Guest post: Why 2012 is the year to Save FOI

This guest post is written by Paul Gibbons, aka FoI Man.

Today (Monday 20th February), a group of us are formally launching a new campaign. As the title of this post suggests, we are campaigning to #saveFOI.

This week sees the beginning of the long heralded post-legislative scrutiny of Freedom of Information promised by the Coalition Government last year. On Tuesday morning, the first witnesses, including the head of the Campaign for Freedom of Information, Maurice Frankel, will be appearing before the Justice Select Committee.

Last week the Committee published the written evidence that it has received. What is striking about this evidence is how many public authorities have called for restrictive amendments to the Freedom of Information Act. Some have called for charging to be introduced. Some have suggested that the cost limit for answering requests should be brought down, so that more demanding requests can be refused. Others have even suggested bringing in whole new exemptions for information that they hold.

This comes hot on the heels of comments from the outgoing Cabinet Secretary Lord Gus O’Donnell who has been openly critical of the Information Commissioner’s decisions in respect of Cabinet minutes. Others will be aware that our former Prime Minister Tony Blair considered himself a “nincompoop” for introducing FOI. There have been plenty of others queuing up in recent months to add their voices of complaint to the chorus of disapproval of this legislation, only 7 years after it came into force.

It is hard to think of another requirement on public bodies that attracts such venom and open hostility. And these views are diametrically opposed to the views of most people outside the public sector who welcome this important tool for holding public authorities to account.

Even some inside Government are suspicious of the motives of the Act’s government critics. The Minister responsible for FOI in the Ministry of Justice, Lord McNally, commented in a recent House of Lords debate that:

 “…when Prime Ministers and mandarins object, this Act might actually be doing something that it was intended to do.”

And yesterday, writing in the Observer, the Information Commissioner himself made it quite clear where he stands. He dismissed Lord O’Donnell’s criticisms, and dispensed with suggestions from universities that they need a whole new exemption for research data.

Nevertheless, the mood music suggests that there is a desire to contain this young legislative upstart. Some of us even inside the public sector feel very strongly that to do so would be a backwards step. Yes, some individuals abuse the right to access information. Some requests are expensive to answer. It can feel personal when a request affects your work. But the overall benefits, whilst difficult to quantify in hard numbers, far outweigh the problems.

It has forced public authorities to open up in a way that would have been unimaginable a decade ago. It has allowed groups from protesters against library closures to disability rights campaigners to make their case to Government on something approaching an equal footing. It has exposed unfairness and inequality in our country. I believe it is starting to make an impact on the effectiveness and efficiency of some public authorities. In short, it makes the UK a fairer country to live in.

And the UK doesn’t exist in isolation. Countries across the globe are adopting FOI legislation. As Nigeria and the Philippines debate the opening up of their governments, is it right that the UK can be considering reducing the rights of its citizens?

So we are standing up to make the case for FOI this year. And we want as many people as possible to join us. So please take a look at our campaign website and consider how you can help us to #saveFOI.

Paul Gibbons is creator of the FOI Man blog and is @foimanUK on Twitter. 

Posted in digital open justice, freedom of information, guest post, human rights, press freedom, freedom of expression, public interest | Tagged , , , , , , | 1 Comment

Inforrm Law and Media Round Up – Rothschild, Twitter joke trial, Von Hannover and Sun arrests

I’ve rounded up the past week in media law over at the Inforrm blog. The coming week should be a bit quieter, with no significant hearings listed in the courts, the House of Commons in recess and the Leveson Inquiry on a break until 27 February.

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Guest post: Adam Fellows – “Press Rights v Privacy Rights”

I didn’t make it to last week’s Bindmans debate at UCL, “Freedom of the Press versus Privacy Rights: Time for Parliament to draw the line?” but fortunately Adam Fellows (@fellowsadam and @eatplaylaw on Twitter) has written it up for those of us who missed it. His account is reproduced here, with his permission.

UCL and Bindmans co-host an annual debate on a topic concerning the Press, and this year saw the fourth such debate in the series. With all that has gone one in the preceding twelve months, this debate was incredibly ‘on-topic’ and was unsurprisingly incredibly packed with attendees from such large law firms, news organisations, and others involved in the Press.

The speakers for the debate were:

The chair of the debate was Hugh Tomlinson QC of Matrix Chambers., with introductions made by Professor Dame Hazel Genn DBE, Dean of Laws at UCL, and Tamsin Allen, partner at Bindmans LLP.

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Posted in blogging, events, freedom of expression, guest post, human rights, media law, press freedom, privacy | Tagged , , , , , , , | Leave a comment

Cross-post: Press ‘omerta’ – How newspapers’ failure to report the phone hacking scandal exposed the limitations of media accountability

Cross-posted on the Media Standards Trust blog, by Daniel Bennett and Judith Townend

“[Nick] Davies’s work…has gained no traction at all in the rest of Fleet Street, which operates under a system of omerta so strict that it would secure a nod of approbation from the heads of the big New York crime families” Peter Oborne, The Observer, April 2010

“There seemed to be some omerta principle at work that meant that not a single other national newspaper thought this could possibly be worth an inch of newsprint” Alan Rusbridger, editor of The Guardian, Newsweek, 2011

Tom Watson MP grabbed headlines last November when he accused James Murdoch of being a “mafia boss” and operating a code of silence, but he wasn’t the first to use the “media omerta” analogy in the phone hacking scandal.

The media’s treatment of developments had been markedly selective. Curiously, it was not just the News International titles that avoided certain avenues of inquiry, following The Guardian’s 2009 revelation of widespread voicemail interception.

In a chapter of a new book about phone hacking we examine Oborne and Rusbridger’s assertions that the press significantly under-reported the phone hacking scandal – a news story which would eventually lead to the demise of the News of the World, several high profile resignations and the ongoing Leveson Inquiry.

Despite significant revelations in July 2009 about the possible extent of phone hacking at the News of the World, coverage of the issue in the press was minimal. Exempting The Guardian and The Observer, a trawl of the articles published in the UK’s major national press titles between 10 June 2006 and 10 November 2011 reveals a failure to report the phone hacking scandal in a sustained and systematic manner.

As shown in our graphs here, there are distinctive patterns in levels of coverage and angles chosen by different national newspaper titles. Coverage only picked up after an investigation by the New York Times at the end of 2010 and the revelations of July 2011.

The story warranted very little newsprint before the major developments in 2011. Whereas The Guardian had written 237 articles by the end of 2010, The Independent had 83, the Daily Telegraph 46, and The Times 43. Perhaps unsurprisingly, the tabloids gave the story barely minimal coverage. By the close of 2010, the Daily Mail and the Mail on Sunday had written 38 articles, The Sun 17, and the Daily Mirror and the Sunday Mirror a mere 11 [more on methodology here].

At various times between 2006 and 2011, aspects of the phone hacking story were simply not reported by British journalists. In the words of Guardian editor Alan Rusbridger, they were apparently ‘blinded’ to ‘the significance of the issue’.

In our chapter we look deeper into the ways media covered the story. We argue that explanations for the non-reporting of the phone hacking scandal need to delve beyond simplistic, if valid, assertions of industry cover-up.

To understand why the majority of national newspapers didn’t regard phone hacking as newsworthy, it is necessary to unpick a tangled web of contributing factors.

We explore competing professional, political and commercial interests; the failure of other organisations – particularly the Metropolitan Police – to investigate the matter thoroughly; and the intimidating power of News International.

On this occasion, a large part of the media failed to deem its own industry’s scandal ‘newsworthy’ enough to warrant proper attention, which has ramifications far beyond the phone hacking scandal.

The inclination for journalists not to regard a scandal within their own industry as ‘newsworthy’ is hardly surprising, but other stories might also be suppressed for a similar combination of professional, political and commercial interests – a fact that ought to be considered by Lord Justice Leveson’s inquiry and other bodies considering the question of press regulation.

The vigour of journalism and healthy democratic debate is not merely dependent on the effective regulation of what is reported, it is also dependent on ensuring that harmful illegal activity is regarded as sufficiently ‘newsworthy’ to be investigated and reported.

A new system of regulation should not only end the abuse of self-regulation by the News of the World, it should also consider whether newspapers ought to be independently held to account for their editorial decisions regarding ‘newsworthiness’.

Our full chapter is available on the Social Science Research Network here. It is an extract from The Phone Hacking Scandal: Journalism on Trial, edited by Richard Lance Keeble and John Mair (Arima 2012). The book was launched at an event in London on Tuesday 7 February.

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John Tulloch: Oiling a very special relationship – journalists, bribery and the detective police

This article by Professor John Tulloch, Lincoln School of Journalism, is an extract from The Phone Hacking Scandal: Journalism on Trial, edited by Richard Lance Keeble and John Mair (Arima 2012). The book will be launched at an event in London on Tuesday 7 February. It is reproduced with the permission of the author and publishers.  

Abstract: This paper explores aspects of the early history of relations between London-based journalists and London’s police from the origins of the Metropolitan police in 1829 with the aim of providing a historical context within which the present crisis can be placed.  It analyses the reasons for the development of a uniquely close relationship on the basis of a set of permanent, mutual needs, despite recurrent  attempts to regulate and control police-press communications.

Apart from the issues of ‘corruption’ raised by the monetary relationship between police and press, the changing nature of the needs of the popular press for a regular supply of crime-related stories and ready access to victims and perpetrators, are balanced against the requirements of the police for positive publicity in its political struggle for resources, the development of police careers, and crime prevention and law enforcement.

“No one pays like the News of the World do.” (Attributed to the private eye Jonathan Rees, Davies 2011)

‘20 per cent of the Met [force] has taken backhanders from tabloid hacks.’ (Paul McMullan talking to Hugh Grant, New Statesman 2011)

‘Police investigating allegations of illegal payments to officers by journalists arrested a 48-year-old man today. The man, believed to be a journalist, was arrested at about 10.30am at an address outside London in connection with allegations of corruption and was taken to a south west London police station.’ (Press Gazette, 4 November 2011)

One fall-out from the recent revelation of what appears to be an extraordinary cash nexus between the News of the World and the Metropolitan Police and the possible involvement of other popular newspapers is that we may need to revise the essentially comforting proposition in the academic literature on crime and the media that payments to police for information by the press have been comparatively rare.

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Posted in academic research, data protection, guest post, journalism, leveson inquiry, media ethics, media law, media regulation, newspapers, phone hacking, police, press freedom, privacy | Tagged , , , , , | Leave a comment

Open Justice Week – a few more details

Yesterday I blogged about a new Scottish initiative for ‘Open Justice Week‘, starting Monday 27 February. Its organisers have since replied to my questions – their answers are shared below:

How will your partnership with the Guardian work?

We are having ongoing discussion with Guardian Law, the plan is for Guardian journalists, including those not used to covering courts, to go out and report on cases. The Guardian has also agreed to publish some of the best output coming from our writers and pushing the social media aspect south of the border.

Is it a country-wide initiative, or just Scotland based?

Our intention is to make it as wide as possible, at the moment we have started with Scotland as it is where we are based and have contacts, but in the next couple of weeks we plan to roll out the initiative and engage those in England, Wales and Northern Ireland too.

How do you see the project developing after ‘open justice week’?

At the moment we are focusing on making the week itself as successful as possible, we are open to suggestions as to how to take the project forward at the end of the week.

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Open justice: forging the digital path ahead

In a nice bit of serendipity, I discovered yesterday that the Centre for Law, Justice and Journalism’s ‘Justice Wide Open‘ event on 29 February will fall in ‘Open Justice Week’, a new initiative led by James Doleman, of the Tommy Sheridan trial blog, and the Scottish Press Club and Glasgow court reporter Cristiana Theodoli.

Their ‘Open Justice UK‘ project, which will go live on Monday 27 February, aims “to get writers, legal professionals and members of the public to collaborate using social media to share their experiences of a week in the life of the legal system”.

Our goal is to publish accounts from all levels of justice, from the lowest courts to the highest, inviting lawyers, journalists, members of the public and offenders to write, blog and tweet about what really goes on in our courts.

Guardian Law supported the project in an editorial yesterday,

The project is not without difficulties. Participants need training in how to avoid contempt of court, which some lawyers have offered to provide. Some Scottish courts lack a phone signal, let alone decent Wi-Fi. Judges may have reservations. Professional court reporters know that their job demands skill and care. But peering into the workings of the justice system is a necessary task, and we wish the project every success.

Open Justice UK is on Twitter @oj_UK and has a Facebook group here. It strikes me as a really useful exercise and I look forward to participating/following.

As the Guardian says, there will be difficulties ahead for the digital court reporter. While excited about the future for ‘digital open justice’, I’m also keenly aware of the ethical and legal dilemmas it brings.

For example, is it always appropriate to allow live-tweeting in court? If so, should more guidance and resources be made available to both journalists and the general public? I shared the discomfort of some tweeters about live tweets from the Gary Speed inquest and reflected on whether they met the PCC’s criteria for reporting inquests. The tweets I saw did not seem to divulge any more detail than the subsequent press reports but nonetheless, I felt myself agreeing with the Mirror’s Jim Shelley who said: “Who amongst us really needs ‘live updates’ from #garyspeedinquest?”

From a legal perspective, contempt of court poses the biggest challenge: last week tweeting was banned in the Harry Redknapp trial at Southwark Crown Court, after a journalist tweeted the name of a juror and about evidence given by a witness under oath in the absence of the jury – the matter has now been referred to the Attorney General, according to Legal Week.

‘Open Justice Week’ could provide a good platform to discuss these and other issues, as well as an opportunity to come up with new ideas and strategies for the development of digital open justice.

Our coincidentally but aptly timed Justice Wide Open event at City University is now fully booked, but you can join the waiting list here.

It will feature a specific session on court reporting (with Heather Brooke, journalist and activist; Mr Mike Dodd, editor of PA Media Lawyer; Adam Wagner, barrister, One Crown Office Row and editor of the UK Human Rights Blog, William Perrin, founder, Talk About Local and member of the Crime and Justice Sector Panel on Transparency).  We’ll be tweeting and blogging the event, as well as publishing the papers later in the spring.

As a postscript, the Cabinet Office has released submissions to its Open Data Consultation here. I haven’t had a chance to go through them yet, but they include responses from the Ministry of Justice, the Information Commissioner’s Office, the Campaign for Freedom of Information, Creative Commons and the Open Rights Group – (and a submission by Lucy Series and me on legal data).

Posted in contempt of court, courts, digital open justice, events, journalism, media ethics, media law | Tagged , , , , , | Leave a comment