Friday, July 10, 2009 

The Graun vs News International: fight!

Battle then has finally been joined in what could turn out to be a titanic struggle between News International and the Guardian. After two days of silence and not bothering to dispute any of the Nick Davies' initial report, Rebekah Wade released a letter written to the head of the Commons Media Select Committee, John Wittingdale (PDF), and News International as a whole has released a point by point supposed refutation of the Guardian's claims.

To go from denying almost nothing to denying everything is quite a step change, and one which could yet turn out to be disastrous for News International. Wade's letter is especially laughable, and further evidence perhaps of why she has long been shielded from the public eye, something she won't be able to do once she becomes chief executive. Notably, Wade informs Wittingdale that Colin Myler, Andy Coulson's replacement as editor of the NotW and Tom Crone, the paper's longstanding legal counsel will appear before his committee, and not just to give evidence but "refute" the Guardian's allegations that voicemail hacking was endemic at the paper. The fact that Myler hadn't been working at the paper prior to his appointment as editor doesn't inspire confidence that he'll be an any better witness than Les Hinton was previously. As for Tom Crone, if his presence is meant to inspire dread in the committee, they should remember that it was he who advised Mazher Mahmood to pursue George Galloway for publishing his image on the net following his failure to entrap him, while his performance at the Max Mosley trial as the paper's counsel helped the paper to its defeat. Myler himself also gave evidence that hardly helped the paper's case.

Wade goes on to claim that the Guardian has "substantially and likely deliberately misled the British public". That is a very serious allegation to make, and one which Wade provides no evidence to back up. It's also rather hilarious, making you wonder whether News International is so peeved because that's their job. Even those of us who are severe critics of tabloid journalism as a whole, and especially Wade's work, would baulk at alleging that she has deliberately misled readers on stories such as that involving Alfie Patten. The hypocrisy and irony also keeps on coming, as Wade complains that the Guardian is "repeating allegations by such sources as unnamed Met officers". If it wasn't for unnamed police sources, the Sun wouldn't have published such brilliant exclusives as the claim that Rochelle Holness was dismembered while alive, which is unbelievably still uncorrected on their website, or that Janet Hossain was found dead wearing S&M gear, both of which were untrue and hurtful beyond belief to the relatives who were trying to come to terms with their loss.

Next, she claims that both the Guardian and television coverage of Nick Davies' initial report has "deliberately or recklessly" combined references to the Peter Taylor and Prince William voicemail hacking with the revelations in the Information Commissioner's two reports, and that there is no connection between the two. This is inaccurate on both points: most of the references made to the ICO reports have been clear, while even if there is no direct connection between the two separate cases, the work of Steve Whittamore is an example of just what the tabloids and some broadsheets have been up to, and undermines the claims made by the NotW that Clive Goodman was just one bad apple, when at least 19 separate NotW hacks made use of Whittamore.

The News International statement is rather more robust, although still full of holes and in places deliberately pulls its punches. It also seems as if the NotW itself was kept well abreast of the police investigation, and robustly claims that it's the police that confirm that the Guardian's allegations are inaccurate. Even tonight though it has began to fall apart, following further responses from the Graun. The statement claims:

Apart from matters raised in the Mulcaire and Goodman proceedings, the only other evidence connecting News of the World reporters to information gained as a result of accessing a person's voicemail emerged in April 2008, during the course of the Gordon Taylor litigation. Neither this information nor any story arising from it was ever published. Once senior executives became aware of this, immediate steps were taken to resolve Mr Taylor's complaint.

From our own investigation, but more importantly that of the police, we can state with confidence that, apart from the matters referred to above, there is not and never has been evidence to support allegations that:
  • News of the World journalists have accessed the voicemails of any individual.
  • News of the World or its journalists have instructed private investigators or other third parties to access the voicemails of any individuals.
  • There was systemic corporate illegality by News International to suppress evidence.

Yet tomorrow the Guardian reveals that one of the others that News International settled with was Jo Armstrong, a legal adviser at the PFA, who also had her voicemail hacked into. If she isn't being included along with Peter Taylor, then that's another case which the organisation has conveniently forgotten about. The statement goes on:

It goes without saying that had the police uncovered such evidence, charges would have been brought against other News of the World personnel. Not only have there been no such charges, but the police have not considered it necessary to arrest or question any other member of News of the World staff.

Considering then the NotW admits that Peter Taylor's voicemail was illegally accessed, why weren't the journalists involved in the tapping of Peter Taylor's phone considered for prosecution as Mulcaire was, when Goodman had no involvement in it? Is it because he informed them that he intended to take his own legal action and so they left it at that or otherwise? The situation remains that News International's relationship with the police is incredibly cosy. The fact also that it took far longer for NI to look through the evidence before making their statement than it did for Yates of the Yard furthers the suspicion that the police have no intention of endangering that relationship unless forced to.

Based on the above, we can state categorically in relation to the following allegations which have been made primarily by the Guardian and widely reported as fact by Sky News, BBC, ITN and others this week:
  • It is untrue that officers found evidence of News Group staff, either themselves or using private investigators, hacking into "thousands" of mobile phones.
  • It is untrue that apart from Goodman, officers found evidence that other members of News Group staff hacked into mobile phones or accessed individuals' voicemails.
  • It is untrue that there is evidence that News Group reporters, or indeed anyone, hacked into the telephone voicemails of John Prescott.
  • It is untrue that “Murdoch journalists” used private investigators to illegally hack into the mobile phone messages of numerous public figures to gain unlawful access to confidential personal data, including: tax records, social security files, bank statements and itemised phone bills.
  • It is untrue that News Group reporters have hacked into telephone voicemail services of various footballers, politicians and celebrities named in reports this week.
  • It is untrue that News of the World executives knowingly sanctioned payment for illegal phone intercepts.

This is instructive as much by how it words each denial as the denial is itself. It is perhaps untrue that "thousands" of phones were hacked into; maybe it was only hundreds and the Guardian's source exaggerated slightly. It might be that there were
attempts to hack into thousands of phones, rather than that thousands were successfully compromised. It also might be untrue that journalists personally hacked into mobile phones; after all, they had Mulcaire and doubtless others paid handsomely to do that for them. What exactly was Mulcaire doing other than blagging and hacking which made him worth £2,000 a week, with extra for specific work? No hack other than star columnists and the executive staff themselves would earn such massive remuneration. Similarly, if John Prescott's voicemail wasn't hacked into, or wasn't even attempted to be hacked into, how did the Guardian know specifically which month it was said to have been done, unless their source was expert at covering his tracks? The next denial is the most remarkable of all. No one claimed that the NotW hacked into voicemail messages in order to get access to personal data; they had other private detectives who blagged their way in to do that.

All of this is potentially setting NI up for a massive fall. They must be pretty damn certain that the Met's investigation doesn't contradict their denials, and that the investigation is not going to enter the public domain, because if it does, one imagines that the Guardian will do a rerun of their Jonathan Aitken front page, except with the headline changed from "He lied and lied and lied" to "They lied and lied and lied". Instead, they must be incredibly confident that all that's going to come of this is some further legal claims by those named, in which they will only pay out again in return for silence and confidentiality.

The statement then rehashes Wade's comments about the ICO investigations:
The report concerned the activities of a private investigator who, between April 2001 and March 2003, supplied information to 32 newspapers and magazines including, incidentally, the Guardian's sister newspaper, The Observer, which according to the Information Commissioner was ninth worst "offender" out of the 32. The information supplied was deemed to be in breach of the Data Protection Act 1998.

The Guardian though made no attempt to hide the fact that the Observer had featured on Richard Thomas's list, unlike the Sun, which unsurprisingly didn't so much as mention the IC's revelations. The Times meanwhile printed part of the list, while making no mention of the fact that its parent company also owned the Sunday Times and News of the World, while snipping the list so that the Sun didn't feature on it.

Perhaps the most revealing part of the statement is left until near the end:

Since February 2007, News International has continued to work with its journalists and its industry partners to ensure that its journalists fully comply with both the relevant legislation and the rigorous requirements of the PCC’s Code of Conduct.

Since Feburary 2007. In other words, NI is making no attempt to defend Andy Coulson, who isn't so much as mentioned. If there was funny business going on, it was his fault and no one else's, and our executives are blameless. Speaking of which:

Finally, we would like to make it clear that despite the Guardian suggesting otherwise, the departure of Managing Editor Stuart Kuttner has no connection whatsoever with the events referred to above. The Guardian were informed of this position from the outset and chose to mislead the British public.

Except the Guardian did no such thing. The closest it came to alleging any connection was this article by James Robinson.

In the end, it might come down to who you're more likely to believe. Is it News International and the News of the World, which we now know repeatedly did what it previously denied it, and attempted through cosy confidentiality to deny the public and other potential victims from knowing about its payouts, or is it the Guardian, whose original report has at least partially now been fully vindicated by NI themselves? I know what my choice is.

Labels: , , , , , , , , , , , ,

Share |

Thursday, July 09, 2009 

The dark arts come back to haunt Andy Coulson.

In a way, it's surprising that the "phone hacking" story has only gone nuclear now. The only real new information Nick Davies provided yesterday was that the News of the World had to pay out to three different people after their messages were intercepted, about which News International must be absolutely seething; that potentially "thousands" of celebrities and politicians had their voicemail illegally accessed; and that, perhaps in good faith, News International executives misled a parliamentary select committee, not to mention also the Press Complaints Commission and the public.

While most are only following this story back to when Clive Goodman was found, with the help of the private investigator Glenn Mulcaire, to have intercepted the messages of Prince William, as well as other flunkies in the royal household, it in fact goes further back to the arrest of Stephen Whittamore, a private detective who was used by almost every national tabloid, as well as a few broadsheets, to gain information not just from cracking into mobile phones but also from national databases which he had more than a knack of blagging into. Whittamore, for reasons known only to himself, kept a complete database of every request from every newspaper and from every journalist, a database which was then seized by the Information Commissioner, Richard Thomas, and released back in December 2006, albeit sans the details concerning the journalists themselves. The News of the World wasn't even top of the list, although there were still 19 journalists making 182 separate transactions. Top was the Daily Mail, clearly Whittamore's top clients, with a staggering 58 separate hacks or employees making a total of 952 requests for information. The ICO's reports, What Price Privacy? and What Price Privacy Now? (both PDFs) went into further details on the extent of blagging.

The most comprehensive account of Whittamore's arrest and subsequent trial was in... Flat Earth News by none other than Nick Davies. Davies dedicates an entire chapter in the book to what became known in various newspaper offices as "the dark arts". Some, it must be stated, have used "the dark arts" quite legitimately in stories which were clearly in the public interest, especially during the 90s. Equally clearly however it soon got completely out of control, and the laziest of journalists turned to these "private investigators" as their first port of call, even just to gain home addresses which were otherwise freely available. The key difference between Whittamore and Goodman and Mulcaire is that they were prosecuted under different legislation. Whittamore was tried under the Data Protection Act, having breached and blagged his way into numerous national databases, including the police's, which was his undoing, while Goodman and Mulcaire, having only been identified as gaining access to mobile phone voicemail boxes, were tried under the Regulation of Investigatory Powers Act. The then Information Commissioner, Richard Thomas, had wanted the law tightened so that journalists caught using private detectives to access national databases would face a potential jail sentence; this was fought off through lobbying by Associated Newspapers, News International and the Telegraph group, which remarkably today said nothing about the Guardian's new revelations, although tomorrow it does have a follow up.

It is then ridiculous that this is the Graun out to get Andy Coulson in some sort of pact with Labour, as some Tory bloggers have claimed, especially considering just how critical the paper has been recently of Gordon Brown. Rather, this is simply good old-fashioned journalism by Nick Davies, following his investigation up to the bitter end, and having found an uncannily good source that told him about the payouts to Gordon Taylor and others. It's also remarkable that News International has not denied a single thing about the Guardian story, instead simply stating that they are bound by the confidentiality of the settling of the cases.

What does stink however, and is even more remarkable has been the Metropolitan police's amazingly fast review of the evidence, which established in double quick time that there was no need for a reinvestigation, and that John Prescott's phone, as alleged by the Graun, had not been one of those hacked into. Before passing judgement and looking into potential conspiracy theories, we should note that we're still uncertain just how far the Met's investigation into the hacking and blagging which was going on in Wapping went. Nick Davies on Newsnight made his own thinking clear on John Yates' statement, suggesting that they had narrowed it down specifically to that which Clive Goodman was involved in, or at least had so that they wouldn't have to look again. Instead, as the papers revealed during Gordon Taylor's civil action suggested, the police appear to have conducted a thorough investigation into what had been going on as a whole, and this uncovered the at least hundreds of examples, if not thousands as the Guardian has said, of phones being hacked into.

Whatever the case, that Yates has reviewed the case so quickly, not even taking a whole day to delve into what could well have hundreds if not thousands pages of evidence, suggests that the police were minded from the outset only to go after the hacking of the royals. That, it seems, was crossing an invisible line. It's worth remembering that the Metropolitan police and indeed the police as a whole have had remarkably good relations, not just with the News of the World, but also with the News International stable as a whole. There was Rebekah Wade back in 2003 inadvertently spilling the beans that her papers had previously paid the police for information, not to mention the times when the Met was more than willing to believe the line that was spun at them by Mahzer Mahmood, both in the Victoria Beckham kidnap plot that never was, and in the "red mercury" plot that equally never existed. Then there was the Forest Gate terror raid, where the News of the World was first provided with mugshots of the brothers involved and of an account which claimed one of them had in fact shot the other, rather than the police shooting one of them, which was completely untrue. Later the paper was leaked claims that a search of a computer from the home and of a mobile phone revealed child pornography, although no prosecution was forthcoming. It would be no surprise whatsoever if the Met simply decided that it was in no one's interests, and certainly not theirs, that anyone other than Goodman and his partner in crime should be the ones to cop the blame. Whether the Crown Prosecution Service will feel the same way remains to be seen, and their announcement that they would be reviewing the evidence might yet reveal them as being more willing to take on the might of News International.

To treat Andy Coulson with some fairness which he perhaps doesn't deserve, it's unfortunate that this entire mess has been raked over now. It was utterly laughable from the very beginning that he didn't know what was going on right under his nose; the simple fact that Mulcaire was being paid such vast sums of money for his work, over £100,000 a year, far in advance of what the hacks themselves would have been earning, and this in an organisation in which the ultimate authority is notoriously parsimonious about how his money is spent, makes a nonsense of the idea that he didn't know what he was doing. What should have happened back in January 2007 was a complete audit of the press by its regulatory body, a thorough investigation in which it demanded to know just how widespread such practices were, and from which specific guidelines, if not legislation, would be drawn up to stop the casual breaking of the law in search of such petty and not in the public interest information. Instead it almost seems as if there was an agreement between the PCC and the News International that as long as Andy Coulson also went, it would say nothing and everything could return to normal, as Roy Greenslade insinuates might well have happened. This was just a one-off, even if the Steve Whittamore raid proved comprehensively that it wasn't.

Indeed, if we were being fair this wouldn't be about the News of the World, Murdoch or Coulson at all. This would about a press that is getting ever more desperate as its condition weakens. Perhaps the excesses which it once resorted to, especially during the 80s, are not quite being plumbed, although the Alfie Patten case, the Sunday Express's Dunblane story and now this all certainly come close. The one thing that is now needed is confirmation that these practices, except in cases of the utmost public interest, have ceased. The PCC has shown itself to be woefully inadequate to confirm just that. Self-regulation, at least in its current toothless form, has failed. If Coulson wants to save his job, he perhaps ought to be telling his boss that those hated privacy laws might now be needed after all.

Labels: , , , , , , , , , , , ,

Share |

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

Labels: , , , , , , , , , , ,

Share |

About

  • This is septicisle
profile

Links

Powered by Blogger
and Blogger Templates