Freedom of Speech

Lord Faulks Excerpts

Friday 10th December 2021 Lords Chamber

[Lord Faulks (Non-Afl)]

My Lords, it is a great pleasure to follow the extremely woke noble and learned Lord, Lord Brown of Eaton-under-Heywood. Free speech is extremely important to all of us. I declare a particular interest as chair of the Independent Press Standards Organisation, which regulates the vast majority of what I might call the traditional printed press and its online manifestations. As an independent regulator, I am careful not to give my opinions on the issues of the day too often, for fear that this might be perceived as showing a lack of independence.

We in IPSO are lucky enough to have a very good communications department, which always advises me against offering my views if at all possible—wise advice, I am sure. This week, I said to our head of communications that I was planning to speak in a debate on free speech. A worried look crossed her face and she said to me, “You’ll have to be very careful what you say”. I decided to reject her advice but I will not speak about the important matters raised by the noble Baroness, Lady Jenkin, such as free speech in universities, the balance in the Human Rights Act between freedom of speech and Article 8 or the difficult issues with which the Law Commission has had to grapple. Rather, I will focus on the important role of journalism of what one might call the traditional sort.

The low point of the reputation of our press—it has had plenty of low points—was probably the practices that led to the Leveson report. Better regulation was one of the main takeaways from Leveson and the threat of state regulation of the press hovered, which worried most of us profoundly. More than seven years have passed, and the threats to the traditional press have altered. I hope that press regulation has become better; judging by the volume of complaints that IPSO receives, it is better understood by those who wish to complain. Newspapers are, on the whole, much better behaved.

Covid presented a real challenge to everyone, not least the newspaper industry. It has just about survived, so far, but there was a major decline in advertising revenue and circulation. Newspapers had to cope with the real challenge of what was truthful and accurate in reporting about Covid. IPSO has just published a report based on its analysis of how the press performed and responded to various complaints. It shows the press in an extremely good light and emphasises the value of good journalism.

The real threat to the traditional press, and thus to free speech, comes from social media, mentioned by so many noble Lords. I entirely accept the most reverend Primate’s observation that it has provided a voice for those who do not often have one but, too often, it is unaccountable, often defamatory, recklessly damaging to reputation and damaging to the interests of vulnerable members of society. Too many of us were initially enthralled by social media, I fear. Compare the position of the traditional press, which is curated and regulated—I hasten to add that newspapers are not always happy with the decisions of the regulator—with that of social media, where news is often stolen from other sources, including local news, which is an important and dwindling asset. Editing is based on algorithms geared not necessarily to establish truth or accuracy but for commercial ends.

The Online Safety Bill has a lot of heavy lifting to do in this regard. It is innovative and will not be perfect, but I am excited to read what the committee has suggested. In the course of considering the very laudable aims of this Bill, we should not let perfect be the enemy of good. This could witness a real sea change in the attitude to freedom of speech through the media.

Of course, freedom of speech has never been an absolute. It is what my lecturers at university used to call a residual right, but there have even been challenges to what the first amendment of the United States constitution means. As pointed out by the noble and right reverend Lord, Lord Harries, traditional journalism can involve enormous risks to journalists, not just in reporting from conflict areas but in speaking out against dictatorial regimes. However, it is a central part of what we regard as valuable democratic values. Therefore, let us respect the interests of free speech served by journalists doing their job in a situation where they are properly regulated and accountable. It is a valuable contribution that we should not lose sight of.