Wednesday is a critical day in the history of Britain, in the sense that a long-established freedom is at risk of being curtailed:
Press freedom is hanging by a thread in Britain. Tomorrow, the House of Commons will vote on the Data Protection Bill, and Labour MPs have added amendments to it that would effectively end 300 years of press freedom in this country.
That this profound affront to liberty had almost passed under the radar, until spiked and others began making noise about it over the weekend, shouldn’t surprise us. This vote is the culmination of a slow and covert war on the press that has been waged for the best part of a decade.
This story begins with the Leveson Inquiry, an effective showtrial of the press that sparked dozens of spurious trials of journalists and barely any convictions. Since then, press-regulation campaigners have had to find new and underhand ways to push their agenda on an industry and a public who clearly see right through it.
In the wake of Leveson, a new regulator, Impress, was established and given official recognition. It was an historic moment, in the worst possible sense: this was Britain’s first state-backed regulator since the days of Crown licensing. But it was also a stunningly bad bit of PR for the press-regulation lobby, in that Impress was staffed by tabloid-loathing hackademics and funded by tabloid-loathing millionaire Max Mosley.
No national newspaper signed up to it. And so the Hacked Off brigade has been pushing over the past few years for Section 40, a law that would force publications to sign up to a state-approved regulator, which at the moment means signing up to Impress. Those publications, like spiked, who would refuse on principle, would be required to pay the legal costs of any case brought against them, even if they win.
As such, Section 40 would be a gift to the powerful and the begrudged. It would enable anyone to launch lawsuits aimed at shutting down publications they dislike. This is an opportunity that people who have been exposed by the press would take in a heartbeat. It would undermine not only press freedom, but also natural justice.
And it isn’t just the press who are concerned about this. In 2016, the government opened a public consultation into press freedom, asking members of the public if it should implement Section 40 and commence the second part of the Leveson Inquiry. Out of a huge 174,730 responses, 79 per cent said No to Section 40 and 66 per cent said No to Leveson 2.
Update, 10 May: The vote was too damned close, but it was defeated by a nine-vote margin. Guido has the list of MPs voting in favour of muzzling the press here.
