Media Bill (Sixth sitting)

Hywel Williams Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

[Kirsty Blackman]

It is incredibly difficult to find a way forward. The hon. Gentleman is right that the issue has been left hanging. Perhaps the press never believed that the Government would implement section 40 and make it work. Maybe the sword hanging over them was not big enough. Whatever has happened, it has not persuaded them to sign up. My key request is that the Government persuades them to sign up, using whatever methods are at their disposal. It is important that we have independent regulation, and that newspapers sign up.

To illustrate the point, IPSO upholds fewer than 1% of complaints that are brought to it. I do not know whether the hon. Gentleman has ever been through the IPSO process, but it is incredibly complex and difficult. It is supposedly set up in such a way that anybody can access it, but without the advice of a lawyer, it is very difficult for a person to ensure that their concerns are heard and their complaint is upheld by IPSO.

The Government should use all the tools at their disposal. They should be having conversations and doing everything that they can to persuade newspapers to sign up. Section 40 should be removed only when there is an alternative—unless, of course, the Government are going to totally dump the idea of having independent press regulation and just give up on this.

[Hywel Williams (Arfon) (PC)]

Surely one of the reasons for what my hon. Friend describes is that IPSO exists as an alternative. As she says, less than 1% of complaints are ultimately upheld—the figure I have is 0.3%--with cases taking on average almost six months to reach a ruling. There is a disincentive effect, and the turnout says it all.

[Kirsty Blackman]

That is absolutely the case. It is very difficult for people to interact with IPSO in the first place, so a significant number of complaints never even get to IPSO, never mind going through the process and then not being upheld. The current situation is concerning, but it is for the Government to ensure that the newspapers are properly regulated. It is for the Government to enact and ensure compliance with the outcomes of the Leveson inquiry. I would like to hear more from the Government about what they plan to do to ensure that newspapers are properly held to account and properly regulated, and thus increase the level of trust in our media and, as a result, in our democracy. Those two things are inextricably linked.

Amendment 41 is about trying to find a way forward. The Government will have to persuade the newspapers to sign up, and they will have to persuade the Houses of Parliament that they have done enough to ensure that the newspapers will sign up. If all the newspapers signed up, it would be easy to persuade the Houses that whatever method the Government put in place had actually worked. That is the outcome I would like to see: everybody signed up. Then neither House would have any problem passing this clause to get rid of section 40 of the Crime and Courts Act 2013.

--- Later in debate ---

[Rob Butler]

Strictly speaking, I would suggest that that was libel, so there were legal routes available, but—to pre-empt the point that the hon. Lady might make—I accept that that is a very lengthy and expensive process, and that it might be a case of using a sledgehammer to crack a nut. I would say that IPSO was wrong in the case. I am very open about it: if something is said that is patently untrue, IPSO needs to hold its members to account, and what the hon. Lady said to some extent undermines that. That is what IPSO needs to take on.

The News Media Association has provided us all with a briefing, much of which is compelling. I will not risk the wrath of Committee members by reading it out in its entirety, but I highlight a couple of points. For example:

“Section 40 would cost the national and local press an estimated £100 million a year to tell the truth. This would be particularly devastating for local publishers.”

In my earlier contributions in Committee, I have been clear that I am concerned to ensure that local news is genuinely local; I got very close to the position of His Majesty’s loyal Opposition on that point at one stage. We should not do anything that makes local news coverage more difficult.

There are perfectly legitimate concerns about behaviour of the press and opportunity for redress, but the regulatory landscape has fundamentally changed since section 40 was introduced. I worked with some newspapers at the time, and they sat up and took notice when the threat of this legal sanction was over them. Publishers and editors have recognised that they have to face up to their responsibilities, and IPSO is much tougher than what was there before. There are serious sanctions, including, ultimately, the £1 million penalty. I completely hear what the hon. Members for Aberdeen North and for Arfon have said about the difficulties of getting through that. There may be more to do to make IPSO effective and easily accessible, but that does not mean that we have to have state regulation, which would be going much too far.

[Hywel Williams]

How does the hon. Gentleman expect IPSO to be persuaded to be more amenable?

[Rob Butler]

What is influential is the understanding of where public opinion is. The thought that the public had had enough was effectively what played a very big part in influencing the regulation of the press. The press did not ignore Leveson; they were very conscious of what was going on. I would certainly have no hesitation in telling people in the media, “You need to recognise that what you have is not quite enough to satisfy legitimate public concern.” Particular examples are helpful; hon. Member for Aberdeen North has given me one, which I shall not hesitate to quote if I have such a conversation.

It is worth also saying that there have been two independent reviews of IPSO. They stated that it was effective and independent, notwithstanding hon. Members’ comments. The second found that IPSO’s

“supportive, but challenging engagement to improve standards”

was

“exactly what an effective regulator should be doing”.

There is an argument that, even if it is not perfect, the press has cleaned house itself.