Category Archives: Legal

Communication Bill must ‘give freedom’ to media companies, says Guardian chief executive

Moving to a digital first policy is “symptomatic” of what is going on in the UK market place, according to Guardian Media Group chief executive Andrew Miller.

Speaking today at the Westminster Media Forum Miller said:

The Guardian is a leading creative business in the UK, and we have a great international voice.

But internationally it isn’t a level playing field. Overseas communications competitors may have more freedom if law in the UK is poorly implemented.

He also echoed thoughts shared earlier in the day by Sarah Hunter, Google’s UK head of public policy, saying companies needed to develop a “coding mentality” by employing strong and innovative developers to work alongside creative and editorial employees.

The Communications Bill needs to give enterprises like the Guardian freedom. Freedom to innovate and freedom to carry on what we do best.

It must not compromise enterprises that act in the public interest. Regulators also must have more contact with the public – it’s they who should help decide the future of rights rather than exclusively those in the media industry.

 

‘Global view’ needed for Communications Bill

The main theme emerging from today’s discussion at the Westminster Media Forum is the government should embrace the idea of a globally connected internet when considering the Communications Bill.

Sarah Hunter, Google’s head of UK Public Policy, said the green paper should encompass wider policy in the UK, rather than just the Bill itself.

The government cannot make policy for the media industries without considering the wider impact on other industries that need the internet to survive.

It would be very dangerous if they went down that road.

Hunter said the most important thing to bear in mind for the future was to “bring back computer science” – building on the UK’s historical strength of bringing together creative and scientific talent and employing engineers to advise on future policy. Seksualus apatinis trikotažas moterims – chalatai, liemenelės, kelnaitės, naktiniai Cherry24

John Tate, director of policy and strategy at the BBC, spoke of a “competition for quality”, and how broadcasters should meet audience expectations in a converged world.

Tate also referred to Rupert Murdoch’s bid to takeover all of BSkyB, quipping: “BSkyB’s recent announcement is very welcome.”

“If imitation is the sincerest form of flattery – we’re very flattered.”

BSkyB’s director of policy David Wheeldon was also on the panel, he responded to Tate by saying “it’s nice to hear the BBC being complimentary about us for once”, to polite laughter from attendees.

Wheeldon oultined his four major concerns for the Bill as being a flexible copyright regime, online piracy, finding the correct balance between infrastructure and content incentives, and finally recognising emerging platforms.

In particular he earmarked piracy as a significant threat for the broadcast industry to monetise content.

This afternoon the forum will hear from Ivan Lewis MP, who earlier this year wrote to Jeremy Hunt regarding News Corporation’s acquisition of BSkyB.

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

 

Malcolm Coles: Four sites already implementing cookie law

Malcolm Coles has posted four examples of UK websites already implementing the new EU cookie law that came into force on 26 May.

Websites were given a year to “get their house in order” by the Information Commissioner’s Office (ICO) and work towards getting web users to agree to accepting the dropping of cookies – small text files placed onto a users computer.

The ICO has warned companies, however, that they should not leave it until 25 May next year to start complying and has already written to some websites following complaints received since 26 May.

The independent body has received criticism for not telling websites exactly how to get users to agree to accepting cookies, but said sites do not necessarily have to opt for a tick box agreement and can instead find another way of getting users to take “positive action” in order to agree to cookies being dropped.

The four sites that Coles highlights as already implementing cookie law are: the ICO (they had to, didn’t they?), All Things D, the Radio Times and the Island Web Works website on the Isle of Man.

Here is the example from All Things D and Coles’ comment:

It reads: “Some of the advertisers and web analytics firms used on this site may place ‘tracking cookies’ on your computer. We are telling you about them right upfront, and we want you to know how to get rid of these tracking cookies if you like. Read more.

“This notice is intended to appear only the first time you visit the site on any computer.”

It only appears on your first visit to the site (I presume they use a cookie to do that!).

Malcolm Coles’ full post is at this link

Related content:

UK webisite publishers need to wake up to new cookie regulations

Websites get a year to comply with new EU cookie laws

New arrest in phone hacking investigation

A woman has been arrested in West Yorkshire by police investigating allegations of phone hacking, Scotland Yard confirmed this morning.

The arrest was made by the Metropolitan police’s Operation Weeting team, which was set up when Scotland Yard relaunched its inquiry into phone hacking at the News of the World in January.

This latest arrest follows three others made this year as part of the new investigation, the first two at the beginning of April and the third later in the month.

According to a statement from Scotland Yard the woman, 39, was arrested on suspicion of conspiring to intercept mobile phone voicemail messages and was taken to a West Yorkshire police station for questioning.

The BBC reports that owner of the News of the World, News International, had issued a statement saying the arrest “did not relate to a current employee or a former full-time staff member”.

We have been co-operating fully with the police inquiry since our voluntary disclosure of evidence reopened the police investigation. Since then we have been determined to deal with these issues both on the criminal and civil side. In April we admitted liability in several civil cases and we are attempting to bring these to a fair resolution.”

Related content:

Phone hacking: Andy Gray accepts £20,000 settlement

Norman Fowler calls for government inquiry into phone hacking

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

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

Index: Polish journalist faces four years in prison for ‘insulting the president’ of Belarus

Andrey Pochobut, a correspondent for the Polish newspaper GazetaWyborcza, faces a four-year prison sentence for defamation and “insulting the president” of Belarus, according to report from Index on Censorship.

Pochobut’s trial began yesterday but journalists and family members are excluded from proceedings.

Index voices serious concerns over whether Pochobut will receive a fair trial.

If found guilty, Pochobut would be the fourth journalist sent to prison on a charge of “insulting the president” if he is found guilty.

Full report on Index on Censorship at this link.

Guardian: Ryan Giggs launches legal action over NOTW phone hacking

Ryan Giggs is the latest celebrity to take legal action over News of the World phone hacking, according to this article in the Guardian. The article states the footballer is suing NOTW parent company News Group Newspapers and private detective Glenn Mulcaire for breach privacy, claiming his mobile phone messages were intercepted by journalists.

It is understood that Giggs was visited by officers from the Metropolitan police in Manchester several weeks ago, before he was named as the footballer who took out an injunction against News Group Newspapers.

Separately, the Guardian can also reveal that Rebekah Brooks, chief executive of News Group’s parent company News International, was shown evidence for the first time last week by the Metropolitan police which suggests she was also targeted by Mulcaire.

Earlier today former Conservative cabinet minister Norman Fowler called upon the government to hold an inquiry into the phone hacking scandal during questions in the House of Lords.

Lord Black: Teacher reporting restrictions ‘unprecedented, unnecessary and unworkable’

Speaking in the House of Lords on Tuesday, Lord Black of Brentwood, who is also executive director of the Telegraph Media Group, raised his concerns about Clause 13 of an education bill, which would introduce reporting restrictions on alleged teacher misconduct.

Addressing the House Lord Black said he feared he would be “a lone voice” in raising what he felt were “serious repercussions for freedom of expression and the rights of children”.

First, it is unprecedented because it gives to a particular group of professionals a right that no one else enjoys. Yes, it is appalling if a teacher is falsely accused of a crime-and I take to heart the comments of my noble friend Lady Perry – but that happens in other careers involving children, too. If this reaches the statute book, who really believes that the move towards greater secrecy in the justice system will stop there? We had a glimpse of that in the speech of the noble Baroness, Lady Jones of Whitchurch. The GMC has already started a campaign arguing that doctors called before its disciplinary committee to answer charges of abusing a patient should not be identified. Interfering with the media’s ability to report in this way is therefore profoundly dangerous-the thin end of a wedge that will lead inexorably to much wider reporting restrictions that will undermine the long-held principle that, for justice to be effective, it must be open and transparent.

Those principles exist for good reason because not all criminal misconduct is prosecuted. Teachers accused rightly of assaults might never be charged by the police due to lack of evidence or because of failure to take a whistleblower seriously. A teacher might be dismissed from a school and, for whatever reason, the school and those involved want no publicity. Allowing him or her indefinite anonymity has frightening implications for the welfare of children. As I understand it, it would also be an offence to name a teacher accused of a crime even if he or she were identified at an inquest or in a civil court action. The media or a parent would have to apply to another court to lift the reporting restrictions, as would anyone who wanted to publish the findings of an official inquiry. In an open society, that cannot be right.

He closed by urging the Government “to think again”, and if they press ahead to amend the current bill to include the provision of a public interest defence and the exemption of courts and other statutory bodies from the automatic restrictions.

Hatip: The Newspaper Society

Guardian: David Banks on Bahrain’s attempt to sue the Independent

I spoke to media law consultant David Banks this morning for this article about Bahrain’s announcement that it intends to sue the Independent for defamation.

He explained that under case law in the UK local and national governments can’t sue for defamation, as outlined in Derbyshire County Council vs The Times, 1993. He went on to say that one way to circumvent the Derbyshire judgement would be for an individual Bahraini minister to take legal action against the newspaper, but added that the minister would have to prove personal defamation and would likely be up against a robust defence from the Independent. See more on the story in my report.

This afternoon, Banks expands on these legal issues for the Guardian, adding “a note of caution” regarding the Derbyshire judgement:

The judgment refers to the “democratically elected” local and central government of the UK. It does not expressly include the unelected governments of other countries. Whether the high court would take a different view of the unelected government of Bahrain as a claimant than it would a local authority here is not set out.

It would set a curious precedent, though, for the courts here to say that our own elected governments should expect robust media criticism, but unelected dictators and despots can rely on the full protection of our libel laws.

Full the post on Guardian.co.uk at this link.