Leveson reform 'would be illegal'

Written By Unknown on Minggu, 02 Desember 2012 | 19.12

2 December 2012 Last updated at 06:48 ET
Andrew Marr show paper review

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Shami Chakrabarti tells the BBC's Andrew Marr that she does support Leveson's report

A key adviser to Lord Justice Leveson says his proposal for compulsory press regulation would be illegal because it would breach the Human Rights Act.

The judge's report recommended an independent self-regulatory body for the industry, backed up by legislation.

But Liberty's Shami Chakrabarti said although she supported the principles of Leveson's report, she "got off the bus" at compulsory regulation.

Actor and campaigner Hugh Grant said reforms "simply won't work without it".

Lord Justice Leveson proposed creating a new, independent watchdog, but the debate over any legislation underpinning it has caused a split in the coalition.

'Carrots and sticks'

Ms Chakrabarti, one of six assessors who worked on the Leveson Inquiry, told the BBC's Andrew Marr programme she supported the "carrots and sticks" in the report, that meant press who signed up to a new watchdog would be subject to lower penalties than those who did not.

"The bombshell, or the difference, is what do you do if people don't join the club or don't set up a club. And Leveson doesn't want compulsory regulation of the press, but he says if they don't play ball, politicians may have to consider it. That is where I get off the bus," she said.

She told the Mail on Sunday that, in a democracy, regulation of the press and imposing standards on it must be voluntary.

"A compulsory statute to regulate media ethics in the way the report suggests would violate the act, and I cannot support it."

Continue reading the main story

Would:

  • Create a process to "validate" the independence and effectiveness of the new self-regulation body
  • Validate a new process of independent arbitration for complainants - which would benefit both the public and publishers by providing speedy resolutions
  • Place a duty on government to protect the freedom of press

Would not:

  • Establish a body to regulate the press directly
  • Give any Parliament or government rights to interfere with what newspapers publish

She also said Labour leader Ed Miliband had been "hasty" in declaring his full backing for the Leveson report.

Mr Miliband has said Prime Minister David Cameron must back Lord Justice Leveson's proposal by Christmas.

If Mr Cameron has not signed up by then, Mr Miliband says he will pull out of cross-party talks.

Mr Miliband told the Observer the prime minister has "one last chance to show leadership" or his party will begin rallying for a Commons vote in January, which could see Mr Cameron defeated.

Mr Cameron has indicated he has "serious concerns and misgivings" about legislation following the Leveson report.

'Complicated issue'

Chancellor George Osborne told the BBC he did not think Labour should be setting deadlines before Christmas.

He said Ms Chakrabarti had spoken "very powerfully about the risks of legislation" and it was important that the parties continued talking to find a consensus.

"This is a very complicated issue and we have got to get it right," he said.

Conservative MP John Whittingdale, who chairs the Commons Culture, Media and Sport Select Committee, has called for self-regulation rather than new laws, saying legislation could stifle free speech.

"As people come to think about this carefully, they will realise the dangers of going down this road," he said.

However, shadow chancellor Ed Balls told the Andrew Marr show Mr Cameron should "get on and do it".

"I'm somebody who was always very sceptical about imposing statutory legislation on the press but that's not what Leveson did," he said.

Also appearing on the programme, actor Hugh Grant claimed Lord Justice Leveson's recommendations were "mild" and branded Mr Cameron's position "very close to disgraceful".

He spoke of his "astonishment" at Mr Cameron's "betrayal" by declaring there was no need for statutory underpinning.

'Papers challenged'

Campaign group Hacked Off, which represents people who have been victims of press intrusion, has launched a petition for Lord Justice Leveson's recommendations to be carried out in full. It now has about 100,000 signatures.

Liberal Democrat Deputy Prime Minister Nick Clegg wants a new law introduced without delay.

David Cameron will attend a meeting on Tuesday with Culture Secretary Maria Miller and newspaper editors.

Mrs Miller has said the "gauntlet has been thrown down" to papers to demonstrate how they could regulate themselves without legislation.

Lord Justice Leveson's 2,000 page report into press culture, practices and ethics, published on Thursday, followed an eight-month public inquiry launched in the wake of the phone-hacking scandal.

The report said a regulatory body proposed by the press at the inquiry was insufficiently independent.

Lord Justice Leveson said the press - having failed to regulate itself in the past - must create a new and tough regulator but it had to be backed by legislation to ensure it was effective.

Press Complaints Commission chairman Lord Hunt has said the Press Complaints Commission should be replaced by another organisation within months, although the idea of legislation has been largely rejected by newspapers.


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