Tag Archives: News of the World

Jack of Kent: Putting phone hacking into legal context

Following the recently renewed phone hacking allegations aimed at the News of the World, lawyer and writer David Allen Green has a useful post on his Jack of Kent blog putting the issues into legal context, outlining the laws which apply to the unauthorised interception of voice messages.

He advises that this includes Section 48 of the Wireless Telegraphy Act 2006 where a person commits an offence if they make unauthorised use of “wireless telegraphy apparatus” with intent to obtain information, and Sections 1 and 2 of the Regulation of Investigatory Powers Act 2000 which rules that it is a criminal offence and a tort to unlawfully interfere with any communication during transmission.

Green provides detailed references to each relevant law and also provides links to guidance by the Crown Prosecution Service.

See his full post here…

‘The silence is almost eerie’: press holds back on phone hacking scandal

Allegations of phone hacking at the News of the World resurfaced this week following an investigation by the New York Times which looked at past allegations as well as a new case being legally pursued by a third party. This has led to calls today for a judicial review from industry bodies and politicians.

But coverage of the event by the rest of the media has come under criticism by numerous publications and bloggers.

Caroline Crampton at the New Statesman reflected on the issue the day after the story broke, when she claims the Guardian was the only national newspaper to have reported on the NYTimes article at the time.

The Times, the Telegraph, the Independent, the Daily Mail, the Sun and the Mirror all failed to cover the story at all. Considering that the investigation uncovers a widespread culture of phone-hacking at a major Sunday paper, with one source saying “Everyone knew. The office cat knew”, I would have thought that Fleet Street would have more to say about the low tactics employed by one of its number.

But the silence on the Coulson story from the rest is almost eerie. Papers are usually desperate to expose each other’s failures. Why are they holding back?

Online media watchdog Tabloid Watch makes the same points, while editor of the Liberal Conspiracy blog Sunny Hundal wrote on the Guardian website that while he expected News International publications to avoid the topic, he was disappointed by a lack of coverage on BBC radio early on.

It comes as little surprise News International subsidiaries and other tabloids have avoided it. But the BBC’s radio silence also speaks volumes: not just about their deference to the new administration, but of unwillingness to investigate their peers. It needed the New York Times to blow the story wide open again.

(…) The conscience of our country is determined more by Rupert Murdoch’s private interests than is healthy, already. These controversies say less about rightwing bloggers (whose smears are used as a proxy) and more about the collusion that takes place among the media establishment.

However the BBC has since followed up on the Time’s report, including an interview on Radio 4’s Today programme with Lord John Prescott this morning discussing his own concerns of being targeted by phone hackers while BBC Surrey’s Nick Wallis yesterday discussed the report, admitting that the BBC had only touched on the issue “from time to time” but said he would be writing to every Conservative MP in Surrey and asking them if they are happy that David Cameron kept former NOTW editor Andy Coulson as his PR man.

The article by the New York Times is due to be published in its Sunday magazine this weekend.

Vanessa Perroncel speaks out against super-injunctions

Vanessa Perroncel, the woman alleged to have had an affair with former England captain John Terry – an allegation she denies – has given newspaper interviews this weekend in which she condemns both the use of gagging orders by celebrities and the tabloid media coverage of the affair allegations.

In an interview with the Independent on Sunday, Perroncel said people should not be able to pick and choose when they want a public profile in the media.

There are some people who enjoy the limelight, and they let the press have really intimate information, like weddings, baptisms and so on. So why should these people then be allowed to cherry pick what the newspapers write about them? I know how expensive it is to take out an injunction, and it’s not fair that footballers should be allowed to protect themselves because of their money.

Her comments follow John Terry’s use of a ‘super-injunction’ in February against the News of the World which temporarily stopped the newspaper from publishing allegations of the affair. The order, which was later lifted, made it appear as though they had something to hide, Perroncel says.

She says she is angry that Terry took an injunction out, as she felt it was disproportionate. “There was no need: a simple denial would have done,” she says. “People said I had been gagged but that wasn’t true.” She is angry at the damage the allegations did to her reputation, and at the red-top intrusion she suffered. But she believes newspapers should be free to report genuine cases of infidelity.

She discusses the damage to her reputation further in an interview with the Guardian writer Polly Vernon, who herself concludes that the model was “ripped apart” by the media – the only party who should feel guilt for the way the story played out, she adds.

I am shocked at the wrong that’s been done to Vanessa. Whether or not you believe her denials – and oh, it’s tempting, isn’t it, to keep believing the worst, the most malicious rumours. But Perroncel did not deserve those months of unmitigated trashing. And now it’s calmed down for her somewhat, I’m not sure what she’s got left. (…) There is still, it seems, an overwhelming sense that she has done wrong somehow, somewhere along the line; that she has committed some crime. We’re extremely attached to that idea as a nation. Yet if anyone should be feeling guilty, it’s probably us.

According to Vernon’s article, Perroncel is now planning to take legal action against any publication which printed “unpleasant” stories about her in relation to the accusations. It is also reported that an “official inquiry” has been launched into claims her phone may have been tapped to intercept private calls.

News of the World paywall to be launched in October, report claims

The News of the World website will go behind a paywall in October, with the Sun to follow, according to a report today by newmediaage.co.uk (article requires subscription). News International are refusing to comment on the claim.

The news was also picked up by mad.co.uk who reported that the paywalled sites will be offered at an “introductory” rate during the first month.

News of the World’s transition to a paid content model will hinge on exclusive video content, distributed across an overhauled site and app.

Yesterday Media Week reported on figures from ComScore, which suggested that unique users of the the Times and Sunday Times websites, which were put behind a paywall in July, have fallen from 2.79 million in May to 1.61 million in July.

Guardian commends Chris Huhne for speaking out over NOTW phone hacking

Readers of the Guardian website may have noticed its coverage of cabinet minister Chris Huhne’s affair was rather quieter than that of its rivals over the weekend. Its report on Sunday said:

Some commentators questioned whether Huhne was targeted because he had previously spoken out against the News of the World, one of the papers to print snatched photographs of him and his mistress. Last year, Huhne wrote a comment piece for the Guardian demanding an inquiry into the News of the World phone-hacking scandal,saying: “It strikes at the heart of the privacy any individual can expect in a civilised society.”

Today, in its editorial the Guardian praises Huhne for speaking out against phone hacking at News of the World (following the newspaper’s own scoop) last year.

He has made some powerful enemies by being an MP unafraid to speak frankly and directly about notorious abuses of power. For the past year he has spoken out against the phone-hacking that occurred at the News of the World under Andy Coulson’s editorship and Rupert Murdoch‘s ownership. There have been few MPs so vociferous in condemning the possible collusion by our intelligence services in the torture of Britons abroad. Who knows who has put Mr Huhne under surveillance? Or what circumstances led Mr Murdoch’s snoopers to be in the right place at the right time? Yet an independent, forthright politician is cut down, as others before him. Public life ought to be able to accommodate such people as Mr Huhne, who brings to politics a deep interest in economics, social policy and the environment. But who, watching his example, would want to follow?

For further discussion of media coverage and privacy issues see Charlie Beckett’s blog: Twitter, India Knight and Chris Huhne: the end of discretion?

NOTW managing editor: Sarah Ferguson was ‘enthusiastic participant’ in newspaper’s sting

On Friday, Guardian columnist Alexander Chancellor’s criticised the News of the World’s recent ‘exposés’ of John Terry’s father and the Duchess of York Sarah Ferguson.

Writes Chancellor:

I not only disagree with the NoW’s [News of the World’s] claims that it is in the public interest to expose offences that would never have taken place without its involvement; I think the newspaper should be stopped from creating any more of them.

In a letter to the Guardian on Saturday, Bill Akass, managing director of the News of the World, responds to the columnist in no uncertain terms:

The News of the World did not set out to trap the Duchess of York into doing something that was out of character. As was made clear in the story, we had credible evidence that she was already touting access to her former husband to businessmen before we approached her.

Once our reporter had established contact with Sarah Ferguson, she set the terms of the deal and was an enthusiastic participant throughout.

(…) Mr Chancellor clearly did not read the full background to these cases, or worse, selectively chose to ignore inconvenient facts because they do not suit his argument. Either way it shows surprising lack of journalistic rigour from someone seeking to lecture others on press standards.

Full letter at this link…

PCC defends phone hacking report: ‘We can’t do things that the police can do’

The Press Complaints Commission yesterday denied it had mishandled its report into phone hacking, even though the House of Commons Culture, Media and Sport select committee found the body’s findings “simplistic and surprising”.

Speaking to journalists at the launch of its annual review for 2009, its director Stephen Abell, and chair, Baroness Peta Buscombe defended the report that was condemned by the Guardian and the Media Standards Trust.

Where the self-regulation body had failed, Stephen Abell said, was in explaining its function and what its powers could achieve.

But he said it had done what it set out to do: to investigate whether it had been misled in 2007 and whether incidents of phone hacking were ongoing.

“We have to be extraordinarily careful,” said Buscombe, “not to do anything that would interfere with other investigative powers, i.e. the police … we’re very careful not to tread on other toes.”

The Guardian’s allegations in July 2009, however, concerned activity in 2006/7, a point Journalism.co.uk put to the PCC’s chair, Peta Buscombe and director, Stephen Abell.

“It was reported, there were claims that it was ongoing,” said Abell, with which Buscombe agreed.

“It was also a suggestion that it was ongoing at the time, it was certainly reported that way and we made clear in 2009 that’s what we were interested in,” he said.

The inquiry launched in 2009 was responding to “notions” made to the PCC that it was ongoing, said Abell.

“I have been very clear that on my watch if it was happening, if there was a whiff of it we would be onto it straight away but we would have to be exceedingly careful,” argued Buscombe.

“We can’t do things that the police can do, if we were to do that we would have to be regulated by the state, which I think is a very bad path for the press to go in,” she said.

But did the PCC consider it had been misled, considering the subsequent court settlements – with Gordon Taylor – for example?

“Were we materially misled in the context of what we were trying to do in 2007? It wasn’t the function of the PCC to duplicate the police investigation in 2007,” said Abell.

“What we did in 2007, was look prospectively not retrospectively,” he said.

Would the PCC act upon any new allegations, such as more recent ones made by the Guardian? If there was “material evidence,” said Stephen Abell. It was important not to go off “speculation,” added Buscombe.

Media Guardian: Fresh phone hacking investigation into John Terry affair stories

More from Nick Davies in the investigative journalist’s ongoing exposés of phone hacking by the British press: the Information Commissioner’s Office (ICO) has launched a new, official inquiry into suspected interception of voicemail messages linked to tabloid reporting of Vanessa Perroncel and her alleged affair with England and Chelsea footballer John Terry.

The evidence focuses on the phone records of Vanessa Perroncel and of one of her close friends, Antonia Graham. Perroncel was accused by tabloids of having an affair with Terry.

One allegation involves the interception of a live telephone call between the two women, a more serious offence than listening to phone messages.

Published in February, the findings of a Culture, Media and Sport Select Committee inquiry into press standards, privacy and libel said the News of the World and other newspapers turned a blind eye to illegal phone hacking and ‘blagging’ (the practice of obtaining information through deception), contradicting a Press Complaints Commission report published in November.

According to Davies’ new report, Perroncel’s lawyers have also formally warned seven national newspapers that she is planning to sue them for privacy breaches.

Full story at this link…

Independent.co.uk: Solicitor general to look into phone hacking concerns

MP Tom Watson has speculated that his question in the House of Commons last Thursday, like many other phone hacking concerns, will receive scant attention by the press.

Linking to an Independent on Sunday report, he tweeted: “yet another phone hacking story that won’t be reported anywhere else”.

And Google News shows us Watson is right so far – only the IoS appears to have picked up the solicitor general’s response to his question about the investigation of the News of the World phone hacking case.

[From Hansard: PDF at this link]

Mr. Tom Watson (West Bromwich, East) (Lab): Will my hon. and learned Friend satisfy herself that the Crown Prosecution Service has not successfully prosecuted cases on the basis of police files that were compiled using evidence illegally obtained by News of the World phone hacking?

The Solicitor-General: Yes – I am not sure that any connection has been made, but I am very well aware of the issue, and it is an issue well raised.

Further to that, the Independent on Sunday reports:

Whitehall sources said that there would not, at this stage, be a full-blown investigation into any concerns, but that the issue would be examined. A more detailed investigation would take place if substantial evidence was put forward, sources said.

According to the paper: “a spokesman for the Met said it would not be commenting on the parliamentary exchange. A News International spokesman declined to comment.”

MediaGuardian: Heat back on Andy Coulson

More from the Guardian on News of the World phone hacking and blagging. The story certainly hasn’t ended with the publication of the Culture, Media and Sport committee report, released yesterday.  Nick Davies reports:

David Cameron’s communications director, Andy Coulson, will come under fresh pressure to defend his editorship of the News of the World and his knowledge about the illegal activities of his journalists amid new allegations about the paper’s involvement with private detectives who broke the law.

Full story at this link…