Tuesday 19 March 2013

New Press Regulator to spend our tax pounds

It appears that the new press regulation will include websites such as this one, if I cover "news-related material".

In Schedule 4, in "Key Definitions", it says and I quote:

1. (b) “relevant publisher” means a person (other than a broadcaster) who publishes in the United Kingdom:

i. a newspaper or magazine containing news-related material, or
ii. a website containing news-related material (whether or not related to a newspaper or magazine);

So what is, "news-related material", you might ask and sadly as in many Government documents, they have to define and define and then redefine their terms so that we can work out what it means. They do this in section 1 e)

e) “news-related material” means:

i. news or information about current affairs;

ii. opinion about matters relating to the news or current affairs; or
iii. gossip about celebrities, other public figures or other persons in the news.

So, hang on, I give opions about matters relating to news or current affairs, that must mean that it covers me? Do I gossip as well - don't think so, but they don't define gossip, so I have no idea on that front. So does that mean I have to subscribe to one of the Regulators? And if not what happens to me?

What is worse than this, this draft Royal Charter effectively says that our tax pounds are going to fund it for the first three years, how do I work this one out, in the section Money it states:

11.1. The Exchequer shall grant to the Recognition Panel such sums of money as are sufficient to enable the Board to commence its operations and thereafter fulfil its Purpose for the first three years after the date upon which this Charter becomes effective

Which means that after the first three years, it has to charge the Regulators that it has given the OK to, sufficient fees to keep itself ticking over. But, and here again, it comes to our tax pounds, in section 11.7 it effectively says that if the Recognition Panel racks up losses due to legal fees or

(c) wholly unforeseen events, it shall have the right to request further reasonable sums from the Exchequer.

which means if it makes a massive mistake, then we could well end up paying for it!

Who is a part of this and how does this new body work then?

Well this is the interesting part (oh no - head for the hills, its that word again - outdoor ed), the government have basically instructed the Queen (long may she continue to rule over us - Royal Ed) to issue this draft document, as they do not want to be seen to be doing it via the House of Commons or via a law (statute as they call - ed)

The document explains that a "Body Corporate" is to be created, which is simply a legal entity (thing, object - ed) somewhat grandly called the "Recognition Panel". Aha, what are they going to recognise you might wonder (wandering off at this point - ed) but that would be getting ahead of ourselves.

This "Recognition Panel", will have a board (like in a board room - ed), called the "Board of the Recoginition Panel", with me so far?

This Board, "shall be responsible for the conduct and management of the Recognition Panel’s business and affairs", with you so far, but what is its business and affairs. Patience dear friend (and particularly my foreign friends, this is a very British way of handling delicate matters that you don't want the Government to do - ed) I am going as fast as I dare!

First, they have to define a few matters about who can or cannot be on the "Board of the Recognition Panel".... dull dull dull, then they get to the purpose of the "Recognition Panel" which is.


3.1. The Purpose for which the Recognition Panel is established and incorporated is to carry on activities relating to the recognition of Regulators in accordance with the terms of this Charter.


Eh, just what are they talking about. Well, it means exactly what it says, that the purpose is to "recognise Regulators".

Right, but who are the "Regulators", and what are the terms of the Charter?

You have to realise, that you need time and effort to get to the bottom of this, as it will determine the freedom or otherwise of our Press for quite some considerable time to come, assuming that the Press themseleves understand this wiffley document (pardon Your Majesty, the wise and informative words in this document that you have so kindly brought forth - kowtowing ed). 

Heading back to the definitions section, it defines a "Regulator" this way in Key Definitions section 1:


a) “Regulator” means an independent body formed by or on behalf of relevant publishers for the purpose of conducting regulatory activities in relation to their publications;

Eh? Isn't that what the Press Complaints Commission (PCC) is already. Well NO you just haven't read enough of the document yet!

The Recognition Panel will only recognise a "Regulator" if and only if they meet the the 23 (interesting number 23 - anyone read The Illuminatus Trilogy by Shea and Wilson - good books ed) conditions outlined in the Schedule, "Recognition Criteria".

This is a long and tedious list (please don't bore us with it - ed) that attempts to define what hoops a potential, "Regulator", has to jump through before being recognised as a, "Regulator", by the, "Board of the Recognition Panel". (Think I may have lost the will to live - ed)

One of the steps (count them 23 - ed) is that the "Regulator" to be has itself to create a "Board" - eh? Anyone still with me at this point, (I presume that we aren't there yet - ed)

What those who code might have noticed is that the "Recognition Panel" is in fact a meta-body, that is a body that gives the rules for the creation of other bodies, in this case, "Regulators", who are themselves "independent regulatory bodies" that need to meet various but not all of the  Leveson Inquiry recommendations. Is that the nub of the matter, yes. But where are the newspapers etc in all of this? We are almost at the point where they are mentioned but not quite mentioned!

Now, once a Regulator has been recognised, they then can allow entities to subscribe to them i.e. agree to adhere to the rules as laid out by the Regulator. This is where the Press come into it. The Press are the subscribers to the recognised Regulator - and must then abide by its rules and also fund it!

It has taken a while to get here, and I have cut out pretty much all of the gritty detail. For your interest and mine I knocked up this a coloured diagram which is basically it without most of the verbiage and who appoints who to what.
Hope this helps


So all of the above is being created to do what? Ensure that we do not put the freedom of the press under the control of the House of Commons and hopefully improve on the way the press are currently self-regulated - which is done by basically creating a new Regulator or Regulators as there can be more than one (surely there can only be one, another film reference for those who made it to here - film ed).

Who appoints the Recognition Panel?

What, you mean it isn't obvious, well that will be the Commissioner for Public Appointments, well not exactly, this Commissioner will himself appoint 4 candidates to be on an Appointments Committee and unbelievably this committe will then use a set of criteria defined in Schedule 1 section 3 named most enlighteningly, "Criteria for Appointment to the Board of the Recognition Panel". So it seems to go and on... (ariston - advert ed)

Do we really believe all of this?

I have no idea whether you belive all of the above or do not. If you read the actual Draft Royal Charter, after having read the above, it will be a bit more obvious what they are on about, and might make it easier to understand.






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