Regulation and codes of conduct: commentary

Press regulation provides the benchmark for behaviour and reassures audiences. It enables the public to have trust in the industry and maintains how we interact with our audiences.

Before the phone hacking scandal and the Leveson Inquiry, the PCC was already widely regarded as no more than ‘a toothless tiger’. It was a voluntary code of conduct and had no legal standing therefore any breaches resulted in pretty weak sanctions.

The outcome Lord Leveson suggested was a royal charter with statute regulation for the press just like broadcast journalism has Ofcom. However, not one of the papers has agreed to the suggestion deeming it as an invasion of the freedom of the press and as too much state intervention. Print journalists have put forward their own regulator, IPSO, an independent body made up of both editors and people outside of the industry.

The PCC did not address the corruption of phone hacking – this ethical issue was continuing whilst the PCC was in operation. They failed to hold the editor and journalists involved to account.

Who guards the guardians?

Ofcom applies to TV and radio broadcasts. It is independent and broadcasters cannot transmit without a licence. Ofcom has statutory powers to impose sanctions “when a broadcaster deliberately, seriously, or repeatedly breaches the code…”.

The body can stop the repetition of a programme, make the broadcast issue a correction or statement, impose a financial penalty of up to 5% of qualifying revenue or revoke a licence. There is an absolute requirement for “due accuracy and due impartiality” – this differs to print journalism.

The BBC have their own regulation as well as Ofcom. The editorial guidelines are designed to be a working tool for programme makers and journalists, and to act as a benchmark of good practise when considering complaints.

The guidelines set out standards for its journalism, including undercover investigations.

The BBC has an editorial complaints unit so that complainants unhappy with its decisions can appeal to the Trust, if it is alleged that material broadcast was unfair or offensive then complainants can directly contact Ofcom.

The NUJ has a code of conduct which is a useful guide to good conduct, but without the possibility of serious sanction, this body will do little to help reassure the public of their scepticism towards journalists’ conduct.

Codes of practise tend to concentrate on areas such as:
1. Ethical behaviour
2. Fair treatment and respect for privacy
3. Requirement for accuracy and impartiality
4. Protecting children and young people

CASES:

IPSO has rejected a complaint over Liz Jones’ column in The Mail on Sunday

Trinity Mirror group – new phone hacking scandal from a different publication

Piers Morgan – lunch with Jeremy Paxman, don’t you know this is what you do…

Becky Watts – named suspects *reporting crime and court restrictions

Adam Johnson – named under arrest *reporting crime and court restrictions

Rita Ora – One Show *taste and decency

This Morning – bondage for beginners Ofcom complaint *protecting under-18s and, taste and decency

Benefit Street – removing alarm tags from clothing stolen from a shop *covering crime

Peter Fincham – breach of guidelines, resignation over queen, complete overseer

Kelvin MacKenzie – Former The Sun editor during Hillsborough – Channel 4 correspondent doorstepped him. How far do we go?

Regulation and codes of conduct: commentary

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