View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Media Law
April 25, 2013updated 03 Jul 2013 9:40pm

Pressbof Royal Charter versus Parliament’s plan: How the two press regulation schemes differ

By Dominic Ponsford

Analysis

The stage is set for a historic clash between Parliament and the press as the majority of the newspaper industry today rejected the cross-party press regulation Royal Charter with just weeks to spare before it goes to the Queen for approval.

The Newspaper Society has put in its own rival petition to the Privy Council for a Royal Charter to regulate the press.

The Queen could now be placed in a difficult position on 15 May when the Privy Council meets to approve the cross-party press regulation Royal Charter. Such charters are normally uncontroversial and the Privy Council will have two rival Royal Charters to consider – one put forward by the newspaper and magazine industry, the other by Parliament.

The decision on how to handle this unique constitutional dilemma may lie with Lord President of the Privy Council Nick Clegg. The Queen herself, as head of the Privy Council, may have a say in how this is handled.

Regional press trade body the Newspaper Society claims that whereas its Royal Charter is now going out to consultation, the Government has not done so with its plan – in breach of the rules of the Privy Council.

According to Mail on Sunday editor emeritus Peter Wright the industry plan has the backing of the main trade bodies – the Newspaper Society, Newspaper Publishers Association and the PPA. But discussions are ongoing as to whether all individual publishers agree to it.

Content from our partners
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it
Impress: Regulation, arbitration and complaints resolution

The industry plan is based closely on the first Royal Charter on press regulation put forward by the Conservatives on 12 February after negotiations with representatives from the newspaper industry.

But it differs in several major respects from the final Royal Charter agreed after discussions between the three main political parties and campaign group Hacked Off which was published on 18 March.

Under an amendment to the Crime and Courts Bill which is still going through Parliament, publishers who are not members of the new regulator would be left open to threat of exemplary damages in libel actions. By putting forward their own Royal Charter, publishers appear to be accepting this statutory element.

However the other statutory aspect of the cross-party press regulation regime put forward last month has been rejected by publishers. An amendment to the Enterprise and Regulator Reform Bill states that future Royal Charters can only be amended by a two thirds majority of both houses of Parliament.

But the press Royal Charter explicitly states terms under which it can be amended which override that legislation.

Here are the main points of difference between the industry Royal Charter and the cross-party deal.

Independence of the press:

The cross-party Royal Charter proposes total independence for the Recognition Panel which will licence a new press regulator.

The press Royal Charter states that the Recognition Panel should include someone who represents the publishers’ Industry Funding Body (currently Pressbof).

Permanence of the Royal Charter:

Parliament proposes that the Royal Charter can only be changed with a two-thirds majority of both houses of Parliameent

The press Royal Charter can be changed with “unanimous support of the members of the recognition panel, the members of the board of the regulator and the members of the boards of all the trade associations”. This trumps the terms of Enteprise and Regulatory Reform bill.

Third-party complaints:

In a new section the press Royal Charter plan gives the board of the regulator “discretion not to look into complaints if they feel that the complaint is without justification, is an attempt to argue a point of opinion rather than a standards code breach, or is simply an attempt to lobby”.

Editors’ Code Committee:

The cross-party Royal Charter proposes that the Editors’ Code Committee should comprise one third editors, one third members of the public and one third ordinary journalists. (It is currently all serving editors).

The press Royal Charter wants to keep a majority of serving editors on the Code Committee but include some independent members

Arbitration arm:

The cross-party Royal Charter deal says the new press regulator must include an arbitration service as way of agreeing libel compensation in a way that is cheaper than going to court.

The press Royal Charter says that the “board of the self-regulatory body may provide an arbitral process in relation to civil legal claims against subscribers”.

It suggests also that it “may consider operating a pilot scheme to test the fairness, effectiveness and sustainability of the arbitral process”.

Topics in this article : ,

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network