View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Archive content
June 13, 2002updated 17 May 2007 11:30am

More opposition to witness law

By Press Gazette

Rasaiah: "no prior discussion"

The Newspaper Society is the latest press group to declare its opposition to the Lord Chancellor’s proposals to make it a criminal offence for journalists to make payments to witnesses in court cases.

It has joined the Press Complaints Commission and the Society of Editors in condemning the proposed law, which could see journalists jailed for up to two years and face unlimited fines.

Santha Rasaiah, the Newspaper Society’s political, editorial and regulatory affairs director, warns that although regional newspapers are not involved in making payments to witnesses in high-profile court cases, a new law designed to stop the practice could have a big impact on local press reporting.

She says in the society’s response to the proposals: "The creation of the new offences could unnecessarily penalise uncontroversial conduct.

"Media reports of many incidents, accidents, disasters, riots, and media investigations that call into question the conduct of public services, professions, professionals and local companies, could all involve conduct that requires journalistic contact with people who are potential witnesses, including victims."

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

The society says the Government has failed to show the existence of any problems connected to media payments to witnesses that present a threat to the administration of justice.

It also claims the Government has failed to show that press self-regulation has been unresponsive or ineffective.

The society also opposes new controls for changes to the Prosecution of Offences Act 1985 to empower trial judges to make costs orders against third parties and for curbs on lawful pre-trial publicity.

It says the new controls were announced in a press release accompanying the Lord Chancellor’s proposals without any offer of consultation. Rasaiah says: "We are concerned that such proposals should be put forward in a press release with no further explanation or prior discussion." On pre-trial publicity, the society says it has already made clear its opposition to any new controls.

"Regional newspaper editors and journalists, with the assistance of their legal advisers, daily negotiate the law of contempt, court reporting restrictions and libel in reporting incidents that give rise to legal proceedings as well as the legal proceedings themselves.

"The Code of Practice upheld by the PCC stipulates further requirements that apply to reports of crime, criminal investigations and trials. Few media reports occasion any complaints and still fewer result in any findings adverse to the media.

"No evidence has been produced to justify either new legislation or new self-regulatory controls upon lawful publication." The society also says it opposes the proposal to empower courts to order a third party to pay costs which his or her unnecessary or improper act has caused a party or parties to incur.

Jon Slattery

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