♯Leveson must protect citizens’ rights to comment alongside a 4th Estate incapable of self-regulation: see Private Eye No. 1317

‘f&f’
Photograph by MIL22

One after another, members of the 4th Estate have been parroting some version of the same frightful cliché – don’t throw out the baby with the bath water! – as they warn Lord Justice Leveson about the risks of imposing any form of regulation on the press.  Google offers roughly 21,200 search results for the terms ‘baby + bathwater + Leveson’.

You might suppose that someone would have the wit to find a new metaphor after this year’s revelations about decades of collusion between politicians and the largest 4th Estate empire by far, the one run by Rupert Murdoch – disclosures that have shown us that the wretched baby is being bathed skinless to divert attention from its reeking, putrid condition.

Last week, in another part of this site, we posted a mention of an important study by a London School of Economics researcher about comment moderation policies on the websites of newspapers. We found it only by accident, on the day we wrote the post. For reasons obvious from five minutes spent reading the study’s findings, no newspaper has given it any publicity whatsoever. We hope that the Leveson Inquiry’s team of investigators has copies of the LSE researcher Sanna Trygg’s paper, ‘Is Comment Free? Ethical, editorial and political problems of moderating online news‘, which underlined in various ways these observations:

In the past, ‘traditional’ or ‘mainstream’ media have been considered as the main public forum for free speech, critique and discussion. Today, readers are also invited to participate in the debate directly online. The main platform for this is the comment field attached to news articles published online.

[…]

Comment fields on newspaper websites offer great potential for participation in democratic dialogue. […] It is important to continue to strive for real engagement between people with different viewpoints, even when those views are marginal. The danger remains that people will not learn by having their views challenged.

[…]

Readers’ participation is still not a priority in the newspapers organization. [Comment] [m]oderation is being performed on the terms of the newspaper and is a product of a relatively narrow policy. This issue matters if it drives people away from ‘reasonable’ moderated discourse. […] It is a central problem for the creation of a truly networked journalism or Fifth Estate.

Trygg — whose work experience includes a stint as web editor for Skånska Dagbladet, a newspaper in her Swedish homeland — was pessimistic about the likelihood that the Inquiry will address the most vital media-related issue that needs resolving. That is not simply to note the 4th Estate’s replacement by the 5th , but firmly discourage today’s still-dominant print media from suppressing the voices of citizens who disagree with its positions and expose its flaws in newspaper comments sections. She surmised:

At present it does not seem likely that Leveson will deal with news website moderation directly, but surely it should be considered in any investigation into newspaper editorial practices and their contribution to British public life?

As we keep saying here, there is only one widely circulated print publication in Britain writing ‘without fear or favour,’ the way a real newspaper should – and as only bloggers and other unmediated writers publishing on the net do. In late June, Private Eye supplied a detailed contradiction of misleading testimony by David Cameron at the Leveson hearings that the rest of the 4th Estate either ignored or mentioned glancingly.

The Eye’s evisceration of that testimony referred to Jeremy Hunt, a culture-minister-in-waiting who in 2010 had boosted his party’s chances of winning the election by securing the support of Rupert Murdoch’s Sun – through spouting, like a ventriloquist’s dummy, all the positions on media policy that Rupert’s son James had outlined a few days earlier in delivering the annual, high-profile MacTaggart lecture at the Edinburgh International Television Festival.

“THERE was no overt deal for support, there was no covert deal, there were no nods and winks,” David Cameron told Leveson, dismissing the suggestion that the Tories agreed to back the Murdochs’ commercial interests in return for the support of the Sun before the 2010 general election. Hmm…

As the Eye pointed out before Cameron gave his evidence, there was, however, an uncanny resemblance between James Murdoch’s MacTaggart Lecture on 28 August 2009 and an article that the then shadow culture secretary Jeremy Hunt wrote in the Sun three weeks later on 19 September – just before the paper switched its support to the Tories.

Hunt echo

In the MacTaggart, Murdoch complained about a “land grab” by the BBC, claiming that “the scale and scope of its current activities and future ambitions is chilling”. Hunt echoed that in his Sun article, warning that “something is going wrong at the broadcaster”.

Murdoch declared: “Rather than concentrating on areas where the market is not delivering, the BBC seeks to compete head-on for audiences with commercial providers.” Or, as Hunt wrote three weeks later: “The BBC needs to focus on what it does best – great family entertainment and programmes the market will not provide.”

Murdoch rant

Murdoch complained that “the BBC’s income is guaranteed and growing”. Ditto Hunt: “We should not be having inflationary rises in the licence fee.” Murdoch then ranted about the “particularly egregious” expansion of the BBC’s commercial arm, BBC Worldwide. Lo and behold, Hunt argued: “It’s time to rein in the activities of its commercial arm, BBC Worldwide.”

Murdoch’s fury extended to the BBC Trust. “You need deep pockets, sheer bloody-mindedness and an army of lawyers just to make the BBC Trust sit up and pay attention,” he fumed. Hunt promptly “pledged to replace” the BBC Trust “with a truly independent body”.

Perish the thought that any of this might amount to evidence of a mating dance between the Tories and the Murdochs.

We hope that the Leveson Inquiry will do all it can to ease the way for more media of every sort to fill crucial gaps in mainstream reporting as only the Eye does, at present.

Appearing before the Inquiry last Tuesday, Lord Hunt (no relation to Jeremy), the present head of the press-run Press Complaints Commission all but universally acknowledged to have failed at the job of self-policing, failed to melt Lord Justice Leveson’s heart when he begged for a second chance for his organisation. Every month brings fresh evidence of the hopelessness of any claim that the press is capable of regulating itself.

Two such scraps on our minds at post-Gutenberg today:

• Last summer, even with the whole world transfixed by emerging details about phone hacking by Murdoch’s minions, the media tycoon announced his intention of mucking out his corporation’s stable with an internal investigation that struck critics as woefully unconvincing. It was led by Joel Klein, a New York lawyer and education expert, freshly hired by News Corp.. The New York Times noted earlier this year:

Shareholder groups have expressed concerns about Mr. Klein’s independence in leading the investigation. His compensation package at News Corporation was more than $4.5 million last year, according to company filings with the Securities and Exchange Commission.

“His salary was a huge bump, so he’s clearly beholden to Murdoch and should not be running an internal investigation,” said Michael Pryce-Jones, a spokesman for the CtW Investment Group, a shareholder advocacy group based in Washington that works with pension funds for large labor unions.

Last month, Joel Klein handed over that smelly job for a head groom to another senior News Corp executive – but that was someone hired at his behest, and his having been entrusted at all with the sanitising task did not inspire confidence in the likelihood that Britain’s heftiest media conglomerate is capable of putting the public interest above considerations of narrow commercial advantage.

• Newspapers ignore complaints about the suppression of citizens’ comments about their policies and behaviour  — even censoring, with peerless irony, a post about an opinion piece by the chief executive of Index on Censorship, a British watchdog group chiefly concerned with spotlighting censorship outside Britain.

One reason for starting this post-Gutenberg blog last September was to draw attention to comments censored by newspapers. Obviously thinking on closely parallel lines, Sanna Trygg suggested in her paper, published in January:

[W]e would argue that in the long run it is worth newspapers continuing to push for more transparent moderation … For example, would it be worthwhile making records of deleted comments public? Since no publicly available records exists, all we know is that comments are being deleted, but not which ones and why.

The latest tactic by old print media worthies determined to neutralise the Leveson Inquiry is to claim that neither the presiding judge nor any of the lawyers assisting him – all educated at élite institutions — are capable of looking after the interests of ‘Joe Public,’ since none of them are part of the tabloid-reading majority of customers for Britain’s newspapers.

This will be seen as a particularly ill-judged attempt to ensure the unchallenged reign of the 4th Estate if the Inquiry acts on what Lord Justice Leveson plainly understands well, which is that ordinary citizens are best served by any newspaper that gives its readers a chance to freely express their opinions.

A source quoted by Sanna Trygg encapsulated why this is exactly what members of the public need:

Research by the Swedish survey Institute Sifo in 2011, showed that workers, unemployed and less educated people think that reader comments in themselves are more important than civil servants, self-­‐employed, private employees and highly skilled:

“A qualified guess is that people with higher education and status in society feel that they already have the opportunity to be heard. For people with lower status are comment fields however, an important platform to make their voices heard.” 
Sofia Mirjamsdotter (Swedish journalist, blogger and social media expert.)

Advice for Lord Justice Leveson from Lao Tse: how to shape the afterlife of the 4th Estate and assist the birth of its successor

[ On 10 July 2012, The Independent, a ‘liberal’ London newspaper, declined to publish a comment on press reform linked to this post. That polite comment is here. ]

Niklaus Manuel’s ‘Dance of Death’ (‘Totentanz’, 1516-1519) was a hugely popular theme as Gutenberg presses proliferated and the Renaissance was in full sway. It could have symbolised a coming-to-terms not just with death but the dying of old ways.

Presiding over an Inquiry whose conclusions will shape the afterlife of the British press – doomed to extinction by digital media and the new voices of the 5th Estate – Lord Justice Leveson keeps reminding us of the contradiction in the difficult job he has been given. What mechanisms can he recommend to the government for the enforcement of ethical behaviour by the 4th Estate without ‘imperilling the freedom of expression or our free press’? – as he put it during Tony Blair’s testimony in late May.

Post-Gutenberg would like to recommend a fragment of ancient Chinese philosophy as a frame for thinking about a solution to his quandary. Lao Tse reportedly said, in the 6th century BCE,

If we wish to compress something, we must first let it fully expand.

Lao Tse

Rule-making can be seen as a sort of compression – in the sense of limiting, constraining and controlling. It is too soon for anyone, even the admirably wise men at the summit of Britain’s judiciary today, to draft rules for media being turned inside-out by the digital revolution. As perspicacious witnesses have pointed out, any new regulations that minutely specify what the 4th Estate can and cannot do must inevitably pronounce on who should be considered a journalist. How can that be done when the profession’s boundaries are being obliterated by the arrival of the 5th Estate?

It would be disastrous if the Inquiry were to lead to any blocking or impeding of this successor to the 4th Estate. What the arrival of the 5th Estate means for the press is that it has to share the megaphone it has so far had all to itself.  This succession is directly in line with the evolution and improvement of democracy – something that people everywhere want dearly, a yearning that events like the Arab Spring have dramatised.

To watch the Leveson hearings is to see the presiding judge agonise over too many details that an unimpeded 5th Estate will soon make irrelevant or outdated. They take up too much of his time, even when he understandably declines to deal with them in an Inquiry being criticised for taking on too much. As Dan Sabbagh noted in a good summing-up in The Guardian last week,

Leveson has so far showed little apparent desire to get into the question of the ownership structures of newspapers: when invited … 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 [Press Complaints Commission], 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. 

Post-Gutenberg likes the way the judge is thinking about  a replacement for the defunct and essentially toothless Press Complaints  Commission. We would also be happy to see the criminalisation of a small set of completely unacceptable infractions, such as extraordinary invasions of privacy by phone hacking and other underhand means.

But instead of pointless brain-cudgelling about precisely what percentage of which communication medium newspaper conglomerates like Rupert Murdoch’s should be allowed to own, Lord Justice Leveson’s highest priority should be to open the way to the largest number of competitors for the 4th Estate.

In other words, expand, don’t compress should be the principle guiding his recommendations to the government in September.

Check bad behaviour on the part of today’s media elite by maximising  opportunities for the outsiders of the 5th Estate to offer alternative presentations of facts and unfamiliar opinions, and to challenge and expose the biases and mistakes of every sort of media, new and old.

There is no shortage of good ideas for the democratic licensing of access to sensitive information by both professional and non-professional disseminators of facts. In a post a few months ago  on the blog of the International Forum for Responsible Media (INFORRM), Hugh Tomlinson QC made an excellent suggestion about ‘benefits for public interest journalism of creating a category of “accredited journalists”’.  These would be …

… a sub-category of those writing for publication [who] should be given specific privileges to assist them in their work. […] [P]rivileges should not be granted to journalists simply because they are employed to write or because they work for a media organisation.  Neither should the privileges be granted to any “citizen journalist” who claims to be writing public interest stories. Rather, the privileges should be made available to those who pass through a gateway policed by a voluntary independent regulatory body and sign up to an enforceable code of responsibility. [post-G’s ital.]

There are new ways of organising and financing journalism that could use Lord Justice Leveson’s support – even if that only means he will be careful not to hobble the reorganisation of the media as, for instance, a set of cooperatives in which readers and viewers could be offered the chance to become co-owners. In recent months, proposals for setting up and running these have been increasingly detailed and specific. (See, for instance, the mention of Paul Smalera’s suggestions in ‘Why a keiretsu-cooperative is a gentle transition for old media …’.)

The mere existence of the Leveson Inquiry has already had salutary effects. To give a small but critical example, the moderation of comments in The Guardian’s popular comments sections has become far less trigger-happy. Commenters are not being censored quite so reflexively for opinions or factual posts that conflict with that newspaper’s views and political positions, or criticise its friends. Last weekend, it was heartening to see a post about the Inquiry itself opened for comments after months of prohibition on grounds that made no sense – and to be able to read contributions to the debate about Ian Jack’s illuminating comparison of Leveson with an earlier government investigation of press practices.

As for the Leveson hearings, per se, their radical transparency — with a presiding judge confident enough to muse aloud and react spontaneously to testimony —  goes far beyond what many of us could even have imagined as a model of open government. (The best demonstration came an hour after this post: here). American lawyer friends looking on in awe tell us that nothing in the US system would permit Americans to copy the form of these proceedings.

Most amazing has been the discovery that the conduct of the Inquiry is characteristic of an exceptionally progressive judiciary. Utterly unlike the notoriously slow-moving and stodgy legal system wickedly satirised in Dickens’s creation, Jarndyce and Jarndyce — a court case that grinds on for generations – Britain’s top judges are not just acknowledging the implications of new communications media and adjusting to them, but doing so faster than the professionally nimble 4th Estate.

Post-Gutenberg only recently came across a news report from the spring of last year about a speech in Israel by the Lord Chief Justice, Baron Igor Judge, who put Sir Brian Leveson in charge of this indescribably gratifying investigation into press culture and practices. He explained that in Malta, where he was born, one of his grandfathers owned and edited a tiny newspaper. His sympathy for the press’s problems is, in a sense, inbred. But he favours the transparency and inclusion that are more the defining characteristics of the 5th than the 4th Estate – even for keeping his own legal system honest:

His “fervent hope” was that new technology would make it easier for the media to be “present” in court, reporting the proceedings, and “the present trend of fewer and fewer reporters in every court would come to an end”.

In an apparent reference to “virtual” courts based on video-conferencing, Judge insisted that justice should be done “in a public forum to which the public, or the media, has access”.

He continued: “Technology must not lead to justice done in secret, or some form of hole-in-the-corner justice.

Post-Gutenberg wishes to offer just more one scrap of advice to Lord Justice Leveson – who has invited everyone, however obscure, to contribute thoughts to his hearings: please do not allow political partisanship by the press to be conflated with press freedom. As we observed in a recent post in this spot, sanctioning political one-sidedness means licensing powerful media owners to be king-makers, with all the compromising wheeling and dealing that goes with that. It means condoning the skewed reporting of the facts so essential to the functioning of a genuinely democratic government.

With a fully licensed 5th Estate in full cry, media conglomerates trying to run Britain, with lots of help from British prime ministers – or what the Economist appears to dismiss nonchalantly as the inevitable ‘proprietor problem’ —  should be shown their proper place. And where would that be? If not oblivion, then as far below the salt as possible.

Gatekeepers II:  why not learn, like Bill Gates — so as not to dismiss subjects like intellectual India from blind ignorance?

‘The Indian Genius’: watch the menu at the top of the home page for a forthcoming compilation of articles on subcontinental topics.
Photograph by Amita Chatterjee

Before I built a wall I’d ask to know

What I was walling out and walling in …

‘Mending Wall’, Robert Frost, 1914

Gatekeepers would get more respect in this sceptical internet age if they could only acknowledge the vastness of what they – like the rest of us – do not know. The assumption of omniscience is inevitably a curiosity-killer. Satisfying deep curiosity – as even the most hopeless pilgrim on the road to wisdom knows – calls for humility, and for moving out of your zone of comfort in more than one sense. So it was that soon after Bill Gates stepped out into 44°C heat in the northern Indian city of Lucknow a few days ago, he went on Twitter to send out a link to a new post on his blog, thegatesnotes.com — a preview of a video report about this latest expedition to the subcontinent:

His entries about the trip are what you would expect to see in the online diary of the world’s most prominent philanthropist. He explores slums. He calls on chief ministers of Indian states. He visits medical research laboratories to check on progress in developing new vaccines. At the end of the short video clip, he gives his chief reason for travelling to this part of Asia: ‘Most of all, I go to learn.’

It was not subcontinental weaknesses and poverty but India’s strengths that originally put this country on his radar screen, when Bill was still running Microsoft. About a decade ago – and before he and his wife Melinda assumed control of their charitable foundation – he acknowledged Microsoft’s extraordinary dependence on Indian engineers for its operation and continued success. (See, for instance,  ‘Gates goes gaga over India’s developers, education system,’ The Economic Times, 14 November 2002).

As everyone in Silicon Valley is well aware, whereas the Chinese shine most brightly in computer hardware research and design, software is where Indians excel. This is not accidental. Cultural traditions going far back into antiquity supply highly plausible explanations for the difference. But you would be hard-pressed to find any book-length accounting for it.

Why?

Because book publishers in both the UK and US do not believe that readers have any interest in the subject – even though many thinking people, not just technologists and tech-entrepreneurs, know …

  • … that in the late 1990s, help from Indian programmers was crucial to averting the Year 2000 (Y2K) crisis that could have been disastrous for people using computers everywhere – however indirectly, as in digital telephone networks and computerised banking. Their energetic re-programming corrected the error that had left most computer software with no means of recognising, or independently adjusting its time-keeping for, the start of a new millennium.
  • … that, as much of a shock as it was for many Westerners to have to turn to the land of bullock carts and yogis for help with computers, the Year 2000 work was relatively trivial by comparison with evidence of the Indian aptitude for software design and development at the most sophisticated levels. That is why the loftiest rungs of research and management at Google, Microsoft, Adobe and other technology leaders are thickly populated by professionals of Indian origin.

In 2003 and early 2004, a book proposal and essay discussing the reasons for these phenomena were shopped to more than one newspaper and magazine – before a letter about the project landed on the desk of David Goodhart, the founding editor of the British magazine Prospect (whose charter, at its 1995 launch, called for it to succeed as a cross between the vanished Encounter and The New Yorker.) His unusual curiosity, easily the equal of Bill Gates’s, led over the years to him coaxing contributions to his magazine out of Francis Fukuyama, Margaret Atwood, and J.M. Coetzee, among other provocative intellectuals.

An article accepted and edited by David, setting out a hypothesis about Indian excellence in software and titled ‘The Indian Genius,’ ran in the April 2004 edition of Prospect. Its writer was invited to address a seminar in Paris at the French Senate on India’s transformation by globalisation, and gave a paper that had an exceptionally enthusiastic reception.

None of this changed the minds of our gatekeepers in Western publishing or led them to delve into the question of whether there was indeed an audience for a cultural and historical explanation for India’s competitive advantages in software, and how the West should react to them. Did they make any effort to fill gaps in their knowledge of Asia — if only as a gesture towards matching the depth and breadth of Indian interest and immersion in the Western cultural corpus? Apparently not.

What is to be done about this? Paul Kiparsky, a professor of computational linguistics at Stanford University, also a Sanskrit scholar, does not believe that the project will find the support it deserves until a sufficient number of wealthy Californian entrepreneurs of Indian origin are not just ploughing their money into new technology ventures and alleviating poverty in India, but turning their attention to Indian culture, scholarship and art.

While we await that happy day, post-Gutenberg will — as time and stubborn formatting gremlins permit — compile a small archive of essays and articles related to Indian intellectual contributions. Our first post will be the original version of the Prospect piece on India and software, truncated as the magazine was going to press, to make room for a reaction to train bombings by terrorists in Madrid.

In searching for links to post here for readers, we found that British Library Direct has begun to charge close to £ 20 for access to the article’s edited version. This, oddly enough, is being done without the permission of the author, or an offer to share any part of the proceeds – but its being offered on that site is additional confirmation that there is a readership for the subject.

If book publishing’s gatekeepers were less incurious, would the ascendance of China and India have come as such a shock to the West?

The answer is, unfortunately, all too obvious.


Blogging shakes off its bastard status as the Leveson Inquiry legitimises non-professional, post-print media

Cartoon by an unknown artist at an exhibition, King’s Cross, London, 24 March 2012
Photograph by Katy Stoddard

A journalist giving evidence at the Leveson Inquiry on 23 May answered questions from the lead counsel, Robert Jay, QC, about his written submission – until the Bench intervened: 

Q.  … Can I ask you … about the arrangements or the negotiations with politicians which you say can become very convoluted. …

A. … I do find it easier not to have politicians as personal friends.  …

Q.  In the context of the symbiotic relationship you go on to describe?

A.  Yes.  I mean, it is like ticks and sheep, isn’t it?  One can’t exist without the other.

Q.  …  You might become parti pris or become just a little too understanding.  It’s obviously those vices which you carefully eschew.  Is that fair?

A.  Yeah, I mean I don’t want to set myself up as some sort of absolute prig here.  … I find it easier and cleaner to have a disconnection, that’s all … [A]nd the only justification, I think, for our existence, is that we act on behalf of the citizen.  We don’t act on behalf of the powerful or the vested interest.

LORD JUSTICE LEVESON:  Nobody will think you’re a prig, Mr Paxman, having just compared yourself to a tick.

Jeremy Paxman at the Leveson hearings

In 1999, after Jerri FitzGerald – the only doctor in a 41-person team on a research expedition to the South Pole – discovered a lump in her breast, she ‘performed a biopsy on herself with the help of non-medical staff, who practised using needles on a raw chicken.’

Everyone expecting courageous, detached professionalism in another sphere from newspapers covering the Leveson Inquiry into press standards and practices has been sorely disappointed. The most important story emerging from the hearings – confirmation of judicial sanction for members of the public who choose to blog, and for an unprecedented range of sources of information for voters seeking to make good voting decisions – is being concealed through a nearly exclusive focus on the implications for David Cameron’s government of sensational revelations from the phone hacking scandal.

All reporting on the Leveson proceedings by the press has been highly selective. Readers have even been deprived of such fun as the judge’s gentle takedown of the BBC’s best-known inquisitor on politics – the suave and debonair TV journalist Jeremy Paxman – recorded in our epigraph.

Reporting by traditional media about the changed status of blogging is non-existent, scant or distorted – sometimes gravely. Andrew Marr, one of the most respected political commentators in Britain, had this exchange with the Inquiry’s chief interrogator, Robert Jay:

Q.  …  [A]n article from The Guardian,  11 October 2010, … reports you as dismissing bloggers as “inadequate, pimpled and single” and citizen journalism as “the spewings and rantings of very drunk people late at night”. … Is that comment about … the tone and quality of some of the online debate, or is it a more fundamental criticism of bloggers as being detrimental to the good name of journalism?

A.  …[I]t’s partly a symptom of my deadly weakness for a vivid phrase.  It was a comment really aimed at the enormous amount of anger and vituperation that seemed to me to be swilling around parts of the Internet, most of it anonymous.  I was probably a bit out of date even if I was saying that. Now, you know, you look around and a lot of the most influential highly respected political commentators aren’t newspaper journalists, actually, they are bloggers.

In The Guardian, Dan Sabbagh supplied a master-class in biased reporting in a news story radically watering down Marr’s testimony about the value of political commentary by bloggers:

Lord Justice Leveson has queried whether bloggers would have to be brought in a revised system of press regulation, as he heard evidence from Andrew Marr about the growing power of political websites.

The BBC journalist and politics show presenter said that ConservativeHome and other sites are “now as influential as any newspaper” and any new system of regulation proposed by the judge “would have to include those alongside newspapers”.

Whereas the Sabbagh report had the judge merely reflecting ‘rhetorically’ on ‘the boundaries of regulation’ – meaning the degree to which bloggers would be treated as part of the 4th Estate – anyone paying close attention would have heard Lord Justice Leveson agonise about a ‘nightmarish’ task of a very different sort. What he said was clearly predicated on bloggers and citizen journalists not being be excluded from any new system of press regulation. His dilemma, he explained, lay in deciding exactly who should be required to redress complaints about journalistic misbehaviour in that new system – that is, wrongdoing not just by those traditionally considered journalists but by anyone practising journalism.

The judge must wrestle with the distinction within the blogosphere between those whose writing amounts to comments for the sake of commenting, versus ‘those that are in the course of — if you like, a trade or business.’ Or, as he later rephrased that division, bloggers and other newcomers who are ‘simply commenting and those who are doing more and getting towards the business end of journalism.’

It is money changing hands for commentary that is, for him, the key point of difference between traditional and non-traditional journalists – not levels of expertise, or indeed any intrinsic entitlement to comment.

Andrew Marr at the Leveson hearings

In another fascinating interlude in that day’s testimony, Andrew Marr noted – earlier – that a special category of political blogger had appeared on the scene:

I think what the world of the influential political blogger has done is introduced a new player into the system who isn’t the full-time professional journalist with a press card working at Westminster under an editor and isn’t a politician, but is somewhere between the two.  A lot of these people are card carrying party members.  […]  They have particularly strong contacts with their side.  And therefore you can’t treat them as old-fashioned journalists under old-fashioned journalistic codes …

Then, with commendable honesty, he added that newspapers had begun to employ these professionally partisan political bloggers – if not mentioning what post-Gutenberg has in recent posts about the ‘old-fashioned’ press now claiming partisanship as a basic right of a free press.  Paid political bloggers, he said, are

an  influential new thing.  I mean, even a lot of the papers are picking people up and using them as commentators now. I think the old distinction between a political player and would-be professional journalist is breaking down, and any system which is built upon the old system will quickly look out of date as well.

On Dan Sabbagh’s keyboard, that testimony was conspicuously tweaked, like the rest of his report – and made no mention of newspapers bringing spin-doctors into the fold:

Marr said that political bloggers were often “card-carrying party members” often with “strong contacts with their side”, which meant that they could not be treated as “old-fashioned journalists” but were nevertheless increasingly significant.

What a good thing it is that no member of the Inquiry’s outstanding legal team misses a beat.

There was, for instance, the moment when Marr told the presiding judge that the ‘buy-in from the editors and the journalists who are going to be part of it,’ would be critical to the success of any new system of regulation introduced.’ He emphasised that ‘you need them to be plugged in … enthusiastically and willingly so.’

This conversational minuet ensued:

LORD JUSTICE LEVESON:  In relation to buy-in, of course, if I’m going to recommend any system, it has to be a system that everybody has to buy into.

A.  Yes.

LORD JUSTICE LEVESON:  It will only have a chance of working if it works for the press, it works for the public as well.

A.  Mm.

… Not for ages has anything in public life offered the satisfaction of seeing right being done to remotely the same degree.