Tag Archives: Sir Ken Macdonald

‘We do want journalists to break the rules’, says former prosecutions chief

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Society needs journalists who are prepared to break the law in order to serve the public interest, argued the former director of public prosecutions Sir Ken Macdonald last night.

Speaking at a debate at City University on the the News of the World phone-hacking case and the lengths to which reporters can go to get information, MacDonald said: “There are bound to be cases where journalists will want to break the law, and for good reason (…) We do want journalists to break the rules.”

Macdonald did not condone the phone-hacking at NotW, and stressed that it was only under certain public interest circumstances that journalists might be forgiven for breaking the law.

He was joined by key players in the phone hacking scandal: Nick Davies of the Guardian, ex-News of the World journalist Paul McMullan and defamation lawyer Mark Lewis, as well as Max Mosley, Roy Greenslade and libel barrister Caldecott QC.

Mark Lewis, who is currently suing the Metropolitan Police and the Press Complaints Commission for libel, echoed Macdonald, saying that in certain circumstances illegal activity is acceptable.

“If you know something is of public interest then you can use certain methods to corroborate it,” he said. However, he stressed that these methods should not be used to obtain a story.

Macdonald also cautioned against increasing privacy laws, warning it could create a “contagion of caution” among newspapers, and pointed out that a culture of deference has developed in France due to its strict privacy rules.

However, Macdonald conceded that it is nearly impossible to define what is and isn’t in the public interest.

As former Daily Miror editor and journalism professor Greenslade pointed out, “the public interest for the Guardian’s audience is very different to the public interest of the News of the World readers.

“There is no easy way of drafting a public interest definition that would give journalists clear guidance on what they should and shouldn’t publish.”

More from Journalism.co.uk:

Former News of the World journalist defends phone-hacking at lively debate

PCC claimes it did respond to Dispatches with phone-hacking statement

Phone-hacking on Dispatches: a good documentary but not enough new evidence

PCC’s credibility under attack

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The Press Complaints Commission is once again under attack for its structure and effectiveness as a self-regulatory body.

Last night the Guardian reported how Sir Ken Macdonald, ­visiting professor of law at the LSE and the former director of public prosecutions, had called for “all credible media organisations” to withdraw from the “farcical” Press ­Complaints Commission (a plea which was made by Geoffrey Robertson QC last year).

The event for editors and lawyers also featured Max Clifford, former Formula 1 chief Max Mosley, former TV presenter Anna Ford, the editors of the Guardian and the Financial Times, and the deputy editor of the Daily Telegraph. The Guardian also reported:

Alan Rusbridger, the Guardian editor, said the credibility of the PCC was “clinging by its fingertips” and that recent investigations had been “embarrassing”. The PCC’s current review should work out whether it has the capacity to be a regulator or a mediator, he said.

It’s timely then, to compare Rusbridger’s quotes from last night, with Stephen Abell’s comments this week, in his first media interview since becoming director of the PCC:

Abell told Journalism.co.uk that he didn’t believe Rusbridger’s resignation from the PCC code committee Editors’ Code of Practice Committee weakened the body at all:

Alan Rusbridger has said it [the code committee] does a good job (…) I think these arguments happens within industries but I think it’s perfectly acceptable to move on from that. I don’t think it weakens the PCC in any way that Alan is leaving an industry body that he was a member of for a while. You don’t have every editor on the code committee anyway (…) I think it’s tremendous merit that Alan Rusbridger of the Guardian was on the code committee for as long as he was.

Journalism.co.uk’s interview with Stephen Abell (who took over as PCC director in December 2009):