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The Edi ' - The Leveson Inquiry

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,.4<br />

For Distribution to CPs<br />

s~i~osop~s~ s~d s si~it 0~’£ the Cod~<br />

~=he Preamble is the key to understanding the <strong>Edi</strong>tors’ Code of<br />

t Practice. It is the part of the Code which defines the rest. it sets<br />

out not only the balance of rights and responsibilities of editors and<br />

publishers in a free press regime, but also the underpinning<br />

tion and the spirit of the Cede -- the glue<br />

Universal compliance: <strong>The</strong> Preamble places on pub!Ishers<br />

an(] editors the ultimate duty of care to ensure that the rules<br />

are implemented. It a!so ends uncertainty over wno Is covereo<br />

by the Code by abolishmg outdated diet fictions between<br />

journalists and photograpners, or other suppliers or providers<br />

OT editorial services.<br />

In the context of the Code, the rules for journalists apply to<br />

all editorial staff external contributors or suppliers of<br />

editorial material.<br />

For exam3!e, m cases covering c!enoastine oevlces one<br />

subterfuge, this wou!o normal y inc uae information su3puee<br />

by intermediaries or agents.<br />

Online pubttcatione: <strong>Edi</strong>tofia matena in online versions of<br />

news 3apers anti magazines s covereo s pacifically. <strong>The</strong> rules<br />

apply to on!Ine versions of the newspapers an(3 magazmes<br />

as opposed to freestanding on lne publications enG as<br />

with the print versions, embrace editorial material only.<br />

Increasmgly, newspapers’ and magazines online content<br />

is very different from that in the print versions including, for<br />

exampe, user-generated blogs aria chatraoms one aurae<br />

vlsue material, some of which wou!o not normally be subject<br />

to editona control ....<br />

<strong>The</strong>refore, m 2007, the Press Standards Board of Finance<br />

ISSUe(] a @#;oatice I~0[~ extending the remit to cover audio<br />

visual editorial material and the Preamble was amended to<br />

reftect that. Se~ else Co, moMrl~s 6bou~ webs£~s<br />

<strong>Edi</strong>torial material was defined as that for which the editor<br />

was responsible and could reasonably have been expected<br />

to apply the terms of ~he Code.<br />

User-generated content such as blogs and chatrooms<br />

continues to be exc uded as does audio visual material that<br />

had been produced to conform to the standards of another<br />

regulator- such as live or syndicated TV or radio<br />

<strong>The</strong> spirit of the Code, the voluntary will and commitment to<br />

making the system work not just to the letter, is an essential element<br />

and one rarely available to any statutory or }egalistic system.<br />

it is only by invoking that spirit of flexibility that the balance -protecting<br />

both the rights of the individual and the public’s right to<br />

know-- upon which the success of a self-regulatory system relies,<br />

can be struck.<br />

Although the Code does not try to set Olympian ethics likely to be<br />

more honourad in the breach, it is committed to the highest<br />

standards end sees these guidelines as the starting point.<br />

<strong>The</strong> spirit of the Code is embodied in the editors’ commitment to<br />

honour it neither tee narrowly nor too broadly m and not just to the<br />

latter This is a clear message to the industry, the PCC and to the<br />

public that this is an even*handed, practical Code based on solid<br />

principles rather than abstruse definitions buried in the fine print. It<br />

should net be abused either by editors trying to tiptoe around the<br />

rules, or by comp~a=nants playing the system to the detriment of the<br />

public’s right to Know.<br />

<strong>The</strong> commit:merit to freedom of expression and publication in the<br />

public interest is at the core of the philosopher Taken with the<br />

previous commitment, and the Public interest defences ~ So÷ ~-ec~o~’~<br />

Si;: it demonstrates the balance to be struck:<br />

No compromises on the rights of the individual but --<br />

No unnecessary interference either with freedom of expression<br />

or with publication in the public interest.<br />

Seth sides need to be weighed when taking a decision to pubtish<br />

and when ad.udicating on complaints<br />

programmes This reflects thetraditione epproacnappneeto<br />

print versions wnere for example, Letters to the <strong>Edi</strong>tor are<br />

coveree by the Code, but adverhsing an(] marketing materla<br />

Is not.<br />

Co-operation ~ith the PCC is the first test of the spirit of<br />

the Code in action. <strong>The</strong> voluntary system cannot work without<br />

umversa compnance by the Industry, an(] swift co-operation<br />

rs the surest example of compliance<br />

Once the PCC ~s mvolveo It" a case there Is reneweo<br />

pressure foraspeeayresolutlon. First the Code requires of<br />

editors swift co-operation with the PCC m trymg to resolve<br />

the dispute. Second the PCC’s target s to resolve cases<br />

withe 35 nays<br />

Failure of publicatons to co-operate swiftly is, as the<br />

Preamble makes clear, itself a oreacn ot the Code, wmcn<br />

may result in censure. This heppeneo wnen a Sunday paper,<br />

while standing by its story about a pop festival organiser who<br />

complameo of inacouracles, simply failed to produce any<br />

evidence.<br />

<strong>The</strong> PCC upheld the complaint by default, remmamg<br />

editors that it was their Code and self-regulation could work<br />

only by the voluntary participation of the industry ~t~t(;mw~s~,<br />

If foiling to act swiftly is one form of non-co-operation,<br />

acting precipitately can be another, especlauy once the PCC<br />

8 involved.<br />

When an author complained that his book about the death<br />

of Pope John Paul I had been misrepresented in e Sunday<br />

magazine section in 2005, the PCC tried to negotiate a<br />

mutually acceptable correction. But the magazme jumped the<br />

gun, publishing its own correction -- despite being asked by<br />

the PCC not to do so -- and without due prominence.<br />

<strong>The</strong> Wording of the correction itself would<br />

<strong>The</strong> panel<br />

colour code<br />

~What the<br />

Code says<br />

t~£~ Key<br />

auestions<br />

eel[ors neea<br />

to as~<br />

[nernseLves<br />

when Code<br />

issues arise<br />

Briefings<br />

on sDedfi(<br />

areas where<br />

the Cone<br />

aDu~es<br />

5O<br />

MOD100036625

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