Leveson Report Part 2

The
Leveson
Inquiry
culture, practices and
ethics of the press
AN INQUIRY INTO THE CULTURE,

PRACTICES AND ETHICS OF THE
PRESS
REPORT
The Right Honourable Lord Justice Leveson

November 2012
4 volumes not to be sold separately
Volume II
AN INQUIRY INTO THE CULTURE,

PRACTICES AND ETHICS OF THE PRESS
The Right Honourable Lord Justice Leveson
November 2012
Volume II
Presented to Parliament pursuant to Section 26 of the Inquiries Act 2005

Ordered by the House of Commons to be printed on 29 November 2012
HC 780-II
London: The Stationery Office
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4 volumes not to be sold separately
Crown copyright 2012

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CONTENTS
Volume I

Page
PART A: THE INQUIRY
Chapter 1: The Announcement

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Role of the Assessors
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Chapter 2: The approach
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PART B: THE PRESS AND THE PUBLIC INTEREST
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PART C: THE PRESS
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Chapter 1: Context
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Chapter 4: Plurality
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PART D: STANDARDS
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PART J : ASPECTS OF REGULATION: THE LAW AND THE
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PART F

THE CULTURE,
PRACTICES AND ETHICS OF
THE PRESS: THE PRESS AND
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CHAPTER 1
INTRODUCTION
1. Overview
1.1
Whether published every day, every week or every month, the press produce a vast amount
of reading material covering an enormous range of topics. The daily and weekly papers will

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and opinions, gossip and jokes. They inform and they entertain and they do so very much in
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way that undoubtedly appeals to readers.
1.2
The reason that the Inquiry has not focussed on what is the overwhelming majority of the
work of journalists is that, in the main, there is no public concern about the way in which
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are of interest to the Inquiry cover only one aspect of the way in which the press goes about
its business. True, there could be arguments about the extent to which a travel journalist or

holiday or meal, but such issues are on the very edge of what the Inquiry has been concerned
about. The focus, therefore, has only been on those areas which have been the subject of

regard to their rights and without regard to the public interest. It must be remembered that
these are individuals who almost invariably do not have the same megaphone to defend
themselves or put the contrary view.
1.3
Most of the topics covered by the press will never trouble any regulator, whether it is the
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and the scope of its authority is not dictated by issues that arise from the vast majority of
stories. But that is not the same as saying that there is no need for a regulator. Most doctors

who do not, whether on a serial basis or because of a single lapse. The need to examine the

1.4
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Mirror, for instance, complained at the conclusion of his evidence that a lot of the very good

Inquiry. He said it was like a rock star having an album brought out from his back catalogue
of all his worst-ever hits.1 To some extent, that is the inevitable consequence of the Inquirys
Terms of Reference and its focus on public concerns and complaints rather than on the
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as entertaining their readers. I have no doubt that the press can take pride in most of its work.
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should be available to encourage all that is good while discouraging that which is properly
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concerns and complaints that have been made and expressed, along with the ways in which
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2. Module One and the Terms of Reference

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widespread they are, the more it may be possible to infer the existence of broken

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the willingness to take risks might be. Having said that, it is clear that an isolated
act of criminal or unethical behaviour would not, of itself, represent the culture or
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been my guiding principles throughout this Inquiry. Thus, the endeavour throughout has

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to the conclusion that evidence which had the appearance of exemplifying this core issue
within my Terms of Reference did not, in fact, demonstrate any generic failing, but rather was
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part of the jigsaw has depended on assessing that evidence in its own terms and then more

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evidence had been assessed and analysed.
2.6
There are three further points I would like to make at this stage. First, although I recognise

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of stories they like to print. Furthermore, the industry is fairly closely-knit in the sense that

2.7
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Reference require me to describe and characterise press conduct and, where appropriate,

and remedies are recommended. Given what had been revealed at the News of the World
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that the Inquiry must do its best to foster a free press which has integrity as well as ethical
highest ethical and professional standards. Many commentators
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responsible press, which respects the rights and interests and others, and which does not
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relevant to Module One was adduced at later stages.
3.2
The body of evidence received by the Inquiry is vast, both in terms of its volume and scope, and
it will not be possible to deal with all of it in this Report. To do so would create a sprawling and
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smooth.
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clear, in the main, their evidence was not subjected to detailed probing by Counsel to the
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fully tested for its reliability and credibility in a manner which would have been appropriate
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suggested that the majority of the evidence received by those witnesses was anything other
than reliable and so, as a whole, it casts important light on the broad issue of the culture,
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Paul McMullan who rejoiced in an anarchical view of the approach to any standards within
the press. In the middle, there were others whose evidence, on the face of their witness
statements, was more favourable to the press, but who also needed to be probed and

Witnesses in this category included Mr Morgan and Sharon Marshall, a former journalist with
the NoTW.
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of many of the proprietors was at the start of Module Three not least because they had a
number of topics to cover and I wished to ensure that they did not have to appear at the
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detailed witness statements, editors and journalists were asked to address and comment on
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7 Equally inevitably, the Inquiry in these instances
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throwing on the general picture. That said, I fully understand that the experience of giving
evidence before a televised public inquiry could not always have been a pleasant one for the
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3.9
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interested or concerned groups was read into the record of the Inquiry.
3.11 Sixth, the Inquiry heard from those with experience in the Press Complaints Commission
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the press and proposals for the future. The Inquiry heard from the past and current directors
and chairs of the PCC, and the current chair of PressBof, Lord Black. The present chair of
the PCC, Lord Hunt, assisted the Inquiry with the then current state of play regarding the

to update me on this topic in Module Four.
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witness statements and exhibits, and the read-in evidence, including all the documentary

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individuals who may themselves be of no obvious in interest to the wider public but for their
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independent reliance on this informal material.
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of their success in their chosen career or profession. This second sub-group includes (in terms
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professional lives and their careers.
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about themselves for direct or indirect advantage. But one does need to be clear about this,

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are famous only for their celebrity, or put another way the mere fact of their having entered
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to appear in the public eye. This sub-group might reasonably be said to include, for example,
some stars of reality television. Certainly in these cases, where the fame of the individual is

between individual and the press, and what is acceptable and what is unethical, is more
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well be stronger and the nature of what can and cannot be considered private may be more
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of newspapers, that is alleged to have fallen far short of acceptable standards of behaviour

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subsequent coverage of Madeleines disappearance included libellous and highly inaccurate
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disappearance of their daughter.10
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evidence to the Inquiry, Mr and Mrs Watson not only raised the issue of unwarranted and
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killer intent on avoiding his own responsibility. However, as more fully examined below,14
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transgender issues. Their basic complaint, which will be examined in greater detail below, is

by dint of being members of that group, rather than in consequence of anything they might

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3.27 Individuals who fall into this category do not consist only of members of pre-formed groups.
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families of suicides. In evidence to the Inquiry, the Samaritans describe the damaging and

over a six month period in 2007 and 2008.18

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Those with links to the above

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consequence of the links they may have to those groups or types of people described above.
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indeed, her mother. Finally, there are the innocent bystanders, such as Mary-Ellen Field, who

the suspicions generated by subterfuge.
4. The structure of Part F of the Report

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represent the vast bulk of the way in which the press works, it cannot be said that there is no
cause for concern.
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complaint and concern. Standing back from all the evidence that the Inquiry has received over
the past year, it is possible to discern a number of common themes or complaint headings
which are set out in summary form in this Chapter before the further analysis which follows.

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lesser extent, fails to adhere to proper standards of behaviour, the consequences need fully
to be understood.
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to the Inquiry.
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have given rise to concern, and to come to what may be called generic conclusions about
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lengthy chapter. Not merely is the evidence voluminous but the issues which arise from it are
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paid very careful regard to all the evidence the Inquiry has accumulated as well as the Core
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throughout the Report require both cultural, as well as systemic, changes within newspaper
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monitored and enforced by a robust and empowered regulator.
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CHAPTER 2
GOOD PRACTICE
1. The value and virtues of the UK press
Overview
1.1
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Chapter 1 | Policing with Consent: The role of the press
PART G

THE PRESS AND
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POLICING WITH CONSENT: THE ROLE OF
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evidence. They may try to move bodies or they may even try to commit further
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newspaper, but if they thought they were being followed, they might very well stop

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the developing use of social media. He
320
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accepted based on their own concept of what is right and what is wrong and where
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who felt that there appeared to be one rule for senior contact with the media and another
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things of dinners and lunches and so forth at rather expensive restaurants, but also

events, so there were a set of things which some senior people had been receiving,
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since leaving the service I have gone on to work and deal with integrity in
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be sensible, can be necessary, can be ethical. But the other side of that, it can lead
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those lunching and buying dinners have become an increasing rarity over the last few
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go and drink as much as possible. It would be a case of the journalist buying a round

3.57 d>
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it was deemed as an opportunity to go along to meet people in a social surrounding

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3.58 Dsfully documented in the Force Media

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[with the police] without elaborate entertainment or

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3.66 In summarising this issue, Commissioner Hogan-Howe said:457

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widespread and damaging, whatever the reality of its impact on the independence
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the person who was the senior person in that department was said by a considerable
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one newspaper over another and that the approach had been one of even-handedness. That

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themselves should operate, both as a reminder to the individuals, how we expect

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out, there would also have been s
507

508 and that no personal friendships had resulted from
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know someone well and therefore you would normally expect to perhaps have more

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being made crime reporters who would then take it does take a number of years
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4.83 DtD,
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it was my aim not to do it, in the hope that he would return shortly. The issue arose
again when I had the second stage of that appraisal with the Commissioner and the
chairman of the police authority, and again it was my view that I would try and cope
without the deputy. The trigger, I suppose, to act on this was that probably about the
third week of August, my deputy found that the treatment had not been successful
and was therefore now going to have to undergo further treatment, which gave us
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might be around that I should do. So that led me then to think about what sort of
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yards of a journalist, they should have to write up an entry they would probably
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1134
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1154
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9.20 d
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1162
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1164
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integrity in those dealings, which would have three components These are some
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9.26 ^

1171^

1172 This public
1173^

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9.27 d,D/
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1170
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1180 d

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1181 1182
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1175
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trail, for whatever it is, you have to have a very, very good understanding of the
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police, namely the police professional body which the government is establishing,
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1188
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either hospitality in the sorts of things of dinners and lunches and so forth at rather
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senior people had been receiving, others had not, others had not accepted, and that

dD&people
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.1208
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10.15 >D&^

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to be part of this but not the driving force. I recommend that the Commissioner
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/
public should be monitored through performance indicators.
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d
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support the local forces where necessary. ACPO itself I describe very much as almost
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a consistent approach to the serious threats this country faces, be it terrorism,

1232

p2, para 2.4, ibid
1234
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1248
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,D/

1250
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1248
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where reducing instances of and improved handling of public complaints can achieve

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1256
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from within the service are invited as appropriate.1257
11.16 D''/

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1254
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1256
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1257
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1258
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Mr Cunningham went on to explain

1260 He expanded on this point and said:
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1261
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gratuity of any type and the risk of becoming improperly beholden to a person or
1258
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1266 He said that there are formal regional structures for Heads
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1264
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1266
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1267
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1268
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heartened but absolutely not complacent by the fact that HMIC, IPCC and other people

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1274
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&&1276
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1278/

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1280 The updated guidance in this area also
1272
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1275
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1276
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1278
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1280
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1273
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11.27 d
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1288 /

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11.28 D
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the concept of a public conscience test to such
1281
p5, para 2.6, ibid

p5, para 2.7, ibid
1283
p5, para 2.4, ibid
1284
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1285
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1286
p5, para 2.8, ibid
1287
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11.29 ,D/
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from across the service which will provide a refreshed analysis of strategic threats to law
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1300
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to obtain increased synergy from the values espoused within the Statement of Common
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1307/
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1321
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1317
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CHAPTER 4
THE PRESS AND THE POLICE: CONCLUSIONS
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The

AN INQUIRY INTO THE CULTURE,

The Right Honourable Lord Justice Leveson

AN INQUIRY INTO THE CULTURE,

Presented to Parliament pursuant to Section 26 of the Inquiries Act 2005

London: The Stationery Office

Crown copyright 2012

Printed on paper containing 75% recycled fibre content minimum.

PART A: THE INQUIRY

Chapter 1: The Announcement

Chapter 2: The approach

Chapter 3: Further issues of law

Chapter 4: The Report

PART B: THE PRESS AND THE PUBLIC INTEREST

The Leveson Inquiry

PART C: THE PRESS

PART E: CROSSING LEGAL BOUNDARIES:

The Leveson Inquiry

Chapter 5: Some case studies

The Leveson Inquiry

Chapter 4: The ICO and the press today

PART I: THE PRESS AND POLITICIANS

Chapter 5: Media policy: examples from recent history

The Leveson Inquiry

Chapter 9: Plurality and media ownership: conclusions

PART K: REGULATORY MODELS FOR THE FUTURE

The Leveson Inquiry

PART L: SUMMARY OF RECOMMENDATIONS

p110, lines 10-22, Piers Morgan, d

2. Module One and the Terms of Reference

3. Evidence in Module One of the Inquiry

see for instance &dE 2012 UKSC 11

Evidence from the Public

Those with links to the above

4. The structure of Part F of the Report

2. Some case studies

Disclosure by the Daily Telegraph: the story

2.71 dd

Chapter 3 | Complaints of an Unethical Press

KD11 a number of witnesses told

Chapter 3 | Complaints of an Unethical Press

Bribery and corruption

Surveillance, subterfuge and similar intrusive methods

Chapter 3 | Complaints of an Unethical Press

Discrimination and the treatment of women and minorities

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

Chapter 3 | Complaints of an Unethical Press

As Robert Jay QC said in opening the Inquiry:1

DD to the Inquiry

D D Edt & :

6.10 dKD267 and need not be repeated

d /  <  ' D

Chapter 5 | Some Case Studies

Chapter 5 | Some Case Studies

EdtDThe Longest Walkd

Chapter 5 | Some Case Studies

Chapter 5 | Some Case Studies

2.71 dd

d / < ' D

para 34, t,

p11, para 30, t^

p2, para 3, t^D

8.36 /DDE'' shared

^Wd,, which suggested that

^ D , which suggested that a local

9.27 /d<story, the Inquiry saw further examples from

2.28 /DW^&50 in place for

2.35 / WK DW^

pp10-11, lines 22-8, &d

p56, lines 17-23, ^