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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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42BR Barristers—4 Brick Court

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Gateley Legal—Daniel Walsh

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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