Contents and acknowledgements

Acknowledgments

Public debate and private discussion were essential in developing the ideas in this report. Thanks to those who gave interviews on their views about free speech and privacy. Their comments are reproduced on spiked, in full.

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Interviewees

Ray Bellisario – photo-journalist and video documentarist

Andrew Billen – staff writer, The Times

Lauren Booth – columnist, New Statesman

Dorothy Byrne – commissioning editor, News, Current Affairs and Business, Channel 4

Phil Craig – independent TV producer and co-author, ‘Diana: Story of a Princess’

Mike Jempson – director, PressWise Trust

Clive Jones – chief executive, Carlton Channels

Jane Kerr – royal reporter, The Mirror

Anna McKane – lecturer, Department of Journalism, City University

David Northmore – investigative journalist and author, ‘Lifting the Lid’

Karen O’Connor – editor, correspondent, BBC

Julian Petley – Campaign for Press and Broadcasting Freedom

Professor Robert Pinker – acting chairman, the Press Complaints Commission

Alex Renton – former chief writer and foreign reporter, The Evening Standard

Bob Satchwell – executive director, Society of Editors

Clive Soley – Labour MP

Michael Tugendhat QC – Five Raymond Buildings

Neil Wallis – editor, The People

Toby Young – theatre critic, The Spectator and author

Further thanks are due to:

Guy Black – director, Press Complaints Commission

Max Clifford – PR consultant

Duncan Lamont – media partner, Charles Russell solicitors

Keir Starmer QC – barrister, Doughty Street Chambers

Richard Stott – columnist, Sunday Mirror and author

Hugh Tomlinson QC – barrister, Matrix Chambers

Members of the LIRE media group, the Society of Editors, the Media Society and the LSE media group gave their free time to co-organise two debates in central London with additional financial support from the law firms Lovells and Fineman Stephens & Innocent. The Sugar Reef nightclub (London), the London School of Economics, and Hill and Knowlton kindly offered their venues. These debates would not have taken place without the support of John Mair from the Media Society.

Thanks to all those who helped with the editing of this report, offered opinions or published articles as part of my research: Article 19, Andrew Calcutt, Aidan Campbell, Tara Conlon, Chris Evans, Heather Ferguson, Geoffrey Goodman, James Heartfield, Jon Holbrook, Cosmo Landesman, Kaisa Larkas, Janine Gibson, Richard Keeble, Ian Reeves, Danny Schechter and Rosie Waterhouse. A special thanks to William Mayes who read through all the working drafts of this report and offered ideas, and Catherine Teare, researcher for the Freedom and Privacy project at the LIRE media group, who conducted interviews with media executives, journalists, media lawyers, photographers and media campaigners. Finally, thanks to all those at spiked.

Full contents

Part One: Restraint or Revelation? Free speech and privacy in a confessional age

Part Two: Privacy vs free speech: two competing rights?

Part Three: A qualified right to free speech

Part Four: Free speech and trivia

Part Five: Free speech and the ‘right to know’

Part Six: Free speech and the public interest

Part Seven: The confusion over privacy

Part Eight: Privacy loses its meaning

Part Nine: Privacy, free speech and the media: some conclusions

Part Ten: Contents and acknowledgements

Appendices

1. Human Rights Act (1998)

Useful websites

1. Clause 12, Human Rights Act (1998)

2. Code of Practice, Press Complaints Commission (PCC)

3. Codes of Guidance, Broadcasting Standards Commission (BSC)

4. Codes and Guidance Notes, Independent Television Commission (ITC)

5. Codes and Guidelines, Radio Authority

6. Producer Guidelines, BBC

7. Code of Conduct, National Union of Journalists (NUJ

8. See a summary of court case judgements

9. Guardian Free speech, internet and press and privacy websites

10. British media websites, British Media Online

11. Society of Editors

12. PressWise Trust

13. Campaign for Press and Broadcasting Freedom

Background to the report

Over the past year, LIRE media group researchers have analysed the media coverage of the discussion on free speech and privacy. Catherine Teare, Researcher for the LIRE media group conducted all the interviews and organised a questionnaire for this report.

Two debates on these issues were co-organised by the LIRE media group, the Society of Editors, The Media Society and the LSE media group. ‘Private Lives Public People’ was held at the London School of Economics (LSE) on 7 March 2001 and was chaired by Tessa Mayes. The speakers were Neil Wallis (editor, the People), Dorothy Byrne (commissioning editor, news, current affairs and business, Channel 4), Professor Robert Pinker (acting chairman, Press Complaints Commission), Mike Jempson (director, The PressWise Trust) and Michael Tugendhat QC (barrister, Five Raymond Buildings).

The issues of celebrity and privacy were discussed at the debate entitled ‘Leave Me Alone (I’m famous)’ held at the Sugar Reef nightclub, London on 30 October 2001. This was sponsored by law firms Lovells and Finers Stephens Innocent. The speakers were Keir Starmer QC (barrister, Doughty Street chambers), Duncan Lamont (media partner, Charles Russell solicitors), Lauren Booth (columnist, New Statesman), Max Clifford (PR consultant), Bob Satchwell (director, Society of Editors) and Toby Young (theatre critic, The Spectator and author of ‘How to Lose Friends and Alienate People’).

This report was launched on 22 October 2002 at a debate on ‘Privacy: free speech and human rights legislation’, at Hill and Knowlton, London. Guy Black (director, Press Complaints Commission), Hugh Tomlinson QC (barrister, Matrix Chambers) and Richard Stott (Sunday Mirror columnist and author of Dogs and Lamposts) debated the issue with Tessa Mayes.