I meant to write in more detail about the grotesque perversion of natural justice embodied in the proposed Section 40 of the Crime and Courts Act earlier, but I was ill so I didn’t. Never mind. Guido Fawkes has covered the essentials here. That link takes you to a post on Guido’s site which contains a petition to the government. If you are from the UK, please consider signing it.
For an explanation of why I say that, see this from Michael Gove in the Times:
The Department for Culture, Media and Sport is considering whether or not to implement section 40 of the Crime and Courts Act 2013 and the period of consultation ends next week. If implemented, section 40 would require newspapers either to register with an approved regulator or face active discrimination in the courts.
The one regulator the government has so far approved, Impress, is funded largely by the former Formula One boss Max Mosley, a determined campaigner for restrictions on the press ever since a Sunday tabloid published disobliging details about his private life. Mr Mosley has assembled a team to run Impress who could never be mistaken for carefree libertarians.
Three of his board members support a campaign to starve The Sun, the Daily Express and the Daily Mail of advertising revenue. One board member has expressed his sadness that the Mail cannot just be banned, and the CEO of the organisation has shared social media posts comparing the Mail to Nazi newspapers and has decried its work as fascist. One does not have to admire every aspect of the Mail to recognise that its crusading journalism played a huge part in bringing the racist killers of Stephen Lawrence to justice. Nazi newspapers tend not to be big on opposing racist violence.
Gove too right wing for you? Try this article from the left-liberal David Aaronovitch in the same paper, which I quoted in this Samizdata post and unapologetically quote again:
Which brings me to the most important thing being considered by Ms Bradley. It goes by the tedious name of Section 40 of the Crime and Courts Act 2013 and is something that can be invoked, or not, by the government. It is, in essence, the stick that could be used to get newspapers and publications to sign up to the new state-approved press regulator, Impress.
What it says is that any publication not agreeing to be regulated by Impress will be subject to the costs of a legal action — even where it wins. Really. That’s what it says. Call the next Lance Armstrong a drugs cheat and even if he loses the case it will cost you hundreds of thousands. Well, no one in those circumstances would take the risk of running the story. These are not days in which newspapers make much if any money and the fastest way to bankruptcy would be to fall foul of Section 40.
Perhaps you are inclined to oppose the views of anyone writing for one of the Murdoch papers? Then read this piece and this follow-up from Roy Greenslade in the Guardian. There is no paywall at the G, so I will just link rather than quote any more than this:
In so doing, its [the lobby group Hacked Off] ideologues have placed their faith in the political establishment. They believe the charter is safe in the hands of MPs and peers and that the conditions that might lead to it being altered are highly unlikely.
But my lack of respect for what they call the media establishment (which, incidentally, is itself a mythical construct) is nothing like as great as my lack of respect for the so-called political establishment.
Added later: The Daily Mirror is another left wing paper opposing this measure: Do you want to gag the truth? Why new law will silence the free press.
One last point. Quite apart from the danger to the freedom of the press, Section 40 would also set a precedent for using the attribution of court costs as a political instrument to apply pressure on bodies and individuals to do the government’s will. That corrupts the justice system itself.