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Leveson Inquiry

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The Leveson Inquiry[1] is an ongoing public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal. On 6 July 2011, Prime Minister David Cameron announced to Parliament that an inquiry would be established under the Inquiries Act 2005 to further investigate the affair. On 13 July, Cameron appointed Lord Justice Leveson as Chairman of the inquiry, with a remit to look into the specific claims about phone hacking at the News of the World, the initial police inquiry and allegations of illicit payments to police by the press, and a second inquiry to review the general culture and ethics of the British media.[2]

Leveson appointed a panel of six assessors to work alongside him on the Inquiry and six barristers to be Counsel to Inquiry. The Inquiry is funded through two Government departments: the Department for Culture, Media and Sport and the Home Office. [3]

In September 2011 Lord Justice Leveson commissioned a series of teaching or briefing sessions to provide the Inquiry with some key factual background information material. These took the form of expert presentations with an opportunity for members of the Inquiry to ask questions. Another component of the Inquiry will be seminars on the central public policy issues to inform the Inquiry’s terms of reference. As part of Module 1 of the Inquiry, Lord Justice Leveson held three seminars in October 2011 in the QEII Conference Centre in Westminster. Influential experts and key people in the areas discussed were invited to present brief papers to stimulate debate amongst the invited audience of opinion-formers. These seminars were made available on the Inquiry's website and members of the public were encouraged to further the debate.

Core participants were designated by Leveson as being: News International, the Metropolitan Police, victims, Northern and Shell Network Ltd, Guardian News and Media Ltd, Associated Newspapers Ltd, Trinity Mirror, Telegraph Media Group, and the National Union of Journalists. 51 victims were named by the Inquiry as of November 2011, comprising members of the public, politicians, sportsmen, other public figures, who may have been victims of media intrusion and have been granted "core participant" status in the inquiry.

Leveson opened the hearings on Monday 14 November 2011, saying: "The press provides an essential check on all aspects of public life. That is why any failure within the media affects all of us. At the heart of this Inquiry, therefore, may be one simple question: who guards the guardians?"[4] Hearings into the relations between press and public took place between November 2011 and February 2012 with testimony from complainants about press intrusion, journalists and media executives, those with a special interest in press behaviour and freedom, and others. These were followed in February 2012 by hearings into relationships between the press and police.

Scope and process

According to the press release of 14 September[5] it was stated Part 1 of the Leveson Inquiry will address:

"the culture, practices and ethics of the press, including contacts between the press and politicians and the press and the police; it is to consider the extent to which the current regulatory regime has failed and whether there has been a failure to act upon any previous warnings about media misconduct."[5]

Part 2 of the inquiry will address:

"the extent of unlawful or improper conduct within News International, other media organisations or other organisations. It will also consider the extent to which any relevant police force investigated allegations relating to News International, and whether the police received corrupt payments or were otherwise complicit in misconduct."[5]

The inquiry is running in four modules. These are:

Module 1: The Press and the Public: The relationship between the press and the public and looks at phone-hacking and other potentially illegal behaviour

Module 2: The Press and the Police: The relationships between the press and police and the extent to which that has operated in the public interest

Module 3: The Press and Politicians: The relationship between press and politicians

Module 4: The Future: Recommendations for a more effective policy and regulation that supports the integrity and freedom of the press while encouraging the highest ethical standards.

Requests for written evidence in relation to Module 1, were sent out in August, and Lord Justice Leveson also invited comments, evidence and submissions from any other interested parties. As part of this process, Lord Justice Leveson held a series of seminars in September and October to set the context for the Inquiry. Comments on the issues raised were invited from members of the public at three seminars which were held in October (see Seminars). Formal evidence hearings started on Monday 14 November at the Royal Courts of Justice.[6]

Part 2 will be addressed later because of ongoing investigations by law enforcement organizations.

Terms of reference

Terms of reference for Judge-led Inquiry

Part 1

1. To inquire into the culture, practices, and ethics of the press, including:

a. contacts and the relationships between national newspapers and politicians, and the conduct of each;

b. contacts and the relationship between the press and the police, and the conduct of each;

c. the extent to which the current policy and regulatory framework has failed including in relation to data protection; and

d. the extent to which there was a failure to act on previous warnings about media misconduct.

2. To make recommendations:

a. for a new more effective policy and regulatory regime which supports the integrity and freedom of the press, the plurality of the media, and its independence, including from Government, while encouraging the highest ethical and professional standards;

b. for how future concerns about press behaviour, media policy, regulation and cross-media ownership should be dealt with by all the relevant authorities, including Parliament, Government, the prosecuting authorities and the police;

c. the future conduct of relations between politicians and the press; and

d. the future conduct of relations between the police and the press.

Part 2

3. To inquire into the extent of unlawful or improper conduct within News International, other newspaper organisations and, as appropriate, other organisations within the media, and by those responsible for holding personal data.

4. To inquire into the way in which any relevant police force investigated allegations or evidence of unlawful conduct by persons within or connected with News International, the review by the Metropolitan Police of their initial investigation, and the conduct of the prosecuting authorities.

5. To inquire into the extent to which the police received corrupt payments or other inducements, or were otherwise complicit in such misconduct or in suppressing its proper investigation, and how this was allowed to happen.

6. To inquire into the extent of corporate governance and management failures at News International and other newspaper organisations, and the role, if any, of politicians, public servants and others in relation to any failure to investigate wrongdoing at News International

7. In the light of these inquiries, to consider the implications for the relationships between newspaper organisations and the police, prosecuting authorities, and relevant regulatory bodies – and to recommend what actions, if any, should be taken.[7]

Briefing sessions

Lord Justice Leveson commissioned a series of teaching or briefing sessions to provide the Inquiry with some key factual background information material.[8] They will take the form of expert presentations with an opportunity for members of the Inquiry to ask questions. Three sessions have been held to date. They are:

Briefing Session 1: Techniques of access to personal data

This briefing was provided in closed session on 19 September 2011. Lord Justice Leveson made a restriction order under section 19 of the Inquiries Act 2005. The briefing covered the technicalities of intercepting phone calls, voicemails and email, and other means of access to private information. The session was commissioned to explain to the Inquiry the technicalities of phone hacking and other possible means of covert access to private information.[9]

Briefing Session 2: Current media law

This briefing session was held at 2pm on Wednesday 28 September 2011, and led by Mark Warby QC, a leading silk in media, entertainment, sports and regulatory law. His presentation covered the existing legal framework governing the operation of the media, including the relationship between Articles 8 and 10 of the European Convention of Human Rights, data protection, freedom of information, and the law relating to broadcasting, both at UK and at applicable European level. The purpose of the session was to give the Inquiry an overview of the legal context within which the media is currently required to operate.[10]

Briefing Session 3: Regulatory systems

The third session was held at 2pm on Wednesday 5 October 2011 and helped the Inquiry understand both the potential and the limitations of regulatory systems, the ideas and techniques underlying them, and the forms that they currently take. It provided an overview of the full range of regulatory approaches from self-regulation to detailed legal regimes, looking at models in use in a number of different areas, sectors and countries. There were presentations by Donald Macrae,[11] Ed Richards[12] (CEO of Ofcom), David Smith (Deputy Information Commissioner of the ICO),[13] Tony Boorman, of the Financial Ombudsman Service,[14][15] Guy Parker and Lynsay Taffe of the ASA,[16] Mark Tompson and Stephen Abell.[17]

Seminars

Lord Justice Leveson announced that he would hold a number of seminars to enable consideration of the central public policy issues in the Inquiry’s terms of reference to be enriched by and examined from across a range of informed perspectives. Each of the seminars was chaired by one or more of the Inquiry’s assessors with Lord Leveson present. To ensure that the seminars were informed by professional opinion in the field, Lord Justice Leveson invited a small number of influential experts and key people in the area to make a personal contribution by presenting brief papers to stimulate debate among an invited audience of opinion-formers.

The seminars were recorded and made available on the Inquiry's website. The intention was that these seminars would provide the stimulus for an open invitation for both media professionals and members of the public to continue the debate online, and provide further evidence to the Inquiry. They constituted a part of the Inquiry’s procedures. The seminars were in addition to, and quite distinct from, the forensic fact-finding exercise undertaken by way of formally seeking witness evidence as to the circumstances surrounding the phone-hacking scandal itself and the other issues that the Inquiry was asked to consider and where Lord Justice Leveson separately invited or required first-hand accounts from a range of witnesses. The seminars, by contrast, were an opportunity for the Inquiry to take a broad brush look at the wider picture – to hear opinions and debate.[18]

Module 1 Seminars

Seminar 1: The Competitive Pressures on the Press and the Impact on Journalism[19]

Held on 6 October 2011. This seminar looked at the market in which the printed press operate and the pressures that changes in the market are putting on the industry. It considered the extent to which those pressures affect editorial decisions and looked at the pressures on journalists on a day to day basis and where those pressures come from. It helped the Inquiry to understand how newspapers work and what the internal and external pressures are and how they differ across the market. There were presentations by Claire Enders, Phil Hall and Richard Peppiatt.

Seminar 2: The Rights and Responsibilities of the Press[20]

Held on 6 October 2011. The seminar looked at the importance of a free press and the role of a free press, as well as considering issues around what the ‘public interest’ means and how it can be assessed and whether there is a shared sense of journalistic ethics. There were presentations by Alan Rusbridger, Trevor Kavanagh and Brian Cathcart.

Seminar 3: Supporting a free press and high standards – approaches to regulation[21]

Held on 12 October 2011. This seminar looked at the future for self-regulation and how internal corporate governance structure and processes can be used to ensure compliance with standards. It also considered issues around redress for those who have been treated badly when standards are breached and the importance of protecting freedom of expression and defending the freedom of the press. There were presentations by Eve Salomon, Paul Dacre, Will Moy, Stephen Hill, Sly Bailey, Professor Steven Barnett, Desmond Browne QC, Professor Robert Baldwin, John Kampfner, Professor James Curran and Kelvin MacKenzie.

Inquiry team

Chairman

The Right Honourable Lord Justice Leveson

Assessors

On 20 July 2011, Cameron announced in a speech to Parliament the final terms of reference of Leveson's inquiry, stating that it will extend beyond newspapers to include broadcasters and social media. He also announced a panel of six people who will work with the judge on the inquiry:[22]

Counsel to inquiry

Core participants

The Inquiry’s ‘core participants’ (CPs) are designated by the Chairman. An individual or an organisation can become a CP if they seem to the Chairman to meet one or more of the following criteria according to Rule 5 of the Inquiries Rules 2006:

  • the person played, or may have played, a direct and significant role in relation to the matters to which the inquiry relates;
  • the person has a significant interest in an important aspect of those matters to which the inquiry relates; or
  • the person may be subject to explicit or significant criticism during the inquiry proceedings or in its report.[24]

One of the privileges of being a core participant is that "the recognised legal representative of a core participant may apply to the chairman for permission to ask questions of a witness giving oral evidence.[25]:

As of November 2011, the core participants were designated as being:

  • News International
  • The Metropolitan Police
  • Victims (see below)
  • Northern and Shell Network Ltd
  • Guardian News and Media Ltd
  • Associated Newspapers Ltd
  • Trinity Mirror
  • Telegraph Media Group
  • the National Union of Journalists.

Victims

The 14 September 2011 press release[5] also named 46 politicians, sportsmen, other public figures, and members of the public who may have been victims of media intrusion and who have been granted "core participant" status in the inquiry.[26]

51 victims were named by the Inquiry as of November 2011.[27] They were:

3

Witnesses

Module 1: The Press and the Public

Oral evidence was taken from 184 witnesses on the following schedule. The statements of 42 other witnesses were read into the record.[29]

2011
Monday 21 November - Bob Dowler, Sally Dowler, Hugh Grant, Graham Shear, Joan Smith
Tuesday 22 November - Steve Coogan, Mary-Ellen Field, Garry Flitcroft, Margaret Watson
Wednesday 23 November - Sheryl Gascoigne, Mark Lewis, Gerry McCann, Tom Rowland
Thursday 24 November - HJK, Sienna Miller, Max Mosley, JK Rowling, Mark Thomson
Monday 28 November - Charlotte Church, Anne Diamond, Ian Hurst, Chris Jefferies, Jane Winter[30]
Tuesday 29 November - Richard Peppiatt, Nick Davies, Paul McMullan
Wednesday 30 November - Alastair Campbell, Alex Owens[31]
Monday 5 December - Alex Owens, Francis Aldhouse, Peter Burden [32][33]
Tuesday 6 December - Charlotte Harris, David Leigh, Steven Nott, Chris Atkins[32]
Thursday 8 December - Professor Steven Barnett, Professor George Brock, Professor Brian Cathcart, Angela Phillips, Professor Ian Hargreaves, Professor Julian Petley, Dr Daithí Mac Síthigh[32]
Friday 9 December - Richard Thomas[32]
Monday 12 December - Mazher Mahmoud, Neville Thurlbeck, Neil Wallis[32]
Tuesday 13 December - Lawrence Abramson, Julian Pike, Tom Crone[32]
Wednesday 14 December - Tom Crone (continued), Jonathan Chapman, Colin Myler[32]
Thursday 15 December - Colin Myler (continued), Daniel Sanderson, Derek Webb[32]
Monday 19 December - Stuart Hoare, James Hanning, Matthew Driscoll[32]
Tuesday 20 December - Julian Pike, Steve Turner, Sharon Marshall, Matthew Bell, Christopher Johnson, Piers Morgan[32]
Wednesday 21 December - James Hipwell, David Pilditch, Nick Fagge, Padriac Flanagan[32]
2012
Monday 9 January - John Edwards, Duncan Larcombe, Kelvin Mackenzie, Dominic Mohan, Gordon Smart and Justin Walford[32]
Tuesday 10 January - Lionel Barber, Chris Blackhurst, Tony Gallagher, William Lewis, Murdoch MacLennan, Manish Malhotra, Andrew Mullins, Finbarr Ronayne[32]
Wednesday 11 January - William Lewis (continued), Paul Silva, Peter Wright[32]
Thursday 12 January - Paul Ashford, Richard Desmond, Peter Hill, Dawn Neesom, Nicole Patterson, Hugh Whittow[32]
Monday 16 January - Richard Wallace, Tina Weaver, Andrew Penman, Lloyd Embley, Sly Bailey[32]
Tuesday 17 January - Ian Hislop, Thomas Mockridge, Susan Panuccio, Rupert Pennant-Rea, James Harding, John Witherow, Chris Elliott, Alan Rusbridger[32]
Wednesday 18 January - Rosie Nixon, Lisa Byrne, Lucie Cave, Peter Charlton, Noel Doran, Spencer Feeney, Mike Gilson, Marie McGeoghan, John McLellan, Nigel Pickover, Jonathan Russell[32]
Monday 23 January - Mark Thompson, Lord Patten, Jim Gray, John Battle[32]
Tuesday 24 January - Jonathan Heawood, John Kampfner, Jacqui Hunt, Marai Larasi, Anna Van Heeswijk, Heather Harvey, Inayat Bunglawala, Fiona Fox, Ryan Parry, Gary O'Shea, Stephen Waring[32]
Wednesday 25 January - Mazher Mahmood (recalled), Bob Crow, David Allen Green, Jonathan Grun[32]
Thursday 26 January - Christopher Graham, Daphne Keller, David-John Collins, Camilla Wright, Richard Allan[32]
Monday 30 January - Tim Toulmin, Stephen Abell[32]
Tuesday 31 January - Sir Christopher Meyer, Lord Grade, Lord Hunt[32]
Wednesday 1 February - Collette Bowe, Ed Richards, Lord Black, Guy Parker[32]
Thursday 2 February - Adrian Graham, David Palmer, James Blendis, Mark Hughes, Tony Imossi, Tony Smith, Baroness Hollins[32]
Monday 6 February - Sue Akers, Dan Wooton, Nick Owens, Paul Dacre[32]
Tuesday 7 February - Ronald Zink, Baroness Buscombe, Colin Crowell, Neil Turner, James Harding (recalled), Dominic Mohan (recalled), Gary Morgan[32]
Wednesday 8 February - Martin Moore, Will Moy, Carla Buzasi, Paul Staines, Keir Starmer QC, Helen Belcher, Pam Surphlis[32]
Thursday 9 February - Darryn Lyons, Ian Edmondson, Heather Mills, Michelle Stanistreet, Max Clifford, Paul Dacre (recalled)[32]

Module 2: The Press and the Police

2012
Monday 27 February - DC Sue Akers, Brian Paddick, Lord Prescott[32]
Tuesday 28 February - Simon Hughes MP, Jacqui Hames, Christopher Jefferies (recalled), Nick Davies (recalled)[32]
Wednesday 29 February - DS Phillip Williams

Criticism and controversy

It was subsequently reported in the media that Leveson had attended two parties in the prior 12 months at the London home of Matthew Freud, a PR executive married to Elisabeth Murdoch, the daughter of Rupert Murdoch.[34][35] These revelations led to a number of Labour MP calling for Leveson to be removed from the Inquiry.[36][37] These were two large evening events attended in Leveson's capacity as Chairman of the Sentencing Council, and with the knowledge of the Lord Chief Justice.[38] The context of these events is fully described in Leveson's declaration on the inquiry website.[38]

In September 2011, former Merseyside Police Inspector Alec Owens, the original lead investigator of Information Commissioner's Office's (ICO) Operation Motorman, criticised the senior management of the ICO for the way in which the investigation was handled. He stated that investigators were prohibited from interviewing journalists and alleged that this was because the management "were frightened". He said that had the team been allowed to question journalists the use of phone hacking might have been uncovered earlier.[39] In November 2011, just a few days before Owens was due to give evidence to the Leveson Inquiry on 30 November, his home was raided under warrant by Cheshire Police. Before leaving under police caution for an interview at Wilmslow police station, Owens informed Lord Leveson by phone of the raid.[40]

In late November 2011, political blogger Paul Staines on his Guido Fawkes site posted the Inquiry pre-submission of former journalist and Labour Party spin-doctor Alistair Campbell. All pre-submissions are given under strict and full confidentiality, and all core participants - including victims, the Met Police and the Crown Prosecution Service - are also signatories. Staines later stated that he had obtained the submission legally and that it was a preliminary draft which had been circulated by Alastair Campbell to journalists and others for comment.[41] Mr Staines himself gave evidence to the Inquiry on his activities as a blogger on 8 February 2012.[32]

See also

References

  1. ^ The Leveson Inquiry (Official website).
  2. ^ "Phone hacking: David Cameron announces terms of phone-hacking inquiry". The Telegraph. London. 13 July 2011. Retrieved 13 July 2011.
  3. ^ "The Leveson Inquiry:FAQs". The Leveson INquiry. The Leveson INquiry. Retrieved 3 December 2011.
  4. ^ "Background". Leveson Inquiry front page. The Leveson Inquiry. Retrieved 5 December 2011.
  5. ^ a b c d "Ruling on Core Participants" (PDF) (Press release). The Leveson Inquiry. 14 September 2011. Retrieved 15 September 2011.
  6. ^ "Process". About the Inquiry. Leveson Inquiry. Retrieved 29 November 2011.
  7. ^ "Terms of Reference". Home / About the Inquiry /Terms of Reference. Leveson Inquiry. Retrieved 29 November 2011.
  8. ^ "Breifing Sessions". Leveson inquiry: Events. Leveson Inquiry. Retrieved 29 November 2011.
  9. ^ "Briefing Session 1: Techniques of access to personal data". Leveson Inquiry: Events: Briefing sessions. Leveson Inquiry. Retrieved 29 November 2011.
  10. ^ "Briefing Session 2: Current media law". Leveson Inquiry: Events: Briefing sessions. Leveson Inquiry. Retrieved 29 November 2011.
  11. ^ Macrae, Donald. "Donald Macrae presentation document". Briefing Sessions. Leveson Inquiry. Retrieved 29 November 2011.
  12. ^ Richards, Ed. "Models of Media Regulation" (PDF). Briefing Session 3. Ofcom. Retrieved 29 November 2011.
  13. ^ Smith, David. "How the Information Commissioner's office operates as a regulator". Briefing Session 3. Information Comissioners office. Retrieved 29 November 2011.
  14. ^ Boorman, Tony. "the work of the Financial Ombudsman Service – a contribution to the Leveson Inquiry" (PDF). Briefing Session 3, presentations. Financial Ombudsman Service. Retrieved 29 November 2011.
  15. ^ Financial Ombudsman Service. "Alternative Dispute Resolution in the Financial Sector – a memorandum from the Financial Ombudsman Service" (PDF). Briefing Session 3: presentations. Financial Ombudsman Service. Retrieved 29 November 2011.
  16. ^ Parker, Guy. "The Advertising Standards Authority Leveson Inquiry: regulatory models briefing". Briefing Session 3: presentations. CAP, ASA. Retrieved 29 November 2011.
  17. ^ "Briefing Session 3: Regulatory systems". Leveson Inquiry: Events: Briefing sessions. Leveson Inquiry. Retrieved 29 November 2011.
  18. ^ "Seminars". Leveson Inquiry. Retrieved 10 February 2012.
  19. ^ "Competitive pressures seminar". Leveson Inquiry. Retrieved 10 February 2012.
  20. ^ "Rights and responsibilities seminar". Leveson Inquiry. Retrieved 10 February 2012.
  21. ^ "Supporting a Free Pres seminar". Leveson Inquiry. Retrieved 10 February 2012.
  22. ^ Lisa O'Carroll (20 July 2011). "Phone-hacking inquiry extended to include broadcasters and social media". The Guardian. London. Retrieved 20 July 2011.
  23. ^ "Counsel to Inquiry". The Leveson Inquiry: People. The Leveson Inquiry. Retrieved 28 November 2011.
  24. ^ "Core Particpants". The Leveson Inquiry; Core particpants. The Leveson Inquiry. Retrieved 28 November 2011.
  25. ^ "Statutory Instrument 2006 No. 1838 The Inquiry Rules 2006 (effective 1 August 2006)". The Inquiry Rules 2006. UK Laws Legal Portal. Retrieved 15 September 2011.
  26. ^ O'Carroll, Lisa (14 September 2011). "Leveson phone-hacking inquiry: JK Rowling among 'core participants'". The Guardian. London. Retrieved 15 September 2011.
  27. ^ "List of victims". Core participants. Leveson Inquiry. Retrieved 29 November 2011.
  28. ^ "Hacking inquiry: Core participant status for dozens". BBC. 14 September 2011. Retrieved 30 November 2011.
  29. ^ "Transcript of afternoon hearing 9 Feb 2012" (PDF). Leveson Inquiry. Retrieved 12 February 2012.
  30. ^ "Witness list week commencing 21 Nov 2011" (PDF). Leveson Inquiry uploads. Leveson Inquiry. Retrieved 30 November 2011.
  31. ^ "Witness list" (PDF). Leveson Inquiry uploads. Leveson Inquiry. Retrieved 30 November 2011.
  32. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag "Hearings list". Leveson Inquiry. Retrieved 6 December 2011.
  33. ^ Robinson, James (5 December 2011). "Leveson inquiry into phone hacking: who's appearing on Monday". The Guardian. London. Retrieved 7 December 2011.
  34. ^ Hope, Christopher (22 July 2011). "Phone hacking inquiry judge attended parties at home of Rupert Murdoch's son-in-law". London: The Telegraph. Retrieved 23 July 2011.
  35. ^ "MP calls for police to investigate Murdoch son over crucial email". London Evening Standard. 22 July 2011. Retrieved 23 July 2011.
  36. ^ Merrick, Jane; Owen, Jonathan; Brady, Brian; Hickman, Martin (24 July 2011). "Miliband mulls MPs' demands to remove hacking-inquiry judge". The Independent. London. Retrieved 28 July 2011.
  37. ^ "Inquiry judge has links to Murdochs". Press TV. 23 July 2011. Retrieved 28 July 2011.
  38. ^ a b http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Declaration-Lord-Justice-Leveson.pdf
  39. ^ Burrell, Ian; Olden, Mark (14 September 2011). "Exposed after eight years: a private eye's dirty work for Fleet Street". The Independent. London. Retrieved 14 September 2011.
  40. ^ "Leveson inquiry: News of the World journalists' computers put 'through a grinder' | Mail Online". London: Dailymail.co.uk. 19 November 2011. Retrieved 2012-01-14.
  41. ^ Staines, Paul. "Witness statement" (PDF). Leveson Inquiry. Retrieved 8 February 2012.