IPSO, what’s the difference?

IPSO – the Independent Press Standards Organisation – took over from the Press Complaints Commission today.

How we got here is a matter of record, featuring the phone-hacking scandal; the Leveson Inquiry; prosecutions past, and more to come.

You will find plenty of critics of both IPSO, and the alternative Royal Charter regulation elsewhere. What I will talk about here is the practical impact the new regulator will have on those who have signed up for it.

Firstly, for reporters, the important thing to know is that the Editors’ Code of Practice remains the code of ethical conduct that governs your work. You need to know the code and how it is applied. Importantly, you must adhere to the ‘spirit’ of the code, and to understand this you must make it your business to know how the code has been applied.

It is as important to know your way around the code as it is to understand libel, shorthand, or how to write a decent intro – it is a basic tool of your trade.

In this sense then, not a lot has changed, the code remains the same.

What has changed is the way in which complaints under it are going to be handled. This is a matter that editors, deputies, senior managers and newsdesk execs need to concern themselves with.

From now on, how you handle a complaint is going to be crucial because in some instance you do not have the backstop of the PCC mediating for you.

If IPSO receives a complaint about a story, in the first instance it will refer the complainant to the publication’s complaints handling procedures.

Publishers therefore must have effective procedures in place to handle such complaints.

Staff need to know what to do with a complaint. It must be logged properly, reported to line managers, and dependent on the nature of the complaints elevated to the managers who are able to resolve it properly.

Some complaints, requiring perhaps a simple correction, can be dealt with by a reporter and newsdesk. Other more serious complaints will need the intervention of the editor. You need procedures in place to determine which is which and to act accordingly. All this needs to be done in 28 days.

If the complaint is not resolved in that time, that is what IPSO gets involved.

If the matter has to go to IPSO because of failures in the complaints-handling processes of the publication, that is when they need to be worried.

If they are suspected of a systemic failing to uphold standards, then IPSO can come in to investigate. This could mean interviewing staff, looking at notes and other records and demanding access to newspaper systems. It could be a very uncomfortable process.

Following on from that, if such an investigation finds serious failings to uphold standards, there is the ultimate sanction of a financial penalty.

So, as I said, complaints handling is vital, as is note-keeping, recording of newsdesk advice and decisions; legal advice sought and given; and editorial involvement. There needs to be clear guidance given to all staff about the sort of issue that requires editorial clearance before any action is taken that might be a breach of the code.

No-one wants to be the first publication to fall foul of an IPSO adjudication. if you have not done so already, sort out your complaints procedures now.

And let’s be careful out there.

Are you ready for IPSO?

FROM September a new press regulator will begin operating in the UK, in the shape of IPSO.

IPSO will regulate much of the national and regional newspaper industry, with some notable exceptions, as well as the magazine sector. It will also regulate their associated websites.

Its birth is not without controversy, as it marks the industry’s rejection of the Government’s response to the Leveson Inquiry – a Royal Charter regulator. Hacked Off, the organisation representing victims of press abuses have dismissed IPSO as not Royal Charter compliant and the ‘PCC Mark 2.’

Nevertheless IPSO has appointed its new chairman, appeal court judge Sir Alan Moses, and is searching for a chief executive and members of its board.

For titles that have signed up to IPSO, despite criticisms levelled at it, there will be a very different and more exacting regime with which to comply.

Much will be familiar to titles that have signed up to IPSO. It will still use the Editors’ Code – although, as always, it can be revised as circumstance require.

It will also use the existing secretariat of the PCC, a wise move in my view as it is very efficient at responding to complainants, gathering information and putting together a file for adjudication. It takes 35 working days from complaint to adjudication at the moment, which is faster than any legal action you will ever be involved in.

IPSO, unlike the Press Complaints Commission, will be able to conduct investigations and, again, unlike its predecessor, it will be able to levy fines of up to £1m.

Such actions will only be taken where there has been a ‘systemic’ failure in regulation at a title – but what will this amount to and how is it to be avoided?

I am now running IPSO compliance training for publications that want to get ready for the new regulator.

The sessions include:

• Training staff on the Editors’ Code and its implementation with practical workshops to illustrate the latest complaints and decisions
• Training senior editorial executives in the Code and its implementation so that they can make sound decisions and give clear guidance to junior staff when tackling ethically difficult assignments
• A compliance audit to ensure the publications practices and reporting structures are robust, to avoid findings of systemic failure in regulation
• An optional service as an external independent arbitrator in disputes where internal resolution has failed to reach agreement

Publications will need to show IPSO that compliance with the Code is taken seriously and runs through their organisation from editor to junior reporter. Regular training that is independent of the title, and of IPSO itself, which I provide, can go a long way to doing that.

There are more details on the training courses page.

If you want your publication to be ready for IPSO, contact me now to discuss training at davidbanksmedialaw@gmail.com

The death of Lucy Meadows

IN the past couple of weeks there has been significant debate over the death of a teacher called Lucy Meadows.

Briefly, Lucy was a primary school teacher, who was transgender, she had previously been Nathan Upton. A letter was sent home to parents last year explaining that in the next term, he would return as Lucy.

This was picked up by local media, and then by national press and a number of articles were run on Lucy.

On March 19 Lucy was found dead. No-one else is being sought in connection with her death. Though there has yet to be a full inquest hearing, the speculation is that Lucy took her own life. Indeed, at the opening of the inquest reference was made to previous attempts Lucy made on her own life. No dates were given for those attempts.

The fact that Lucy’s death followed her exposure in local and national media has led to understandable speculation on the part that exposure may have played in her death. One article in particular, by Richard Littlejohn in the Daily Mail, has attracted particular disapproval. in his column he said, among other things, that not only was Lucy in the wrong body, she was in the wrong job.

There have been calls for his sacking, and a peaceful candlelit vigil outside the Mail’s offices to protest at that piece.

There are two areas on which I feel able to comment. Firstly the speculation about the part press coverage played in Lucy’s death. Secondly, whether journalists have any business knocking on the doors of people like Lucy Meadows.

Some people have been measured in their commentary on the first aspect. While deploring Littlejohn’s column and what they describe as the ‘monstering’ of Ms Meadows, they do not make a direct link between the press behaviour and coverage and her death, until more evidence is heard to establish such a link.

Others have been less circumspect and have made a far more direct causal link between the coverage -the Littlejohn column in particular – and her death.

I think the latter, though I understand their anger, are mistaken.

I have been a journalist for 25 years and have covered many, many inquests. One of the first things you realise when you are sent to cover a day of inquest hearings is how depressingly common suicide is. The other thing you quickly learn as a reporter seeking an answer for your story as to why someone killed themself, is how often it is not explained.

Many of those who take their own lives leave no note, and have not given any indication of an intention to kill themselves. Frequently notes left are equivocal and do not give any clear answers as to why the person too their own life. Almost invariably coroners do not read out notes at the inquest, rather they refer to them and simply say whether they show the deceased had formed an intention to take their own life.

The inquest into Lucy Meadows’ death might give us some answers as to show she died and if she did take her own life, why she may have done that. But it equally might not. Until that inquest it is probably wise to reserve judgement on the part, if any, played by press coverage in her death.

Secondly then, have newspapers and their reports got any business ‘doorknocking’ someone in Lucy Meadows’ position?

Fundamentally, yes.

Firstly, Lucy Meadows has a right to privacy, in what must be an intensely difficult time.

Secondly, as a teacher she holds a position where her actions are going to be scrutinised.

There is a balance to be struck between those two positions and the public interest has to be taken into account.

If a teacher is transgender, that might attract comment from parents, although in Lucy’s case any negative comment seems outweighed by the positive.

But, in my view, it is not wrong to ask the question of parents what they, and their children, think about this. If it is positive, report that. Avoiding the question surely perpetuates the idea that this is something to hide, which it isn’t.

As for Littlejohn’s column. I would like to know, from those who knew her, what Lucy’s thoughts were about it. Was it something she regarded as deeply upsetting, or did she ignore it, indeed, had she even read it? I’m not defending it, but I’m not going to blame her death in it without any evidence whatsoever, which some seem prepared to do.

I would also like to know the extent to which Ms Meadows was ‘monstered’. Was this a pack camped outside the school for days on end, or was it a solitary reporter or agency asking questions at the school gate? I would like to know numbers and duration before I accept that it was a ‘monstering.’

Even those who stop short of blaming Littlejohn for Ms Meadow’s death will say, “We’ll it can’t have helped.” How do they know? They are assigning an effect to the column which is up supposition.

Those calling for Littlejohn to be sacked need to be careful that they do not use a tragic death as a means to attack a paper and writer they don’t like.

I don’t share Littlejohn’s views on transgender people, or pretty much any other minority that features in his columns, but I’m uncomfortable calling for someone to be sacked because they write something I disagree with. Freedom of expression is uncomfortable at times, but it must protect those who express views that we vehemently disagree with, or it’s not a right.

So, for what they are worth, those are my thoughts. If the press coverage did play a part in Ms Meadows’ death then perhaps we as an industry need to look harder at how we cover this issue and those it affects.