It is incredible that we find ourselves rising in Parliament to debate the fundamental issue of press freedom centuries after politicians gave up their role in controlling the press. Obviously, I know why we are here, but none the less it is rather depressing. I appreciate that Lord Justice Leveson is at pains to say that his report does not recommend state regulation, but I sometimes wonder what’s in a name. We should remind ourselves that we are here partly because of actual lawbreaking and some outrageous behaviour by certain members of the press. Understandably, there are innocent victims who want to see changes to ensure that such breaches cannot happen again and that there is proper redress for victims in future, but are we in danger of shifting too far in our response?
Like many others as the media storm was brewing over the past few weeks, I feared that Lord Justice Leveson would recommend nothing short of full-on state regulation of one of this country’s finest traditions—our free press. On first appearance, his recommendations were less draconian than I had feared, and I recognise that they were arrived at after much agonised deliberation over exactly what role, if any, the state should play in regulating the press. Finally, in unveiling his proposals, Lord Justice Leveson placed heavy emphasis on the need for an independent regime and stressed the need to make any new body voluntary but, crucially, with sufficient incentives so that all publications would sign up—so perhaps only technically voluntary.
So far, so good. Let us delve a little deeper into the 1,987 pages, however, and the waters get murkier. For instance, I am still not at all clear about what happens to publications that choose not to sign up to the new body. What would the future hold for them under the proposed new regime? It would be pretty chilling if, despite obeying the laws of the land—and working perfectly acceptably—they were to be bullied and penalised, perhaps to the point of having to close down. It is a very
important question, because as much as people talk about the desirability of a new press code and regulatory system backed by statute, I am not sure that we have thought through all the consequences. Obviously, the goal must be to get everyone signed up, but the “What if?” question still remains.