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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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