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v13n2-3
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Jonathan<br />
Heawood<br />
<strong>and</strong> the publication of guidance on the code, <strong>and</strong> by allowing<br />
publishers to display a kitemark to help the public distinguish<br />
ethically regulated journalism from other forms of expression.<br />
Any private benefit to regulated news publishers under such a<br />
system would be minimal <strong>and</strong> incidental to the public benefit<br />
(Vernor-Miles, Flackett <strong>and</strong> Rees-Pulley v Charity Commission for<br />
Engl<strong>and</strong> & Wales 2015: 5).<br />
The tribunal found this evidence regarding the public benefit in<br />
ethical journalism ‘persuasive’ (ibid: 9), <strong>and</strong> concluded that, by<br />
formalising <strong>and</strong> upholding a clear code of journalism st<strong>and</strong>ards<br />
independent press regulation was capable of advancing the<br />
ethical <strong>and</strong> moral improvement of the community – a recognised<br />
charitable purpose. The tribunal, therefore, upheld the IPRT’s<br />
appeal <strong>and</strong> directed the commission to enter the IPRT on the<br />
register of charities. This decision was underpinned by the tribunal’s<br />
acceptance that there is a recognised body of journalism ethics, <strong>and</strong><br />
the implicit acknowledgement that journalism produced according<br />
to such ethical st<strong>and</strong>ards is likely to be of benefit to the public.<br />
Conclusion<br />
If charitable news organisations are to demonstrate that their<br />
journalistic activities are directed towards a charitable purpose; that<br />
this purpose will, in fact, be achieved; <strong>and</strong> that this purpose will<br />
benefit the entire public, or a sufficient section of the public, then<br />
they must – among other things – be able to show that their work<br />
is produced according to ethical st<strong>and</strong>ards. This is not sufficient to<br />
achieve charitable status, but it is a necessary precondition.<br />
By registering the IPRT as a charity, the tribunal has created a<br />
precedent in charity law for the existence of such ethical st<strong>and</strong>ards<br />
of journalism. The tribunal did not see any need to define ethical<br />
journalism, but relied as evidence upon the existence of a set of<br />
recognised principles, as distilled by the Council of Europe (Council<br />
of Europe 2011). This precedent should help news organisations<br />
show the Charity Commission that they will fulfil their charitable<br />
purposes by researching <strong>and</strong> publishing stories with full regard for<br />
the rights <strong>and</strong> interests of any individuals concerned, <strong>and</strong> of society<br />
as a whole, according to a recognised code of ethics.<br />
Moreover, by enabling IMPRESS to operate as an independent press<br />
regulator, with financial assistance from the IPRT, the tribunal has<br />
helped to create a framework within which the ethical st<strong>and</strong>ards<br />
of news organisations may indeed be formalised <strong>and</strong> upheld. News<br />
organisations which are independently regulated by a body such as<br />
IMPRESS can demonstrate to the commission that they follow high<br />
ethical st<strong>and</strong>ards of journalism. This should provide the commission<br />
with the necessary reassurance that, whilst not all journalism is<br />
charitable, certain forms of journalism are charitable, <strong>and</strong> that<br />
92 Copyright 2016-2/3. Ethical Space: The International Journal of Communication Ethics. All rights reserved. Vol 13, No 2/3 2016