♯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.)

Will Leveson end blessing press partisanship and slamming the brakes on the rise of new media and the 5th Estate?

Lord Justice Leveson interrogating Rebekah Brooks, the former News International chief.

Why is this blog keeping a close eye on the progress of the Leveson Inquiry? Not because of minutiae about Rupert Murdoch and his henchwoman Rebekah Brooks jumping in and out of bed with British prime ministers, metaphorically speaking – as important as those shenanigans are to grasping the extent to which the governing of Britian has been infested by parasitical media magnates.

Under his Inquiry’s terms of reference, Lord Justice Leveson will have to make recommendations about the future of press regulation in Britain. These are bound to influence the debate about policy in other parts of the world. The expectation about the effect of his prescriptions that we at post-Gutenberg find most exciting is in this advice the judge has received:

…[I]f you do get the regulatory framework right for print journalism, I think that will have a profound effect on the way the Internet develops. […] What I think is happening is that we’re going to end up in a position where there has to be a redefinition essentially of what a journalist is.  … [I]t would be absurd to expect you to have regulation for every single person who is on Facebook and Twitter because then you’re not far off from saying we have to regulate the content of text messaging and so forth. […] So I think there has to be a definition of what a journalist is, what a media organisation is, and [though] this is where I have some sympathy for the print industry, it’s not just about the print industry.

That was part of yesterday’s testimony by Alastair Campbell, the much-reviled political strategist and press adviser to Tony Blair. Further justifying this blog’s praise for his contribution at an earlier hearing a few months ago,  Campbell has proved to be incontestably the clearest and best-informed thinker among those assisting the Inquiry.

Lord Justice Leveson’s obvious grasp of the most subtle aspects of what Campbell told him was particularly welcome after undercurrents at last week’s hearings suggested that perhaps David Cameron’s government – even though it commissioned this Inquiry – had been warning the judiciary, off-stage, about excessive zealousness.

The presiding judge’s unfailing good humour had up to then been as striking as his scrupulously fair treatment of all witnesses. But a newspaper quoted him as having said, last Thursday, with unprecedented irritability, that he was impatient to reach the end of the hearings and get back to ‘productive judicial work’. As this followed his rejection, the week before, of the government’s request for privileged ‘core participant’ status in the proceedings, it seems most likely that friction between the executive and judicial overseers of our democracy played some part in darkening his mood.

There were other apparent reactions to unpleasant, behind-the-scenes manoeuvring – as in the somewhat tortured and meandering summing-up by the chief interrogator, Counsel Robert Jay, of the chief issues raised by the hearings. Formally addressing the Lord Chief Justice, he delivered a sort of pre-mastication of findings from witness testimony to date. In this, he partly echoed quixotic attempts by the media to justify a partisan press – of which the most bizarre has been an argument offered by The Economist, dissected in an earlier post on this blog.

‘The fearlessness and vibrancy of our press is something of which we should be enormously proud,’ Counsel Jay, usually a model of calm rationality, said in a rare rhetorical passage. He also said:

Newspapers are entitled to be partisan in a democracy, to campaign in favour of causes, policies and political parties; and were the State to legislate otherwise that would be undemocratic, as well as, under our current settlement, an abrogation of human rights.

This paean clashed with his clear understanding – obvious from his thinly veiled outrage, in one interrogation after another – of the damage done by partisanship.  On Friday, grilling Rebekah Brooks, the former chief executive of News International, he sought to underline that the payoff for newspapers, for pushing the agenda of their chosen political parties, is the ability to influence policy — and that this seriously undermines democracy. A New York Times report spotlighted his repeated insistence to Brooks that

…. media executives and editors were ‘unelected forces’ influencing policy by exercising power over governments …

Post-Gutenberg wondered, watching a video feed from Leveson:  since when has the concept of press partisanship been warped by being treated as an essential component of press freedom?  Not everyone is taken in by this Orwellian obfuscation. Gus O’Donnell – a Whitehall mandarin who has served three governments as cabinet secretary —  testified just before Alastair Campbell yesterday. In his written statement submitted to the Inquiry in advance, he said unequivocally,

Newspapers can and do actively support political parties, meaning it can be difficult to obtain objective information from them …

… then, in his live testimony, added:

 … [I]t’s in their strong interests for politicians to talk to newspaper editors and proprietors to try and explain their policies, try and explain why that newspaper should support them.  That’s been going on and continues to go on and that’s the structure we have.  And as long as you have newspapers which are allowed to strongly support and come out very overtly in favour of political parties, that relationship is going to continue.

Where I would like to see a change, perhaps, is […] if you contrast the newspapers, say, in the United States with the United Kingdom, you’ll find in the United States newspapers in general tend to separate out opinion and news much more.  So you’ll get a page of opinion, which basically says, “We strongly     support this politician or this set of policies”, in a very kind of almost propaganda-ish way, and then you’ll get the news columns, which tend to be pretty straight.

I think if you looked at our newspapers, where they differ is that you’ll find that you get all the opinion in the same way but in the news stories. [my ital.]

… Why is the press so desperate to convince us that media partisanship is a good thing? Because, if the public approves of the press siding with particular political leaders and parties — instead of preferring press impartiality,  as it actually does, at present — the 4th Estate can continue to assume king-making powers.

Politicians will continue to put themselves at the beck and call of newspaper proprietors and editors in the hope of winning their nominations in elections. As Campbell pointed out yesterday, Murdoch’s is not the only press fiefdom involved in what O’Donnell characterised earlier in the day as ‘a co-dependent relationship between politicians and the media’.

Alastair Campbell noted:

Because Murdoch’s the biggest figure and because the phone hacking has led to this Inquiry, there’s been a huge amount of focus on him, but this goes right across the media panoply.  I mean, I was in charge of Tony Blair’s  media operation and we had strategies for all of these papers and we had approaches out to all of these papers.

Let us hope that Lord Justice Leveson, when he sits down to write his report, proposes a regulatory framework that puts an end to the toxic mutual manipulation that goes with press partisanship. Let us hope that he can resist the huge pressure being brought to bear on him to stop citizen journalists and other outsiders from breaking up the exclusionary symbiosis of old media and government.

One thoughtful witness after another has recommended greater transparency and accountability in press dealings with the government and politicians. Excellent and essential ideas, yes. But the Lord Justice should, in addition, do all he can to let the new technologies at our disposal open the way to many more disseminators of facts, and to challengers of media warping or omitting inconvenient facts.

New voices must be heard from – in whatever framework he advocates — on equal terms with today’s media powerhouses, even as the lights dim in these institutions, and they bow before the force of the onrushing 5th Estate.

Murdoch’s end shows why the 4th Estate needs competition, power-sharing, and watchdogs as astute as Lord Justice Leveson — on permanent duty

Rupert the piteously wronged: it should not have taken 30 years to see him flushed down the sewer of history

Questions that came to mind, watching segments of Rupert Murdoch’s testimony last week at the Leveson Inquiry into the culture, practice and ethics of the British press:

Why did it take over three decades — the lifespan of some loyal readers here — for the outing of Rupert Murdoch as the most pernicious influence on British journalism for at least a century?

Max Hastings, who was for some years the editor of The Daily Telegraph — but has voted for both Labour and the Tories, in different elections — is almost the last man standing at the profession’s summit who deserves deepest respect. His account of competing with Murdoch and his newspapers in a memoir published ten years ago, Editor: An Inside Story of Newspapers, reveals why the man went unchallenged for so long, and offered a deft portrait of him:

… Murdoch, as always when I encountered him, cut a curiously joyless figure. He appeared to have no life beyond his business, no cultural or aesthetic interests. [… He] will leave this planet having added precious little to the store of decency, culture, humanity …

[…]

One of the most sensitive issues for many British newspapers is that of how they treat their rivals in print. There is a shameless, self-serving compact between companies, that the personal embarrassments of newspaper owners are not reported by competitors. Anyone who attempts to write about Rupert Murdoch’s or his family’s domestic arrangements for another publication is likely to receive  a call (or, more likely, his editor or managing director will do so) from one of the great tycoon’s senior stooges at News International, drawing attention to the proprietors’ pact, and warning without much subtlety about the inevitability of retaliation if the convention is breached. The preposterous Barclay brothers ruthlessly assert their right to be spared personal publicity of any kind, even about the fortress they have constructed in the Channel Islands, and even though they have chosen to become newspaper owners.

It always seems pretty rich, that titles which derive most of their income from laying bare the private lives of others should show no embarrassment about protecting their own proprietors from scrutiny, through what amounts to a system of social nuclear deterrence.

All that being known on Fleet Street, why are none of the newspaper chieftains conceding, as they analyse the implications of Murdoch’s toppling, that he and they were all in the same club? … Why are none of them explaining the wider consequences of that to their readers? … For instance, that staffers on their papers were as entangled with politicians as Murdoch and his lieutenants were – so much so, that the two most important scoops of the last decade about power in Britain came not from staffers but freelance journalists?

As far as I can tell, there has been just one noble exception to this selective blindness. An Observer columnist, Henry Porter, wrote at the weekend:

The point of regulations and institutions is to defend the relatively fragile democratic process from people like Murdoch. The fact that none of the safeguards worked and we came within a whisker of allowing his near total dominance of the marketplace further erodes our faith in the political class to act in the interests of the public. Let’s not forget that it was largely accident, and the dedication of a very few journalists, that exposed the cover-up, of which Murdoch now claims, with eye-watering hypocrisy, that he was a victim.

Actually, it was one dogged and intuitive reporter – Nick Davies, working as an outside contributor to a broadsheet newspaper, who was able to capitalise on the ‘accident’ that exposed the extent of phone hacking by Murdoch’s minions.

Why did staff journalists anywhere fail to publish that ugliness hidden in plain sight, or break the political horror story of 2009, the MPs’ expenses scandal – the revelations about members of parliament misusing allowances and expense accounts to pay for pornography and cleaning their castle moats, among other fraudulent acts?

This scoop was also the triumph of a freelance journalist, Heather Brooke – operating outside the cosy club in which the country’s leading parliamentary correspondents wined and cuddled politicians.

The inescapable conclusion?

The club walls need tearing down. It is time for the long reign of 4th Estate journalism to give way to the 5th Estate, in which new rules and conventions will allow for the full participation of outsiders, including citizen-journalists.

Like everyone else who cares about making democracy work, David Puttnam, a genuinely idealistic politician and activist who is also a hugely successful film producer – of Chariots of Fire, for one – perceives a clear need for media reform:

In the House of Lords and elsewhere, I have repeatedly called for a comprehensive cross-media impact study – so far to no avail. At the end of his session with Lord Justice Leveson, Rupert Murdoch described the digital landscape, which we have now entered, as one in which tablets and GPS-enabled smartphones are displacing newsprint. The potential of this technology to engender even greater competitive diversity in an intelligently regulated democracy ought to be very welcome. It should result in a broadening of the lens through which we see the world, not a narrowing of it.

But that requires a clear regulatory framework that encourages, in fact enables, media plurality to flourish. We cannot, for example, legislate for good journalism, but we can legislate for the conditions under which the very best journalism is nurtured and sustained.

There were some hostile early reactions to the Leveson Inquiry from the 4th Estate — when it was not ignoring it altogether — like this bit of ludicrous exaggeration by the Guardian columnist and former editor of two newspapers, Simon Jenkins: ‘As with a military occupation, the longer Leveson’s tanks stay on Fleet Street’s lawn, the less benign they seem.’  But lately, some leaders there have apparently begun to hope that the judiciary’s interest in their doings might be used to protect them from being overrun by the 5th Estate.

A Guardian editorial last week adopted a surprising new tone:

The other revealing moment in Murdoch’s testimony last week was when he launched into an incoherent rant about – and against – the internet. […] As Murdoch rambled, waving his arms despairingly and pounding the table, it was difficult to determine what point he was trying to make, other than the unfairness of governments regulating newspapers while the wild west web remains untamed. Was it just that he senses his powers ebbing away, flowing towards the new masters of the digital universe – the Sergey Brins, Larry Pages and Mark Zuckerbergs of this world?

Will they turn out to be any better than the media moguls who preceded them? And who will play Lord Justice Leveson’s role if they don’t?

As this blog pointed out, when newspapers on both sides of the Atlantic were doing their best to ignore the judicial probe, the two-man team of Lord Justice Leveson and Robert Jay has been giving us an astonishing demonstration of judicial skill and insight. This is British justice at its dazzling best.

David Cameron would do well to put these same men at the head of the organisation that replaces the disgraced Press Complaints Commission – at least, for the first few years of its existence.

Above all, let us hope that in his recommendations at the Inquiry’s end, this Lord Justice spotlights the need for the media to adapt for the future, in a reinvention guided by maximising inclusiveness and transparency – through, for instance, co-ownership. See:

(for an explanation of why the old order has to give way to the new: )

Good Guardian, bad Guardian, and two more censored comments

https://post-gutenberg.com/2011/11/15/good-guardian-bad-guardian-and-two-more-censored-comments/

Also:

Why a keiretsu-cooperative is a gentle transition for old media

https://post-gutenberg.com/2012/02/21/why-a-keiretsu-cooperative-is-a-gentle-transition-for-old-media-and-how-about-saying-an-exaltation-of-bloggers/

Co-owning media is on the horizon — and press coverage of the Leveson Inquiry shows why we need this

https://post-gutenberg.com/2011/12/06/co-owning-media-with-audiences-is-on-the-horizon-and-press-coverage-of-the-leveson-inquiry-shows-why-we-need-this/

Why is The Guardian censoring debate about press reform and ignoring the Lord Chief Justice’s endorsement of citizen journalism?

https://post-gutenberg.com/2011/11/07/why-is-the-guardian-censoring-discussion-of-press-restructuring-and-ignoring-the-top-judges-support-for-citizen-journalism/