Tag Archives: Legal

Leveson inquiry: Seminar dates announced as publishers express concern over panel

The make-up of the panel of the Leveson inquiry, the public inquiry which will examine press standards, media regulations and the phone-hacking scandal, has come under criticism for lacking in tabloid and regional press representation.

In July prime minister David Cameron announced the line-up for the panel of experts who would assist with the public inquiry:

  • civil liberties campaigner and director of Liberty, Shami Chakrabarti;
  • former chief constable of the West Midlands, Sir Paul Scott-Lee;
  • former chairman of Ofcom, Lord David Currie;
  • former political editor of Channel 4 news, Elinor Goodman;
  • former political editor of the Daily Telegraph, and former special correspondent of the press association, George Jones;
  • former chairman of the Financial Times, Sir David Bell.

The Guardian reports that Associated Newspapers, publisher of the Daily Mail, as well as Trinity Mirror, the Newspaper Publishers’ Association and Guardian News & Media, raised some concerns about the panel during a hearing today (Wednesday, 28 September).

Leveson indicated that he would consider whether to appoint extra advisers in response to Associated’s complaint. The judge said that he would reserve his decision, noting that the “pressures on the Liverpool Echo will be different to the pressures affecting the Mirror and the Sun; different to the pressures affecting the Observer”.

Today the inquiry also announced the dates for two seminars in connection with the inquiry, to be held on 6 and 12 October, which will explore some of the key public policy issues raised by its terms of reference and to hear expert and public opinion on those. More details on content and participants will be announced on the inquiry website shortly.

Metropolitan Police statement on dropped action against Guardian

The Metropolitan Police has said it will no longer pursue plans to apply for a court order which would force the Guardian to hand over documents revealing sources of some of its phone hacking coverage.

Here is our story on how the Met has dropped plans to order Guardian source disclosure. Below is the police force’s statement in full, as issued yesterday (Tuesday):

The Metropolitan Police’s Directorate of Professional Standards yesterday consulted the Crown Prosecution Service about the alleged leaking of information by a police officer from Operation Weeting.

The CPS has today asked that more information be provided to its lawyers and for appropriate time to consider the matter. In addition the MPS has taken further legal advice this afternoon and as a result has decided not to pursue, at this time, the application for production orders scheduled for hearing on Friday, 23 September. We have agreed with the CPS that we will work jointly with them in considering the next steps.

This decision does not mean that the investigation has been concluded. This investigation, led by the DPS – not Operation Weeting, has always been about establishing whether a police officer has leaked information, and gathering any evidence that proves or disproves that. Despite recent media reports there was no intention to target journalists or disregard journalists’ obligations to protect their sources.

It is not acceptable for police officers to leak information about any investigation, let alone one as sensitive and high profile as Operation Weeting.

Notwithstanding the decision made this afternoon it should be noted that the application for production orders was made under the Police and Criminal Evidence Act (PACE), NOT the Official Secrets Act (OSA).

The Official Secrets Act was only mentioned in the application in relation to possible offences in connection with the officer from Operation Weeting, who was arrested on August 18 2011 on suspicion of misconduct in a public office relating to unauthorised disclosure of information. He remains on bail and is suspended.

Separately, the MPS remains committed to the phone hacking investigation under Operation Weeting.

Milly Dowler phone hacking settlement reaches more than £1m, say reports

It is being reported this afternoon (19 September) that the family of Milly Dowler has been offered a settlement of more than £1 million by News International in ongoing negotiations.

The Guardian is reporting that it understands News International has made an offer which has been “estimated by sources” at being more than £2 million, which includes a charity donation.

Sky News is reporting that the settlement is “likely to top £1 million”. The BBC has tweeted that News International is “close to agreeing seven-figure financial settlement”.

http://twitter.com/#!/BBCBreaking/status/115822177617588224

The company closed the News of the World following allegations that the phone of murdered schoolgirl Milly Dowler was hacked while she was missing in 2002.

The lawyer Mark Lewis, who is acting for the family, had no comment. News International had not responded to a request for comment at the time of writing.

Independent: News International ‘on course to pay any damages against Glenn Mulcaire’

The Independent reports today that News International could still be obliged to pay any damages awarded against private investigator Glenn Mulcaire to alleged victims in civil phone hacking cases.

According to the Independent it has obtained a previously protected High Court document which shows that News International “has not cut its financial ties” with Mulcaire, despite an announcement by the media company that it would stop paying his legal fees.

Mulcaire lodged a lawsuit against News International last month over the company’s decision to stop paying his fees in a number of ongoing cases in which he is a defendant.

The claim document, lodged in the Chancery Division of the High Court, details the close-knit legal relationship that existed between Mr Mulcaire’s legal team and the Murdoch UK media company.

… But it goes on to state that the letter “did not to purport to withdraw the indemnity in respect of damages” – meaning that a previously unacknowledged undertaking by News International to pay any cash settlements against Mr Mulcaire remains in place.

But News International has responded to say there was “no agreement whatsoever”.

News International announced in July that it would stop paying Mulcaire’s fees, after News International chairman James Murdoch told the culture, media and sport select committee he had been “surprised and shocked” to find out “certain legal fees were paid for”.

Telegraph: James and Rupert Murdoch to be questioned under oath

The Telegraph reported yesterday that both James and Rupert Murdoch are to be questioned under oath in the High Court as part of the Lord Leveson inquiry into phone hacking.

According to the paper’s report Lord Leveson is also “keen” for the inquiry to be broadcast live. A Cabinet Office spokesman declined to comment on whether the Murdochs will be questioned, but told Journalism.co.uk live coverage of the inquiry is being looked into.  The closing date for submissions to the inquiry is tomorrow, with reportedly “dozens of letters” already having been sent to potential witnesses to ask for their input.

The Murdochs, as well as Andy Coulson and Rebekah Brooks, both former editors of the News of the World, are likely to be called.

David Cameron and other senior politicians are also likely to be questioned over their links to News International, the parent company of the News of the World.

Today Reuters also reported that lawyers for News International are carrying out “a broad inquiry into reporting practices at all of the company’s UK newspapers”.

Citing sources who have been briefed about the inquiry Reuters reports that lawyers for law firm Linklaters will be “looking for anything that US government investigators might be able to construe as evidence the company violated American law”.

In addition to conducting personal interviews with selected journalists, lawyers will also be looking at email and financial records, said this source.

A News International spokesman confirmed that a review of journalistic standards is underway at News International, which Linklaters is assisting with.

“This is part of a process that started a number of weeks ago and is under the ultimate control of the News Corp board through the independent director Viet Dinh, Joel Klein and the Management and Standards Committee”.

Alleged hacker’s bail hearing divides news outlets over reporting restrictions

Jake Davis arrives at Westminster Magistrates Court. Image: Anthony Devlin/PA

The arrest of Jake Davis, an 18-year-old from the Shetland Islands who is alleged to be a key member of hacker collective LulzSec, was widely reported by national news organisations last week.

Like his arrest, Davis’ bail hearing at Westminster Magistrates Court yesterday was well covered, receiving top billing on both the Channel 4 News and Telegraph websites for several hours in the afternoon.

But the story divided the major news organisations over what they should and should not report from the hearing, based on restrictions put in place by section eight of the Magistrates Courts Act 1980. The Act, which is designed to minimise the risk of prejudicing any future trial, automatically places reporting restrictions on hearings which are in effect unless lifted by the judge. They permit journalists to report only the following:

1. Name of the court and names of the magistrates
2. Names, addresses and occupations of parties and witnesses and ages of the accused and witnesses
3. Names of counsel and solicitors in the proceedings
4. Offences with which the accused is charged, or summary of them
5. Any decision to commit the accused or any of the accused for trial; any decision on the disposal of the case of any accused not commuted
6. The charge or charges, or a summary of them, on which the accused is committed for trial; the court to which he or she is committed
7. Bail arrangements, including conditions of bail, but not any reasons for opposing or refusing it
8. Whether legal aid was granted
9. If proceedings are adjourned, the date and place to which they are adjourned
10. Any decision of the court to lift or not lift these reporting restrictions.

Point 6, which allows for the reporting of the charges against the accused, extends to anything detailed on the charge sheet submitted in court. Some news outlets stuck hard and fast to the rules, but others, including Channel 4 News, the Telegraph, the Independent, and the Times, reported additional details of the evidence against Davis that are technically protected by the restrictions.

Reporting details not listed in the Magistrates Court Act or covered by the charge sheet would not put a news outlet in contempt of court, but it would be a breach of the Act and carry a possible £5,000 fine.

Following a discussion between Channel 4’s news team and lawyer, its article was amended shortly after publication to remove the details in question.

The Telegraph also changed its story, in which the headline and first and second paragraphs were based on restricted details, although only this morning after I had queried the legality of the piece with a press officer there. The paper refused to comment on the reasons for amending its coverage.

The Independent article, which reports the same details of evidence against Davis as the Telegraph previously had, plus quotes from the defence and prosecution lawyers that appear to have been said in the hearing, remains unchanged at the time of publishing. The Times article also remains unchanged. No one from the Independent or the Times was available to comment at the time of publishing.

The differing approaches of national news organisations reflect something of a grey area over what should and shouldn’t be reported from hearings under the Magistrates Court Act. The Act has never been strictly observed by news outlets, a lawyer at a national newspaper told me, saying that the guiding principle tended to be whether the details reported risked prejudicing a future trial.

David Allen Green, head of media at law firm Preiskel & Co LLP, told Journalism.co.uk that the reporting of committal hearings is a “legal minefield,” adding: “Even experienced journalists and editors can get the law wrong.”

Media law consultant David Banks said that journalists tend to “push at the boundaries” of the Act but that prosecutions are rare, and only likely if the details reported by the press were in dispute in court or likely to prejudice a trial.

Newspaper Society welcomes call for scrapping of media access to family court plans

The Newspaper Society today (21 July) issued a statement to say it welcomed the conclusions of a justice committee report that called for government to scrap the provisions in the Children, Schools and Families Act 2010, which would allow media access to family courts.

The committee report was actually published last week, but in an article today, the society claims the provisions, if brought into force as they stand, “would have resulted in a renewed regime of secrecy – instead of opening up the family courts, as originally intended”.

The NS had said this “will not only fail to deliver the desired public accountability but will represent a major reduction in what can now be lawfully published and will actually further reduce public debate and discussion of the family justice system”.

However, the society added that it is “disappointed” at what it claims is an impression given by the report that “the desire for greater openness and accountability in the family justice system, and that of preserving privacy for the families involved, particularly children, are positions which are necessarily polarised”.

Sue Oake, senior legal adviser at the Newspaper Society, said: “The media has repeatedly stressed that it entirely accepts the need to ensure anonymity for the children and families concerned and we are disappointed that once again this does not appear to have been sufficiently acknowledged.”

LIVE: Former senior Met officers face MPs

Follow our live blog of today’s (July 19) Commons select committee appearances by former Metropolitan Police commissioner Sir Paul Stephenson and former assistant commissioner John Yates, and the director of public affairs Dick Fedorcio.

You will need to refresh this page for updates.

 

12:43pm: Julian Huppert says that he cannot find any public declaration of Stephenson’s hospitality at Champneys.

Stephenson says that he put it into the hospitality register, and it will be published in due course.

12:42pm: Stephenson is giving assurances to Keith Vaz that he never met Andy Coulson and Neil Wallis together.

He adds that Wallis had “a minor part-time role” through which he received a small amount of advice.

Vaz asks whether Stephenson was consulted before Wallis was employed.

Stephenson says he was, along with Dick Fedorcio, but stresses that he now regrets that contract as it has become “embarrassing”.

He says that he was confident Fedorcio would conduct the proper checks on Wallis at the time of employment. Stephenson says that he was not involved in the procuremnt process of Wallis, and did not know that Wallis’ daughter was also employed by the Metropolitan police, and only found out at the weeklend.

12:41pm: Labour’s David Winneck asks Stephenson about the assurances he gave to the Guardian in July 2009, after the newspaper published fresh allegations about the case.

Stephenson says he suggested that Guardain editor Alan Rusbridger speak directly to John Yates.

12.40pm: Stephenson is asked if there are question marks about a person involved receiving such hospitality? Wouldn’t a superior be asking questions about this sort of relationship?

Stephenson said it was declared and put in his hospitality register, even though that was not needed. It was not a secret, he said.

12:39pm: David Winneck says he is not questioning Sir Paul’s integrity. But asked, leaving aside Wallis’ position, was there not a situation which was inappropriate for any police officer to receive such substantial hospitality.

Stephenson says he does not think so. He says the owner of Champneys is a family friend connection, he paid for many treatments and it enabled him to get back to work very quickly. “I think it was damnedly unlucky Wallis was connected, he said.

12:38pm: Stephenson says the connection to Champneys was a family connection, and that it was not inappropriate but “damnably unlucky”.

12:37pm: Stephen McCabe asks Stephenson about his knowledge of Wallis’ business connection with Champneys, where Stephenson stayed after accepting a week’s free hospitality there.

Stephenson says he knew of no one that knew Wallis was conected with Champneys.

McCabe asks whether, “in normal circumstances”, he should expect his senior officers to know that Wallis was connected with Champneys, especially given that John Yates said he was a “personal friend” of Wallis.

12:35pm: Nicola Blackwood asks Stephenson about his statement that he has no reason to suspect Wallis was involved in phone hacking. And yet in the year he met Wallis, the ICO report was released stating that there was a “widespread” market in police information to journalists.

News of the World was listed in the report, with 228 transactions. Blackwood asks, do you not think that should have alerted you to the possible that Wallis could have been involved?

Stephenson says that Wallis was not named, and reiterates that his job was to prioritise risks. He looked at high-profile risks.

He says there was no reason for the ICO report to be on his desk, above the nightstalker case or the Stephen Lawrence case.

12:33pm: Julian Huppert asks about the morale of the Metropolitan Police going forward.

Says he was stopped by a Metropolitan Police officer who said he was embarrassed by the senior officers.

Huppert asks about what his successor can do to improve morale.

Stephenson says he has spoken to many police officers following his resignation who have spoken about their pride, and says it is proper to walk away before interfering with an investigation.

12:31pm: Stephenson is asked why, prior to his resignation, he did not tell the prime minister about Wallis.

Stephenson says he “would not want to open to the prime minister or anyone else to such compromise”.

Adding that he has not told the prime minister or home secretary about any other suspects in the case.

Stephenson says he would also not want to compromise the mayor, and so did not tell him about the arrest of Rebekah Brooks in advance either.

12:29pm: Bridget Phillipson asks Stephenson whether he should have been alerted sooner to the issues concerning Wallis.

Stephenson says he could not have been alerted sooner, that there was no one able to suggest there was a potential conflict of interest, except for Wallis himself, if indeed he could.

The contracting of Wallis, he says, was of no relevance until we knew he was a suspect. And to go public with that before we had evidence would compromise him.

12:27pm: Stephenson: “Prior to Wallis becoming a name related to phone hacking, I had never heard him connected to hacking.

“Why would I raise with anyone a very minor contract? I had no reason to suspect he was involved.”

12:25pm: Stephenson is asked about not disclosing the information about Wallis to the home secretary, also.

“Why was this a matter that you felt you could not disclose? This has been interpreted negatively.”

12:23pm: My understanding is that it was exactly the advice from a senior officer in Number 10 that we “don’t compromise the pm”. Which is why, he says, he did not tell Cameron about Wallis.

“I work very hard not to compromise people.”

“It was only several weeks ago that I knew Wallis was involved, and only last week that I knew he was a suspect.”

12:21pm: Reckless asks Stephenson about his non-disclosure of the employment of Wallis,

Stephenson says he had no reason to doubt Wallis, or connect his name with phone hacking.

“I had no reason to disclose a very minor contract with someone who was advising my DPA.”

12:20pm: Responding to Reckless, Stephenson is describing his work as commissioner, saying that he “manages risk”, rather than investigating crime.

He says that he had close involvement in the case of the nightstalker, and the case of Stephen Lawrence, but never asked any questions about phone hacking, says he had no reason to suspect the investigation was not going well.

12:19pm: MP Mark Reckless asks Stephenson if he is surprised that his comments are being interpreted as an attack on Cameron.

Stephenson says he cannot control the press and reiterates that he made no such attack on the prime minister.

12:18pm: Stephenson says he was trying to draw the contrast that he had no reason to doubt Wallis’ integrity or to link him with hacking.

“I meant to impune the pm or no one by it. I just meant to give an example that Wallis’ name was never related to hacking.”

12:16pm: Stephenson says that “we live in a world in which the media speculates, and I was taking no such swipe at the prime minster”.

“Of course that the employment of Coulson and the employment of Mr Wallis was different.”

12:15pm: Vaz asks Stephenson about his comment about David Cameron, and whether he was “taking a swipe” at the prime minster, which has “excited a lot of comment“.

12:13pm: Vaz has asked whether anybody asked him to go. Stephenson says no, that the mayor felt the resignation was wrong and that the home secretary was very upset.
He took the decision against the advice of his colleagues and his wife, he says.

12:12pm: Vaz says that when he spoke to Stephenson last week, resignation was not in his mind. Asks him when he made up his mind when he had to go.

12:11pm: He says, “clearly there were significant stories about me,” and says “we are in extraordinary times”.

“In the run up to the Olympic year, if there is going to be continuing speculation about the commissioner, then if I was going to do something I had to do it quickly.”

12:10pm: Stephenson says that he made it very clear when he took the post he would never allow the story to become about him.

12:09pm:
Committee chairman Keith Vaz begins questioning Sir Paul Stephenson.

Vaz asks Stephenson why he resigned, despite claiming that he had “done absolutely nothing wrong” and having no knowledge of impropriety.

Index on Censorship: Russian journalist defeats libel claim

A Russian journalist, who was placed into an induced coma after being beaten in Moscow last year, has defeated a libel claim against him after speculating on the identity of his attackers, according to Index on Censorship.

Kommersant’s political correspondent Oleg Kashin spent five days in a coma after he was attacked outside his apartment in November.

According to Index, a Moscow court ruled in favour of Kashin as it could not be proven that accusations were made as factual statements.

The attack itself sparked an open letter from 26 media outlets and journalists calling on the president to ensure greater protections for journalists, while the Committee to Protect Journalists‘ executive director also gave a statement condemning the attack and calling for action.

Related content:

Living in limbo: Almost 70 journalists exiled in past year says CPJ

Iraq tops impunity index for fourth time over unsolved journalist killings

Austrian journalist fights to uncover political advertising spend

 

Guardian: Police have more than 100 phone-hacking recordings

It has been claimed in court that the Metropolitan police have more than 100 recordings understood to have been made by private investigator Glenn Mulcaire, the Guardian reported today.

The Guardian’s article states that lawyers representing public figures suing News of the World publisher, News Group Newspapers, claim that “a substantial number of the tapes and MiniDiscs seized by Scotland Yard five years ago are likely to contain voicemail messages”.

They were in court this morning to seek an order which would force the Met to hand over all the material it seized in a 2006 raid on Mulcaire’s home as part of an investigation which lead [sic] to his arrest and imprisonment. That material also includes 11,000 pages of detailed notes which are likely to list the people Mulcaire targeted.

The Guardian said Mr Justice Vos is expected to decide whether to grant this order later today or Tuesday.

Related content:
Norman Fowler calls for government inquiry into phone hacking

Phone hacking: News of the World apologises to Sienna Miller in court

Journalist wins bid to challenge Met on phone hacking despite ‘threadbare’ claim