16 June 2003 – PressWise response to the Culture, Media & Sport Select Committee Report on Privacy and Media Intrusion.

The Culture Media & Sport Select Committee deserve congratulations for its comprehensive set of recommendations to improve regulation of the print and broadcast media as regards privacy and intrusion.

It is gratifying to note that it has incorporated most of the proposals made by The PressWise Trust in its submission ‘Stop the Rot’.

Conscience clause
One of the most important recommendations is that journalists should be enabled to refuse as assignment if they feel it breaches the industry Code of Practice and to refer the matter to the PCC. We have long argued for a ‘conscience clause’ to protect journalists who feel they are obliged for contractual or career reasons to go along with approaches to stories which they feel are unethical or inappropriate.

Right of appeal
We are particularly pleased that the Committee recommends an appeal system, open to all parties, to challenge dubious PCC decisions, and a regular external audit. Currently the PCC is a law unto itself, with a rulebook that allow it do operate exactly how it pleases. However, the newspaper industry is quick to make such demands on behalf of its readers as consumers of other products and services, so these proposals ought to raise no hackles…

Front-page corrections
Insisting that newspapers ‘flag up’ on their front page PCC adjudications that go against them is another welcome suggestion – made many times before – which would demonstrate that editors pay more than lip-service to self-regulation.

Cost of complaints
We also welcome the recognition that there is a real cost involved when inaccurate or intrusive stories force ordinary members of the public to seek corrections and redress (excluding legal fees), and that offending newspapers should contribute to those costs.

Naming and shaming
Newspapers love league tables, so there should be no objection to the Committee proposal that offending newspapers that breach the code should be named and shamed in an annual PCC league table – and made to contribute more to the cost of running the PCC!

Third party complaints
The committee has rightly drawn attention to the inconsistencies in the PCC’s attitude to pro-activity and third party complaints. Inaccurate, intrusive, and discriminatory coverage affects not just those directly involved (whether ort not they are named), but also those who read and believe what is written. After all such stories may influence the way they think and vote…

The PCC has recognized this in the case of the mentally ill, Travellers, and refugees and asylum seekers, for instance – issues around which PressWise has long campaigned. Indeed the PCC has been part of the PressWise RAM Project roadshow – touring the country to encourage people to challenge inaccurate and offensive coverage of asylum issues.

Along with other organizations we are calling on the PCC and the PressBof Code Committee to amend Clause 13 (Discrimination) to include reference to ‘legal status’ – allowing those affected by sensational coverage of refugees and asylum seekers to challenge myths and scare stories.

Similarly we shall be asking the PCC and the Code Committee to consider an additional clause to help improve coverage of suicide – since there is overwhelming evidence that insensitive coverage can have a direct impact on suicide rates. (New Presswise/NUJ/IFJ guidelines on reporting suicide are about to be launched).

Defining privacy
Contrary to the immediate claims of the media that the Committee is demanding the introduction of a new privacy law, its recommendation follows the PressWise line – that clarification is needed of what is meant by the right to privacy as per the Human Rights Act. It is Parliament’s job to define what protection any individual can expect from unwarranted intrusion – from any agency, not just the press – and it should only happen after extensive consultation.

More to come
The Committee has approved Sir Christopher’s Meyer’s initial promises to reform the PCC, and now he has put up the obligatory defensive front, we must wait and see how far he is able to persuade his paymasters to make the PCC more open, less industry-oriented and responsive to the needs of ordinary people. Reporting back on progress to the Select Committee next year is a must.

Ofcom
There are some nudges and winks in the report to the as yet inoperative single broadcasting regulator Ofcom. If it takes on board the thrust of the Select Committee’s arguments, we could see a more effective regulatory environment all round.

Indeed we might even reach a stage where instead of different regulatory regimes for different media, we might have a single content regulator that applies to all electronic communication and information services. This would make life clearer for journalists, editors and producers especially in a multi-media environment where media ownership crosses all boundaries.

Mike Jempson
Director, The PressWise Trust

(Bulletin No 86)