Category Archives: Legal

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.

Daily Mirror publisher faces ‘three to four’ phone-hacking cases, says lawyer

Announcing the launch of an internal review of editorial controls and practices last week, Trinity Mirror, publisher of the Daily Mirror, was keen to stress that the review was not connected to recent phone-hacking allegations levelled against its tabloid.

The publisher issued a statement in response to the claims that the Mirror was implicated in the use of the so-called dark arts, calling them “totally unsubstantiated”.

But allegations concerning the paper have since mounted. Lawyer Mark Lewis, who has represented a number of celebrities in phone-hacking suits against News International, said in yesterday’s Sunday Times that the Mirror is facing “about three or four cases which will start within the next few weeks”.

Another report, in the Independent on Sunday, claims that “top investors” in Trinity Mirror, undoubtedly concerned by the steep share-price drop the company saw last week, “want to know more” and have quizzed chief executive Sly Bailey.

Former Daily Mirror editor Piers Morgan, who was fired by Bailey in 2004, has come under scrutiny as the spotlight shifts from News International to Trinity Mirror, although he denies any knowledge of criminality at the Mirror during his time there. Conservative MP Louise Mensch was forced to apologise to Morgan in parliament last week, after incorrectly stating he had admitted being aware of phone hacking at the tabloid.

Citing evidence collected by the Information Commissioner’s Operation Motorman report, blogger Guido Fawkes has alleged that Morgan signed off on £442,000-worth of invoices submitted to the paper by a private detective. It is important to note, however, that the use of a private detective does not necessarily involve any criminality.

According to a report in yesterday’s (31 July) Sunday Telegraph, Trinity Mirror is planning to increase its cost-cutting target for the year from £15 million to £25 million, triggering further job losses.

The company is due to publish its annual financial results on 11 August.

Phone hacking update: Ex-employees ‘clarify’ Murdoch evidence

Chairman of News International, James Murdoch, was yesterday (21 July) seemingly forced to defend evidence he gave to the culture, media and sport select committee on Tuesday, after it was called into question by two former employees – ex-News of the World editor Colin Myler and lawyer Tom Crone.

According to reports, last night Crone and Myler released a statement seeking to “clarify” a significant piece of Murdoch’s evidence.

In the committee session, MP Tom Watson had asked James Murdoch if, when he signed off a settlement payment to Gordon Taylor, he had seen or was made aware of an email “suggesting hacking was more widespread than had been admitted”. And James Murdoch replied no, “I was not aware of that at the time”.

But in their statement, Myler and Crone claim his recollection of what he was told “was mistaken”.

In fact, we did inform him of the ‘for Neville’ email which had been produced to us by Gordon Taylor’s lawyers.

Following Myler and Crone’s statement, Murdoch issues a single line statement: “I stand behind my testimony to the select committee.”

According to a BBC report, Watson has said he will now ask police to investigate this evidence, while committee chair John Whittingdale, was quoted as saying that it will be asking Murdoch to respond and clarify this.

Guardian: Police files investigated and News International to lose exclusive Olympic access

The Guardian reports today (21 July), that Scotland Yard has been asked to look at “thousands of files” to investigate whether officers unlawfully obtained mobile phone-tracking data for journalists.

There were half a million requests by public authorities for communications data in the UK last year – of which almost 144,000 were demands for “traffic” data, which includes location.

In other phone-hacking related news, newspapers under the News International umbrella are to lose exclusive access to British athletes in the lead up to the Olympics next year, also according to the Guardian. This is due to the closure of the News of the World and the impact of this on the partnership contract, according to the report.

Team 2012, the Visa-backed project supporting potential British Olympians, had signed up News International as its official partner.

But Team 2012 has said in a statement, that “as a result of the closure of News of the World the contract can no longer be fulfilled as originally envisaged”.

According to the Guardian Team 2012 “is now looking for potential new media partners”.

BBC Cojo: Journalists and the new UK Bribery Act

At the beginning of the month the UK Bribery Act came into force, and while it is largely aimed at business corruption, according to the BBC, the provisions of the Act could also impact on the activities of UK journalists.

So this useful post on the College of Journalism website, by the BBC’s Kevin Steele, is a must read. In the post, he explains exactly how reporters could be affected and “fall foul” of the act, such as when using local fixers.

… what happens when your fixer says they can make the local bureaucratic wheels turn faster – and you can meet your deadline – if they make a payment or other ‘consideration’ of some kind to a third party who is in a position to expedite your request.

It is in situations like this that a journalist, and their employer, can fall foul of the new UK Bribery Act.

According to Steele the “wide-ranging” legislation can also affect non-British journalists from foreign outlets “with a presence of some kind in the UK”. And the employer is also at risk, he says.

One of the new provisions of the UK Act is that of corporate liability – so a media organisation can be held responsible in law for the individual actions of its employees, including freelancers or agents (such as fixers) acting on its behalf.

However, there is a defence if the employer can show that it had in place ‘adequate procedures’ to prevent an infringement of the legislation – even if evidence of a bribe can be shown.

The Act can be seen in full here.

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.”

Phone hacking: Harbottle & Lewis authorised to respond to MPs and police questions

News Corporation has confirmed that law firm Harbottle & Lewis has been authorised to respond to questions from the Metropolitan police and select committees on the phone-hacking case.

The firm was featured in a number of questions from MPs during the culture, media and sport select committee on Tuesday, when News Corporation boss Rupert Murdoch, his son James and former News International chief executive Rebekah Brooks were asked about a file of emails, said to form part of the Harbottle & Lewis review, and the contents of which were said by Brooks to “put a new light” on information in the case later on.

Giving evidence, James Murdoch, chairman of News International, said the company engaged a law firm to review a number of emails and that it offered its opinion on those.

What I do know is that the company rested on that, rested on the fact that the police told us that there was no new evidence and no reason for a new investigation, and rested on the opinion of the PCC that there was no new information and no reason to carry it further.

It was not until new evidence emerged from the civil litigations that were going on that the company immediately went to the police, restarted this, and the company has done the right thing in that respect.

Yesterday (20 July) the law firm said it was restricted from responding to some of the comments because of client confidentiality, but News Corporation’s management and standards committee (MSC) has since announced that News International has decided to authorise the law firm to answer questions from the Metropolitan police and select committees.

The MSC is authorised to co-operate fully with all relevant investigations and inquiries in the News of the World phone hacking case, police payments and all other related issues across News International, as well as conducting its own inquiries where appropriate

According to a report by the Financial Times the firm is now reviewing what can be said.

While lawmakers questioned why the e-mails Harbottle reviewed were not handed to police, the solicitors’ regulatory code says that a duty to report criminality can be overridden by client confidentiality, except where lawyers suspect that clients may go on to cause violent crime.

The law firm has not responded to a request for comment by Journalism.co.uk.

Jon Slattery: Unicef asks to move agenda on from phone hacking

Over on his blog, Jon Slattery reports that Unicef took out adverts in the national press today to urge readers “to move the news agenda on from phone hacking” and instead be alert to the famine in parts of southern Somalia.

The ad, in the form of a letter from UNICEF UK executive director David Bull, states: “I am writing for your support in moving the news agenda on. The story about phone hacking does matter, but there’s another, far bigger and vital story that’s going unreported.”

Read more here…

Prime Minister’s statement to House of Commons in full

David Cameron recalled MPs before the summer recess to discuss the developing issues relating to phone hacking.

Here is his full statement read to the House of Commons before the debate:

With permission, Mr Speaker, I would like to make a statement.

Over the past two weeks, a torrent of revelations and allegations has engulfed some of this country’s most important institutions.

It has shaken people’s trust in the media and the legality of what they do, in the police and their ability to investigate media malpractice, and, yes, in politics and in politicians’ ability to get to grips with these issues.

People desperately want us to put a stop to the illegal practices, to ensure the independence and effectiveness of the police and to establish a more healthy relationship between politicians and media owners.

Above all, they want us to act on behalf of the victims: people who have suffered dreadfully – including through murder and terrorism – and who have had to re-live that agony all over again because of phone hacking.

The public want us to work together to sort this problem out, because until we do so it will not be possible to get back to the issues they care about even more, getting our economy moving, creating jobs, helping with the cost of living, protecting them from terrorism, restoring fairness to our welfare and immigration systems.

Let me set out the action that we have taken.

We now have a well-led police investigation which will examine criminal behaviour by the media and corruption in the police.

We’ve set up a wide-ranging and independent judicial inquiry under Lord Justice Leveson to establish what went wrong, why and what we need to do to ensure it never happens again.

I am the first prime minister to publish meetings with media editors, proprietors and senior executives to bring complete transparency to the relationship between government ministers and the media – stretching right back to the general election.

And the House of Commons, by speaking so clearly about its revulsion at the phone-hacking allegations, helped to cause the end of the News Corp bid for the rest of BSkyB.

Today, I would like to update the house on the action that we are taking.

First, on the make-up and remit of the public inquiry.

And second, on issues concerning the police service.

And third, I will answer – I am afraid Mr Speaker at some length – all of the key questions that have been raised about my role and that of my staff.

So first, the judicial inquiry and the panel of experts who will assist it.

Those experts will be:

The civil liberties campaigner and director of Liberty, Shami Chakrabarti;

The former chief constable of the West Midlands, Sir Paul Scott-Lee;

The former chairman of OfCOM, Lord David Currie;

The longserving former political editor of Channel 4 news, Elinor Goodman;

The former political editor of the Daily Telegraph, and fomer special correspondent of the press association, George Jones;

And the former chairman of the Financial Times, Sir David Bell.

These people have been chosen not only for their expertise in the media, broadcasting, regulation and policing, but for their complete independence from the interested parties.

Mr Speaker, I also said last week that the inquiry will proceed in two parts and I set out a draft terms of reference.

We have consulted with Lord Justice Leveson, with the opposition, the chairs of relevant select committees and the devolved administrations.

I also talked to the family of Milly Dowler and the Hacked Off campaign.

We have made some significant amendments to the remit of the inquiry.

With allegations that the problem of the relationship between the press and the police goes wider than just the Met, we have agreed that other relevant forces will now be within the scope of the inquiry.

We have agreed that the inquiry should consider not just the relationship between the press, police and politicians but their individual conduct too.

And we have also made clear that the inquiry should look at not just the press but other media organisations – including broadcasters and social media – if there is any evidence that they have been involved in criminal activities.

I am today placing in the library of the house the final terms of reference.

Lord Justice Leveson and the panel will get to work immediately.

He will aim to make a report on the first part of the inquiry within 12 months.

Mr Speaker, there should be no doubt:

This public inquiry is as robust as possible.

It is fully independent.

Lord Justice Leveson will be able to summon witnesses under oath.

Mr Speaker, let me now turn to the extraordinary events we have seen over the past few days at Britain’s largest police force – the Met.

On Sunday, Sir Paul Stephenson resigned as commissioner of the Metropolitan police.

I want to thank him for the work he has carried out in policing over many, many years in London and elsewhere.

On Monday, assistant commissioner John Yates also resigned and again I want to express my gratitude for the work he has done, especially in improving our response to terrorism.

Given the sudden departure of two such senior officers, the first concern must be to ensure the effective policing of our capital – and that confidence in that policing – is maintained.

I have asked the home secretary and mayor of London to ensure that the responsibilities of the Met will continue seamlessly.

The current deputy commissioner – Tim Godwin – who stood in for Paul Stephenson when he was ill, and did a good job, will shortly do so again.

The vital counter-terrorism job, carried out by John Yates, will be taken on by the highly experienced Cressida Dick.

The responsibilities of the deputy commissioner – which the house will remember include general oversight of the vital investigations both into hacking and into the police – Operations Weeting and Elveden will not be done by someone from inside the Met, but instead by Bernard Hogan-Howe who will join temporarily from Her Majesty’s Inspectorate of Constabulary.

We are also looking to speed up the process for selecting and appointing the next commissioner.

But Mr Speaker, we cannot hope that a change in personnel at the top of the Met is enough.

The simple fact is that this whole affair raises huge issues about the ethics and practices of our police.

Let me state plainly – the vast majority of our police officers are beyond reproach, and serve the public with distinction.

But police corruption must be rooted out.

Operation Elveden and Lord Justice Leveson’s inquiry are charged with doing just this.

But I believe we can, and must, do more.

Put simply there are two problems.

First, a perception that when problems arise it is still “the police investigating the police”.

And second a lack of transparency in terms of police contacts with the media

We are acting on both.

These were precisely the two points that my Rt Hon Friend the home secretary addressed in her statement to this house on Monday.

We believe this crisis calls for us to stand back and take another, broader look at the whole culture of policing in this country, including the way it is led.

At the moment, the police system is too closed.

There is only one point of entry into the force.

There are too few – and arguably too similar – candidates for the top jobs.

As everyone knows, Tom Winsor is looking into police careers, and I want to see radical proposals for how we can open up our police force and bring in fresh leadership.

The government is introducing elected police and crime commissioners, ensuring there is an individual holding their local force to account on behalf of local people.

And we need to see if we can extend that openness to the operational side too.

Why should all police officers have to start at the same level?

Why shouldn’t someone with a different skill-set be able to join the police force in a senior role?

Why shouldn’t someone, who has been a proven success overseas, be able to help turn around a force at home?

I think these are questions we must ask to achieve the greater transparency and stronger corporate governance that we need in Britain’s policing.

Finally let me turn to the specific questions I have been asked in recent days.

First, it has been suggested that my chief of staff was behaving wrongly when he didn’t take up then assistant commissioner Yates’s offer to be briefed on police investigations around phone hacking.

I have said repeatedly about the police investigation that they should purse the evidence wherever it leads and arrest exactly who they wish.

And that is exactly what they have done.

No 10 has now published the full email exchange between my chief of staff and John Yates and it shows my staff behaved entirely properly.

Ed Llewellyn’s reply to the police made clear that it would be not be appropriate to give me or my staff any privileged briefing.

The reply that he sent was cleared in advance by my permanent secretary, Jeremy Heywood.

Just imagine, Mr Speaker if they had done the opposite and asked for, or acquiesced in receiving privileged information – even if there was no intention to use it.

There would have been quite justified outrage.

To risk any perception that No 10 was seeking to influence a sensitive police investigation in any way would have been completely wrong.

Mr Yates and Sir Paul both backed this judgment in their evidence yesterday.

Indeed, as John Yates said: “The offer was properly and understandably rejected.”

The cabinet secretary and the chair of the home affairs select committee have both now backed that judgement too.

Next, there is the question as to whether the ministerial code was broken in relation to the BSkyB merger and meetings with News International executives.

The cabinet secretary has ruled very clearly that the code was not broken – not least because I had asked to be entirely excluded from the decision.

Next, I would like to set the record straight on another question that arose yesterday – whether the Conservative Party had also employed Neil Wallis.

The Conservative Party chairman has ensured that all the accounts have been gone through and has confirmed to me that neither Neil Wallis nor his company has ever been employed by or contracted by the Conservative Party – nor has the Conservative Party made payments to either of them.

It has been drawn to our attention that he may have provided Andy Coulson with some informal advice on a voluntary basis before the election.

To the best of my knowledge I didn’t know anything about this until Sunday night.

But as with revealing this information, we will be entirely transparent about this issue.

Finally Mr Speaker, there is the question whether everyone – the media, the police, politicians – is taking responsibility in an appropriate manner.

I want to address my own responsibilities very directly – and that brings me to my decision to employ Andy Coulson.

I have said very clearly that if it turns out Andy Coulson knew about the hacking at the News of the World he will not only have lied to me but he will have lied to the police, to a select committee, to the Press Complaints Commission and, of course, perjured himself in a court of law.

More to the point, if that comes to pass, he could also expect to face severe criminal charges.

I have an old fashioned view about “innocent until proven guilty”.

But if it turns out I have been lied to, that would be a moment for a profound apology.

And, in that event, I can tell you I will not fall short.

My responsibilities are for hiring him – and for the work he did in Downing Street.

On the work he did, I will repeat, perhaps not for the last time, that his work at Downing Street has not been the subject of any serious complaint.

And, of course, he left months ago.

On the decision to hire him, I believe I have answered every question about this.

It was my decision. I take responsibility.

People will, of course, make judgements about it.

Of course I regret and I am extremely sorry about the furore it has caused.

With 20:20 hindsight – and all that has followed – I would not have offered him the job and I expect that he wouldn’t have taken it.

But you don’t make decisions in hindsight; you make them in the present.

You live and you learn – and believe you me, I have learnt.

I look forward to answering any and all questions about these issues – and following the statement I will open the debate.

But the greatest responsibility I have is to clear up this mess – so let me finish by saying this.

There are accusations of criminal behaviour – by parts of the press and potentially by the police where the most rapid and decisive action is required.

There are the issues of excessive closeness to media groups and media owners where both Labour and Conservative have to make a fresh start.

There is the history of missed warnings – select committee reports, information commissioner reports – missed by the last government but yes also missed by the official opposition too.

What the public expects is not petty point scoring, but what they want, what they deserve, is concerted action to rise to the level of events and pledge to work together to sort this issue once and for all.

And it is in that spirit that I commend this statement to the house.