Aug 11th 2016, 19:48

AN UNDER-REGULATED PRESS?
DON’T MAKE US LAUGH, LEVESON

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

‘Even a cursory review of this book demonstrates that journalists now tread in a complex legal environment,’ writes Sunday Times Editor Martin Ivens, in the foreword to this new and important legal text from the Oxford University Press.

Here is a book that by turns, will fascinate, inform, caution and probably worry a great many editors, journalists and their legal advisers. As a first edition, it will almost undoubtedly emerge as the definitive work of reference on the legal complexities governing the newsgathering process --
including the protections as well as the pitfalls.
Covering every conceivable aspect of the legalities and regulatory restraints with which eager newsgatherers and their legal teams should be deeply concerned, the authors somewhat ruefully advise that ‘the law and regulation of newsgathering has moved into the spotlight.’

The focus of this book therefore is the legal and regulatory oversight of newsgathering practices. But as the authors, Gavin Millar QC and Andrew Scott, and their associate contributors point out, these rules, laws and so on, are scattered around disparate areas of statute, the common law and industry-generated codes of practice.’ which are conveniently brought together in this book, together with recent legislation. Interestingly, the authors adopt a critical as well as analytical approach to their subject matter.

Following a detailed yet succinct introductory section which includes some pithy comments generally, on freedom of the press, the writers have logically divided the book into four parts. Part I investigates the protection of sources and journalistic materials. Part II deals with access to public information, including information held by government and the courts.

Part III covers the regulation of intrusive newsgathering, harassment, entrapment and the category of clandestine newsgathering, which includes, among other things, theft undercover filming and recording, and computer hacking.

Part IV is a detailed explication of publication torts and defamation practice, the features of defamation law and ethical newsgathering. This is perhaps the section of most interest to the public, as well as journos and lawyers. ‘The influence of the law of defamation, ‘say the authors, ‘is perhaps less definitive than the rapidly developing law of confidentiality and privacy.’

Bearing in mind the multiplicity of laws, regulations and so forth which now impact on the process of newsgathering, plus such regulatory bodies as the Press Complaints Commission, now the Independent Press Standards Organisation (IPSO), it is not difficult to agree with the remark by Martin Ivens that ‘this book puts paid to the idea that the press had been unregulated.’

‘As an editor,’ he adds, ‘I sometimes look across the ocean with envy at the protections afforded to American journalists by the First Amendment… the linchpin of the American Constitution (which) protects free speech but does not cover the way in which journalists gather their material.’

Whatever opinions you may entertain regarding press freedom, this book presents the full panoply of regulation which governs newsgathering in the UK. Logically structured, it is easy to navigate and its extensive footnoting makes it an excellent research tool, particularly with its lengthy tables of cases and legislation. Practitioners, especially media lawyers, not to mention editors and journalists should all have a copy.

The publication date is cited as at 2016.

Newsgathering represents an important contribution to the literature on media law. It is a useful resource which serves to illustrate, as the authors show, the myriad ways in which the state can (and does) exercise coercion over the press. * Paul Wragg, Communications Law * Here is a book that by turns, will fascinate, inform, caution and probably worry a great many editors, journalists and their legal advisers. As a first edition, it will almost undoubtedly emerge as the definitive work of reference on the legal complexities governing the newsgathering process - including the protections as well as the pitfalls ... Practitioners, especially media lawyers, not to mention editors and journalists should all have a copy. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *