Editors Weblog: US blogger may have to name sources; cannot prove role as journalist

Good round up from the Editors Weblog of the case of US blogger Shellee Hale, who may be required to reveal her anonymous sources behind comments she left on an online messageboard.

Despite offering proof of her journalistic credentials Hale’s submissions were ruled as insufficient evidence of her professional status. As such she  is not covered by New Jersey’s state shield law, which allows journalists to keep sources private.

Full post at this link…

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Tapping/hacking/blagging – the terminology

Media reports refer to both ‘phone tapping’ and ‘phone hacking’ when discussing the Guardian’s investigation into the use of private investigators by News International journalists.

But what exactly were the PI activities alleged to have taken place at the request of journalists?

Phone hacking. This is the term the Guardian uses in its reports, which includes a number of alleged activities. It reported: “Hacking into messages on mobile phones is covered by the same law which now regulates phone tapping and other forms of covert information-gathering, the Regulation of Investigatory Powers Act 2000, known as RIPA.” There is no public interest defence for breaking this law. Activities alleged by the Guardian include:

• Hacking into mobile phone voicemail accounts, the crime NOTW journalist Clive Goodman and private investigator Glenn Mulcaire were convicted for in 2007.

• Illegal hacking ‘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’.

Guardian tech editor Charles Arthur describes how, in further detail at this link, voicemail hacking can be done very simply – via the four digit pin code.

• However, new methods could now be in use by PIs (no specific allegations made). Arthur quotes a senior security analyst at McAfee: ‘a number of products [are] out there which claim that they will let you listen to someone’s mobile conversations, forward their SMSs and tell you the numbers they have dialled’.

• In addition, Arthur reports, ‘it might be feasible to clone the connection between a Bluetooth headset and phone so an eavesdropper could connect to the phone while its owner was briefly out of earshot. A hacker could get numbers and contact information’.

Phone tapping. Assistant commissioner for the Metropolitan Police, John Yates, in his statement yesterday, referred to the Mulcaire and Goodman case. He said:

• “Our inquiries found that these two men had the ability to illegally intercept mobile phone voice mails, commonly known as phone tapping.”

However, the term ‘tapping’ can also indicate other kinds of interception of communications systems e.g wire tapping / obtaining post. In this BBC Q&A from 2006 it is stated that there are three ways a mobile phone can be tapped:

“This can be done either at the handset, or during the conversation – which is illegal and very expensive – or through the mobile phone company which connects the device.”

• Human Rights group Liberty has a guide here.
• ‘Interception’ defined by RIPA here.

Blagging. The Guardian reports that this could include obtaining access to confidential databases, such as telephone accounts, bank records and information held by the Driver and Vehicle Licensing Authority, which is covered by a different law, the 1998 Data Protection Act: “Section 55 makes it an offence to gain unauthorised access to such data, punishable by a fine. However, unlike RIPA, this offence carries a public interest defence.”

The Guardian reports on a series of ‘dark arts’ methods used by PIs, including:

• Obtaining ex-directory landlines, tax records, social security files, bank statements, mobile numbers, people’s addresses or people’s phone bills and medical records.

• Conning BT, the DVLA, mobile phone companies and other organisations into handing over private details.

Similar posts:

• Phone hacking: Journalists who paid me should have been prosecuted too, says convicted PI
• MediaGuardian: Phone records suggest 100 accounts hacked by NOTW
• Guardian: Andy Coulson denies phone-hacking at Sheridan trial
• Phone hacking: Lib Dem MP raises question of Tessa Jowell’s phone
• How not to get your phone hacked

#FollowJourn – @adamwestbrook/multimedia journalist

#FollowJourn: Adam Westbrook

Who? Multimedia journalist, blogger and filmmaker.

What? He currently works for Bauer Media as a broadcast journalist.

Where? @adamwestbrook or his excellent blog on broadcasting and journalism.

Contact? You can leave a comment for him on his blog at this link.

Just as we like to supply you with fresh and innovative tips every day, we’re recommending journalists to follow online too. They might be from any sector of the industry: please send suggestions (you can nominate yourself) to judith or laura at journalism.co.uk; or to @journalismnews.

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#Tip of the day from Journalism.co.uk – find contemporary images for your report

Images: Use PicFog to search for contemporary images to accompany your article or blog post. It relies on pics posted to Twitter so also ties in with trending topics on the microblogging platform. Tipster: Laura Oliver.

To submit a tip to Journalism.co.uk, use this link – we will pay a fiver for the best ones published.

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Marc Vallée: The Met’s new photography guidelines

Photojournalist Marc Vallée comments on the new guidelines issued by the Metropolitan police service (MPS) for the public and the media on photography in public places, over at the Guardian’s Comment is Free. Full post at this link. He writes:

“It details the Met’s interpretation of anti-terrorism legislation, and how these laws should be used against photographers. Professional photographers such as myself view it as part of an ongoing campaign to create a hostile environment for photography in the public sphere.”

One area highlighted by Vallée:

The advice covers section 44, section 43 and section 58a of the Terrorism Act 2000 (58a is more commonly known as section 76). On sections 44 and 43, the MPS say that “officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched”.

Vallée says that guidance for section 76 of the Counter Terrorism Act 2008, which came into force at the beginning of this year, is key.

“It amends the Terrorism Act 2000 to make it an offence to elicit or attempt to elicit information about an individual who is or has been a member of the armed forces, intelligence services, or a police officer in Great Britain – this has been an offence in Northern Ireland since 2000.”

What does the guidance say?

The MPS advice says that section 76 (58a) “should ordinarily be considered inappropriate to use… to arrest people photographing police officers in the course of normal policing activities, including protests”.

What does Vallée say?

“Section 76 should be scrapped.”

Guidelines at this link…

Vallée spoke about these issues at the Frontline Club this week. Video below:

Background on Journalism.co.uk Editors’ blog:

• April 17, 2009: Guardian.co.uk: ‘Marc Vallée on journalists on the front line at G20′

• December 2, 2008: ‘Stop-and-search: new guidance for police treatment of photographers’

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Reuters’ Handbook of Journalism goes online in full

“The handbook is the guidance Reuters journalists live by – and we’re proud of it,” writes Dean Wright, global editor, for ethics, innovation and news standards at Reuters.

“Until now, it hasn’t been freely available to the public. In the early 1990s, a printed handbook was published and in 2006 the Reuters Foundation published a relatively short PDF online that gave some basic guidance to reporters. But it’s only now that we’re putting the full handbook online.”

Full story at this link…

Handbook of Journalism at this link. Sections include:

1. Standards and Values
2. Guide to Operations
3. General Style Guide
4. Sports Style Guide
5. Specialised Guidance
6. Links

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The only place you’ll find mention of newspaper phone hacking on the Sun website…

On the Sun Online’s discussion board Barton71 reports (via the BBC):

“Rupert Murdoch’s News Group paid £1m in court costs after its journalists were accused of involvement in phone tapping to get stories, it has been claimed”.

http://www.thesun.co.uk/discussions/posts/list/News_Corp_and_Illegal_Hacking-199512.page

But it might not stay around long, given the fate of the My Sun discussion at this link:

(hat-tip @littlerichardjohn in the Guardian.co.uk comments):

Google captures some of it here:

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OhmyNews calls on readers for funding – a contributor reacts

OhmyNews, the South Korean-led citizen journalism venture, is appealing to contributors and readers for money, according to an open letter from its publisher Oh Yeon-ho (via MediaGuardian.co.uk).

Last year OhmyNews was 700 million KRW in the red and halfway through 2009 was making a loss of 500 million, despite cutting salaries and 10 staff, the statement says.

In January the site ended its payment scheme for contributors to its international site.

The site has launched the ’100,000 member club’ – a project asking individuals to donate 10,000 KRW (about £4.83) a month to fund OhmyNews.

It’s aiming to sign up 10,000 members by the end of the year and 100,000 by the end of three – special benefits will be on offer to members.

The move is partly a result of ideals:

“I am asking you to become part of a revolution. In the past, about 70 to 80 per cent of OhmyNews’ revenue came from corporate advertising and sponsorships. In contrast, contributions from readers only totalled five per cent of total revenue,” writes Yeon-ho in the letter.

“I have always believed that if we are truly a citizen participatory internet media than the contributions from readers should be at least half of the total revenue.

“OhmyNews has succeeded in creating a revolutionary model for news production and consumption, but only if we can also create a new revolutionary revenue model, then can we call ourselves a true citizen participatory new media.”

But perhaps, more significantly, a sign of the times:

“We are grateful for the remaining advertisers that have stayed with us. But we cannot continue to ask our advertisers for further support. And in contrast, we have not received a cent from the Lee Myung-bak government for central government advertising.”

Journalism.co.uk asked OhmyNews contributor, retired Australian journalist and editor of the ‘A Word A Day’ newsletter,  Eric Shackle whether he thought the club was viable:

“I don’t think any newspaper or website in the world could find 100,000 readers prepared to pay for its survival.

“Ever since the internet was invented, it’s been free. Today it offers an incredible range of services, including news, and it’s all free. People won’t pay for anything they can get for nothing.

“OhmyNews was an innovator in its field, and attracted millions of hits from a worldwide audience. It offered a wide selection of interesting stories from citizen reporters and experienced journalists who were not seeking large rewards. It had no competitors, but today it has many overseas rivals.

“I fear that in a few years few, if any, newspapers will be printed in ink-on-paper hard copy, which will be good for the environment.  Those that survive the economic meltdown will be wholly electronic, produced by far fewer journalists than are employed today. If they can’t make a profit, they will have to be run by independent not-for-profit trusts subsised if necessary by local authorities or national governments.

“We certainly need to be informed of important events, and responsible, well-paid, full-time journalists will always be needed to provide that information.”

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Who will the PCC question at NOTW if it re-opens investigation into phone hacking?

Will the PCC question News of the World’s Stuart Kuttner, who yesterday stepped down as the paper’s managing director, if it re-opens the investigation into phone hacking?

[Update 10.07.09: News International said the 'departure of managing editor Stuart Kuttner has no connection whatsoever' with events referred to in a statement]

In evidence given to the House of Commons culture select committee in April, Nick Davies criticised the PCC for failing to hold the News of the World to account on charges of phone hacking:

Mr Davies: If you say to [Andy] Coulson, “Come and give evidence even though you are no longer an editor” and if he says, “No” then that is an interesting tactical failure on his part. It is not just the editor of the paper; what about the managing editor? Why not call Stuart Kuttner, the managing editor of the News of the World, who has been there for years and who has a special responsibility for contracts and money? Why not call him to give evidence? There was a real will on the part of the PCC to avoid uncovering the truth about phone hacking.”

The PCC is now looking at the case again in light of Nick Davies’ exclusive report for the Guardian and could re-open the investigation. So who will they question?

Stuart Kuttner, as Davies suggested? “Kuttner will remain at the News of the World part time to work on special projects for the tabloid, including its Sarah’s Law campaign,” the Guardian reported yesterday.

The PCC decided not to question former News of the World editor Andy Coulson (as we write, he is still the Conservative Party’s communications director) for its 2007 inquiry, citing that he was not longer ‘answerable to the PCC’.  But would they question Kuttner, in his new part-time role?

In 2007 the PCC stated in its report on subterfuge and newsgathering:

“Despite Mr Myler’s [new News of the World editor] appointment, the question arose whether the PCC should ask Mr Coulson to give an account of what had gone wrong. The PCC decided not to do so. Given that the PCC does not – and should not – have statutory powers of investigation and prosecution, there could be no question of trying to duplicate the lengthy police investigation. Furthermore, Mr Coulson was, following his resignation, no longer answerable to the PCC, whose jurisdiction covers journalists working for publications that subscribe to the self-regulatory system through the Press Standards Board of Finance.

“As a result, that part of the investigation involving the News of the World was conducted by the Director of the PCC with Mr Myler.  The Chairman of the Commission also discussed the matter on a number of occasions with the Chief Executive of News International, Mr Les Hinton.”

The PCC stated today:

“Any suggestion that further transgressions have occurred since its report was published in 2007 will be investigated without delay. In the meantime, the PCC is contacting the Guardian newspaper and the Information Commissioner for any further specific information in relation to the claims, published today about the older cases, which suggest the Commission has been misled at any stage of its inquiries into these matters.”

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• Phone hacking liveblog: Coulson and Kuttner’s evidence
• Commons committee hearing tomorrow: It’s Andy Coulson’s turn…
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Event: Reuters hosts social media Q&A with Lib Dem’s Nick Clegg – take part!

On Monday (July 13) Liberal Democrat leader Nick Clegg will take part in a public question and answer session with a difference.

Clegg will respond to questions solicited via a range of social media sites in a livestreamed event – something that the politician himself has described as changing ‘the way we do politics’.

The event is the latest in a series of sessions subjecting high-profile figures in the world of politics and business to social media scrutiny – but previous participants, including Gordon Brown, David Cameron and Bob Zoellick, used the q&a session as a follow-up to a speech. Clegg will just be responding to questions from the public and online audience.

Journalism.co.uk is going to co-host part of the proceedings – it’s a great opportunity for us to see how Reuters runs these events and why and how they are opening it up/distributing it in this way.

How to get involved:
According to Reuters, nothing is off limits. If you want to put a question to Clegg before or during the event, you can:

• Leave a comment on this post or on the Reuters Great Debate post about the event
• Using Twitter – tag your questions with #askclegg
• By tagging a video question on the site 12 Seconds with ‘nickclegg’

Clegg has posed some questions of his own on 12 Seconds; or perhaps you’d like to challenge his statements on the war in Afghanistan?

How to follow the event:
There will be a live video stream of the event on the Journalism.co.uk Editors’ blog and on the Reuter’s hosting page. You can also follow some of the event on the Reuters New Editors Twitter channel.

Journalism.co.uk will attempt to aggregate some of the tweets around the event as well as featuring coverage on @journalism_live.

Any other suggestions of how you’d like us to cover it – please chip in.

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