://www.futureeconomics.org Diarmid Weir

      ‘”Political control is the opposite of what we want.’
      ‘Opposite’? What is the opposite of political?If you just mean it’s not what we want, it depends what you mean by political. If by political you mean ‘party political’ then clearly you are correct. If by political you mean some process by which we are all proportionately represented, then I disagree.It seems fanciful to believe that ‘no control’ is possible.

    • john p Reid

      where the BBC buys more copies of the guardian than others at least the BBC doens’t come out with Anti semeticism,or stories lying about mark Duggan not bieng armed.

      • treborc

        For god sake John  what are you talking about now.

        • John Dore

          Keep up, the Fawkes Blog are alleging that as the BBC take a disproportionate high volume  of the Guardian, its a left wing organisation and that the Guardian keeps getting it wrong on a number of issues to promote their agenda eg Duggan and Anti Semitism.

          • AnotherOldBoy

            I think it is fair to say that the Guardian and BBC hold the same view of the Israel/Palestine question.

          • http://twitter.com/mistyblulabour dave stone

            What is the view you’re referring to?

          • treborc

             Well I can see the idiots sticking up for each other, I would have thought John can answer for himself

  • Forlornehope

    “Instead of ownership of media groups in the hands of wealthy individuals
    and shareholder corporations, in the future we need to see many more of
    them existing as co-operatives, social enterprises and stakeholder corporations – with a commitment to accurate and balanced reporting that is intrinsic rather than a strategic add-on.”

    So, what’s stopping you.  Get on and set up a media group on that basis.  Then see if you can sell more copies than Tribune.

    • http://www.futureeconomics.org Diarmid Weir

      What’s stopping me (and others, no doubt)? One word, but in more than one sense: Capital.

      • hp

        There’s no shortage of investment capital.
        What you need is to offer a convincing return on that investment.
        That is the tricky bit.

      • Forlornehope

        That’s a lazy excuse. Start up costs are lower than they have ever been and crowd-sourcing offers opportunities to raise funds independently of the established system.

        • Diarmid Weir

          I think that’s probably rather a simplistic view of the economics of this market.

          • Forlornehope

            As I wrote, you’re just copping out. All fur coat and nae knickers as they say where I come from!

  • externalities

    “Why would any revenue-oriented business enter into a contract which might end up with it losing sales, advertisers and money?”

    There is a simple solution to this. Papers that don’t sign up to the regulator shouldn’t receive the VAT exemption. I very much doubt Richard Desmond would have withdrawn his papers from the PCC if that were the consequence.

    The products I buy to give me access to LabourList are charged standard VAT. The Government shouldn’t subsidise newspapers that can’t even agree to a very basic set of consumer & public-protecting standards.

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  • Clem The Gem

    You seem to have left out the most important changes that would free journalist to report the wider world around them – scrapping British Libel Law would be a good start, as would increasing the scope of the Freedom of Information Act, and a cast iron Right to Free Speech within our legal set-up.

    You may call the above Freedom, but to me, it looks a little like the opposite…

    http://clemthegem.wordpress.com

    • Diarmid Weir

      ‘Scrapping’ libel law? Reform sure, but you’re advocating a free-for-all, which is only freedom for the wealthy and powerful.

      And we have the ECHR.

      • Clem the Gem

        … and the ECHR has protected whom?  We certainly do not have the legal protection for free speech that is enshrined in the US Bill of Rights and Constitution.
        And I do mean scrapping our current libel laws, which do so much to protect the powerful, not just in the UK, but also the worldwide super-rich.
        Media magnates have been resolutely anti-Labour since our founding, yet we somehow managed to win majorities in 1929, 1945, 1964, 1966, 1974 and 1997…
        Diarmid, whilst monopolies in all spheres need to be curbed, the power to censor, whether wielded by Parliament or by Tycoons, has equally to be stopped.
        Your proposals do not ensure a “free” press, they simply seem to re-jig the balance as to who censors. 

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