Memorandum submitted by Trinity Mirror
Plc
1. INTRODUCTION
1.1. The Culture, Media and Sport Committee
has invited interested parties to submit evidence to assist it
in its inquiry into privacy and media intrusion. The Committee
has stated that the priority of this inquiry is the treatment
by the press of people "not generally in public life".
1.2. This submission has been prepared on
behalf of Trinity Mirror plc, the largest regional newspaper publisher
in the United Kingdom. Through its subsidiaries, Trinity Mirror
also publishes the Daily Mirror, Sunday Mirror and The
People and the Daily Record and Sunday Mail in
Scotland. The submission is structured in accordance with the
suggestion contained within the Committee's announcement of 19
December 2002.
2. THE CONSTITUTION
AND PERFORMANCE
OF THE
PRESS COMPLAINTS
COMMISSION
2.1. The Press Complaints Commission has
been since 1991 the body charged with responsibility for the self-regulation
of the UK newspaper industry. The members of the Press Complaints
Commission are drawn equally from newspaper or magazine editors
and from individuals who have no connection with the industry.
2.2. The function of the PCC is set out
in the reports which it regularly publishes. For the purposes
of this submission, it is enough to say that its responsibilities
include the enforcement of the Code of Practice as amended from
time to time, the current version of which has been in place since
1 December 1999. The Code of Practice is decided by the Code Committee
of Pressbof (the Press Board of Finance) which is responsible
for the funding of the PCC.
2.3. The Clauses of the current Code of
Practice which govern the conduct of newspapers in their dealings
with people "not generally in public life" include,
with their headings:
— 5. Intrusion into grief or shock.
— 7. Children in sex cases.
It is not necessary to set out the text of these
Clauses in this paper.
2.4. As is well known, an essential function
of the Press Complaints Commission is to be the body to receive
and investigate complaints of behaviour by a newspaper which is
said to have infringed the Code of Practice. The Commission's
primary aim, unless the complaint warrants rejection at the initial
stage for any reason, is to achieve an amicable resolution of
the complaint between the parties. Failing that, it will adjudicate
on the complaint. A newspaper is obliged to publish the full text
of an adverse adjudication.
2.5. It is the experience of Trinity Mirror
that the PCC efficiently and diligently handles complaints of
infringements of the Code of Practice and adjudicates impartially
and in accordance with the Code.
2.6. The PCC's periodical reports show that
most of the complaints made to it are resolved to the satisfaction
of the complainants following action by the editors of the newspapers
concerned. Where resolution is unachievable, a complaint goes
to adjudication and if upheld, the adjudication is duly published.
2.7. All journalists employed by Trinity
Mirror companies are supplied with a copy of the Code of Practice
and are required under the terms of their employment to comply
with it. Knowledge of and compliance with the Code are central
planks of the Trinity Mirror Regional newspapers editorial policy.
A function of the in-house legal staff is to provide advice on
the Code and adherence to it.
3. MEDIA FREEDOM
AND MEDIA
RESPONSIBILITIES
3.1. The activities of the press are governed,
broadly, by two areas of restraint, the law and self-regulation.
3.2. The law restrains the press and curtails
its freedom in a number of areas, most notably, in the context
of this paper, in the fields of defamation, breach of confidence/privacy,
contempt of court, court reporting restrictions, the reporting
of various matters relating to children and young persons, and
harassment.
3.3. Self-regulation, as embodied in the
Code of Practice, duplicates the law but goes further in a number
of respects (see, for example, Clause five Intrusion into Grief
or Shock, Clause 6 Children and Clause 16 Payment for Articles).
In this regard, self-regulation imposes on the press a greater
restriction on its behaviour than does the law.
3.4. The existing Clause three ("Privacy")
of the Code of Practice was amended with effect from November
1997, well in advance of the passing and commencement of the Human
Rights Act 1998. The wording follows that of Article 8 of The
European Convention on Human Rights, save that Clause 3 of the
Code of Practice expressly recognises the entitlement of an individual
to respect for information relating to his health. In this respect
the Code has been ahead of the law and goes beyond it in its definition
of an individual's right to "privacy".
3.5. Under the current self-regulation regime,
the Press Complaints Commission includes a number of current editors
from different areas of the industry. This helps to inform the
Commission while having no adverse affect on its independence
from the industry which it is required to regulate.
4. THE BEHAVIOUR
AND RECORD
OF THE
MEDIA
4.1. The behaviour and record of the press
over the last 10 years and especially since the establishment
of the Press Complaints Commission are more properly matters for
the PCC to comment upon.
4.2. Nonetheless, the Committee may find
it helpful to have details of the record enjoyed by Trinity Mirror's
three national newspaper titles in respect of complaints to the
PCC under Clauses 3, 4, 5, 6, 7, 9, 10, 12 of the Code of Practice
(essentially the privacy clauses) in the years 2001 and 2002.
This reveals the following data:
| | No
|
| The Mirror | |
|
| 2001 | Upheld | 1
|
| Not upheld | 3
|
| Resolved | 1
|
| No breach | 6
|
| 2002 | Upheld | 1
|
| No breach | 7
|
| Sunday Mirror | |
|
| 2001 | Upheld | 1
|
| Not upheld | 1
|
| Resolved | 1
|
| No breach | 5
|
| 2002 | No breach | 3
|
| Resolved | 1
|
| The People | |
|
| 2001 | Not upheld | 1
|
| Resolved | 4
|
| No breach | 1
|
| 2002 | Resolved | 1
|
| No breach | 3
|
In addition, a number of complaints were rejected by the
PCC because they were outside the PCC's remit, were disallowed
because they were made by a third party, were not pursued or were
disallowed because of delay.
The experience of the two Scottish titles over the same period
is:
| | No
|
| Daily Record | |
|
| 2001-02 | Resolved | 3
|
| Sunday Mail | |
|
| 2001-02 | Resolved | 1
|
The record of Trinity Mirror's many regional newspapers shows
that during the period 2001-02 no privacy complaints to the PCC
were upheld and four complaints (in respect of four different
newspapers) were resolved.
Trinity Mirror believes that these figures speak for themselves.
4.3. It is a regular criticism of the current system
of self-regulation that the only sanction available in the case
of an established breach of the Code is the requirement that the
offending newspaper publish the adverse adjudication in full.
It is said that the PCC lacks teeth and that the sanction available
to it is ineffective. Trinity Mirror submits that this criticism
is misplaced and misinformed. Editors do not enjoy having to publish
adverse adjudications. They are embarrassing and potentially damaging;
they can severely undermine the relationship between the newspaper
and its readers and the newspaper and its advertisers; they can
be a weapon to be wielded by commentators on or critics of the
press; or provide scoring points to be used against the newspaper
by its rivals; and they occupy valuable editorial or advertising
space.
4.4. This paper is not the place in which to argue the
following topic in full, but it is submitted that the imposition
of additional and alternative sanctions (such as fines) for breaches
of the Code could, unless administered on judicial lines and through
a proper judicial process, infringe Article 10 of the Convention
on Human Rights, which is protected by the Human Rights Act 1998.
Such a development would fundamentally, and adversely, alter the
character of the self-regulation regime.
5. THE ADEQUACY
OF THE
CODE OF
PRACTICE
5.1. The Code of Practice is subject to review at all
times and has been amended, extended or revised on a number of
occasions since its introduction. To give an example, the clause
relating to payments to witnesses in court cases is currently
under review in response to the Government's 2002 Consultation
Paper on the issue.
5.2. As mentioned above, the Code of Practice goes further
than the law in a number of respects. Moreover, the readiness
of the industry, through the Code Committee, to respond to informed
argument as to the Code's adequacy in the light of experience
or changing circumstances is one of the strengths of the self-regulation
system.
5.3. As outlined above, all journalists employed by Trinity
Mirror through its subsidiary companies are supplied with a copy
of the Code of Practice. In many cases the Code is incorporated
or referred to in the journalists' contracts of employment. It
is Trinity Mirror's position that all its journalists are required
to adhere to the Code and that a breach of its provisions could
give rise to disciplinary action.
6. THE COMPLAINTS
PROCEDURE AND
SANCTIONS
6.1. The PCC's complaints procedure has been outlined
above. The following features of the process are worthy of mention:
— The PCC's initial aim is the amicable resolution
of complaints wherever possible.
— Where complaints cannot be resolved amicably,
the PCC provides ease of access and simplicity of procedure.
— Complaints to the PCC carry no costs implications
for the complainant.
— Where complaints proceed to adjudication they
are processed thoroughly, impartially and in accordance with the
Code.
— Complaints are processed speedily.
6.2. The effectiveness of the sanction which automatically
follows an adverse adjudication by the PCC (the requirement that
the adjudication be published in full with appropriate prominence)
has been referred to above and needs no further emphasis.
7. THE HUMAN
RIGHTS ACT
1998
7.1. The principal impact of the Human Rights Act 1998
in this area relates to Article 8 of the Convention ("Everyone
has the right to respect for his private and family life, his
home and his correspondence."). The UK courts have shown
in recent decisions that their preferred approach is to apply
pre-existing legal principles, mainly derived from the law of
confidence, in order to give effect to Article 8. It is Trinity
Mirror's submission that recent court decisions in this area have
shown that there is no case for further specific legislation intended
to protect a right of privacy.
7.2. It is also Trinity Mirror's submission that the
impact and effectiveness of the restraints on the press imposed
by the law, as set out above, and by the current self regulatory
regime, are such that there is no case for the creation of a statutory
position of Press Ombudsman.
7 February 2003
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