#soe09: PCC should not be a statutory regulator, says chairman

The Press Complaints Commission (PCC) should remain as a self-regulatory body and not be reformed as a 'formal legislator with quasi-legal powers', its chair said today.

Speaking at the Society of Editors conference, Baroness Peta Buscombe dismissed calls for the commission to be brought under statutory control.

Signatories of a recent petition to Downing St, sparked by the Daily Mail's publication of a Jan Moir column, calling for this change should be careful what they wish for, said Buscombe.

"We have our critics - some with their own agenda and some who genuinely don't understand what we do; I have yet to hear a constructive alternative that might preserve press freedom and  keep standards high," she said.

The PCC is flexible, independent and a necessary alternative to legal action, she said.
"We proactively approach people in the news to offer our services when necessary. I don't think any statutory regulator does this," explained Buscombe.

[Read Baroness Buscombe's speech in full on the Journalism.co.uk Editor's Blog]

The recent Trafigura/super-injunction debate showed the need for the PCC to remain outside of statutory control, she suggested.

"It has illustrated to the public how the law is being used by the rich and the powerful to try to keep information private - just as many warned would happen during the passage of the Human Rights Act over ten years ago. The idea that a judge who may be no expert in the field can dish out so-called super-injunctions - preventing us from even knowing that he or she has restrained publication - is insulting to the public and anathema to democracy," she said.

"In a world where individuals can communicate en masse and bypass traditional media altogether (...) it is just no longer possible to restrict the free flow of information from the top down. The sooner that regulators, legislators, and lawyers realise this, the better. 

"It seems so obvious. So it's been a surprise in recent days to hear a call from some of those who are benefiting from this historic shift for the PCC to be reconstituted as some sort of formal regulator with quasi-legal powers."

Buscombe stressed the importance of the commission’s lay members, 'who have no vested interest in siding with the press', to the body's independence: "The press do not regulate themselves. The PCC is funded by the newspaper and magazine industry but operates independently of it."

An independent review of the PCC's governance, opened on Friday, was launched by Buscombe to reassure the public, politicians and opinion formers that the commission is 'robust enough and responsible enough to be left alone', she said.

Criticism of the PCC
Last week the commission was heavily criticised by the Guardian, Geoffrey Robertson QC and the director of the Media Standards Trust for its report following July's Guardian investigation into phone hacking at News Group Newspapers.

In light of the report, which found there was no evidence of ongoing phone-hacking since 2007 at the titles, Guardian editor said the PCC was 'worse than pointless'.

"If people disagree with what we have said then argue with us on the facts - but don't grumble about the fact we have said it," she said.

The PCC's existing work shows self-regulation working at a very basic level, Buscombe added: "[T]here is no need - in 21st century Britain - for an individual to feel powerless in 'taking on' the press. The PCC will always be there to help. 

"In return, I will expect the industry to give the PCC the freedom to develop rapidly - if necessary - to exploit the opportunities presented by media convergence."

MPs expenses and media freedom
The recent MPs expenses coverage showed the importance of a free press, said Buscombe, who was formerly a shadow minister in the House of Lords.

"[P]oliticians must learn the right lesson from this episode.  It is that we must always be bold enough to champion freedom - of the individual, of the press, of institutions - and resist the temptation to meddle, and to jerk the knee every time there is a critical headline.

"Sometimes, I'm afraid, this means ignoring the press (…) You are not always right; and I know you do not claim to be.  But the power of a shouty headline is intense, believe me.  It can spook all but the most of robust of politicians. And the result can be bad legislation and a steady erosion of freedom.”

New technologies and forms of communication are causing ‘a historical and permanent shift in favour of free expression over the forces of censorship and restraint’, said Buscombe.

"But this greater freedom will demand greater responsibility from the commercial media - because, as it becomes obvious that the state cannot and should not regulate media content, there will be a greater public and political expectation that the industry can police itself," she said.

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