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16 November 2012 / Iain Goldrein
Issue: 7538 / Categories: Opinion , Media
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The Leveson conundrum

Is it possible to regulate the press but still uphold its freedom, asks Iain Goldrein QC

It is arguable that without Millie Dowler there would have been no inquiry into the culture, practice and ethics of the press. Given the context, the Leveson Inquiry has brought to bear a sharp focus as to the shortcomings of the press. Press regulation, however, cannot ignore the role played by a free press in policing the integrity of our society. If we focus unduly on the negatives, without factoring in sufficiently the positives, we are at risk of sublimating the good through a disproportionate pre-occupation with the bad. According to Mark Antony in Julius Caesar: “The evil that men do lives after them; the good is oft interred with their bones.”

We need to address the evil, but not at the expense of the good.

Primary issues regarding press regulation

The issues appear to be:

  • the independence of the regulatory body;
  • the independence of its membership;
  • finance;
  • disclosure;
  • ease of access by the consumer;
  • enforcement (so important, that there is an argument for putting
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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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