Thursday, February 18, 2010 

A questionable, but ultimately correct decision.

There was almost never any danger of the Press Complaints Commission deciding that Jan Moir's piece of heartless, discriminatory grief intrusion breached their code of practice. The very first thing that mitigated against it was the fact it was a straight-up comment piece, rather than an actual piece of news which took it upon itself to offer an opinion as well, and the PCC has in the past been loth to decide what columnists can and cannot offer as their view, regardless of whether or not their article is factually inaccurate.

There have been a few recent cases where there has been a retraction, such as when Amanda Platell claimed that the tragic death of Rachel Ward was a direct result of equality and blamed her friends for not going home with her, resulting in the Mail "noting" the father of one of her friends' concerns and removing her article from the website, but with no actual apology forthcoming. There was also the attempts by one persistent individual who complained to the PCC about the ludicrous claim by Carole Malone in a column in the News of the World that immigrants were being given free cars, which Tabloid Watch documented, finally resulting in the paper printing this incredibly terse statement:

"On July 26, our columnist Carole Malone claimed illegal immigrants receive "free cars". We now accept illegal immigrants do not receive such a benefit and apologise for the error".

Something that was definitely worth all the effort involved. Both of these though are examples where either what the columnist had wrote was patently false, or where the newspaper decided not to put up any fight, with the complaint coming quite some time after the original article was published. The Mail knew what a potential precedent the Moir article could set if it decided not to defend itself; as the PCC's lengthy adjudication sets out, it offers no apology whatsoever and defends every aspect of Moir's comment, as was its right. It is also though another indication of just how far removed the world of tabloid newspapers is from that on which they comment: they seem to inhabit a completely different moral sphere when it's them expressing their opinions on someone; when either rivals do it, in the case of "Sachsgate", or when a footballer supposedly brings his entire country into disrepute, then it's perfectly legitimate for them to act as judge, jury and executioner.

If any ruling had set this complaint up to fail, then it was a recent one involving that distinguished inventor of political blogging, Iain Dale, which the adjudication indeed references. In this instance, Dale was for once on the side of the angels, complaining about an almost overt piece of homophobia which appeared in the Ephraim Hardcastle diary column in, naturally, the Mail:

The piece reported that the complainant was on the shortlist of people applying to be the Conservative candidate for the parliamentary constituency of Bracknell. It described him as ‘overtly gay', and referred to an interview he had given to Pink News in which he encouraged its readers to attend the open primary, saying it was ‘charming how homosexuals rally like-minded chaps to their cause'.

Dale felt, quite reasonably, that this breached clause 12 on discrimination. The PCC however has other ideas:

For instance, the newspaper had used no pejorative synonym for the word ‘homosexual' to describe the complainant: this would certainly have been a breach of the Code. Neither had the complainant been outed as gay by the column - which would also have been a breach - as he had frequently and publicly referred to his sexual orientation. Rather, the complaint seemed to be that describing him as ‘overtly gay' at the same time as saying it was ‘charming how homosexuals rally like-minded chaps to their cause' was spiteful to the point of homophobia. This was a more subtle and subjective charge against the newspaper.

In other words, in order to breach clause 12, you essentially have to call a gay person either a faggot, a poof, although considering how relatively soft that term is that might not even not, or a bent cocksucker. Jan Moir was far more subtle, if just as knuckle-headed: Gately was the "Posh Spice of Boyzone", he "couldn't carry a tune in a Louis Vuittion trunk" and "the ooze of a very different and more dangerous lifestyle has seeped out for all to see". In line with the PCC's view of how Dale was described, it found:

it was not possible to identify any direct uses of pejorative or prejudicial language in the article. The columnist had not used pejorative synonyms for the word "homosexual" at any point.

What then about accuracy, also complained about by Gately's partner? How could Moir possibly have not breached Clause 1 with her claims that:

The sugar coating on this fatality is so saccharine-thick that it obscures whatever bitter truth lies beneath. Healthy and fit 33-year-old men do not just climb into their pyjamas and go to sleep on the sofa, never to wake up again.

Whatever the cause of death is, it is not, by any yardstick, a natural one. Let us be absolutely clear about this. All that has been established so far is that Stephen Gately was not murdered.

Despite these assertions, Moir had also covered herself. She also wrote that:

All the official reports point to a natural death, with no suspicious circumstances.
and

A post-mortem revealed Stephen died from acute pulmonary oedema, a build-up of fluid on his lungs.

Despite therefore successfully contradicting herself, considering the post-mortem found that it was indeed a natural death, this was all she needed to do. Hence the commission found:

In the Commission's view, it was important to recognise that the article had clearly referred to the official verdict on the cause of death that was available at the time ("all the official reports point to a natural death, with no suspicious circumstances"; "acute pulmonary oedema, a build-up of fluid on his lungs"). It was against this context that the columnist had stated her views on the matter. In her opinion, the events leading up to the death were "sleazy" and showed a glimpse of "a very different and more dangerous lifestyle"; it was also her view that Mr Gately's death was "lonely". The complainant may have disagreed with these claims, and many readers had objected to them, but the Commission felt that these individual judgments did not constitute assertions of fact.

Andrew Cowles also complained under clause 5, intrusion into grief, which although the most obvious and most despicable thing about Moir's piece, was also the least likely point on which the PCC was likely to intervene. It would be ridiculous for a regulator to decide when and when not someone can say something that might cause suffering or pain; instead it ought to be apparent to both the writer and the newspaper itself that doing so when grief is likely to be so raw is far more likely to be intrusive and felt to be unacceptable. To do so the day before the funeral, and less than a week after the death was crude, cruel, unkind and downright ignorant, just as much as Moir's actual article was. For the Mail to so often invoke morality when it clearly cannot even understand such basic human emotions or simple matters of taste, or rather does but nonetheless feels no wider responsibility when it attacks individuals in such a way just shows up its values for what they truly are.

Moir's article, as alluded to above, was actually far cleverer than the views it expressed. It hedged its bets; it covered itself; and most of all, it hid behind innuendo rather than outright accusation. All of this ensured that it didn't breach the PCC's code, whilst also distinguishing it as far worse than just the ravings of a bar-room bigot. It's not a completely apposite comparison, but it reminds me somewhat of Enoch Powell's infamous "rivers of blood" speech; not in the actual outrageousness of the views expressed, in which Powell's were far worse, but because of how Powell hid behind the supposed opinions of others throughout. Moir didn't hide behind the ignorance of others, she instead attempted to hide her own by not being prepared to wrote what she really thought. These are the actions of a coward, not a writer. The tagline on her column, which asks whether you're thinking what she's thinking, is doubly apt, appealing to the lowest common denominator whilst also portraying herself as an ordinary reader holding forth over the topics of the day, something which couldn't be further from the truth.

Despite all this however, I actually agree with the overall conclusion of the PCC. It should not be the job of a regulator to decide what a commentator can and cannot say, as long they do not directly breach the rules on accuracy, as Moir just managed not to. As the Graun's C.P. Scott had it, comment is free, but facts are sacred, or as the PCC say:

Individuals have the right to express honestly-held opinions, and newspapers have the right to publish them, provided the terms of the Code are not otherwise breached.

Moir instead, and the Mail as well, can be held to account in other ways. It's fair to say that Moir is never going to live her column down, and her reputation has been permanently sullied. The Mail has been shown up for the hypocrisy sheet which it is, governed only by what it think will sell rather than what its thundering leader columns and editor actually say it stands for. Finally, despite the sneering of the Mail, it's also shown that Twitter and Facebook can as much be forces for good as they can for bad and general frivolity. Never before have newspapers been held up to such scrutiny as by actual individuals who do have a voice, even if only to those who tend to share their opinions, and this is only going to increase. Will the paper think before publishing something like Moir's column again? Probably not, considering the values by which the Mail lives by, but when it does, and it will, the storm will only likely be even more fierce.

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Monday, October 19, 2009 

A truly amoral newspaper.

It just had to be, didn't it? The week I'm dragged away turns out to be the week when two of the biggest media stories of the year break. First Trafigura and Carter-Fuck try to censor parliament, never a wise thing to do, even when MPs were more concerned about their expenses, then the Daily Mail does what the Daily Mail does best and publishes an utterly heartless piece of grief intrusion masquerading as a columnist attempting to articulate what the readers are really thinking.

At long last the Mail chose to attack someone so completely harmless, so apparently lovable and so popular that even it couldn't manage to brush the outrage under the carpet. As it is, compared to the Mail's past record and other similar articles, Jan Moir's screeching on Friday was almost tame. Sure, it has the blatant homophobia, the knowing better than everyone else what the two men were doing that night, and the gratuitous, ignorant insults, such as Moir's claim that he "couldn't carry a tune in a Louis Vuitton trunk", when he could in fact sing perfectly well, unlike numerous other members of boy and girl bands and doubtless Moir herself. It has the same "I know best" attitude, ignoring point blank the actual facts of the case while relying entirely on her own prejudices; a 33-year-old man can't possibly die of "natural causes", especially a gay 33-year-old man who had invited another man along with his civil partner back to their holiday apartment, most certainly not a gay 33-year-old man who had been smoking the devil weed cannabis. Yet, it still feels by the Mail's standards to be not harsh enough, not as completely without redemption as it should be.

You can't after all really compete with the utter heartlessness, the downright beastliness of describing the murder of five young women as "no great loss", as Richard Littlejohn did back in December 2006 after Steve Wright had killed 5 prostitutes from the town of Ipswich. That piece of nastiness made very few ripples, except for becoming part of a Stewart Lee comedy sketch which finishes with Littlejohn being described as a part of the female anatomy. Moir's attack on Gately wasn't close to being as vindictive and shameless as Allison Pearson's description of Scarlett Keeling, the 15-year-old raped and killed in Goa, as a "ripe peach", and who variously blamed her mother for leaving her behind with friends while she travelled further on in the country while also noting that she was in "a culture where Western girls are all too readily viewed as sexually available", meaning that brown people just can't wait to get their hands on the white women. It also wasn't as so utterly without dignity or research as Amanda Platell's assault after Rachel Ward tragically died whilst on holiday. To quote myself:

According to Platell, rather than this being a tragic accident, it's instead indicative "of the lives of many middle-class young women". Variously, her death seems to have been down to the following facts: firstly, that she was middle class, and therefore should have known better than to have been taking part in such working class pursuits as going on a skiing holiday and drinking whilst on it; secondly, that her friends abandoned her when she decided to go back to where she was staying on her own, therefore it's their fault too; and finally, that it's actually neither her own fault nor her friends' fault, but rather the fault of equality:


Sadly, in a world where women have fought for generations for equality, where they insist on their independence, where drunkenness and debauchery are actively encouraged, you can’t really blame a young man for failing to act chivalrously.

Yes, Rachel’s death was tragedy — but it was an accident waiting to happen.


There you are then girls - you weren't fighting for equal rights, you were in fact fighting for the right to die alone in a freezing river, because Amanda Platell says so.

As far as I'm aware, the only complaint made about any of these grief intruding attacks was on the latter, by the father of Haydn Johnson, which resulted in the Mail noting that the piece was inaccurate and removing Platell's viciousness from the website. No apology, no thoughts about whether attacking the grieving is ever justified, just an article flushed down the memory hole with no repercussions.

Whether the difference this time was because Gately was a celebrity, while all those mentioned above were just commoners, with only family and friends to be angered and shocked by their treatment at the hands of the press doesn't really matter in the end. The most significant factor to my mind is most likely the obvious culture clash, a mirror image culture clash to that which took place over "Sachsgate". Then the Mail was the ringleader in getting its readers and others to complain to both the BBC and Ofcom over the humiliation of a much-loved actor by two arrogant bullies, one of whom was and is on a vast salary. As offensive, unfair and low as the abuse masquerading as humour was in that case, it was still blown out of all proportion. Those who complained were the Mail's target market, the older, the more middle class, and overwhelmingly those who would have never listened to Russell Brand's show and so only complained after they were alerted to it. Who knows this time how many actual Daily Mail readers have complained about Jan Moir's article, but I doubt it's higher than a few hundreds out of the 22,000 complaints which the PCC has now received. This isn't to suggest that Daily Mail readers want and expect the kind of thing which Moir delivered; far from it. It is however what the Daily Mail thinks that its readers want. The editor is a man who believes that the bedroom door should be wide open when the activities within it pass outside the "norm", as they did in the Max Mosley case, and that Justice Eady's ruling, that the NotW infringed his privacy, was in effect, "amoral".

All newspapers make mistakes. All newspapers misjudge the feeling of both the public and their readers at times. Only the Daily Mail however has repeatedly and consistently attempted to intrude into grief, regarding the death of almost anyone as fair game. Some might believe that the truly amoral in this instance to be those who have got it so horribly, terribly wrong on so many occasions, and who will doubtless continue to get it wrong in the future.

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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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Friday, November 14, 2008 

Land of the rising scum.

Martin Kettle in the Groan notes that none of the media bothered to report some interesting other details from a survey which they did use to show that the public doesn't think much of politicians:

The survey asked the public how much they trusted 17 different professions to tell the truth. Top of the list as usual were family doctors, trusted by 94% of the public, followed by headteachers (83%) and judges (82%). Ministers and MPs indeed trailed far behind, trusted by 27% and 26% respectively - as the red-tops were quick to point out. At the very back of the line, though, came another group, tabloid journalists, who were trusted to tell the truth by a miserable 10% of the population. Yet this particular finding has not been published in any newspaper until now.

Even this, though, only scratches the surface of what this striking survey revealed about public attitudes to the media in general and to the tabloids in particular. Tabloid readers, the survey found, are more likely than the readers of broadsheet papers or of no newspapers at all to believe that standards of conduct in public life are low, are getting worse, and to think that the relevant authorities are not upholding the right rules. Given their exposure to the sort of stories quoted above, perhaps this is not exactly surprising.

What may surprise, though, is the scepticism of readers towards tabloids. The survey asked their opinion of the papers. Do they "do a good job of keeping politicians accountable?" Yes, said 43%. What about "help the public to learn about what is happening in politics?" Not so sure. This time only 31% of readers thought they did.

Then the figures become really dire. "Generally fair in their representation of politicians?" Only 13% thought that applied to the tabloids. "Look for any excuse to tarnish the name of politicians?" A massive 90% agreed with that one. "Focus on negative stories about politics and politicians?" Almost the same, 87%. And finally, "more interested in getting a story than telling the truth?" This time an overwhelming 82% of tabloid readers concurred.


These findings are of course wholly unsurprising and completely accurate. Yet as Kettle goes on to point out, only the likes of the Daily Star defend their coverage on the grounds that it's to give their readers a bit of fun in the morning. The others, as Paul Dacre argued on Sunday, with a straight face claim that their "extensive coverage of public affairs is the glue of democracy". He later went on to say that it was the liberal media and in effect its contempt for the popular press which was affecting its standing:

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.



Unless then we accept that the pernicious liberal media, including the BBC that according to Dacre drips poison about the tabloid press roughly every half-hour, has such a hold on the public imagination, including that of tabloid readers themselves to the extent that they think what they read is nonsense and often inflammatory, it appears that the problem is all Dacre's and his friends' own.

Another example of how the tabloid's extensive coverage of public affairs is the glue of democracy is provided by the Sun's continuing campaign over Baby P. Whether this is today's or tomorrow's leader I'm unsure of, but it really is one of the purest examples of using empty, cynical emotion to in effect demand mob rule that's come along for a while:

HIS bright blue eyes stare out at us beseechingly.

But it’s too late. Nothing can bring back Baby P from the tears and agony that marked his last hours on Earth.

What we CAN do is not rest until those who abandoned him to his fate have paid the price.

What we must also do is demand that Baby P’s killers — his evil mother, her sadistic boyfriend and their paedophile lodger — are locked away for so long that they never see the light of day again.


Perhaps instructive in all of this is that while social services are taking all the blame, the others that were involved in Baby P's case are almost all in the background. While it was mentioned yesterday that the HSS did attempt to take Baby P into care - only for the legal advice to come back saying that the threshold for doing so had not been met - the police also had carried out investigations into his mother and whether there were grounds for her to be charged with abuse. The Crown Prosecution Service also decided that there was not enough evidence for them to do so. This is again despite all the apparent signs with hindsight that now look obvious - the numerous injuries, the two hospital visits, etc etc - all of which is being seized upon to call those involved with him idiots, which is probably around the mildest insults thrown their way.

The Sun complains about the ministers shuffling the letters sent by the whistleblower around, when in fact the concerns raised were directed to the proper channel to consider them, the Commission for Social Care Inspection, who despite being a quango in flux as Mark Easton says, did raise them with HSS, where they were satisfied that the allegations made by Nevres Kemal had either been dealt with or were not as serious as she claimed.

Gordon Brown vows he will do everything in his power to stop another tragedy.

That must mean the sacking of Sharon Shoesmith and every social worker and official involved.

So long as these dangerously complacent people remain in their jobs, no child at risk in Haringey is safe.

Look at the face of Baby P and then — if you haven’t already — please fill in our petition below.


But were these people dangerously complacent or did they simply make terrible mistakes that are going to haunt them from now on? Again we have the appeal to the dead child's face, the plea to sign a petition that will do nothing to stop a similar tragedy from happening, and the whipping up of a storm which is already in danger of causing far more damage than is necessary. Much the same is of the opening of this article with the newly released uncensored version of Baby P's face, so over the top and out of kilter with what it actually shows that it strikes you as unreal:

THIS is Baby P.

A gorgeous, blond-haired, blue-eyed tot with a heart-melting smile.

The Sun is today publishing the first picture ever of the little boy who died in the most tragic circumstances.

In this heart-wrenching photo he gazes up at his photographer in search of the love and affection he was so cruelly denied.

The photo was taken by a childminder as Baby P happily toddled around her kitchen.

Except he isn't smiling, he quite clearly isn't looking at the photographer but off into space and it's only heart-wrenching because the writer wants it to be and because the editor is demanding that this is the line to be taken.

It isn't only the tabloids - I turned off This Week last night because Andrew Neil had abandoned all pretence of impartiality in his summary before introducing of all people, Jon Gaunt, currently blaming the Guardianistas and the metropolitan elite which pays his wages, and politicians and bloggers on all sides are now trying to make hay out of the death of a child - but they're the ones that are acting as they always do without any real regard for the lives of those they're interfering with. Thing is, as circulations decline further, as they surely will, the sensationalism we have now is only likely to get worse. With little else to define them from their competition, their stance on matters like this will grow in importance. The real question has to be though if their readers dislike what the papers do so much, why do they keep buying them? Is it masochism? Is it because they've always bought them, or their parents did? Is it for what else they produce other than their politics? Or do they lie to their interviewers? I as usual don't have an answer. Anne Karpf however provides again what maybe the real target ought to be:

Curiously, most of the frenzied debate this week has not been about the perpetrators of these crimes but about those who supposedly could have prevented them - social workers. Consequently, we know far more about child protection services and their deficiencies than we do about what makes women damage and kill their children or stand by while their partners do so. There is a profound reluctance, it seems, to look beyond the final stages of these children's lives, to try to understand how those who bore ultimate responsibility for their care could have turned into those who ended their lives or were complicit in abusing them.

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Tuesday, November 11, 2008 

Clarence Mitchell bursts Paul Dacre's bubble.

Notable in Dacre's speech on Sunday was the absence of a mention of the name Madeleine McCann. After all, little Maddie has been undoubtedly the biggest story of the last year, and only since the summer and the apparent evaporation of any remaining leads, alongside the unfortunate legal actions launched against all of the tabloid titles, but especially the Express and Star, has apparent gravy train come to an abrupt halt. He did however praise the brilliance of Fleet Street, while condemning those, especially in the malevolent liberal media, who do so much to do down our superb popular press:

Now, in these difficult times, is the time to celebrate that light.

 For all their many imperfections, British papers – which are full of journalists who work extraordinarily long and difficult hours, often on very low salaries – do a pretty good job, which is why I suspect there is much less corruption in this country than in Europe. In a world of Mandelsons hobnobbing with dubious Russian oligarchs on luxury yachts, Campbells making up dossiers on which we went to war, and of a rampant centralising state that year by year seems intent on eroding basic civil liberties, newspapers are the only brakes on the increasingly arrogant – and, in the case of the EU, unaccountable – behaviour of our ruling classes.

...

Let’s be proud of our industry. Let’s stop this drip, drip, drip of self-denigration. Stand up for the illumination at the top of the lamp post.

Yesterday Clarence Mitchell, the spokesman for the McCanns, had his say on this "illumination at the top of the lamp post" at the same Society of Editors conference:

"The British press out there in Portugal, and I'm not singling out any particular publication, were - I'm afraid to say this and I don't like to say this because I'm a former journalist myself - they were lazy," he told the conference.

...

"However, when the British press made inquiries they came up against a stone wall so they resorted to sitting in the local bar, which had the lethal combination of free Wi-Fi and alcohol, and that became the newsroom predictably enough.

"It meant that they then sat every morning just going through whatever had been leaked to the Portuguese papers, 99% of it totally inaccurate lies, 1% I would say distorted or misunderstood through cultural differences in some cases.

"This was then put to me, I would then deny or try to correct it, that would be a quote from me, 'Mitchell's balanced it', that was balanced journalism, and off it went."


We shouldn't however blame these self-same journalists though, as it was, as Mitchell went on, their editors whom were making the demands of them (although kicking the likes of Lori Campbell is surely somewhat deserved):

"I had certain reporters from certain groups almost in tears some mornings saying, 'If you don't give me a front-page splash by 4pm I'm going to be fired," he added.

"I can understand the pressure they are under but when I said 'I can't help you, we honestly haven't got anything of value or anything to warrant that coverage' nevertheless a front page would then duly appear in certain titles."

Mitchell added: "Things that were allegations or suggestions in the Portuguese press were hardened up into absolute fact when they crossed the Channel."


Undoubtedly Mitchell is referring primarily to the Express, which had decided that Madeleine should be the front page story regardless of other news or whether there had been any developments, but the demands being made of hacks was undoubtedly much the same across the "popular" press.

The reason why Dacre dared not mention the McCanns is because the tabloid coverage of her disappearance was a masterclass in what journalism should not be, but what Dacre believes sells: empty, soulless emotional pornography, crass xenophobia, rampant ignorance, offset by leaping to conclusions on the slightest of new information, casual pointing of the finger of blame, and depending on your publication, either knee-jerk defence of the McCanns or equally knee-jerk accusations that they were fully responsible, all due to the fact that they knew this stuff was selling, with very little care, except for the McCanns themselves in some quarters, for what this coverage was doing to real lives and real people. The legal payouts have been chicken-feed to what they most likely made, not necessarily in putting on sales, but in ensuring that the sales stayed mostly on the same level as the year before, which in the current conditions is a major success. And they still honestly try to claim that they have ethics, or morals, or that unelected, unrepresentative judges are more of a threat than they are.

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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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Wednesday, April 02, 2008 

The dark arts and the real power in the land.

As mentioned in one of the previous posts, the government appears to be backtracking about making the buying and selling of private data an imprisonable offence. This is almost certainly a direct result of lobbying by Associated Newspapers, News International and even apparently the Telegraph group, all under the pretext that it would have a chilling effect on investigative journalism.

That claim and defence is rubbish. Journalism in the clear public interest is already protected, and if the Guardian was duly concerned, then the very journalists that got the story, David Leigh and Rob Evans, would be incredibly worried, as it was they that broke the story over BAE's Saudi slush fund, which would have almost certainly employed some of the methods that the information commissioner, Richard Thomas, wants to crack down on, as did their investigations into Jonathan Aitken in the 1990s.

Rather what bill is meant to target is the widespread use, especially by the tabloids, but also increasingly by the broadsheets, to employ private detectives who through their own contacts sell information, often from government or public services databases, direct to journalists. This all stems directly from the case of Steve Whittamore, the private detective who was raided back in 2003. When the police subsequently went through his computer, they found that he had kept exact details of every transaction with each publication, information which the information commissioner subsequently released back in December of 2006. It showed that the Daily Mail alone used his services 952 times, with almost 60 different journalists making separate requests. At Whittamore's trial the prosecution outlined that his associate Paul Marshall had used Scotland Yard's computer databases to access information for newspapers on two actresses from EastEnders, the family of Ricky Tomlinson, and a former Big Brother contestant, alongside information on Ken Livingstone and his partner and Bow Crow, head of the RMT. Despite this, Whittamore and his friend were all given conditional discharges, as a result of a previous ruling in a trial involving Marshall, where the judge accepted that he was seriously ill and about to die. Whittamore was meant to face another case brought by the Information Commission itself, but the cost to the public purse, and the fact that all the men could point to the previous trial and the sentences given there meant that they forced to drop it. They all in effect completely got away with it.

This isn't then out of high principles and making sure that investigative journalism, what little of it remains in the British press, is protected. This is so the tabloids and others like them can continue to stalk and chase celebrities and their families if necessary, and that as soon as a major crime and happens and suspects are named that they can get as much information on them as they possibly can. As Nick Davies outlines in the entire chapter on this in Flat Earth News, these are known as the "dark arts". One ex-Mail journalist told Davies that they used to use the social security computer as if it were an extension of the Daily Mail library, just having to phone their contact who would then supply the information or the persons with the same name in around five minutes time, with their home address, phone numbers and maybe their workplace. Another said that if the Mail comes after you, they'll get all your information, phone numbers, schoolmates, what's on your credit card and every call from your phone. This was probably how the Mail recently turned up at the home of Fiona MacKeown, breaking in and taking photographs of her murdered daughter Scarlett's "bedroom".

Some of this isn't of course high-tech or even strictly breaking the law. Clive Goodman, jailed after he was caught "hacking" into the mobile phone of Prince William, just used the well-known trick of phoning his voicemail and then seeing if the password was unchanged, as most are, enabling him to "intercept" his messages. Goodman went down because the charges were brought under the Regulation of Investigatory Powers Act, not the Data Protection Act, which deals with the "blagging" offences and those involving the breaching of databases. This measure was really about bring the punishments into line, and upping the costs of getting caught so that there's far more of a deterrent. Getting a conditional discharge or an "unlimited" fine won't stop private detectives that have been raking in hundreds of thousands of pounds through such work, but a prison sentence will.

It's little wonder then that the Mail and Sun groups are so opposed to this measure. It threatens their incredibly lucrative phishing expeditions which so contribute to their celebrity exposes and who's shagging who nonsense which arrives on Sunday mornings. One of Gordon Brown's dearest friends just happens to be Paul Dacre, so much so that Brown has even given him a review to overlook. As for the Conservatives, the editor of the News of the Screws at the time of Goodman's offences, for which he too had resign was none other than Andy Coulson, now their chief spin doctor. Aside from protecting the privacy of celebrities and those caught up in events beyond their control, this is another reason to oppose the continuing obsession with databases across government and public services sphere. The amount of information that'll be on the ID card database has journalists and private dicks drooling already, as will the Spine, the NHS database that'll have the records of every patient on, not to mention ContactPoint, the children's database, which might have celebrities' children omitted from it, directly because of the fear of that information being sold on to the highest bidder. It just does go to continue to show that those who have the most power in Britain are not the politicians themselves, but the media barons and their editors who have obsessions with crime and criminals, except when themselves commit it in the pursuit of a good story. The information commissioner had little chance when coming up against them.

Related post:
Chicken Yoghurt - Newspapers and personal data: a level playing field at last

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