One minute
reports suggest that the leaders of Britain’s main political parties are
finally getting ‘close to agreement’ on a new system of press regulation, the
next we are told that talks have ‘broken down’ again. Whatever the latest
twists, the one certainty is that the hard-won freedom of the press from state
supervision, fought for over centuries of public political struggle, is now in
danger of being stitched up and sacrificed quietly, behind closed doors.
The main drivers behind this attempt to
tame the press have been the Labour Party and its allies in the Hacked Off
lobby. These illiberal forces have tried to turn history on its head by
claiming that regulating the press, long the ambition of kings and tyrants, is
now a ‘radical’ cause for ‘ordinary people’. To pursue their crusade for
statutory regulation, they have proved willing to hold democracy to ransom,
threatening to disrupt the political process via a handful of peers in the
House of Lords unless they get their way.
A brief summary of the tortuous legal and
political shenanigans as we know them to date. In his report last November,
Lord Justice Leveson proposes that a tough new ‘independent’ press regulator
must be backed by statute. Labour, the Lib Dems and Hacked Off demand that
Leveson’s proposals be implemented in full. Tory prime minister David Cameron
says he wants to implement Leveson’s plans for taming the press, but balks at
the notion of a new law to help do so.
In an effort to escape the corner they
have thus painted themselves into, the Tories then propose that, instead of a
parliamentary law, the new regulator should be recognised by a Royal Charter.
As pointed out previously on spiked, if anything this is
potentially even worse than statute, evoking shadows of the old system of the
Crown licensing of the press. Labour and the Lib Dems have suggested that they
might accept a Royal Charter as an alternative to statutory-backed regulation –
but only if it is embedded in statute!
As these top-level negotiations have
dragged on into 2013, the high-handed pro-regulation lobby has opted for more
direct action. First Labour peers, led by Lord Puttnam and backed by others
from all corners of the House of Lords, attached an amendment effectively
creating a Leveson law to the Defamation Bill that was going through its final
stages in parliament. Cameron then indicated that he would rather drop the
entire bill to reform the dreadful libel laws than allow such a press law to be
created via the backdoor.
Outraged by the prime minister’s refusal
to do as he was told, the pro-regulation ‘rebels’ then threatened to attach a
Leveson amendment to every piece of legislation in the House of Lords, whether
it was about energy policy or business regulation, until the government allowed
a press regulation law to pass. This is effectively an act of political
blackmail, which would hold the entire parliamentary process to ransom until
the government agreed to their terms.
This week, it appeared that the
blackmailers might be close to success, with Cameron reportedly agreeing to a
compromise deal. Under this new plan, a statute would be passed that did not
refer specifically to Leveson or the press, but which underpinned more broadly
the status of all Royal Charters. Thus we would be left with statutory
regulation of the press in all but name. Latest reports suggest that Cameron
has now had second thoughts, broken off talks with Lib Dem deputy prime minister
Nick Clegg and Labour leader Ed Miliband and decided to publish the Tories’
plans for a Royal Charter on Monday. We shall see.