After Leveson

Leveson’s recommendations. By way of both a prediction and set of suggestions, here is what I think Leveson ought/will suggest : 1 A piece of UK legislation guaranteeing freedom of the press. This is necessary to underpin the ECHR and head off the expected objections by the press. It is placed first deliberately so as to emphasise the balanced nature of the recommendations. 2 A new independent press body, avoiding any ‘regulatory’ connotation. Call it the ‘Press Review Board’ or something similar. It should contain no government or press representatives (past or present). 3 A new press code of conduct, with very specific criteria on privacy, public interest, permitted and prohibited activities etc. 4 The Press Review Board to make judgments on the basis of the code. 5 The Board could be proactive or react to complaints. 6 The Review Board also would hear complaints by elements of the press if they believe their freedoms are being threatened in any way. 7 The Board should not have judicial powers, but will be charged with the role of referring some complaints to the Crown prosecutors if there is a prima facie case of invasion of privacy, phone hacking etc. The Board’s decisions could also be used as authoritative in any future civil action. In other words, the Board should not have enforcement powers but will be required to refer cases to the courts where appropriate. 8 In criminal or civil cases, where a defence of ‘public interest’ is being used, the onus will be on the defendant to prove public interest, and not the other way round. In other words, it will be assumed at the outset of any case that there is no public interest where privacy was invaded. 9 Some strengthening of existing legislation and arrangements to ensure more assiduous pursuit of criminal cases.