Press standards, privacy and libel - Culture, Media and Sport Committee Contents


Examination of Witness (Question Numbers 1072-1079)

BARBARA FOLLETT MP

2 JUNE 2009

  Q1072 Chairman: For the final session this morning can I welcome the Minister for Creative Industries from the Department for Culture, Media and Sport, Barbara Follett. We were speculating as to whether or not the press could fall under the definition of the creative industries, which might have some bearing on our inquiry!

  Barbara Follett: I will resist that one, Chairman!

  Q1073  Mr Sanders: How does the Government support the freedom of the press whilst ensuring that press standards are maintained?

  Barbara Follett: Mainly by not interfering in their regulation in any way at all. The press is bound by the law just as we all are bound by the law. What my Department does is to monitor any new legislation coming in from Europe to make sure that as a government we are not inadvertently placing specific restrictions or demands on the press and other media that do not apply in the wider population. I have been a practising politician now for 50 years. The first half of that time was spent in apartheid South Africa where the press was most definitely not free. I know the difference that it makes to have a free press and freedom of expression. I and my Department are very committed to maintaining that freedom.

  Q1074  Mr Sanders: Does your Department have contact with the PCC? How do you communicate with them?

  Barbara Follett: We do not have formal conduits of contact but we have a great deal of informal contact, particularly when answering letters from people who are dissatisfied, say, with something the PCC has done or with something that has appeared in a local or national newspaper. We quite often refer it back to them. So although there is no formal conduit, there is a great deal of informal contact.

  Q1075  Mr Sanders: So if you are getting complaints about the failure of the regulatory system, is self-regulation of the British press working, or has the time come for a statutory regime?

  Barbara Follett: Let me answer the second part of that first. At one point I was almost willing to give my life up to make sure that the press was free and it was not governed by lawyers. I believe that the best way of governing anything is for that governing to be internalised, to be something that you do yourself. I think the system of self-regulation works. It has worked better since 1991 when we got in the PCC. Obviously there are times when it could work perhaps more tightly. I really value what this Committee does on an almost annual basis to get us to stand back as a government and as the press and look at where we are and where we are going.

  Q1076  Mr Hall: We have heard evidence from Gerry McCann who successfully sued the Express Group for a reported £550,000. In his evidence to the Committee, when he was asked why he did not go through the press complaints procedure, he told us he had been advised both by his lawyers and by the PCC that that would not be the most effective way. Had he gone to the PCC the Express may well have been censored, but that would have been about it.

  Barbara Follett: I listened to Mr McCann's evidence as it was given to this Committee and read it with great interest. What he wanted was the Express to stop doing what it was doing and in that case the best recourse is to the law. We have a whole series of laws in this country which do defend the individual and he used those laws. The Press Complaints Commission is very effective in getting something changed or an apology into the press. Here is one area where I personally feel more attention should be paid to, although I welcome the attention the Press Complaints Committee has given to it over the past four years, which is where the apologies are situated in the newspaper and the size of type that they are situated in. From my own personal experience, the offence can be on page two in large type and the apology basically somewhere around the ads in very small type, and that is something which I would like to see changed. The McCanns went to the law. You have two things available to you in the British system and he chose the second.

  Q1077  Mr Hall: He also said in evidence to us that he was deterred from going to the PCC because it is so aligned to the newspaper industry and the editors actually serve on the PCC. Even though the Editor of the Express was in conflict with the PCC, that was one of the reasons given by Gerry McCann for not going down that route. What is your view about the fact that it is so aligned with the newspaper industry that this self-regulation can appear to be less than credible?

  Barbara Follett: I come back to the point that I made earlier, which is that if you are going to maintain the freedom that is done by the press they have to recognise the wrong, they have to correct it. I am glad that the Press Complaints Commission has changed the balance of professionals and lay members on the Commission. Previously it was 50:50 and now it is 66:33 and I think that is healthy. I would expect—and I think this does occur—that if a complaint is made against a particular newspaper, in this case the Express, then the editor of that paper, if he/she was on the Commission, would excuse themselves at that point and it would be dealt with by his/her peers.

  Q1078  Mr Hall: If the PCC ruled against a particular newspaper, do you think that should then disqualify the editor of the newspaper from serving on the PCC?

  Barbara Follett: It would really depend on the case. If it could be proved that that editor had knowingly and willingly flouted the Code—and I think it would be quite difficult to prove that because I believe that most editors ever since 1991 do pay attention to the Code—then I think there might be a case for the Press Complaints Commission looking at doing that.

  Q1079  Mr Evans: Minister, you said that sometimes they will splash a story which they may even know to be inaccurate simply to get the circulation and yet the apology that comes several days later is hardly noticed because it is so small. Would you like to see legislation put in place that says that when a newspaper gets it wrong the apology should be of equal prominence, on the same page where the original splash was and roughly the same size to make sure that everybody knows that what they did originally was wrong?

  Barbara Follett: Can I correct something first? What I said is that the apology is generally far smaller and far more remote in relation to the story. I did not say that they knew it to be inaccurate. Saying sorry is something that is done towards the back of the paper in quite small type. I do not know if it is necessary to legislate. What we should do—and I know the Press Complaints Commission have looked at this and have been much more proactive about it in the last four years—is to get them to realise that that is the way to build trust with their audiences and with people. I do not know if you always need a law for that. I am not ruling a law out. When the Secretary of State for Justice gave evidence to this Committee he said he does not rule it out but it is only when the balance goes badly off. We have got a system that is quite complex and quite well balanced and I am proud of that system. It has its successes and it has its failures. What we have to do is to try and get the system to work. It would be a failure if we had to put in a statutory measure.



 
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