Out-Law News 2 min. read

Editor calls for new ombudsman to have powers to fine newspapers


A new press 'ombudsman' should be set up with the power to issue newspapers with fines for falling below press standards, a newspaper editor has said.

Paul Dacre, editor-in-chief at Associated Newspapers, told the Leveson Inquiry into the culture, practices and ethics of the press that the ombudsman could be given powers to investigate press industry scandals and fine newspapers involved "in the cases of the most extreme malfeasance".

"An ombudsman – possibly a retired judge or civil servant, and possibly advised by two retired editors from both ends of newspaper spectrum – could have the power to investigate, possibly with specialists co-opted onto his panel, potential press industry scandals," Dacre said, according to a transcript of Dacre's speech obtained by Out-Law.com.

"The ombudsman could also have the power to summon journalists and editors to give evidence, to name offenders and, if necessary, - in the cases of the most extreme malfeasance - to impose fines. On the principle of 'polluter pays' offending media groups could, within reason, be forced to carry the costs of any investigation affecting their newspapers," he said.

The UK press is currently self-regulated by industry representatives under rules set out in the Editors' Code of Practice (Code). The Code is a set of standards journalists should observe when reporting and includes rules on accuracy, intrusion into grief and privacy and secret recordings.

Press watchdog the Press Complaints Commission (PCC) can 'name and shame' publications that break the Code and ask them to publish apologies, but it has no legal powers to enforce punishments such as fines for violations of the Code.

The PCC has been widely criticised, and described by some as "toothless", in the wake of the UK phone hacking scandal. In July Prime Minister David Cameron announced an independent inquiry into the culture, practices and ethics of the press, led by Lord Justice Leveson, following allegations of phone hacking at the now-defunct News of the World newspaper.

Cameron said press watchdog the PCC had "failed" to regulate the press properly and called for a new system of regulation that should "strike the balance" between privacy rights and what newspapers can publish in the public interest.

Paul Dacre said that criticism of the PCC was misplaced and said the watchdog could work "in tandem" with the new ombudsman.

"The Commission should continue to do what it does well: resolve complaints, issue adjudications and impose the Code," Dacre said.

Dacre said it would be "disastrous" for the PCC to be responsible for issuing fines as it would result in legal battles that would "end ... quick and free PCC justice". The editor-in-chief said, though, that it was "vital" the PCC continued to help "vulnerable people obtain protection and redress, without compromising freedom of expression".

The Government should create a legal requirement for all newspaper groups to be committed to self-regulation, Dacre said. Currently the Express Group, which publishes papers including the Daily Express and Daily Star, are not subscribed to the Editors' Code.

"While I abhor statutory controls, there’s one area where Parliament can help the press," Dacre said.

"Some way must be found to compel all newspaper owners to fund and participate in self-regulation. God knows, the industry fought hard enough to prevent it, but the Express Group’s decision to leave the PCC was a body blow to the Commission. How can you have self-regulation when a major newspaper group unilaterally withdraws from it?" he said.

Dacre also said that three national Associated Newspapers publications will soon have a dedicated section containing "corrections and clarifications". The industry has previously been criticised for not highlighting their mistakes and apologies as prominently as stories that contained inaccuracies in the first place.

"I believe corrections must be given more prominence," Dacre said.

"As from next week, the Daily Mail, the Mail on Sunday and Metro will introduce a 'corrections and clarifications' column on page two of these papers," he said.

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