Privacy and Injunctions - Evidence - Parliament

National Union of Journalists (NUJ)—Written evidence
• A complaint about discrimination in a story is limited to individuals so a complaint
about a racial group cannot be upheld unless it concerns a named individual;
• The accuracy clause is weak as it refers to a low threshold of inaccuracy;
• There is a very limited ability to deal with matters of harm and offence, for instance,
in matters of death and suicide.
Operational:
• There are no sanctions available for serious or deliberate breaches;
• Although the number of complaints rises year on year, the number of adjudications
continues to fall both in relative and real terms;
• There should be a system of compensation for people who have been seriously
damaged by stories;
• Third party complaints are usually not allowed;
• The PCC has always limited its self-investigation powers, preventing it from carrying
out the kind investigation of major issues of public significance that were one of the
notable positives of the old Press Council;
• The PCC has no real role in press freedom campaigning and so is not really able to
stand up to government or others with any authority.
Following the Culture, Media and Sport Select Committee Report (on Press Standards,
Privacy and Libel), the NUJ broadly welcomed the report’s proposals to change the costs
regime for libel. In particular we welcomed recommendations to place a limitation period for
actions on internet publications and proposals to bring Britain's libel laws more in line with
modern global practice, removing from us the embarrassment of being the world's libel
tourism capital.
The union agreed with the committee that self-regulation was the right way to defend press
freedom at the same time as providing the public with an outlet for complaints. The NUJ
also welcomed proposals to fine newspapers that deliberately and recklessly breach the
PCC's code. We also agreed that there should be some form of incentive for publications to
pay their dues to the PCC. Placing of apologies and corrections also needs to be more
formalised.
The union also argued that it is vital for NUJ members to receive the protection of a
conscience clause written into the code which can offer protection to journalists who face
undue editorial pressure.
The NUJ also supports the Human Rights Act and therefore the European Convention and
believes that its effect on the courts has been entirely beneficial. We believe it is entirely
appropriate that people’s human rights should be one of the first measures of the courts;
and includes the right to freedom of expression and the right to both transmit and receive
such expression as information or opinion.
The NUJ supports the right to privacy, although we would like to stress that this is a general
right and not one limited solely to media invasions. Invasions of privacy by CCTV, the police,
the intelligence services or commercial operations without the authority of the law, and
therefore democratic accountability, are just as damaging to a free society as invasions of
privacy by the media.
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