Leveson, press freedom and the watchdogs

In November 2012, Lord Justice Leveson delivered his report on the culture, practices and ethics of the press. In the report, he sets out proposals for reform in a number of areas, including data protection, media lobbying, and relations with the police. However, most attention has focused on the proposal for a new system of self-regulation. Leveson recommends that a new body replace the Press Complaints Commission, which, unlike its predecessor, will have the power to impose financial sanctions in some cases. The new body would not have any statutory powers, but Leveson proposes that a law should set out criteria to assess whether the new regulator is effective and sufficiently independent of the press, parliament and the government. That law should also 'provide a mechanism to recognise and certify' that the new self-regulatory body fulfills the criteria (Leveson, 2012, 1772). The mechanism Leveson proposes is for a 'recognition body' to apply the criteria to the regulator, as part of an assessment taking place at least once every three years. The report therefore does not call for a regulatory to be set up by statute (as is the case with broadcasting). Nor does it propose that legislation should actually set out the detailed standards for the press to live up to. Instead, the role for legislation is one step removed. Under the proposals, legislation will set out the criteria to evaluate the regulatory and empower the body that certifies the regulator. That is the central part of the 'statutory underpinning' that will be the focus for discussion here. Adapted from the source document.