3pm Friday is the deadline for amendments to be submitted to the Crime and Courts Bill, which is in the Lords on Monday. The clauses being considered include those for various parts of the Leveson “deal” (Of course, given this isn’t statutory regulation of the press we may well be imagining it.)
Let us be clear – the manner in which this has been brought to bear, in 2am meetings with lobbyists, no civil society input, rushed drafting and ill-considered consequences should not be the way to make law. Indeed, we cannot think of a worse way to make law.
Yesterday we became aware of a meeting, organised by Hacked Off, to discuss bloggers concerns. We, like Index on Censorship, did not receive an invitation but after we asked to attend we were allowed in. We made clear that this law has been rushed and should, at worst, be delayed so the drafting could be properly thought through. Hacked Off “have no position” on this – make of that what you may.
Below is the clause of “relevant publishers” that the Lords will/may vote to accept on Monday. Big Brother Watch’s website, like a host of other campaign organisations and non-news media, will be caught up.
If you know a friendly peer, let us know!
“Meaning of “relevant publisher”
(1) In sections (Awards of exemplary damages) to (Awards of costs), “relevant
publisher” means a person who, in the course of a business (whether or not
carried on with a view to profit), publishes news-related material—
(a) which is written by different authors, and
(b) which is to any extent subject to editorial control.
This is subject to subsections (5) and (6).
(2) News-related material is “subject to editorial control” if there is a person
(whether or not the publisher of the material) who has editorial or
equivalent responsibility for—
(a) the content of the material,
(b) how the material is to be presented, and
(c) the decision to publish it.
(3) A person who is the operator of a website is not to be taken as having
editorial or equivalent responsibility for the decision to publish any
material on the site, or for content of the material, if the person did not post
the material on the site.
(4) The fact that the operator of the website may moderate statements posted
on it by others does not matter for the purposes of subsection (3).
(5) A person is not a “relevant publisher” if the person is specified by name in
Schedule (Exclusions from definition of “relevant publisher”).
(6) A person is not a “relevant publisher” in so far as the person’s publication
of news-related material is in a capacity or case of a description specified in
Schedule
(Exclusions from definition of “relevant publisher”).”
Special interest titles
4 A person who publishes a title that—
(a) relates to a particular pastime, hobby, trade, business, industry
or profession, and
(b) only contains news-related material on an incidental basis that is
relevant to the main content of the title.
Scientific or academic journals
5 A person who publishes a scientific or academic journal that only
contains news-related material on an incidental basis that is relevant to
the scientific or academic content.
Public bodies and charities
6 (1) A public body or charity that publishes news-related material in
connection with the carrying out of its functions.
(2) “Public body” means a person or body whose functions are of a public
nature.
Company news publications etc
7 A person who publishes a newsletter, circular or other document
which—
(a) relates to a business carried on by the person, and
(b) only contains news-related material on an incidental basis that is
relevant to the person’s business.
Book publishers
8 (1) A person who is the publisher of a book.
(2) “Book” does not include any title published on a periodic basis with
substantially different content.”
