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Privacy and Injunctions - Evidence - Parliament

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Professor Steven Barnett—Written evidence<br />

Professor Steven Barnett—Written evidence<br />

Biographical Note: Steven Barnett is Professor of Communications at the University of<br />

Westminster, specialising in media policy, regulation, press ethics, <strong>and</strong> the theory <strong>and</strong><br />

practice of journalism. Over the last 25 years, he has advised government ministers in the<br />

UK, has given evidence or served as an adviser on several parliamentary committees, has<br />

been called to give evidence to the European <strong>Parliament</strong>, <strong>and</strong> has been invited to speak at<br />

numerous national <strong>and</strong> international conferences. He has directed over thirty research<br />

projects on the structure, funding, regulation <strong>and</strong> business of communications in the UK <strong>and</strong><br />

around the world, <strong>and</strong> his work is frequently quoted in parliamentary debates <strong>and</strong><br />

government reports. He has been a member of the NUJ for nearly 30 years, <strong>and</strong> has been<br />

involved in the training of journalists from former iron curtain countries. He was a<br />

columnist on the Observer newspaper from 2000-2004, <strong>and</strong> writes frequently for the<br />

national, online <strong>and</strong> specialist press as well as being widely quoted by the international<br />

media. He is an editorial board member of the British Journalism Review, <strong>and</strong> his new book<br />

“The Rise <strong>and</strong> Fall of Television Journalism” is being published by Bloomsbury in November.<br />

One page overview of evidence<br />

(this is followed by one page of relevant quotes, then answers to the committee’s specific questions)<br />

• Press st<strong>and</strong>ards <strong>and</strong> intrusion have been a problem for at least 30 years, partly because<br />

of the uniquely competitive nature of Britain’s national newspaper market.<br />

• During the Calcutt committee’s hearings in 1990, newspaper proprietors <strong>and</strong> editors<br />

pleaded to be allowed a final chance to reform themselves. They have manifestly failed<br />

to prevent widespread newsroom excesses. There should be no more “last chances”.<br />

• Proposals for reform should not be confused with any desire to “rein in” Britain’s<br />

popular press. This is categorically not an issue of tabloid versus broadsheet values, but<br />

about promoting acceptable st<strong>and</strong>ards of journalism – on every publication in the<br />

country.<br />

• Public figures, <strong>and</strong> ordinary members of the public suddenly finding themselves in the<br />

public eye, have been routinely subjected to gross invasions of privacy which can cause<br />

enormous personal <strong>and</strong> family distress. Such behaviour has no place in a civilised society.<br />

• In any democracy, the balance between free expression <strong>and</strong> the right to privacy is a<br />

delicate one, but each is properly protected by the Human Right Act. There is no<br />

justification for preferring free speech rights (s.10) over privacy rights (s.8).<br />

• A public interest framework needs to be established by <strong>Parliament</strong> which would ensure<br />

that any invasion of privacy genuinely designed to expose wrongdoing, injustice,<br />

incompetence, or hypocrisy would have a legitimate defence.<br />

• With the legitimacy of <strong>Parliament</strong> behind it, such a public interest defence would<br />

safeguard <strong>and</strong> promote genuine watchdog journalism while protecting individuals from<br />

gratuitous journalistic behaviour designed simply to satisfy a public appetite for gossip.<br />

• Public figures who are not abusing or exploiting positions of power have the same right<br />

to privacy as ordinary citizens. We are not entitled to know about the intimate (<strong>and</strong><br />

often distressing) details of their lives simply because they are high achievers or high<br />

earners.<br />

• Neither commercial viability nor public “shaming” are justifiable arguments for breaches<br />

of individual privacy. We are not entitled to know about the lawful intimate activities of<br />

public figures, simply because some editors or columnists may disapprove.<br />

• Current approaches to redress <strong>and</strong> self-regulation under the PCC are wholly<br />

inadequate. Punitive fines for breaches of an agreed journalistic code, powers of<br />

36

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