What should happen, do you think, when a crime has been
committed? For me the answer is simple: the offenders should be brought
to account; justice should be done and be seen to be done; the law should be
applied. No, that’s wrong; if the law is broken it’s far better to spend
heaps of money thinking up new laws, legislating for more legislation, laying
rules upon rules. That’s the way to do it; that’s the British way.
We’re having a Public Inquiry here at the moment into the
ethics of the press. Headed by Lord Justice Leveson, it was set up in a
panic by Prime Minister David Cameron last year in the wake of the News
International phone hacking scandal. Panic, I say, because it was a way
of distancing himself from people with whom he was altogether too cosy.
Oh, how we love Public Inquiries in this country. It’s
a way of ensuring that resources are well spent, not on the trivialities of
life like decent public services but on truly important things like legal
fees. So far Leveson has soaked up £5.6million, that’s about
$8.9million. Just think of all the golf club bashes that will cover.
Some people think it might have been possible to
short-circuit this legal circus. After all, the various crimes of the
less savoury hacks are all covered by existing law: phone hacking is illegal;
prejudicing issues to be tested in the courts is illegal; publishing unfounded
accusations against the innocent is covered by the law of libel. Forget
all that nonsense; let Leveson dance.
The issue itself is unsavoury enough. No grand principle
of freedom was being defended. The hacking hacks at News International
were not looking into issues of great public interest. There was no
Woodward and Bernstein fearlessly exposing political corruption. No;
there was a lot of slimy slugs breaking into the private conversations of
celebrities and crime victims, a practice that gives muckraking an altogether
new meaning. The law would have done well to follow its natural course.
Instead we have the Leveson sledgehammer bashing a few nuts; instead we are likely to get new
regulators challenging the freedom of the press. We may very well be
about to see a process of even more intimidation by those powerful enough to
have genuine matters of public interest hidden from the public. In the
baleful atmosphere created by Leveson it’s already happening. I note that
one journalist even received a complaint from a foreign despot, the King of
Bahrain, irritated by her coverage of the death of forty of his benighted
subjects in anti-government protests.
I have no interest at all in knowing that a seedy and sordid
little man like Max Mosley, one of the driving forces behind the move to gag
the press, likes to have his bare backside spanked by prostitutes dressed as
Nazis. But I do have an interest in defending free expression; so surely
do all of us who blog and tweet, all of us journalists in a sense, all
threatened by regulation and intimidation.
Are we really going to have to re-fight battles that we
thought won in ages past because of few untypical arses were interested in
celebrity arses? We may soon have occasion to feel the full truth of
William Wordsworth’s poem London ,
1802, which opens with some particularly memorable lines;
Of stagnant waters: altar, sword, and pen,
Fireside, the heroic wealth of hall and bower,
Have forfeited their ancient English dower
Of inward happiness.
If Leveson follows the anticipated trajectory into statutory
press regulation then the pen will indeed be stagnant. We may have need
of a new John Milton precisely because he was the first great defender of a
free press. In Areopagitica, a pamphlet published in 1644 during the
height of the English Civil War, he argued for free expression and against
licensing and censorship. “Give me the liberty”, he wrote, “to know, to
utter, and to argue freely according to conscience, above all liberties.”
I also call to mind John Wilkes, another champion of press
freedom, who over two centuries ago argued in North
Britain that “The liberty of the press is the birthright of a
Briton, and is justly esteemed the firmest bulwark of the liberties of this
country.”
But my favourite quote about press freedom is an observation
by George Orwell: “Freedom of the Press, if it means anything at all, means
the freedom to criticize and oppose.” It’s a bit like two plus two equals
four: if that is granted all else follows. But we may about to find that a Ministry of Truth has
emerged post-Leveson, with powers of regulation and interference far in excess
of anything that exists at present.
Between Leveson and Freedom there is no third way.
David Cameron would do well to be mindful of that simple truth. But for
some Ignorance is Strength.































