Archive for November, 2014

How the British press distorted reporting of… the British press

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This post was first published on FreeSpeechDebate.com on November 3rd, 2014.

Academics like the term ‘normative’. Not just because it sounds smarter than ‘normal’ but because it helps to describe how things ought to be. It links empirical evidence to broader questions of how politics and society should function. The press, more than many other aspects of society, likes to emphasise its normative functions. Less often does it assess whether it has achieved them.

The ‘normative’ view that British newspapers have of their own role is fairly straightforward: they represent the views of the public; they offer a diversity of views – both within their own pages and across competing titles; they report in a fair, accurate and – relatively balanced – way; they hold power to account; and they support their conclusions with evidence.

A comprehensive study of all articles published on press regulation in the UK national press in the year following the Leveson Inquiry has found that, when it came to the issue of press regulation, few national newspapers fulfilled their normative functions. The study, written by Dr Gordon Ramsay for the Media Standards Trust, examined all 2,047 articles published on the topic in the daily and Sunday press from 29 November 2012 until 29 November 2013, combined with a meta-analysis of every public opinion poll on the issue from 2012 to 2014.

Did the press represent the views of the public?

The views of the public can be found in 24 opinion polls commissioned between May 2012 and June 2014 on various aspects of press regulation. These polls were commissioned by newspapers themselves, by broadcasters, think-tanks, pollsters and campaigners.

These polls showed that the public were generally supportive of the Leveson Inquiry and its conclusions. They showed that most of the public did not have a problem with legal support for press regulation, and do not see the use of the law – per se – as a threat to press freedom. Moreover, the data showed – time and again – that the public were highly sceptical of the newspaper industry’s alternative proposals to Leveson.

You would not have known these views if you relied on the newspapers. The press were overwhelmingly negative about the Leveson Report and its implementation. The use of the law to support regulation was portrayed as equivalent to state control of the press. Indeed, the alternatives to the newspaper industry’s own (unpopular) proposals were painted as state control. By contrast, in many newspapers, coverage of the industry’s proposals was wholly positive.

Despite repeated emphasis on the importance of the press being able in the name of the public, public polling data was curiously absent from coverage. Less than 2% of articles on press regulation contained any reference to any polling data from the two dozen surveys. Even those newspapers that commissioned polls, notably The Sunday Times and The Sun, tended not to publish the unfavourable responses.

Did the public receive a diversity of views?

Providing a diversity of viewpoints is a pretty uncontested positive function that news media are expected to play in public life. Yet there was little diversity of views about the Leveson Report within or between papers. For nine out of ten newspaper readers, over 70% of the articles they read about this issue were entirely negative (in other words contained only criticism of Leveson or the Royal Charter, with not a single positive viewpoint). In one newspaper, the Daily Mail, the ratio of negative to positive articles was 33:1. In The Sun the ratio was 29:1.

If only leader columns in these papers are measured, the negative-only ration rises to over 90% – 145 out of a total of 159 leaders. For 90% of newspaper readers, every single leader column mentioning the newspaper industry’s alternative proposals (the ‘PressBof Royal Charter’ and IPSO) was positive, while every single leader mentioning the Privy Council’s rejection of the PressBof Charter and the sealing of the Cross-Party Charter was negative.

Did the press hold power to account?

In the period immediately following the publication of the Leveson Report, in January and February 2013, senior news executives met almost daily with the Minister for Government Policy, Oliver Letwin (20 meetings) and with the Secretary of State for Culture, Media and Sport (17 meetings) to draft a Royal Charter that they found acceptable.

None of these meetings was reported on by the press. We only know about them because, six months later, the government was obliged to publish a record of Ministerial meetings. The freedom to report in the public interest did not, in this instance, include the freedom to report on the newspaper industry’s own power to negotiate with the Government on policy issues.

As the favourable coverage of the newspaper industry’s Royal Charter and IPSO demonstrates, many newspapers were also willing to use their pages to promote their own self-interest, even while being unwilling to scrutinise their own participation in the process.

Was the coverage fair?

We expect our press to express its views, but we also expect news reports – as opposed to editorials – to be relatively fair and balanced. Yet, based on the data, news reports on this issue were not fair or balanced. Two-thirds of all factual news reports (excluding comment and leader articles) contained only negative viewpoints on Leveson or the Royal Charter, either from sources, or within the rest of the article. To the reader, this gave the impression that opinion on the issue was settled, and that there was a consensus against Leveson and the Charter. The opposite was true, as public opinion clearly and consistently demonstrated.

In addition to the unbalanced use of sources, news articles regularly contained evaluative statements about Leveson, presented as fact. A Daily Mirror news article, for example, on 30 November 2012 – the day after the Leveson Report was published – introduced the proposals as “draconian curbs on the press”, and a Sunday Times news article on 9 October 2013 described the Royal Charter as “state regulation of the press”. Statements like these occurred throughout the news coverage, indicating that the opinionated language of leader articles became incorporated into factual reports.

Was the coverage accurate?

Separate to the insertion of opinion within news reports, much of the coverage of Leveson and its implementation was not accurate. Many newspapers claimed, for example, that a Leveson system of self-regulation would lead to censorship. Yet Leveson stated that no self-regulatory system should ‘have the power to prevent publication of any material, by anyone, at any time’ (Recommendation 17). The Leveson recommendations were repeatedly referred to as ‘statutory regulation’, despite Leveson’s assertion that ‘despite what will be said about these recommendations by those who oppose them, this is not, and cannot be characterised as, statutory regulation of the press’ (Summary, p17).

Nor was it true that whistleblowers would be arrested if Leveson was put into practice, as The Sun said. Or that off-the-record briefings by police would be banned. Or that politicians would have the final say over the content published in newspapers. Or that civil society groups that supported Leveson were bankrolled by Brussels. Or that the whole Leveson Inquiry was an establishment stitch-up engineered by a left-wing conspiracy. Yet each of these claims and others were made by newspapers.

Were claims backed up by evidence?

The most frequent newspaper criticism of the Leveson Report and the Royal Charter was that it represented a threat to press freedom. 862 articles contained a reference to this supposed threat. Yet of those, less than one-third tried to explain why it was a threat or presented evidence to support the claim. Over two-thirds presented the claim as fact, with no evidence. Only a handful of articles gave space to those who argued the opposite, despite this being the view of all three main parties, civil society groups, academics, and – as opinion surveys showed – much of the public.

Most of the UK national press therefore failed to represent public opinion, failed to offer a diversity of views either within their own pages or across competing title, failed to report in a balanced way, failed to hold power to account, and eschewed accuracy and evidence to promote a broadly uniform editorial line that suited their own policy interests.

With certain honourable exceptions – the Guardian and Observer; the Independent and Independent on Sunday, and the Financial Times – on this issue the UK’s national press failed practically every normative test. Their function, in the area of press regulation, was less a quasi-constitutional role of holding power to account and facilitating a free and open market of ideas, and more a pursuit of their own self-interest, self-censorship of views that were contrary to their own, and preservation of the status quo.

The figures in this piece come from a report published by the Media Standards Trust in September 2014 – ‘How newspapers covered press regulation after Leveson’ by Dr Gordon Neil Ramsay which can be read here. The full dataset is available here.

Written by Martin Moore

November 10th, 2014 at 3:38 pm

New Appointments Further Increase IPSO’s Dependence on Powerful Industry Figures

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This post was first published on the Huffington Post UK on 3rd November 2014

In the last few weeks there have been significant developments in press regulation that have gone entirely unreported, despite the fact that they involve the most senior figures in the news industry, and despite that fact that they increase the dependence of the industry’s new self-regulatory body, IPSO, on the major publishers.

The Chief Executive of the Telegraph Group, Murdoch MacLennan, has been made the ninth and final member of the Board of IPSO’s funding body. Paul Dacre, Editor-in-Chief of the Daily Mail, has been made the Chair of the Editors’ Code of Practice Committee – and other industry committee members have been made public. David Newell has been made Secretary of the funding body and, a new, more powerful news industry lobbying group is being established called the News Media Association.

Telegraph Chief Executive to be ninth member of the RFC Board

A ninth – and final – Director has been appointed to the Board of IPSO’s funding body, the Regulatory Funding Company (RFC). The RFC not only controls IPSO’s funding, but has a veto over key decisions like changes to the Code of Practice, the establishment of an arbitration service, and any changes to the IPSO regulations themselves.

When the first eight members of the RFC were announced it was considered newsworthy that there were no representatives from the Telegraph Media Group or the Mail Group – two of the UK’s most powerful publishing groups, and most prominent critics of Leveson. News Corp’s News UK was represented (by its Chief Financial Officer), as was Northern and Shell (by its Group Editorial Director) and Trinity Mirror (by its Group Legal Director), but not the Telegraph or Mail (the lack of representation of working journalists, women, or anyone who was not a senior executive in a news publisher was not mentioned in the coverage).

The Telegraph’s absence has now been rectified. The ninth member of the RFC Board is the Chief Executive of the Telegraph Media Group, Murdoch MacLennan. McLennan is the most senior executive figure at the Telegraph and appeared in the Media Guardian 100 in 2011, 2012, and 2013 (#29 in 2013). Prior to working at the Telegraph Group he was a senior executive at Associated Newspapers, and has been on the Board of the Newspaper Publishers’ Association for the past 16 years. The appointment was not considered newsworthy in either the national press or the industry’s own publications. Nor was it announced by the Regulatory Funding Company.

Paul Dacre to be Chair of the new Editor’s Code of Practice Committee

The Mail, though absent from the RFC Board, now appears to be well represented elsewhere across the IPSO system.

The new Editors’ Code of Practice Committee has now been established, again with no public announcement. The Chair of this Committee is Paul Dacre, Editor-in-Chief of the Daily Mail. Dacre was also Chair of the previous Editors’ Code Committee during the PCC era (taking over from News International’s Les Hinton in 2008), he was a PCC Commissioner from 1998, and has been a Director of the Press Standards Board of Finance since 2004. Also on the new Code Committee is Geordie Greig, Editor of the Mail on Sunday. Peter Wright, the Editor Emeritus at Associated Newspapers has recently been appointed to IPSO’s Complaints Committee.

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Based on its membership this new Editors’ Code of Practice Committee is not new. Every industry member was on the previous Committee, with an average tenure of almost a decade. Altogether they represent a hundred years of service on the Code Committee since it was created in 1991.

David Newell made Secretary of the Regulatory Funding Company

As this analysis shows, the Regulatory Funding Company has substantial control over IPSO, as the Press Standards Board of Finance (PressBoF) did over the PCC.

The RFC Secretary has a critical position at the funding company. As the company’s Articles of Association show, the Secretary has discretion over the subscription each member pays to the RFC, and, through this, discretion over the numbers of votes eligible to be cast by publishers:

6.1.2 The numbers of votes eligible to be cast by a Regulated Entity in its Sector or Sectors and the number of votes cast by a Regulated Entity will be determined by the Secretary as defined in the Articles of Association of the Regulatory Funding Company (IPSO Scheme Membership Agreement)

24.6 Each member shall promptly supply to the Secretary such information as he or she may reasonably require in order that he or she may determine the amount of the member’s subscription in accordance with the methodology applicable to the Sector or Sectors to which the member is designated.

24.7 The Secretary’s determination shall be final and binding and each member shall pay its subscription to the Secretary within 30 days of being notified of the amount by the Secretary.

24.9 Subject to Article 24.10 the Secretary shall keep confidential and not disclose to any person, including the directors, any information provided to him or her in accordance with Article 24.7 nor the amount of any member’s subscription (Regulatory Funding Company Articles of Association)

David Newell has been made RFC Secretary. This information is not available on the RFC’s website but can be obtained via Companies House documents. The appointment was first referenced in these documents in July 2014.

David Newell previously occupied the position of Secretary at PressBoF, as well as his Directorship of the Newspaper Society (the representative body of the local and regional press) while being Secretary of the Newspaper Publishers’ Association, which represents the national press. He has been affiliated with the Press Standards Board of Finance since 1990, when it was created.

A new, more powerful industry lobbying group

A further development was revealed by Paul Dacre in a speech at the Ritz on Tuesday 28th November. There is to be a new newspaper industry lobbying group that will amalgamate the existing representative bodies in order to lobby more effectively on issues of public policy that affect the industry. To quote Mr Dacre in full (as this represents the only public statement on the matter):

…there is about to be a sea-change in the way the industry’s organisations are constituted. In the next few weeks, the merger – about time, too – of the national press and the regional press into one new representative body, the News Media Association, gives us far more clout that we have ever had before to oppose those things that undermine us and fight for the changes we need

There is no information available publicly on this group, its members, or its aims. It is not clear the extent to which the local and regional press will lose their distinctive voice in this merger.

One of the causes of public outrage in 2011 and catalyst for a public inquiry was concern about the power media organisations, and the news industry as a whole, held over the democratic process. It would now appear that a new, more powerful industry body is to be established with the express aim of lobbying and direct intervention in the democratic process.

Structural limitations on the freedom of the Chair of IPSO

These developments add to the structural limitations on IPSO’s independence already cited in our detailed assessment.

Within this context it is hard to see how Sir Alan Moses can act independently, regardless of his stated intentions to secure reforms to make IPSO more independent.

IPSO’s money is controlled by the most senior figures in news publishing (including the money available to fund investigations). IPSO’s rules prevent it from acting effectively on behalf of the public – and cannot be changed without consent from the largest publishing groups. IPSOs investigations are hemmed in by regulations that will make successful investigations and fines almost impossible. IPSO cannot establish an arbitration service without the consent of the RFC.

These appointments, and the manner in which they were made, reinforce the impression that the major publishers intend to recreate the previous, discredited, system of press self-regulation with the same figures in control. It repeats what Lord Justice Leveson called, ‘the pattern of cosmetic reform’ that has characterized the previous seven decades of press self-regulation.

It is difficult to see how IPSO can hope to gain public confidence when the news publishers that established it act in this way.

This post was written with Dr Gordon Ramsay

Written by Martin Moore

November 5th, 2014 at 3:35 pm

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