The document discusses regulation of the media in the UK, specifically comparing self-regulation versus state regulation. It provides background on regulatory bodies like the PCC, OFCOM, and BBFC. While the PCC is a self-regulatory body for print media, OFCOM and the BBFC have statutory duties but different forms of regulation, with OFCOM regulated by the government and BBFC through industry professionals. The document also examines arguments for and against regulation, how privacy law has evolved, and challenges to regulation posed by the internet and differing treatment of issues across media.

1. Regulation and Control
Aims and Objectives
Intro to the current PCC
Overview of the PCC
Read History
Discussion of The PCC and the reasons for the Levenson Inquiry
Use Case Studies...
Is Self Regulation Working?
http://www.pcc.org.uk/
Why is Regulation and Control of the Media Important?

2. What is the PCC
Press Complaints Commission
Is an independent body that administers a system a self
regulation for the press
self regulating vs. state regulation
Self-regulation means that the industry or profession rather
than the government is doing the regulation.
In contrast: State or statutory regulations means an act of
law or a government body regulates the industry
Arguments
The British press operates an important position as the fourth estate.
The press is there to challenge parliament and act in the public interest.

3. Use the PCC to Discover the Meaning of these Terms
What is libel?
What is contempt of court?
What is a super injunction? (Human Rights Act 1998)
What Do These Cases Inform Us Of?
High profile cases - Imogen Thomas - Injunctions / Twitter.
Christopher Jefferies - Libel
The Sun & The Mirror - Contempt of court

4. Remember
In the UK there are different regulatory bodies some which are
regulated by the state i.e. OFCOM which is regulated by a
government body and then you have PCC and BBFC which are self
regulating. Both the BBFC and OFCOM have a statutory duty to
regulate, but one is regulated by the government the other industry
proffesionals.
Question 1.: What is the difference between self regulation and
regulation?
Questions 2: What are the arguments for and against regulation
Question 3: How can we have some media which are self regulated
and others which are regulated by the state?
Question 4: In an era of the world wide web with global access, and
Web 2.0 is regulation possible at all?

5. Self regulation and regulation
Self-regulation means that the industry or profession rather
than the government is doing the regulation.
In contrast: State or statutory regulations means an act of
law or a government body regulates the industry
RECAP
In order to understand the present media you have to understand its past
The British press operates an important position as the fourth estate.
The press is there to challenge parliament and act in the public interest.
TV, historically emerged during the world war II period, and because of
its power as a vehicle for propaganda was deemed too important to be
self regulated. In its current state OFCOM regulates TV and has
statatury legal powers and so does the BBFC, but PCC and BBFC are
self regulating and Ofcom is a government body.

6. Arguments against state regulation
· British press operates an important position as the fourth
estate.
· The press are there to challenge parliament and act in the
public interest.
· Journalists often use the ʻpublic interest defenceʼ as a
defence to publish information.
· The media needs to be free to protect and promote the
rights of freedom of expression and information, not
provide an opportunity for public officials to interfere in or
harass the media

7. UK regulation and the press
· Print media in the UK is not subject to any specific statutory controls on their content
and activities, other than the general criminal and civil law. Criminal and Civil law is
important as newspapers can be sued for libel and also a lot of celebrities bring civil law
cases against newspapers.
·
· At present the PCC is self regulated this means that it is regulated by an independent,
non-statutory body that is responsible for maintaining an Editorial Code of Practice and
investigating complaints into alleged breaches of the Code.
·
·
· The PCC is a voluntary self-regulatory system, has resisted state control but their is an
uneasy balance, with some pushing for a statutory alternative that has powers
enshrined in law.

8. Continued
The 1990 Calcutt report recommended the setting up of a new Press Complaints Commission to
replace the Press Council. The new Commission would be given 18 months to prove non-statutory
self-regulation could work effectively and if it failed to do so, then a statutory system would be
introduced.
The press rose to the challenge. The PCC was set up at the beginning of 1991 and at the same
time a team of national and regional editors produced the Code of Practice for the new
Commission to administer.
However, in his first report of 1993, the late Sir David Calcutt complained of the ineffectiveness of
the PCC and called for statutory regulation. The Government delayed responding until 1995, when
National Heritage Secretary Virginia Bottomley rejected regulation, proposing instead a series of
reforms to the PCC.
Following the death of Princess Diana in 1998, the PCC came under pressure to reform again, and
the Code was revised again to better protect privacy and to take account of the Youth Justice and
Criminal Evidence Act 1999.
To date the Code has been revised 30 times since it was first published. The latest amendment
was made to the Accuracy clause in January 2011.

9. PCC Code
LINK or available at http://www.pcc.org.uk/cop/practice.html i
PCC is an ethical rather than legal code, and has no legal power in contrast
to Ofcom and the BBFC.

10. Princess Dianaʼs death what people said: Arguments for
regulation?
The death of Princess Diana caused a public outcry with people blaming journalists, and
journalists blaming the paparazzi. After her death radical changes to the PCC code were
introduced such as rules about an individual's private life, the treatment of children and
harassment.
At the time Lord Spencer, Dianaʼs brother asked for privacy to be recognised as a human right and
said it would be a fitting tribute to his sister if the old ways of tabloid journalism died with her.
The chairman of the Press Complaints Commission's code committee, Sir David English, chairman
said "The tragic death of Diana, Princess of Wales has focused unprecedented public attention on
press intrusion, harassment and respect for privacy. As those charged with defining the Code of
Practice which sets the benchmarks for the ethical and professional standards of journalism, we
recognise this. We are now undertaking an urgent review of the code. As an industry we
emphasise the need for the code to be followed not just in the letter but in its full spirit.“

11. Global impact of the PCCʼs
decision
Lord Wakeham said when the proposals would be introduced "no longer be a market for
pictures taken by the sort of photographers who persistently pursued Princess Diana". But
he added that the problem remains a global one. The proposals include a new obligation to
editors to check how pictures were obtained and measures to prevent so-called media
scrums, caused by large numbers of journalists working at the same time. The present
section of the code on privacy is expected to be re-drawn, with a definition of an individual's
private life for the first time.
The problem with this just because the PCC is regulated does not mean other countries
have the same regulation, and with the internet people can publish what they want. WEB 2.0

12. Privacy law and EU law
Before and just after Dianaʼs death the UK had no such thing as a privacy law unlike
other countries, this meant journalist could photograph celebrities and invade their
private life.
This all changed with the inclusion of EU law
Article 8 of the ECHR, (European Convention Human Right) Right to respect for private
and family life states that:
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals, or
for the protection of the rights and freedoms of others.

13. Privacy Vʼs public interest
This meant for the first time Journalists had a new regulator and that
was privacy law, now came the battle of privacy vʼs public interest, EU
law vs. the British press. You can use these in your exam.
Important cases for privacy
Princess Diana
The killers of Jamie Bulger
Naomi Campbell
JK Rowling
Max Mosley
John Terry
Madeleine McCann
Jan Moir Daily mail

14. Media Standards Trust criticism
The Media Standards Trust weighed into the debate
adding that the PCC should not have serving editors on its
board and revealing that newspaper and magazine editors
are not bound to follow advice from the PCC. Furthermore
figures from the 2008 PCC Annual Report indicate that of
the 4698 complaints that were brought only 45 were
adjudicated. Even though the PCC claim that a
considerable number of those complaints were “resolved”,
one is less confident of their ability to provide adequate
redress.
Further, the PCC has no power to fine offending
publications and even in successful complaints, victims
are not provided any form of compensation.

15. Limits of Self-Regulation under
English law arguments against:
·
Self-Regulation involves media organisations forming an independent
body, setting up their own code of conduct and operational structure as
well as raising their own funds.
·
· In Britain, the Press Complaints Commission (PCC) is an independent
self-regulatory body which adjudicates complaints from the public and
acts as an “informal conciliator, leaning on newspapers to admit
mistakes or oversights…”
·
· It is funded by a levy on newspaper and magazine publishers who
subscribe to its authority. Does this create bias, how can you regulate
yourself, the PCCʼs history has shown that it does not work with the
failure of previous self regulatory bodies?
·
· Use your case studies that you have watched and researched to
support the problems of current PCC and self regulation

16. Theorists against self regulation
Robertson and Nicol who have entertained the view that the PCC is “an ineffective regulator which
fails to offer adequate redress in a great many cases”.
Tambini et al ( 277) “The argument for self regulation of the media as an alternative to legislation
means using self regulation methods ( codes bodies able to apply the code) to provide a framework
of limitations which in turn provides a system of accountability.
Criticism
Stokes and Reading (1999:156). Newspapers argue for freedom of expression, but in doing so they
suggest that newspapers alone, other than other public bodies should stand above international
law. Quiet clearly for some newspapers the ability to snoop and poke into peopleʼs private lives is
infinitely more important than carrying out serious journalism.
A similar view was echoed by the ECHR decision in Peck v United Kingdom (2003) ECHR when it
was found that “The PCC rejected the applicantʼs [Peck] complaint without a hearing…” Mr Peck
was caught on CCTV when he attempted to commit suicide in a public place. This footage was
publicised without his permission and the ECHR upheld his claim for invasion of privacy
notwithstanding the PCCʼs earlier rejection of the same complaint

17. Arguments for self regulation
In 2008 Labour MP Jim Sheridan was arguing the case for the PCC to be replaced in the House of Commons .
Sheridan was introducing the new bill, which would be the latest attempt to “introduce a statutory method for
protecting the general public from inaccurate and, at times, inflammatory reports in the press and media” .
The new proposed regulatory system said it would not have any effect on the freedom of the press and that it
was the duty of a free press to “balance commercial considerations with its responsibilities to individuals and to
society as a whole” .
The main thrust of the argument is that the PCC should have more power to enforce its code and ensure that
members correct their mistakes when proved to have transgressed. Apparently the National Union of
Journalists has been calling for the PCC to become a public body which would allow its practices to be
scrutinised through the Freedom of Information Act 2000 [5]. The argument is that if the workings of the PCC
were more transparent, then there would be less cause for complaint, in particular with regards to the amount
of complaints that are actually upheld. Sheridan goes on to state that “there is an increasing body of anecdotal
evidence to suggest that in situations in which victims feel that they have a strong case, they are brought off
with minimal out-of-court cash settlements, and with a small retraction buried in the depths of the
newspaper” [6] .
A 2009 Select Committee report into "Press Standards, Privacy and Libel" stated that "self-regulation of the
press is greatly preferable to statutory regulation, and should continue

18. Internet
The growth of the internet has brought its own problems particularly in relation
to social networking sites and the protection of privacy.
An Ipsos MORI poll commissioned by the PCC in March 2008 revealed that
42% of web users aged 16-24 knew someone who had been embarrassed by
information uploaded on to the internet without their consent. And 78% of the
entire adult online population would change information they publish about
themselves online if they thought the material would later be reproduced in the
mainstream media.
In addition, 89% of web users thought there should be clear guidelines about
the type of personal information that can be published online so that they can
complain if the material is wrong or intrusive.

19. Internet does it mean the only way is
self regulation?
PCC director Stephen Abell, in an interview in June
2010, said the Commission believed that the
proliferation of information online "militates against
statutory regulation, as the content is so diffuse that
it cannot be easily constrained."
The PCC felt therefore that only self-restraint and
self-imposed standards from newspapers,
magazines and their websites could really work
online.

20. The Internet is not immune to
regulation.
Forget self regulation- is statutory regulation already regulating
the industry?
How libel law is effecting regulation
Libel law is when a person writes a defamatory untrue statement about a person, a
broadcast statement is called defamation. Newspapers are normally subject to libel
laws but recently, this law has been applied to the internet.
Ranting in 140 characters has cost Courtney Love $430,000 (£265,000) after she was accused of libelling a
fashion designer on Twitter. The singer agreed to settle Dawn Simorangkir's libel suit rather than face a jury in
a courtroom showdown. It is thought to have been the first libel settlement prompted by tweets. Love had used
Twitter and her MySpace account to declare Simorangkir, who is behind the Boudoir Queen designer label, a
thief and a criminal. Love's ire is said to have been sparked in 2009 by the designer's decision to send Love a
bill for five outfits.

21. The problem is not self-regulation vs.
regulation or even the internet, its the
fact that regulation is medium specific
Points
In the past regula1on in this country has been media specific, however, we can see with case studies like Jan Moir
that what was perfectly acceptable for the PCC, would have been a major problem for OFCOM’s guidelines. This
means that regula1on is a joke because there is no consistency.
You have the BBFC and Ofcom which both have statutory du1es but, BBFC is regulated by industry professionals and
Ofcom by a government body. BBFC is more like the PCC in rela1on to the way it regulates itself however PCC has no
legal powers.
Further, with the impact of the internet, 24 news coverage, how can you regulate or censor news, if the press are
not aloud to report it because of an injunc1on, then people will search the internet.
The problem with the concept that we can regulate the media, is largely in doubt now because of the impact of
internet, and web 2.0 unless we regulate the internet, doing this is both difficult because different countries have
different law, also because of web 2.0 and also because regula1ng the internet would be seen as a

22. Remember
What the internet does is highlight this problem of media
specific regulation firstly because it is difficult to regulate.
Secondly it shows the problems with the current system
because the internet is a medium which contains
technological convergence and proliferation, i.e. it
contains radio, print, TV, adverts and films.
All of the above are regulated be a media specific
regulatory system i.e. self regulated and regulated, so the
internet highlights the problem with the current system.

23. Is the internet free
Twitter and Facebook have been lauded as the ushers of a new era in
social activism.
But when hundreds of thousands of people took to the streets in Egypt
this Jan. and Feb., the government switched off the Internet. The
Mubarak regime disconnected 90 million people from the Web simply
by calling the countryʼs four internet service providers and demanding
they discontinue service. Perhaps social networks arenʼt as
decentralized as we thought.
Douglas Rushkoff, a media theorist writing for CNN, said the Internet is
“entirely controlled by central authorities.” While the common person
may feel a degree of liberty with their Tweets or posts, ultimately the
power is vested in the corporations who own the platforms and the
governments that command the kill switches.

24. Theorists McQuail
Internet as a new media, changes the role of the audience. The
balance of audience activity shifts from â reception to searching,
consulting and interacting (Mc Quail, 2000: 120).
Internet features three main ideas as it is interactivity, demassified
nature and breaking the barrier of space and time. Audience are able to
access the Internet from almost everywhere, seeking information from
sources within and outside geographic barriers. The audience are not
restricted to local content anymore, as the degree of freedom that is
available. Despite the differences, the new media are being used and
exploited in much as the same way the old media for selling,
advertising, propaganda and persuasion ? (Mc Quail, 2000: 124).

25. Theorists in favour of self regulation
Collins (1991:61) newspapers are watchdogs of society and it is vitally important to prevent direct
government intervention to the press. It is argued that statutory regulation would make the press
behave more responsibly but it does not auger for democracy when politicians start praising
newspapers for behaving responsibly.
Collins (1991:61) “Always behind the presence of statutory press regulation hovers the prospect of
censorship”
Collins (1991: 61) argues that statutory regulation would also open up new markets and services
for lawyers by newspapers and few citizens could enforce their right without legal aid.
Collins (1991: 62) In a framework of self regulation which deal with editors in a direct and impartial
basis as neither friends nor foes to each other.
Solevay and Reed (6) “however the type of self regulation now accepted has been advocated
seriously since about the year 2000. Prior to that self regulation had a much different meaning. It
meant essentially no regulation” I.e. This can be linked to the fact that companies are now asking
people to say how old they are before downloading something, or with AOL and other companies
disconnecting people, there is now a move towards self regulation rather than no regulation on the
internet.

26.
What are the arguments for and
against specific forms of contemporary
media regulation
The arguments for and against media regulation
large fall into two parts,
1. Self regulating vs. state regulation
2. Press Freedom vs. state control
3. Public interest vs. Privacy
4. How effect are regulatory practices

27. What is the PCC
Press Complaints Commission
Is an independent body that administers a system a self
regulation for the press
self regulating vs. state regulation
Self-regulation means that the industry or profession rather
than the government is doing the regulation.
In contrast: State or statutory regulations means an act of
law or a government body regulates the industry
Arguments
The British press operates an important position as the fourth estate.
The press is there to challenge parliament and act in the public interest.

28. Arguments against state regulation
British press operates an important position as the fourth estate.
The press are there to challenge parliament and act in the public interest.
Journalists often use the ʻpublic interest defenceʼ as a defence to publish information.
The media needs to be free to protect and promote the rights of freedom of expression and
information, not provide an opportunity for public officials to interfere in or harass the media

29. Arguments for and against Self Regulation
Maintaining a free, responsible press
One of the central benefits of press self regulation is that it combines high standards of ethical reporting with a free
press. Statutory controls would undermine the freedom of the press - and would not be so successful in raising
standards. A privacy law, too, would be unworkable and an unacceptable infringement on press freedom. It would be of
potential use only to the rich and powerful who would be prepared to use the Courts to enforce their rights - and would be
misused by the corrupt to stop newspapers from reporting in the public interest. Self regulation has none of the problems
of the law - yet still provides a system in which editors are committed to the highest possible ethical standards.