Friday, May 20, 2011 

A new starting point on injunctions.

It would certainly be nice if following today's excellent report by the committee on super-injunctions (PDF), the media finally drop the entirely misleading claim that injunctions which anonymise the claimant(s) are anything approaching the equivalent of the orders sought by Trafigura and John Terry, both of which were subsequently overturned. As they point out, as far as they're aware only two "super-injunctions" have been issued post-Terry, the first of which involving Howard Donald of Take That was set aside on appeal, while the second was only in place for seven days to prevent the alleged blackmailer from being able to get their information out before they could be held in contempt of court for doing so.

As was expected, there's very little in the report to cheer the tabloids hoping for some sort of admission that the current situation is unsustainable and that parliament should legislate to decide where the balance between privacy and freedom of expression should generally lie. Interestingly, the one potential sop to the more concerned sections of the media which has been reported, that super-injunctions were once granted far too readily or too often doesn't itself seem to appear in the report, suggesting this was intimated by Lord Neuberger or Lord Judge at the press conference.

The recommendations the report does make are sensible and should be easy to put in place. It's long been absurd that no proper records have been kept of just how many such injunctions have been issued, making it incredibly difficult to ascertain whether there really has been a massive growth in the number of gagging orders applied for. Collecting the data and issuing an annual report will help to dispel claims that "justice" is increasingly being carried out in secret. Similarly, standardising the procedure to be followed when a "interim non-disclosure order" is sought in the future should help streamline the process, as well as ensure that third parties, almost always media organisations, know about the hearing and have a chance to challenge it from the outset.

The one potential difficulty with the latter is that, as we've seen, certain sections of the media cannot necessarily be trusted to keep the details of the cases secret after they've been gagged, let alone before the injunction has even been issued. This is admittedly not helped when judges are making such difficult borderline decisions, like that involving Fred Goodwin, where the line between the public's right to know he was having an affair at the time of the banking crisis with the possible knock-on effect it may have had on his work and his right to privacy is so narrow and fraught. Justice must be open and seen to be done, but it doesn't have to involve kowtowing to a press that continues to want to impose its own unbelievably hypocritical version of morality on a nation for the sake of their sales. We have long deserved a better debate on all of this, and today's report will hopefully provide a new starting point.

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Monday, May 16, 2011 

Anything else going on apart from...?

"It's been a week where you sit there thinking, is there anything else going on in this country apart from a bunch of z-list celebrities having sex with each other?"

So asked Ian Hislop, in what was to be the last episode of Have I Got News for You to feature Angus Deayton as host. It was also the same week in which Ulrika Jonsson said that she had been sexually assaulted by a well-known television presenter, who was inadvertently named by Matthew Wright shortly afterwards. The past week has seen a very similar situation, albeit it slightly hampered by how we're not supposed to know who some of those z-list celebrities are.

If nothing else, you have to hand it to the tabloid press: it often accuses the supposedly more serious-minded broadcasters and papers of hypocrisy on the grounds that they more or less duplicate their coverage, albeit under the guise of poking fun or discussing the potential implications for press freedom. There's been no such back-biting this time, for the reason that they've been amazingly successful in turning what have been only the latest incremental development in privacy principles into an issue of freedom of speech so vital that the prime minister has intervened on more than one occasion to declare his unease. Under the banner of "super-injunctions", almost none of which the recently issued orders have actually been, they've campaigned vigorously for their right to print more or less what they like about prominent individuals and what they might have been up to, invoking morality, censorship, democracy and almost anything else they think might win more supporters to their cause. Helped along by social networks and the difficulty of removing information once it's out in the wild on the internet, as well as a growing feeling, especially among those who live their lives online and hide very little about themselves from anyone who cares enough to look, almost no actual attention has been paid to the details of the cases themselves, the way the tabloids have personally fought the injunctions, or indeed to just how open they've been about why they really want to return the the height of "bonk" journalism as practised back in the late 80s.

Indeed, just how limited the general debate has been was showcased on Newsnight on Friday, where Hugh Grant and Charlotte Harris faced off against Helen Wood and Fraser Nelson. Grant, fresh from bugging a News of the World journalist, came across exactly you suspect as the tabloids would like: outraged that anyone should know absolutely anything about him without his express permission. Much as I find the argument that if you don't want to end up on the front page of a newspaper you shouldn't sleep with prostitutes to be self-serving in the extreme, Grant did his best to prove it, arrogant throughout while attempting at times to play the victim, demanding Nelson to condemn certain practices which he had never condoned. Charlotte Harris, who must be much more convincing in court than she has been in any of her innumerable television appearances, gave her questionable and limited legal analysis, while Fraser Nelson, who despite always looking incredibly pleased with himself seemed to be ignorant of many of the details of the recent cases. Then there was Wood, called on just twice during the entire programme, who looked distinctly uncomfortable throughout.

She wasn't helped by a quite incredible second report from Kate Williams, which happily alleged that injunctions were returning us to the Victorian era where rich men could do as they please and the women were left voiceless, as it galloped through over a century of sexual history in a couple of minutes.
Solipsistic doesn't quite adequately describe it, and poor old Helen was so confused that she clearly hadn't quite grasped what the sexual revolution was when asked whether it had worked for her. Considering she was on Newsnight talking about working as a high class escort, and indeed has been paid a considerable sum having sold her story vis-a-vis Wayne Rooney, even if she can't identify another "high profile" male she performed sex acts on, it's hardly resulted in her penury and exclusion from society, referred to as a tart and hooker in the same press she made a deal with or not.

Just how potentially misled we've been by the self-serving reports in the tabloids, gobbled up and regurgitated whole by the rest of the media is demonstrated by the interim judgement in the case involving Imogen Thomas and the anonymous, although widely named footballer. Contrary to Thomas's (literal) sob story of how her name's been run through the mud despite not ever wanting to sell her story, Mr Justice Eady relates the footballer's side of events. According to him, the whole thing appears to have been a set-up between her and the Sun, where she demanded to meet the player on two separate occasions at different hotels, both times asking for money with the obvious implicit threat being that otherwise she'd sell her story. Each time it seems the paper was waiting to take pictures of their arrivals: if the player paid up, then she got her money and the paper still had the story with no evidence that Thomas herself had been involved; if he didn't, then she would presumably have been reimbursed by the Sun. The footballer additionally says that rather than the six-month long relationship Thomas claims, they had only met three times between September and December last year. While that hasn't been contradicted by Thomas's representatives, she did later deny that she'd either asked for money or had "caused" the Sun's initial report last month.

While Eady is only presenting the case as it currently stands before any trial, the footballer's side of the story is all too plausible. It also fits with the pattern that rather than most of the injunctions being issued after individuals getting wind of a story or being contacted prior to publication, there is often also an element of blackmail involved, as there was in the controversial ruling where Eady issued a contra mundum injunction, as well as in that involving Zac Goldsmith. Eady, clearly at pains, goes on to point out despite much of the comment that the current process has been built around two major rulings by the House of the Lords, with four even more recent cases where the Lords refused permission to appeal (paragraph 21). Moreover, as he writes, in cases where blackmail is either alleged or where it looks to have conceivably been involved, anonymity has been previously given as a "matter of public policy". It's only now, when all the details have not even begun to be made public that this has been questioned.

Damningly, as Eady goes on, the Sun's representatives didn't even attempt to argue that any story would be in the public interest. Instead they simply claimed that Thomas's rights to freedom of expression under Article 10 of the European Convention on Human Rights were being denied by the footballer's "reasonable expectation of privacy". Worth quoting in full are the two final paragraphs of his ruling:


On the evidence before me, as at 14 and 20 April, I formed the view that the Claimant would be "likely" to obtain a permanent injunction at trial, if the matter goes that far. As I have said, it remains uncontradicted. The information is such that he is still entitled to a "reasonable expectation of privacy" and no countervailing argument has been advanced to suggest that the Article 10 rights of the Defendants, or indeed of anyone else, should prevail. There is certainly no suggestion of any legitimate public interest in publishing such material.

Moreover, in so far as Ms Thomas wishes to exercise her Article 10 right by selling her life story, she is entitled to do so, but only subject to the qualification that she is not thereby relieved of any obligation of confidence she may owe, or free to intrude upon the privacy rights of others: see e.g. McKennitt v Ash, cited above, at [28]-[32] and [50]-[51]. In so far as there are any conflicts of evidence or of recollection between her and the Claimant, it will be for the court to resolve them at the appropriate time. I will discuss with counsel whether it would be appropriate to order a speedy trial for that purpose.

This more than rebuts Thomas's claim afterward that she was being denied the opportunity to defend herself: if she wishes at length to contradict the footballer's version of events, then she can and hopefully will, albeit without naming him.

If this latest ruling were the exception to the rule, then the campaign waged over the past few weeks would be worthy of support. As previously argued, some injunctions have been questionable in their sweeping nature, but far too often as the Guardian pointed out they've been confused with our libel laws, which are currently under review. Despite having emitted such sound and fury, in many of the cases the tabloids don't even pretend that the public interest will be genuinely served by their serving up of the celebrity shags of the week; instead they make the highly dubious argument that it's such sensationalism and gossip that has enabled them to provide other journalism and campaigns which have benefited the wider public. Deprived of them, they'd wither on the vine and die, especially now as the internet has so eaten into their market.

Even in this time of declining circulations, the Mail sells over 2 million copies a day while the Sun clocks in at just under 3 million. Neither have suffered the massive falls of their competitors, and both will continue to be printed for a long time to come. They might fear the effect of kiss 'n' tells being completely choked off, yet even under the most extreme reading of Eady's latest ruling it seems laughable that every z-list celeb will be lining up for an injunction to cover up their dalliances. As morally (and hypocritically) outraged as the tabloid editors and long-time hacks undoubtedly are by the turn of events, it's cover as much over the phone-hacking scandal as it is an attempt to provoke David Cameron into doing something about it. What's more, the ultimate victory has been in making everyone delve into this world of who's shagging who, to make those of us who'd rather just let them get on with it have to dive into the depths of the "privacy" debate. Where Orwell once wrote of the decline of the English murder, so too they want to forestall the decline of the English affair, and they'll try everything in their power to do so.

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Tuesday, May 10, 2011 

Injunction hysteria and the failure of Max Mosley.

It's difficult to shake the feeling that this week's latest outburst of injunction outrage on the behalf of the tabloids and certain sections of what was once the broadsheet press wasn't so much to do with the mysterious InjunctionSuper tweeter (twatterer?), although they provided the excuse to clear the front pages, and much more to do with the fear that Max Mosley would triumph with his case at the European Court of Human Rights. Having so firmly established that philanderers and blackguards are effectively subverting democracy itself by stopping the popular press from reporting on their exploits, had Mosley won we would now be drowning in a veritable sea of anti-European, anti-liberal, anti-'uman rites venom, the death knell of the British media as we currently know it all having been all but sounded by an unelected elite sitting in judgement from afar.

Happily, and just to confound the caricature of the judges in Strasbourg as often depicted as interfering, foreign lunatics and incompetents, they quite rightly decided that Mosley's Article 8 rights had not been breached by this country lacking a mechanism through which newspapers must inform prior to publication those individuals they plan to run an expose or similar about. This wasn't because in Mosley's personal case there hadn't been a quite despicable breach of privacy, it was more that the circumstances were something approaching unique. As Justice Eady made clear in his ruling back in 2008, the supposed "Nazi element" of Mosley's spanking orgy was a construct aimed at giving the story a public interest defence, even while he accepted that the paper's editor and Neville Thurlbeck thought there was such a flavour, not least because they saw what they wanted to see. Had the paper simply gone with the spanking story and informed Mosley prior to going to press, an injunction would almost certainly have been granted had he taken legal action. Relying instead as the paper did on the story being totally in the public interest as it exposed the son of the fascist leader Oswald Mosley involved in sadomasochism with Nazi overtones, the ECHR's reasoning is that even if there had been a stricture where the press have to inform those they intend to write about he would have been unlikely to fall under its terms.

The Guardian, which while not exactly rallying to the side of the tabloids has been quietly concerned over the recent supposed spike in injunctions, made a third-party submission to the court which made the obvious argument against just such a requirement as Mosley was asking for: that rather than covering only cases where personal privacy was involved, it would apply across the board. While it's mainly standard journalistic practice to inform individuals or companies that they're about to have a report on them published, not least to give them an opportunity to comment, the Trafigura scandal makes plain just how some will seek to have the most destructive, illegal behaviour swept under the carpet. The ECHR in its conclusion made clear that what Mosley was asking for has the potential to have a "chilling effect" on the right to freedom of expression. Along with doubts over just how effective it would be and how such a "public interest" mechanism would work, there was really no other option than for the court to make clear Article 8 does not demand a legally binding pre-notification requirement.

There is no doubting however just how successful the tabloids have been in turning their woes into a matter of seeming immediate national importance. Away from the very few number of cases where the granting of an injunction has been questionable, or where the terms have been arguably far too broad, most have just been typical tabloid tales where the person involved is as much being humiliated and embarrassed because of their fame rather than down to the heinousness of their actions.

Take for example the supposed "world famous" actor, who if he is who we're led to believe I had never heard of before (he's not Ewan McGregor, despite initial rumours) and his dalliance with Helen Wood, the sex worker who did a number on Wayne Rooney. One of his pleasures apparently, again for the reason that we don't unequivocally know, involved a dildo being "used" on him. Such a detail, while not exactly out of the ordinary, is the kind of fact that people remember and snigger about. It is the sort of thing that leads to children and relations being bullied and similarly humiliated. This person is not any kind of direct role model to children, as the tabloids claim footballers and other prominent stars are, nor does he make money out of selling his image as such. He's simply a man who because of his acting work is considered fair game and is grist to the mill. As prostitution itself is not illegal (soliciting is) he's committed no crime other than one of stupidity. There is no public interest in him being exposed in such a way, yet we apparently "know" about it regardless of the injunction.

Let's not pretend either that Twitter, blogging, social networking or the internet on their own make such injunctions and potentially a privacy law untenable and unenforceable, as has been claimed. The rumours about the applicants all have to begin somewhere, and it's more than fair to say that the newspapers themselves have been getting incredibly close to breaching them on their own, dropping almost excessive hints in some cases. Private Eye, which always faces both ways when it comes to the tabloids and their obsession with the sex lives of the rich and the famous ran a "lookalike" in its last issue in which Wayne Rooney was compared with the man alluded to above. Elsewhere it all but named the footballer involved with Imogen Thomas, while reiterating how the papers had covered the injunction involving the TV man who had an affair with a co-star, described more than once as "shameless".

What is apparent is that even if they end up not being able to publish a story which might shift a few extra papers, the tabloids seem to be determined that it gets out there somehow. As some predict, this latest outbreak of belly-aching about how unfair it is not to be able to ruin lives will probably peter out. No one seriously expects the government, even this one, to legislate, not least because it would have to almost certainly draw up some privacy protections which the tabloids would complain bitterly about even while removing the wider threat to their profit model. Judges will continue to cop the flak for making nuanced decisions which politicians are too cowardly to get involved with. Who though could possibly blame them when we have such a wonderful, law-abiding media?

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Thursday, April 21, 2011 

Playing the victim in the privacy wars.

Whenever the tabloids start to play the victim, it ought to be apparent that there's something far more vital at stake than the freedom of the press: that other enduring freedom, to make money out of the misery of other people. If you've been cynical enough to think there might be something else afoot that's encouraged the so-called popular press to spend much of this week complaining bitterly about how they're not being allowed to continue to focus on shag 'n' tell journalism to the detriment of everything else, then you'd be right. Even if the phone-hacking scandal hasn't (yet) touched any other newspaper than the ever egregious News of the Screws, they know full well that the longer it rumbles on the more likely the same celebrities and politicos now demanding recompense from Murdoch's minions will turn their attention onto them. Why else after all would they have done so much to either ignore or play down the NotW's sad troubles with the Metropolitan police if they didn't themselves know there would be be similar discoveries if their own email records were exposed to the same intimate attention? It certainly isn't the old Fleet Street spirit of solidarity, of dog not eating dog, which has always been something of a myth.

Anything then to deflect from how so much of tabloid journalism is currently under scrutiny. Politically wise or not, considering the potential for revenge to be taken in the most damaging of ways, Ed Miliband's call for an independent review of the Press Complaints Commission and newspaper practices once the police investigation into the Screws has finished was both brave and welcome. It must have also been alarming to tabloid editors and their owners, not so much because they fear such an inquiry taking place, something doubtful to happen when the levels of mutual sycophancy between themselves and David Cameron are still high, more because it's a sign of just how precarious their craft is becoming that any front line politician feels bold enough to call for something they would have usually not touched with the proverbial ten-foot barge pole.

The resurrection of the issue of super-injunctions for mostly specious reasons should be reasonably apparent due to how the cases the tabloids are complaining about are err, not super-injunctions, otherwise they wouldn't be able to complain about them at all, as they're meant to ban the press from even mentioning they've been gagged. Instead the courts have recently favoured the slightly subtler form of injunction which allows the media to make clear that they've been stopped from printing a story, and even to go into some of the relevant details which could potentially identify those involved. Hence we know a married footballer has stopped the press from splashing on his affair with the fragrant Imogen Thomas, a former Big Brother contestant who's made her living since appearing on the show by exposing her plastic breasts for money, while a "world famous" actor who paid for some sort of sexual activity with the equally lovely Helen Wood, an escort universally known in the gutter press as ROONEY TART/HOOKER for her past dalliance with the Manchester United striker has also been saved from the ignominy of having his poor taste in sex workers revealed.

Justifications for informing the world that famous people tend to be just as human as the rest of us range from the moralistic, such as Paul Dacre's notable attack on Mr Justice Eady for stopping newspapers reporting on the "unimaginable depravity" of the likes of Max Mosley, to how it enables superstars to continue to present themselves as role models to the young while profiting from it through marketing deals, all the way along to the usual press freedom arguments. Others still are now pointing to how unfair it is on the women involved that they can't either protect themselves or sell their stories, as if the likes of Imogen Thomas or Wood are somehow damaged further having usually informed the media in the first place. Excepting Wood, it also ignores their own responsibility for involvement in the affair, even if their identities don't always stay hidden. In a recent case the News of the World had intended to claim that a television presenter had been sacked after the fellow host she had conducted an affair with had requested the break up of their partnership, only for her to support the seeking of the injunction.

It would be much easier to respect the principle of "publish and be damned" if the stories the media does manage to get into the papers were reported accurately. Not content with the already sensational likes of Mosley conducting spanking sessions with dominatrices, the Screws had to sex it up further (arguably to give it something resembling a public interest defence) to Mosley having a Nazi orgy. The John Terry saga of last year took on a rather different air when the quietly determined Vanessa Perroncel managed to extract apologies from both Sunday newspapers involved, more than suggesting that the claims of an affair between the two were inaccurate. Terry has since been restored to the England captaincy, the role he lost after the tabloids called for him to lose it following his "infidelity".

This isn't to suggest there aren't potential problems ahead should the law be more contentiously interpreted by judges. A judgement published yesterday by Justice Eady seems to go a step further than anything so far: in a case he describes as an example of "straightforward and blatant blackmail", he imposed a contra mundum injunction, forbidding not just the national but worldwide media from identifying those involved. These have only formerly been issued in cases where those seeking them were not just at risk of having their right to privacy under the European Convention of Human Rights breached, but their article 2 and 3 rights also; John Venables and Robert Thompson, the killers of James Bulger had their new identities protected in such a way, as did Mary Bell. Regardless of the solid medical evidence suggesting the health, including the mental health of those involved has been affected, this could well be a step too far: it's one thing to protect those who have committed terrible crimes as children from being hounded for the rest of their lives or even killed by banning the publication of their whereabouts and names; it's quite another to do so over a case which involves "intimate photographs and other information". Moreover, it's bound to lay down the gauntlet to media outlets overseas who've graciously respected the past rulings who will be far less likely to do so when the stakes are nowhere near as high; and after all, what exactly can they be threatened with which might make them think twice before doing so?

Despite David Cameron today voicing his "unease" over the recent injunctions, it's still manifest that judges are not making the law, merely interpreting it as best they can and following rulings
which have set precedents, usually delivered either by the highest court here or by the ECHR. It's also clear that politicians still seem unlikely to be willing to get involved in something which will mean them rather than judges deciding on how to balance the competing rights of privacy and freedom of the press, whether or not they have the tabloids screaming at them to do something or not: in this instance there seems to be too much to lose either way. Having spent so long complaining about vested interests and their role in British life, it's would be nice if the tabloids recognised theirs in preferring exposure over privacy. It's only when it comes to their own newsrooms that they opt for the latter.

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Tuesday, February 01, 2011 

Scum-watch: A charter for bullshit.

It's a relatively rare occurrence for any newspaper to move its main editorial, the thundering voice of its authority, onto its front page. Those who've mercifully missed seeing today's Sun might well then be surprised to learn that it chose today to do just that, even if it wasn't the paper's main story. Has the paper weighed in on the turmoil in Egypt, calling on the hated Hosni Mubarak to go, Rupert Murdoch being a long noted advocate of freedom and democracy? Or has it instead passed comment on a topic much closer to the paper's heart, the latest profligacy and avarice being displayed by some of the nation's football clubs?

The answer is neither of these things. No, something much more important is occupying the attention of the Sun's leader writer, and that is of course something affecting the Sun itself first and foremost. Yesterday the Court of Appeal ruled that a sportsman granted an injunction preventing the publication of allegations against him could remain anonymous while the outline of what he was accused of, without naming those involved, could be reported. This overturned a ruling that had previously reached the opposite conclusion: that the sportsman could be named but the allegations against him could not.

For those of you still awake, fascinated as you doubtless are by the legal ramifications of yet another asinine legal battle between a footballer accused of cheating and a tabloid barred from splashing on the juicy detail, it's understandable why the Sun and tabloids in general are so angered by the ruling, especially as it looks as if it could become key in the emerging case law surrounding super injunctions and the balancing of articles 8 (right to privacy and family life) and 10 (right to freedom of expression) of the Human Rights Act against one another, although not for the reasons the Sun disingenuously expounds, which we'll come to. While the name of someone alleged to have done something wrong can sell newspapers or bring in hits, even if what he or she's accused of isn't allowed to be discussed, that's not so much the case where the details can be alluded to in outline but the name itself has to stay secret. Anyone can have had an affair or slept around while in an apparently happy relationship, and many do; it's only when the names come out that anyone really becomes interested, or at least pruriently interested, which is essential to understanding the entire thing.

The real reason why the tabloids were opposed since the outset to the insertion of the European Convention on Human Rights into British law was that Article 8 had the potential to undermine a substantial part of their business model: the exposure of petty philandering and kiss 'n' tells. And so it hasn't really come to pass. As the last few years has shown, just as some celebrities and sports personalities have been able to stop the tabloids from splashing on their sexual escapades, others have not been so lucky. The Sun's attempt to frame this latest ruling as a "major blow to freedom of speech" is nonsense: it changes nothing on the actual score of the press being stopped from reporting on infidelity in general.

Instead it pounces on one of the very particular details to this latest case. JIH, as we can only refer to him, had already been caught with his trousers down once by the press, with the story appearing without him becoming aware of it beforehand or being warned by the newspaper. He did however get wind that another woman he is alleged to have had an affair with, referred to in the ruling as "ZZ", was about to sell her story to the News of the World, prompting him to take out an injunction. It's worth noting that this entire series of appeals concerning what could and could not be reported about the injunction stems from the initial agreement reached between JIH and News Group Newspapers (the parent company of the Sun and News of the World) which was in fact more restrictive than either that reached by the High Court or the Appeal Court yesterday, as neither the details nor JIH's name could be published. It was the High Court judge who felt he couldn't agree with that, as it took no account of the rights of the public. Unless that was a ploy on the part of NGN's lawyers, they were prepared to deny the public any right to know, something they're now pretending is what they've cared about all along.

In his judgement, the master of the rolls Lord Neuberger decided that the fact JIH had previously been exposed was crucial to the case, for the reasons he sets out:

In this case, I consider that the crucial factor is the previous story about JIH's alleged liaison with YY, which had already been published, without JIH's prior knowledge or permission. That earlier story involved a very similar allegation about JIH to that which NGN was proposing to publish as a result of ZZ's allegations. If we permitted JIH's identity to be revealed without permitting the nature of the information of which he is seeking to restrain to be published, then it would nonetheless be relatively easy for the media and members of the public to deduce the nature of that information: it would be a classic, if not very difficult, jigsaw exercise. It is true that the very fact that this decision means that we are revealing that JIH is a person about whose alleged sexual activity a previous story has been published, and that this will immediately narrow the field for those seeking to identify him, but, in my view, that point is of limited force: there have been quite a few stories of this nature relating to different well known people published in the printed and electronic media in the past two or three years.

This is definitely the case: while there's been the usual speculation you'd expect, no one seems to definitively know who JIH is despite the fact that he's been exposed before narrows it down slightly. Clutching at straws as ever, the Sun has turned this round, both in its article and leader to suggest that this in effect creates a "cheater's charter", whereby those previously ratted out or shown up have more protection than those who haven't. As Edward Craven points out in a excellent analysis of the ruling, this isn't necessarily true:

However the “efflorescence of anonymity orders” (to use the words of Lord Rodger) and the fundamentally fact-sensitive nature of the issue make further litigation inevitable. This is a contentious and rapidly evolving area of the law where important matters of principle frequently collide. Judges, journalists and lawyers should therefore expect further debate and discussion in the coming months.

Moreover, the Sun's claim in the article that the public are being prevented from receiving information that is true is also dubious to put it mildly. While it doesn't seem the case that JIH has attempted to sue regarding the first reports of his infidelity, he wasn't given any opportunity to respond to the allegations prior to their publication. That he did take one out when he became of the second set more than suggests that he contests their veracity.

The language used in the Sun's leader (reproduced in full at the end of this post) is incredibly hyperbolic even by the standards of tabloid editorials dealing with privacy. The ruling stands "morality on its head", "licences depravity" and through the culture of secrecy it promotes "undermines public life by allowing vice and hypocrisy to flourish". While it reminds of Paul Dacre's verdict on Max Mosley's spanking sessions, which he decided constituted "unimaginable depravity", the only real public interest defence which the Sun can point to is that the "public [have a] right to know the truth about celebrities who hide shameful secrets behind a hypocritical veneer of respectability." The problem is that even as the public continues to consume such tales of depravity and vice, they no longer seem to care about those involved unless it breaks a specific subset of laws. A case in point is Wayne Rooney, who last year was not only exposed for a second time as cheating on his wife with a prostitute, but who also shortly afterwards got a huge pay increase after he threatened to leave Manchester United. He might have been criticised in the short term, but the club's fans still chant his name with the same passion as they always have.

The Sun's argument would also have more force if those the tabloids have previously exposed had definitively been involved in such behaviour. Last year, months after John Terry lost the captaincy of England over his apparent affair with the girlfriend of a team-mate, a number of papers quietly apologised to Vanessa Peroncell over their coverage, more than suggesting that the allegations were in fact far from the truth. Similarly, its claims that it creates two-tier justice is laughable: exactly how many of those without fame or fortune are exposed in the national press over their sexual exploits, without first making themselves known in some way to the media? The resort to the slippery slope argument, that tomorrow it could be a cheating politician who attempts to protect the public becoming aware of their antics is also clutching at straws: not only as affairs in politics have long ago became "private matters" until they start affecting the way ministers do their jobs, but because those in government have never before resorted to the law to prevent such revelations, and show no indication of doing so now. What it comes down to beneath all the bluster is, as it always has been, pure financial self-interest, and the irony is that as personal privacy in the digital age becomes ever more confused and broken down, that has never been more apparent.

*The Sun's leader in full follows:

THE more a cheating celebrity drops his trousers, the more the law will cover up for him.

That is the disgraceful outcome of yesterday's Appeal Court ruling allowing a well-known sportsman accused of cheating on his partner with two different women to keep his identity secret.

This "Cheats' Charter" is a terrible blow to the public's right to know the truth about celebrities who hide shameful secrets behind a hypocritical veneer of respectability.

Showbiz personalities, sports stars and politicians now have an incentive to carry on betraying their partners - because the more they do it, the more courts protect their identities.

It also creates two-tier justice. If you can afford top lawyers you can buy secrecy denied to others.

Yesterday was the day Britain became a judicial banana republic.

The nation that created the rule of law bent its knee to a sportsman who fornicates his way through life like a dung hill rooster.

This wrong ruling stands morality on its head. It licences depravity.

Along with the rise of the superinjunction, this is another alarming step towards secret justice.

Superinjunctions are court orders sought by the rich and famous to gag newspapers. They are so strict papers cannot even tell their readers a superinjunction has been granted.

This culture of secrecy undermines public life by allowing vice and hypocrisy to flourish while papers are powerless to expose it.

It speaks volumes that Westminster stands by as Press freedom is eroded.

European privacy rulings, used abroad to provide cover for corrupt public figures, are being brought in through the back door.

Today it is a cheating sports star hiding behind anonymity. Tomorrow it could be a cheating politician.

It is vital for democracy we know the names of those who go to court to have newspapers silenced.

Once a nation starts down the road to secret justice, there is no telling where it will end.

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Thursday, April 29, 2010 

Scum-watch: Tits out for the Human Rights Act!

It's long been clear that far from opposing the Human Rights Act because it's either a criminals or terrorists' charter as it has repeatedly claimed, the real reason for the Sun's antipathy for the HRA has been down to its potential to affect the paper's, and indeed the entire tabloid media's business model through Article 8 and how those clauses have been subsequently interpreted by judges.

Even while it's been their excesses and lies that have repeatedly resulted in their appearances in the courts, the Sun and its parent company News International have despite loathing it, always been prepared to use the HRA for their own hypocritical ends. The Times was in fact the very first to test it out after it was enshrined in UK law, a case which it won. More recently the highly esteemed chief lawyer for the News of the World Tom Crone objected bitterly to Tom Watson appearing on the culture, media and sport committee grilling the NotW over the phone-hacking at the paper because of a then on-going libel battle between him and the Sun, claiming that the HRA precluded him from appearing. And today, finally, the paper's biggest assets made clear how the HRA meant they had to be seen if not heard:


That's right, the HRA means that page 3 girls have the right to get their tits out and there's nothing that those interfering politicians can do about it! The same "hated" piece of legislation leading to
"madness that is horrifying the country" is according to the four brains on display the only thing that stands between them and their being forced to put some clothes on! Can't these young women see that the HRA is an existential threat to the paper? Don't they know how it puts the rights of criminals above those of victims? How could they possibly defend a piece of legislation that the Conservatives are committed to repealing? Are the Tories going to put in their British Bill of Rights (sic) a specific clause which means that no spoilsport politician will ever be able to stop glamour models from expressing themselves in the only way they know how? It's the ultimate terrifying vista of a hung parliament; no more breasts in a newspaper. How will the Sun ever be able to balance its opposition to the HRA now?

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Tuesday, June 16, 2009 

The exposure of NightJack and a potential disaster for blogging and journalism.

The decision by the Times to "out" NightJack, and Justice Eady's corresponding ruling that bloggers have no right to anonymity must rank as one of the most short-sighted and potentially damaging to journalism episodes in quite some time.

Quite why the Times took it upon itself to discover the true identity of the winner of this year's Orwell prize for blogging is itself a mystery. Its justifications, such as they are, that he revealed details about cases and gave tips on how to evade justice, are pitiful. NightJack had done nothing to attract attention to himself other than presumably putting himself forward for the Orwell prize, and the fact that he could write to such an ability that he pulled in readers who admired his ability to analyse both his job, the politics surrounding it and the social problems which he had to deal with. NightJack had actually stopped blogging shortly before he won the Orwell prize, and had put his sights on writing a novel, rather than bringing out a book of the best of the blog, for which he had presumably had numerous offers. He didn't even turn up to receive the prize, as someone wanting to remain anonymous would never have done, and had also undoubtedly not economically benefited from his writing.

It would be tempting to put down the reason for the Times exposing Nightjack as simple jealousy that they didn't have a writer of such calibre prepared to put pen to paper for them, yet the Times has been one of the few newspapers that have given space to reasonably well-known bloggers to write original pieces for it. Likewise, the smug neo-con Oliver Kamm was taken on by the paper and is now one of its leader writers as a direct result of his stultifying blogging and obsession with attacking Noam Chomsky. Quite rightly, others have remembered how the Sunday Times treated the Girl With a One Track Mind, the sex blogger who was outed in a fashion which would have shamed the tabloids. It isn't an exact comparison, as Zoe Margolis had just published a book of her blog and didn't write about anything as high-minded as Nightjack, preferring to detail her tedious sex life in a pseudo-intellectual style, but it seems to have been a portent of what was to come.

The main reason though for why this is such an ill wind for journalism as a whole is the implications it has for whistleblowing, which if the Times had stopped to consider for a second it would have surely noted. Eady has in effect ruled that anyone in the public services who wants to bring attention to something which they think is a cause for concern, but which by doing so they would breach "discipline regulations" has no right to protection. Arguably, Nightjack was not performing such a public service in his writing, but this surely still has a potentially chilling effect for those who do. In fact, what this ruling seems to do is ensure that those who do want to whistleblow will have to go to publications like the Times for protection; if they do it themselves through blogging then newspapers have a justification for uncovering their true identity.

Newspapers concerned with the protection of their sources will be deeply worried by this ruling. If Nightjack has no right to privacy, then just who does? According to the Times' analysis, Eady based part of his decision on the previous ruling concerning George Galloway's exposure of Mazher Mahmood, a battle which this blog was involved in. Ironically, it was then the Times' sister publication which was fighting against their top reporter having his cover blown, but the two cases are surely completely different. Mahmood was a journalist who had ruined people's lives and had arguably been involved in entrapping individuals to develop his stories. When he himself failed to entrap Galloway in a similar fashion, he reacted to the publication of two grainy, unclear photographs in a ridiculous fashion, claiming it put his life in danger, something which was treated with short shrift. Mahmood was a hypocrite; Nightjack is not, and was not exposing anyone.

Just how potentially damaging this ruling could be is illustrated by the current battle going on in Northern Ireland, where the Sunday Tribune journalist Suzanne Breen has been defending herself against attempts by the police service of the province to obtain the identity of her sources, who informed her that the Real IRA had claimed responsibility for the murder of two soldiers outside Massereene barracks in Antrim in March. Unlike Mahmood, Breen's life almost certainly would be threatened should her source be revealed, yet that hasn't stopped the police from treating her life with such apparent contempt. Less seriously, this surely also threatens journalists who write under pseudonyms, something which the Times has again also overlooked; why should they be protected when bloggers aren't?

Furthermore, isn't the current situation in Iran, where those trying to let the world know what is happen are having to resort to Twatter further evidence of how dangerous this ruling is? According to Eady, those doing so are indulging in public activity where they have no right to anonymity, the kind of idea that would delight totalitarian regimes everywhere. Similarly, newspapers would be outraged were the government to do what the Times has just done, demanding that they reveal the source for sensitive articles, claiming it would be a threat to press freedom. It turns out that all the Times and News International care about is their own self-interest, which rather undermines their repeated past criticisms of Eady and the Human Rights Act for establishing a privacy law by stealth. It seems that celebrities are protected, while everyone else is fair game. The Times may yet come to regret their supreme selfishness and lack of dedication to protecting sources bitterly.

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Tuesday, January 27, 2009 

A night to dismember.

Billed as her first major speech in six years, or rather appearance, as the Sun's editor, Rebekah Wade, is notoriously shy of the limelight, the invitation for her to deliver this year's Hugh Cudlipp lecture was a curious one. Although the press is too coy to mention it, the real reason why Wade has not defended her newspaper in person when controversy has surrounded it, instead sending out Grahan Dudman to do it, is for fear that she'd embarrass herself, as she did when she rather unfortunately told the truth to a parliamentary committee by saying that her paper paid the police for information. Then there was of course her arrest and night spent in the cells for whacking her then husband, Ross Kemp, after a night on the booze. Again, interestingly, most of the media connived to cover up her split from Kemp, with Private Eye reporting that Les Hinton had phoned round the papers pleading with them not to report on it. For an editor whom in her speech defends vigorously the right to print whatever the hell she likes about those supposedly in the public eye, this strikes as rather hypocritical behaviour.

There is perhaps though another reason why Wade has not ventured into the public gaze for the past few years, which quickly becomes apparent when you read the actual content of her speech: she has nothing of any great interest to say. You don't need to be an intellectual to edit an newspaper, and Wade is probably excellent at what she does, but an orator or a debater she is obviously not. Compared to Paul Dacre, who likewise is supposedly shy of the limelight, his speeches, which included the very same lecture a couple of years back, are furious and infuriating by equal measure. He might be completely wrong, and arrogant and insulting with it, but he can argue his point well enough. Wade however lacks the courage or self-belief to adequately cover the contradictions throughout, leaving gaping holes in her material.

She might well have been then as Roy Greenslade suggests, charming in person, but none of that comes across in the somewhat disjointed full text offered by both the Guardian and the Press Gazette. Starting on somewhat surer ground, she illustrates that those cutting costs without reinvesting the savings back into journalism itself are the ones that are losing the most sales. Unsurprisingly, the Mirror and the Daily Star are the ones that have lost the most sales over the past year. Even this though leaves out some other much needed explanatory detail: Wade doesn't mention that her own paper has reignited the vicious price war, with the paper selling for just 20p across London and the south-east. As has been noted time and again, because of Murdoch's other vast interests, he can afford to do so; his competitors simply can't, and attempting to compete is beyond stupid. Naturally, Richard Desmond has therefore slashed the cost of the Star to... 20p. Although December is always a quiet month for newspapers sales, the Sun fell below 3 million last month, just as it did in 2007. Across the board though all of the tabloids are declining, and falling at far faster rates than their broadsheets rivals and sisters. It indicates the inevitable: that as the internet increasingly takes over as the main source for the celeb tittle-tattle, scandal-mongering and populist wittering which they specialise in, the tabloids are facing the end of their business models. The broadsheets, by contrast, although still giving away their content, can survive thanks to their quality and reader dedication, which simply isn't there among the red-tops and middle-market.

Wade's rallying cry then, that it will be "the quality of our journalism [that] makes or breaks our industry, not the recession", is one of those statements that makes you wonder if she really knows what she's saying. Just the recent Glen Jenvey incident, when the paper splashed on a complete untrue concocted story which accused completely innocent Muslims of being extremists, shows how much it cares about accuracy. It's no surprise to learn that a new poll found that only 19% of those questioned in this country had trust in newspapers. This is a direct consequence of the tabloids' often irresponsible and downright untrue journalism, which unfairly infects opinion of other newspapers and broadcasters, yet still editors like Dacre and Wade defend their "quality" despite its effects.

Wade's second theme, campaigning journalism, offers us her insight into both the recent Baby P affair and the more notorious "naming and shaming" of paedophiles she directed while editor of the News of the World, but first she mentions the paper's continuing support for the Help for Heroes charity, including her own trip to a base in Helmand. She describes a warm welcome and how everyone was wearing the wristbands, but this jars somewhat with the far more cynical views of the newspaper on the Army Reserve Rumour Service message board in response to the paper's Military Awards, which Wade also mentions, and which readers themselves also seemed less than overwhelmed with. She takes credit for the increasing support for the army and turnout at parades, without providing any evidence whatsoever that it was the Sun "wot did it". Similarly, while she calls for more reporting of the war in Afghanistan, she doesn't mention that her paper's own coverage of it never for so much of a second doubts that it's for a good cause or that the battle is being won. Whenever the topic is discussed in the paper's leader column, it inevitably turns to the argument that fighting the Taliban makes us safer, when again there is evidence to suggest the opposite is the case. Blind loyalty is all that it has to offer, when constructive criticism is always the best policy.

Moving on to Sarah's law, what becomes clear is Wade's utter refusal to take responsibility, both for her own actions, and also for the actions of those who read her newspaper and decide to take the law into their own hands. Illuminating firstly is that it came about after she arrived unannounced on Sara Payne's doorstep; not apparently concerned about whether either she or her husband were in a fit state to be interviewed, or to set in motion what became a crusade which if implemented would most likely have the opposite effect to that which is intended, Wade immediately had her witch-hunt. Her own contempt for the truth is also apparent when she castigates the other media for its reporting of what happened on one Portsmouth estate:

Parts of the media went on the attack with a blatant disregard for the facts of the campaign or more importantly their readers’ opinions on the matter.

After we published the first list, a group of mothers from an impoverished housing estate in Portsmouth took to the streets to protest. The BBC described them as ‘an angry lynch mob’.

What the BBC did not report was that the mothers had just discovered that Victor Burnett, a paedophile with 14 convictions for raping and abusing young boys between the ages of four and nine, had been rehoused amongst them unmonitored by the authorities.

Totally unaware of his background, the residents had complained for years about Burnett’s inappropriate behaviour towards their children but their voices, until then, had remained unheard.


How else should the media have described protests such as these, as reported by the Telegraph:

The torch paper was lit by the naming of Victor Burnett, a convicted serial child abuser, in the News of the World: he was a resident of Paulsgrove and was hounded from his home by a chanting mob. Events moved out of control: the rest of Britain looked on in horror and fascination as windows were smashed, cars burned, and angelic, banner-waving five-year-olds happily chanted words that sounded ugly falling from childish mouths. "Sex case, sex case. Hang 'em, hang 'em, hang 'em." Five families were moved from the estate: the police said that none had links with sex offences.

There was no evidence that Burnett had re-offended while on Paulsgrove, but at least he was correctly identified: others had their houses burgled, windows smashed and their cars set on fire. Wade calls the "naming and shaming" her responsibility, which it was. She however hides behind the readers themselves, critical of how others disregarded "readers' opinions", as if readers' opinions are always unimpeachable or always right. As Nick Davies pointed out in Flat Earth News, one of the rules of production is giving the readers what they want, but what
you think the readers want is not always the same thing. The key is that it's cheap, while challenging orthodoxy is expensive and unpredictable.

That Wade has no interest in the ultimate consequences of her own actions could not be more illustrated by the end result of the paper's Baby P campaign. Here's how she describes it:

Campaigns provide a unique connection to the public especially when the subject matter is of a serious nature.For me, nothing can illustrate this connection better than our recent Baby P campaign.

The public outcry was deafening. And we began our fight for justice with a determination to expose the lack of accountability and responsibility for Baby P’s brutal death.

We delivered 1.5 million signatures to Downing Street and the collective power worked.

Children’s Secretary Ed Balls was forced to use emergency legislation to ensure that those responsible were held to account. We received many many thousands of letters at The Sun about our Baby P coverage.

I’d like to read you one: ‘I have never been a huge fan of The Sun, however I thank you for the coverage of Baby P. I am so grateful for the campaign. This is not a modern day witch-hunt but a petition for justice. Please, please do not relent.'

In contrast, I’d like to quote from an article in... The Guardian.

“Full of fury and repellent hysteria, but isn’t that part of the game? This is less about the creation of public emotion and more about its manipulation."

This knee-jerk tabloid kicking reaction is just dull.

But total disregard and respect for public opinion never ceases to amaze me.

They demanded accountability.

And as a result of the campaign, some, just some, of those responsible were removed from office without compensation.

Or as this Sun reader wrote: ‘The tabloid press, which the arty-farty press like to look down on so much, has shown that it prides morality over political correctness.’


Again, there's the lack of evidence that Shoesmith and others wouldn't have been suspended or sacked if the Sun hadn't ran its campaign. Some sort of action was always going to be taken. Again, Wade hides behind supposed public opinion: it's what "they" want, not what she wants or what's good for Murdoch's bank balance. It's not about directing the blame onto other people because those actually responsible for Baby P's death couldn't be named and demonised themselves because the cogs of justice are still whirring in connected cases, it's about so-called justice, or even morality. The result? A new boss has been installed in Haringey, on double what Sharon Shoesmith was earning, while the borough is now so desperate for social workers that the head of the department made an appeal across London for some to be lent him. Children less safe, those who worked on the case who were already likely distraught had their lives ruined, and now the service, what's left of it, costs more. A more ringing endorsement of a Sun justice campaign could hardly be imagined, and yet still Wade feels fit to quote a reader who invokes morality. This so-called morality was presumably what lead the comment sections on the Sun's articles to be shut down, where previously already suicidal social workers had been encouraged to kill themselves. The only more immoral paper in this country is the Daily Mail.

Filled with such chutzpah, it's little wonder that Wade then goes on to make an even more outrageous statement, this time involving press freedom:

This country is full of regulators, lawyers and politicians eager to frame and implement legislation that would constrain freedoms hard won over centuries.

We are already losing those freedoms. Privacy legislation is being created by the drip, drip of case law in the High Court without any reference to parliament.


This from the editor of an newspaper which as the Heresiarch has already pointed out, has never so much as raised its voice once against this government's incessant attacks on civil liberties. In fact, on nearly every occasion it's supported them, whether it be ID cards, detention without trial or its constant bugbear, the Human Rights Act, which it opposed while the government introduced it. She's also completely wrong: parliament passed the HRA, which now so apparently threatens the tabloids' and their dying business model by potentially restricting the scandals they can report. This is also an issue on which public opinion is not necessarily on their side: few cared about Max Mosley, or even knew who he was until the News of the World exposed him while blackmailing the women who spanked him. The HRA doesn't affect real scandal, like the already monikered "Erminegate", which is why no one other than the tabloids and their editors care, and why the Guardian was completely right to print Mosley's own views on press freedom, which she criticises, no doubt intending to be humourous, as "self-flagellation". When she talks about quality, a old man being spanked by prostitutes is the sort of story she means.

Having regaled stories about how much the Sun listens to its readers, she concludes with a few questions which can be happily answered:

We need to ask ourselves: Can we unite to fight against a privacy law that has no place in a democracy?

Obviously not, as firstly there isn't one, isn't going to be one, and even if there was, it wouldn't be supported when it would only cover sex scandals involving celebrities. Next!

Can we agree that self-regulation is the best way to deal with the occasional excesses of a free press?

No, not when the regulator is completely toothless and cannot impose financial sanctions or front page apologies on newspapers when the "excesses" are serious enough, as they often are.

Can we have a press that has the courage and commitment to listen to and fight for its readers?

Not when no thought is put into whether the consequences of that courage and commitment will actually result in a positive outcome.

Can we survive this economic climate if we keep investment in journalism at the heart of what we do?

Not if what you call journalism is whatever's on the front page of tomorrow's Sun (Jade Goody and a footballer being interviewed about a rape).

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Tuesday, December 02, 2008 

Tracking tabloid hypocrisy.

The thing about arguing against the excesses of the gutter press is often that those they target are little more pleasant than the papers themselves. Even when you consider the utter hypocrisy of the tabloids attacking Paul Burrell for making money out of his relationship with Princess Diana, something they've been doing for over two decades, there's little doubt that going from the princess's rock to helming reality series' in the US and Australia and promoting "Royal Butler" wine is somewhat plumbing the depths. That doesn't however mean that you should be allowed to get away with printing such trash as "BURRELL: I HAD SEX WITH DIANA" by paying his brother-in-law to "remember" conversations they had 15 years ago, and then fail to allow the man himself to deny such scurrilous allegations.

Much the same is the case with another bastion of good taste, Simon Cowell. There's nothing quite like making a good amount of your yearly wage out of humiliating those who have the temerity to believe that they have something resembling a talent - which, after all, is conspicuous in its absence in Cowell himself. There has been at least one recent case of someone who auditioned in front of Cowell subsequently committing suicide, although the woman in that instance was apparently more "obsessed" with another female judge. Nonetheless, however much of an arrogant git Cowell might be, he has the right like everyone else to a private life. Hence the apparent revelation that a "tracking device" was attached to his car, in a letter sent around to media organisations by his lawyers Carter-Fuck, is another sign of the kind of desperation which is still afflicting the tabloids in the media environment.

Paul Dacre, of course, just a couple of weeks back told us that "[U]nder the auspices of PressBoF, we have produced a guidance note on DPA [Data Protection Act] that has been sent to every paper in Britain." Fat lot of good that obviously did. In the same speech Dacre boasted about how he, along with representatives from the Telegraph and News International had successfully lobbied the government to drop the threat of journalists being jailed for obtaining information via deception, i.e. using private detectives as almost all the press instutitions in this country had to get information from government databases. Tracking devices are just as illegal as getting the likes of Stephen Whittamore to break the law for you to track the activities of celebrities and their relatives. It would be nice for Paul Dacre to explain how the use of such a device would be in the public interest, and how and why the journalist responsible for attempting to spy on Cowell shouldn't lose his job as a result.

It is after all the same newspapers responsible for such intrusion into private lives that so rail against the state doing exactly that. The ones currently screaming blue murder over the arrest of Damian Green and how the arrest of an opposition politician means we are living in a police state, but who when not fulminating against the government think nothing of indulging in almost identical practices to that of the police and security services just to be able to be ahead of the game when it comes to the celebrity exclusives which in Dacre's terms now provide the press with the means to be able to report on politics at all. Take away the scandal, he more or less argued, and you can forget their contribution to our democracy entirely. Nick Davies in Flat Earth News (criticised by Dacre) argued that the Whittamore case had came very close to bringing down the entire edifice of the media's "dark arts", and that it was only continuing now under far more cover. Doubtless then the discovery of the "tracking device" on Cowell's car will probably give them further pause for thought, at least for a while. Then they'll be back to harassing celebrities for our amusement.

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Monday, November 10, 2008 

The Daily Mail in the flesh.

Andrew Neil once wrote that if you want to know what Rupert Murdoch thinks, you should read the Sun's editorials. Not the Times', the Sun's; Rupert doesn't really do subtlety. It's much the same with Paul Dacre. The Daily Mail after all couldn't really be a person writ large, could it? There's too many contradictions, too much foaming hatred, so much casual cynicism combined with values that went out with rationing. No one could be like that, could they?

Dacre's latest extended utterances prove drastically otherwise. Having previously, and somewhat hilariously, delivered the Cudlipp lecture, the late great editor that Dacre doesn't deserve to even lick the boots of, railing against the "subsidariat" and the BBC, he was given the lectern at the Society of Editors bash. Clocking in at just over 7,500 words, it covers more or less everything that Dacre and by extension the Daily Mail loathes. First though he goes through what originally inspired him:

Hugh Cudlipp’s “Publish and Be Damned”, and Arthur Christiansen’s “Headlines All My Life” were my much-thumbed bibles. All those glorious memoirs by James Cameron, that brilliant reporter, were my text books.

And yet you still turned into the man you are today.

Before we've even got anywhere, he's straight in with the out and out bullshit:

I am, however, delighted, over the years, to have made my own small contribution to the chattering classes’ dyspepsia with the Rothermere press – but then no day is too busy or too short not to find time to tweak the noses of the liberalocracy which effectively run Britain.



Ah yes, the "liberalocracy" which effectively runs Britain. Fact of the matter is, like with Murdoch, no government could ever be right-wing enough to satisfy Dacre or the Mail, just as there'll probably never be a government left-wing enough to satisfy me.

How Dacre became the man he is today:

At university, I edited the student newspaper. I’m afraid I took a product that looked like the then Times on Prozac and turned it into a raucous version of Cudlipp’s Mirror complete, I shudder to admit, with Page 3 girl students whom I dubbed “Leeds Lovelies”. 

We mounted an undercover investigation, complete with photographers, into seemingly respectable pubs that were putting on strip shows. Family entertainment it wasn’t.

His hypocrisy then was already fully in action. Leeds Lovelies on one page, investigation into strippers doing the same thing on the next. Brilliant!

Open sentimental twaddle about the old Sunday Express follows:

So what was the editorial formula identified originally by the brilliant Scottish editor John Gordon and followed with ruthless will by John Junor? Firstly, the paper never, ever, forgot who its readers were and what interested them and their families. Secondly, it told everything through the prism of people. 

Page 3 of the Sunday Express said it all. The lead article under the title “Meeting People” was an interview - not with the kind of half-baked trollop who passes as a celebrity these days, but with, say, the mother of a newly chosen British Nobel Prize winner.

 Next to it was a large cartoon by Giles whose genius for clean, gloriously warm family humour is matched today only by the Mail’s magnificent Mac. Why this genre of cartooning - which combines superb draftsmanship with a timeless universal humour that often contains great truths - is dying out is a subject for another speech. Anyway, underneath was the “You the Lawyer” column addressing the problems of every day life such as fencing disputes and dog bites. What paper today would have such a low-key, non-newsy page 3. Yet all human life was on that page.

All human life, as long as it was suitably middle class, obviously.

Skipping a whole load of nonsense about the good ol' days, how columnists these days don't know their born, how it's all the fault of the state and some justified poking at Richard Desmond, he gets to the start of his main points.

Donning my hat as Chairman of the PCC’s Editors’ Code Committee, I would like to talk to you a little about where we are on regulation and press freedom issues. 

About 18 months ago, I, Les Hinton of News International and Murdoch MacLennan of the Telegraph, had dinner with the Prime Minister, Gordon Brown.

How very cosy. Ignoring the first two concerns he raised, which were reasonably noble, it's his last two which are the interesting ones:

Thirdly, there were the very serious financial implications for newspapers of the Conditional Fee Arrangement, the no win, no fee legislation. Introduced as a well-intentioned measure to help the poor have access to the courts, it was being ruthlessly exploited by unscrupulous lawyers who were ramping up their costs in media cases. Publishers were being faced with huge bills, sometimes running into millions, to defend even the most simple, clear-cut cases.

 Costs in CFA cases, as many of you here know, can be almost infinite with lawyers entitled to “success fees” of up to 100% on top of their actual bills. This gives them a positive financial incentive to take relatively straight-forward cases, worth just a few thousand pounds, and run them as long as possible. Adding insult to injury, CFA claimants can take out very expensive ATE (after the event) insurance policies to protect themselves against costs. If they win, the paper has to pay the claimant’s premium, but if they lose - and this is the cynicism of it all – the insurer rarely enforces the charges because the claimant invariably cannot afford to pay. 



Let me give you an example: Martyn Jones, an utterly inconsequential MP, sued the Mail on Sunday over their claim that he had sworn at a Commons official. The Mail on Sunday believed it had rock-solid witnesses and decided to fight the case. In the event, they lost and were ordered to pay £5,000 in damages. The MP’s lawyers claimed costs of £388,000 – solicitor’s costs of £68,000, plus 100% success fees, barrister’s costs of £63,000, plus 100% success fees, VAT and libel insurance of £68,000. Associated’s costs were £136,000 making a total of £520,000 costs in a case that awarded damages of just £5,000 in a dispute over a simple matter of fact.

 Can it really be right for a QC in a libel case to be paid £7,000 for a day in court whilst the same QC, prosecuting or defending a serious case at the Old Bailey, may receive less than £600 a day – less than a tenth?

Perhaps predictably, Dacre leaves some crucial facts out of this recounting of the libel case involving Jones. The trial was held in front of a jury, although Justice Eady was the judge in charge, and it reached a majority verdict in favour of Jones. The Mail on Sunday claimed that he had told a House of Commons security guard to "fuck off"; Jones claimed that he had in fact said to the security guard that "I don't give a shit what you are, you should know who MPs are." The jury sided with Jones, and presumably also with the claim from Jones's lawyers that there were "at least a dozen untrue assertions" made which had been "cranked up, spiced up and sexed up" so that it became a "grotesque distortion" of what really happened. Perhaps if the MoS had settled it might not have had to pay such costs, hmm? In any event, what Dacre is describing is extraordinarily rare. As has been well documented, only the rich and famous can usually afford to bring libel cases, with there being very few law firms that will contest cases on a no-win no-fee basis. Jones was lucky; the MoS was not. Boo hoo, isn't the world awful?

The result is that today, newspapers – even wealthy ones like the Mail – think long and hard before contesting actions, even if they know they are in the right, for fear of the ruinous financial implications. For the provincial and local press, such actions are now out of the question. Instead, they stump up some cash, money they can’t afford, to settle as quickly as possible, to avoid court actions – which, if they were to lose, could, in some case, close them. Some justice!



Dacre wilfully exaggerates. Even costs of £520,000 to the Mail group are relative peanuts, and that was about as most extreme a case as you can imagine. The reality is that most who think they have been treated unfairly go to the Press Complaints Commission - where their treatment is often not much better.

The fourth issue we raised with Gordon Brown was a truly frightening amendment to the Data Protection Act, winding its way through Parliament, under which journalists faced being jailed for two years for illicitly obtaining personal information such as ex-directory telephone numbers or an individual’s gas bills or medical records. This legislation would have made Britain the only country in the free world to jail journalists and could have had a considerable chilling effect on good journalism.

 The Prime Minister – I don’t think it is breaking confidences to reveal – was hugely sympathetic to the industry’s case and promised to do what he could to help.

 Over the coming months and battles ahead, Mr Brown was totally true to his word. Whatever our individual newspapers’ views are of the Prime Minister – and the Mail is pretty tough on him - we should, as an industry, acknowledge that, to date, he has been a great friend of press freedom. 



Again, Dacre exaggerates completely. The amendment to the DPA was to stop the sale to journalists via private detectives of information obtained from companies' and sometimes government databases. This information was and is hardly ever, if ever, used to uncover genuine scandals, and even if it was, the journalists in those cases would be protected as usual under a public interest defence. What the DPA amendment would have helped put a lid on was the casual obtaining of information on anyone who crosses the media, almost always either celebrities or those accused of crimes outside the realm of the political sphere. At the trial of Stephen Whittamore, the prosecution alleged that some of the material they delivered to journalists was on two actresses then in EastEnders, the family of Ricky Tomlinson, and a former Big Brother contestant. Quite a chilling effect the amendment would have had on good journalism, I'm sure you'll agree.

In any event, the government quickly backed down, especially in the face of private lobbying by Dacre, Hinton and MacLennan, as Dacre goes on to boast:

Thirdly, there is to be action on the “scandalous” greed of CFA lawyers. That adjective is not mine, by the way, but Justice Minister’s Jack Straw’s in a recent speech on the subject. For following Number 10’s intervention all those months ago, there have been many constructive meetings between the industry and the Ministry of Justice on what to do about CFA.

A few weeks ago, I, Rebekah Wade and Murdoch MacLennan saw Jack Straw who assured us that, in the next few months, he is set to unveil proposals to reform CFA, including capping lawyers’ fees.

...

It was agreed that the Data Protection Act should be amended so that journalists would have the right to seek out protected information if they had a “reasonable belief” that their actions were in the public interest.

 And, more pertinently, the Act was amended so that the jailing clause cannot now be implemented unless the Secretary of State seeks approval from Parliament to activate it.



That they already had that "reasonable belief" obviously didn't matter. With the jailing clause unimplemented, the industry can carry on in exactly the way it was doing before.

So that is where we are. The industry has been warned. We must make sure our house in order. Under the auspices of PressBoF, we have produced a guidance note on DPA that has been sent to every paper in Britain. Now it is up to all of us to ensure that our journalists are complying with the Act. At Associated, we are holding seminars on the subject and have written compliance with the Act into our employment contracts. 

At the Editors Code Committee, we are considering whether the current provisions of the Code on data protection and our Guidance Notes, as well as the wording in the Editor’s Codebook, can be strengthened.

Why is it that I don't believe a single word of this? Probably because it was the Mail itself, without even including the MoS, that made the most use of Whittamore, with over 952 transactions. Dacre must have known and sanctioned every single one of them, and then he is one of those responsible for updating the current PCC code! The same newspaper which rages against misuse of government data and the loss of it broke the law in numerous instances and has got away with it. No wonder Dacre is so triumphant.

The parts on Justice Eady now come into view:

But there is one remaining threat to press freedom that I suspect may prove far more dangerous to our industry than all the issues I have just discussed.

 Put to one side the United Nations’ recent attack on Britain’s disgracefully repressive libel laws that have made London the libel capital of the world – something that should be a bitter source of shame for our judicial system. Concentrate instead on how inexorably, and insidiously, the British Press is having a privacy law imposed on it, which – apart from allowing the corrupt and the crooked to sleep easily in their beds – is, I would argue, undermining the ability of mass-circulation newspapers to sell newspapers in an ever more difficult market.



Here then is Dacre's thesis. He doesn't really care, when it comes down to it, about who he and his friends in the media expose in three-in-a-bed sex romps; what he cares about is that the exposing of the rich and the famous is in his view what makes people buy newspapers. Without it, the industry will be further damaged, and the state will have to step in. To suggest this is nonsense would be to give it too much respect: it is crap of the highest order. The Sunday tabloid press, which delivers the scandals and the sex in spades, is already falling of a cliff circulation wise. By contrast, the broadsheets, both daily and weekly are holding up fairly well. The tabloids have to face up to the fact that their readers are increasingly being lost to the internet, where no holes whatsoever are barred. The broadsheets on the other hand are doing OK because they rely on their quality: something which the tabloids simply do not provide, and that includes Dacre's paper, which most agree is the best tabloid regardless of the politics. Would a privacy law further heighten the drops? Probably, but it probably wouldn't make much difference.

In any event, we are not having a privacy law developed in front of our eyes - yet. That might depend on the verdict in the upcoming trial involving Sienna Miller and the Big Pictures photo agency. Just to emphasise how the tabloids don't learn, the Sun and News of the World today settled with her over the publication of nude photographs, awarding £35,000 plus costs, or a pittance as it is to News Corp. Miller has been serially offended against: the Star paid her £15,000 in September over similar photographs and the Sun and News of the World paid her £37,500 last December over, you guessed it, naked photographs. Some will hardly be predisposed to Miller because of her alleged behaviour, but surely the right not to be effectively stalked by paparazzi to the extent where you fear for your life, which is what Miller has been, is one which the law should recognise.

This law is not coming from Parliament – no, that would smack of democracy – but from the arrogant and amoral judgements – words I use very deliberately – of one man. 

I am referring, of course, to Justice David Eady who has, again and again, under the privacy clause of the Human Rights Act, found against newspapers and their age-old freedom to expose the moral shortcomings of those in high places. 



Two cases in particular underline this threat. 

Two years ago, Justice Eady ruled that a cuckolded husband couldn’t sell his story to the press about another married man – a wealthy sporting celebrity – who had seduced his wife. 

The judge was worried about the effect of the revelations on the celebrity’s wife. Now I agree that any distress caused to innocent parties is regrettable but exactly the same worries could be expressed about the relatives of any individual who transgressed which, if followed to its logical conclusion, would mean that nobody could be condemned for wrongdoing. 

But the judge – in an unashamed reversal of centuries of moral and social thinking – placed the rights of the adulterer above society’s age-old belief that adultery should be condemned.



Because Dacre cannot dispute Eady's rulings in a legal sense, he instead turns to morals to try to traduce him. The problem with this is obvious - the country has moved on. Unless hypocrisy is involved, or those involved are mega famous, no one really cares any more. We still disapprove of adultery, but we don't think those involved should be shamed just because they're famous. Dacre however thinks this is exactly the way it should be, that shame is what newspapers are meant to provide, but it isn't. They're supposed to inform, educate, and entertain. Shaming celebrities does none of those things.

The other problem is that the Mail is hypocrisy on stilts itself. The paper is wholly immoral - it thinks nothing of accusing innocent people of terrible crimes with no evidence, such as Robert Murat, who unsurprisingly doesn't warrant a mention in this speech, not to mention Colin Stagg. While it defended the McCanns to the hilt, because they were "its people", the second that Fiona MacKeown came to public attention in a similar plight she was smeared, her home broken into and pictures taken of her dead daughter's bedroom, and attacked by the same columnists who cried fake tears of sympathy for Kate McCann. It ran the most vicious and mendacious campaign possible against the MMR vaccine, now responsible for increased cases of measles up and down the country. It breaks the law with impunity, as we have seen. And then it imagines that it has the right to deliver lectures on what is and what is not moral, as Dacre goes on to do:

Recently, of course, the very same Justice Eady effectively ruled that it’s perfectly acceptable for the multi-millionaire head of a multi-billion sport that is followed by countless young people to pay five women £2,500 to take part in acts of unimaginable sexual depravity with him. 

The judge found for Max Mosley because he had not engaged in a “sick Nazi orgy” as the News of the World contested, though for the life of me that seems an almost surreally pedantic logic as some of the participants were dressed in military-style uniform. Mosley was issuing commands in German while one prostitute pretended to pick lice from his hair, a second fellated him and a third caned his backside until blood was drawn. 



Now most people would consider such activities to be perverted, depraved, the very abrogation of civilised behaviour of which the law is supposed to be the safeguard. Not Justice Eady. To him such behaviour was merely “unconventional”. 

Nor in his mind was there anything wrong in a man of such wealth using his money to exploit women in this way. Would he feel the same way, I wonder, if one of those women had been his wife or daughter? 

But what is most worrying about Justice Eady’s decisions is that he is ruling that - when it comes to morality - the law in Britain is now effectively neutral, which is why I accuse him, in his judgments, of being “amoral".

Dacre then is the only one who can decide what is and what is not moral. The whole point of the Mosley case was that the News of the World claimed it was a Nazi orgy; it was not, as Eady painstakingly pointed out. If it had been a Nazi orgy, the News of the World would have had a public interest defence; it wasn't, so it didn't. Fact is, Dacre thinks that what goes on in other people's bedrooms is his business; it isn't, and it is no business of the government's either. If Dacre really thinks that some mild BSDM is "unimaginable sexual depravity" he has a very very poor imagination. As for his comments about the way Mosley "exploited" the women who were more than willing to take part and who subsequently testified for his defence, with him suggesting that Eady might have been more concerned if they had included a daughter or his wife, that says far more about Dacre's own insecurity than it does about anything else.

In the sporting celebrity case, he rejected the idea that adultery was a proper cause for public condemnation. 

Instead, he declared that because family breakdown was now commonplace, there was a strong argument for “not holding forth about adultery” or, in other words, attaching no greater inherent worth to marriage than to any other lifestyle choice. 

Thus no moral delineation was to be made between marriage and those who would destroy it, between victim and victimiser, between right and wrong.



We're talking about three people's private affairs here, not the breakdown of society as we know it. One person's infidelity is not about to bring this country down; Dacre's sophistry has to be seen to be believed.

In the Mosley case, the judge is ruling that there is no public interest in revealing a public figure’s involvement in acts of depravity.

 What the judge loftily calls the “new rights-based jurisprudence” of the Human Rights Act seems to be ruling out any such thing as public standards of morality and decency, and the right of newspapers to report on digressions from those standards.

Except Mosley was not a public figure. He was not a hypocrite. He was just someone who the News of the Screws could make money out of. They couldn't care about the morals involved, as you'd expect; that was the excuse, just as it is here with Dacre. Or perhaps it isn't; maybe he really cares about morals whilst being completely immoral himself.

But most worrying is that when it comes to suppressing media freedom, the good Justice Eady is seemingly ubiquitous.... 

It was he who was going to preside in Tesco’s libel case against the Guardian, which was, in the event, recently settled out of court. 

It was the same Justice Eady who, in Lord Browne versus the Mail on Sunday, ruled that BP’s shareholders had the right to know that Browne had lied to the court – but did not have the right to know details of his conversations with his boyfriend, despite the paper’s case that they had serious public-interest implications. 

Again, it was Eady who found in favour of a Canadian folk singer called Loreena McKennitt, who had objected to the publication of a book about her by a former adviser, Niema Ash. Ms McKennitt did not claim that the book was in any way untrue, merely that it infringed her right to privacy. Never mind Ms Ash’s right to freedom of expression.

Except Eady was more than fair to the Guardian, despite his reputation. Browne's case is difficult, but in the main he came down on the side of the media. In the case of McKennitt, Eady's original ruling was then backed by both the Court of Appeal and the House of Lords. Hardly all the blame can be placed on his shoulders in that instance.

And it is Eady who, almost unnoticed here, has the distinction of having provoked the US Congress – in what’s dubbed the Libel Tourism Bill – to consider making English libel judgments unenforceable in America. This follows the judge’s decision to allow a Saudi banker to sue a New York author in the London courts even though she hadn’t published her book in Britain. Not for the first time, it seems that our colonial cousins can teach us a thing or two. 

But surely the greatest scandal is that while London boasts scores of eminent judges, one man is given a virtual monopoly of all cases against the media enabling him to bring in a privacy law by the back door.

Dacre makes about his only salient point here. This was a disgraceful decision by Eady, but is all about our libel laws, not the unwritten laws on privacy. The best course of action would be a re-writing of both: removing only the rich and famous from being able to sue for libel, whilst ensuring London cannot be used to silence critics worldwide, whilst protecting individual privacy against press intrusion. Neither though is about to happen, as, although newspapers complain about both, for the most part they are thoroughly happy with the situation. Their belief in freedom only extends as far as their wallets.

English Common Law is the collective wisdom of many different judges over the ages. The freedom of the press, I would argue, is far too important to be left to the somewhat desiccated values of a single judge who clearly has an animus against the popular press and the right of people to freedom of expression.

This is another fair enough point, but it's not as if Eady is purely making it up as he's going along: he's drawing extensively on past rulings and interpreting Articles 8 and 10 of the HRA; if he wasn't, he would be subject to far more criticism than just from those concerned with libel tourism and tabloid editors.

I personally would rather have never heard of Max Mosley and the squalid purgatory he inhabits. It is the others I care about: the crooks, the liars, the cheats, the rich and the corrupt sheltering behind a law of privacy being created by an unaccountable judge. 

If Gordon Brown wanted to force a privacy law, he would have to set out a bill, arguing his case in both Houses of Parliament, withstand public scrutiny and win a series of votes. Now, thanks to the wretched Human Rights Act, one Judge with a subjective and highly relativist moral sense can do the same with a stroke of his pen. 



All of those adjectives, apart from corrupt, could be applied to Dacre just as much as they could those he attacks. He describes what Gordon Brown would have to go through, but he doesn't mention another trial he'd have to pass: the opprobrium of the media, and that is not covered by public scrutiny. Put simply, the unaccountable media with all its power would not accept it, and they would ensure it would never pass, even though their actions have led to its effective creation. Here exposed then is why the likes of the Mail and Sun so hate the HRA; not because it's a criminals' or terrorists' charter, but because it directly affects their business models. They have to remember that the HRA was passed by parliament, that they had the opportunity to oppose it then and failed, and that it was the HRA that has helped to establish the Reynolds defence.

All this has huge implications for newspapers and, I would argue, for society. Since time immemorial public shaming has been a vital element in defending the parameters of what are considered acceptable standards of social behaviour, helping ensure that citizens – rich and poor – adhere to them for the good of the greater community. For hundreds of years, the press has played a role in that process. It has the freedom to identify those who have offended public standards of decency – the very standards its readers believe in – and hold the transgressors up to public condemnation. If their readers don’t agree with the defence of such values, they would not buy those papers in such huge numbers.



This may as well be Dacre's justification for the witch-hunt against Jonathan Ross and Russell Brand. It doesn't matter that the Mail has its own individual view of what public standards of decency are, as long as people keep buying the papers that justifies support. This is abject nonsense - people buy the newspaper they do for numerous reasons, not just for its political or moral outlook. This is simply the fig-leaf which those who think they have a right to decide what's right and what's wrong cover themselves with.

Put another way, if mass-circulation newspapers, which, of course, also devote considerable space to reporting and analysis of public affairs, don’t have the freedom to write about scandal, I doubt whether they will retain their mass circulations with the obvious worrying implications for the democratic process.



This is nothing more than blackmail covered with eye-watering cynicism. The same person who goes on to lionise the press and how wonderful it is is here suggesting that the gutter press needs scandal to survive. Nice little free press you've got here, be a shame if something was to happen to it. The proles need scandal, whilst we provide them with the finest news coverage in the world at the same time. What isn't there to like?!

Now some revile a moralising media. Others, such as myself, believe it is the duty of the media to take an ethical stand.

Did Paul Dacre just claim to have ethics? No, seriously, Dacre's taking an ethical stand? If he ever genuinely did, the ethics would snap beneath him in an instant. Not satisfied with descending into parody, Dacre then further suggests just how completely mad he is:

Why does not half an hour go by that the high priests of the subsidariat, the BBC, can’t resist a snide reference to the popular press, again blissfully oblivious that all too often they are following agendas set by those very popular newspapers whose readers pay their salaries.

Yes Paul, the BBC is always sneering at the "popular press". Please, keep taking the medicine.

He warms to this further theme by attacking Flat Earth News and Nick Davies without so much as mentioning the name of either:

Again, blissfully oblivious to the need for self-criticism of their own papers – the sine qua non of such pages is, by and large, that the liberal media can do little wrong while the large-circulation press is invariably scurrilous, malign and beyond all salvation. 

There was, of course, that recent book that savaged the behaviour of virtually every national newspaper. The book, which began with a presumption of guilt, was itself a pretty sloppy piece of journalism, full of half-truths, anonymous sources, gossip and urban myths presented as facts, and the very selective reporting that it accused papers of employing. And heaven forbid that its author should have observed the basic journalistic nicety of checking those facts with the parties concerned.

Could it possibly be because the liberal media is that which is also the least complained about, the least likely to have to settle damages out of court, and the least likely to be taken to court, and when it is, it's also more likely to win, as the Guardian did twice during the 90s? The tabloid press meanwhile continues to show itself invariably up as it is, as during the Mosley trial: unaccountable, lazy, disreputable, and downright nasty. It would be nice also if Dacre bothered to bring up examples of just where Davies was wrong in Flat Earth News, although I suspect it's because the book dedicated a whole chapter to the Mail, whilst the Mail itself has mentioned it twice, and that was prior to actual publication, even while the "liberal" press which he so disdains discussed and argued about its findings at some length. Half of this is because the tabloid press presents itself as infallible; the broadsheet media does not.



Fair enough. Newspapers should be constantly criticised. If you dish it, you should take it with bells on. The problem, I would argue tonight, is that this unrelenting and corrosive drip, drip, drip of criticism of the press does huge harm to our standing in the eyes of the politicians, the regulators, the judges, the public and, most pertinently, I suspect, to newspaper sales.

 In good times, such a poisoning of the well is unhelpful, to say the least. Today, with large parts of our industry fighting to stay alive, it is damnably, unforgivably and depressingly damaging. 

I am not a Jeremiah. I passionately believe that Britain has the best newspapers in the world and – indeed, our papers today are as good as they’ve ever been. Nostalgia be damned.

Gosh, anyone feel deja vu after Hazel Blears' similar rave last week? It couldn't be that the tabloid press gets everything it deserves could it, when it demands accountability at the BBC over authorised comedy pranks and then no one resigns when dozens of stories about Robert Murat result in huge payouts? In Dacre's eyes though there's nothing wrong with it, and after all, who are we to argue? He's the Daily Mail in the flesh, and the Daily Mail can never be wrong.

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