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16 November 2012 / Iain Goldrein
Issue: 7538 / Categories: Opinion , Media
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The Leveson conundrum

Is it possible to regulate the press but still uphold its freedom, asks Iain Goldrein QC

It is arguable that without Millie Dowler there would have been no inquiry into the culture, practice and ethics of the press. Given the context, the Leveson Inquiry has brought to bear a sharp focus as to the shortcomings of the press. Press regulation, however, cannot ignore the role played by a free press in policing the integrity of our society. If we focus unduly on the negatives, without factoring in sufficiently the positives, we are at risk of sublimating the good through a disproportionate pre-occupation with the bad. According to Mark Antony in Julius Caesar: “The evil that men do lives after them; the good is oft interred with their bones.”

We need to address the evil, but not at the expense of the good.

Primary issues regarding press regulation

The issues appear to be:

  • the independence of the regulatory body;
  • the independence of its membership;
  • finance;
  • disclosure;
  • ease of access by the consumer;
  • enforcement
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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