News In Focus
24 February 2010
No privacy legislation needed for now, MPs say
This is not the time to legislate on privacy, but other measures should be considered to balance the right to privacy and the right to freedom of expression, according to a committee of MPs.
In its Report on Press Standards, Privacy and Libel, published today, the House of Commons Select Committee examines recent cases such as that brought by Max Mosley against the News of the World. It recommends that the Press Complaints Commission should amend its code to include a requirement that journalists should normally notify the subject of their articles prior to publication, subject to a "public interest" test, and should provide guidance for journalists and editors on pre-notifying in the Editors' Codebook.
Failure to pre-notify should be an aggravating factor in assessing damages; but to balance this, there should be a fast track procedure for a final decision where an interim injunction banning publication of a story has been granted, or where a court refusal has been appealed.
The MPs also seek action by the Lord Chancellor and the Lord Chief Justice on concerns regarding injunctions more generally, in cases of both breach of privacy and confidence.
"More proactive" PCC
In other sections of the report, the committee expresses concern at the development of "libel tourism" in England & Wales, and the retaliatory actions of some American states in enacting that foreign libel awards shall be unenforceable in those states, and supports a review of the current defamation laws.
It also condemns the conduct of the News of the World over phone hacking, accusing it of "collective amnesia" over the extent of the practice; and deplores the "inexcusable lowering of standards" in newspaper reporting of the disappearance of Madeleine McCann. It recommends that the PCC should be renamed the Press Complaints and Standards Commission, and should be more proactive in dealing with "serial breaches" of its code of practice, with power to fine in serious cases.
Committee chairman John Whittingdale said: "A healthy democracy requires a free press. It is essential that newspapers should be able to report and comment on events, public figures and institutions, to be critical of them and to be a platform for dissenting views.
"At the same time, the press must be seen to uphold certain standards, to be mindful of the rights of those who are written about and, as far as possible, be accurate in what they report."
Mr Whittingdale said there was increasing evidence that investigative journalism was being deterred by the threat and cost of having to defend libel actions, adding "This is a matter of serious concern to all those who believe that a free press is an essential component of a free society.
"This report's recommendations are therefore designed to reduce the cost of libel actions and to correct the balance which has tipped too far in favour of the plaintiff."
"At the same time, we want to see the self-regulatory system under which the press operates strengthened in order to increase its credibility and ensure that standards are maintained."