An Inquiry into the Culture, Practices and Ethics of the Press · 2012

Notes not linked in the text

Notes not linked in the text

These notes appear in the source but the pipeline could not place their reference in the body. They are listed here so nothing is lost.

  1. 4 figures rounded to the nearest whole number
  2. 7 PCC code, http://www.pcc.org.uk/cop/practice.html
  3. 9 2002 daily figures from http://media.guardian.co.uk/presspublishing/tables/0,,811748,00.html; 2002 Sunday figures from http://media.guardian.co.uk/presspublishing/tables/0,,811755,00.html; 2012 figures from http://www.pressgazette.co.uk/abcs-three-national-dailies-increase-circulation-september
  4. 27 January 1981 – Mr Biffen's decision and debate in Parliament 1.31 An Emergency Debate was held in the House of Commons on 27 January 1981 to discuss a reference of the transfer to the MMC. Contrary to the hopes expressed in Cabinet the previous day, the Opposition pressed vigorously for a reference. The Rt Hon John Smith MP pointed first to the concentration of newspaper power which would result from the transfer, describing it as: "probably unique and unprecedented in our history";27 second, to the special place of The Times and The Financial Times in national life; and third to the mechanism for scrutiny afforded under the Fair Trading Act 1973. As to that Act, he contended that The Sunday Times was economic as a going concern. The undertakings given by Mr Murdoch, he argued, removed rather than strengthened existing safeguards. 1.32 The financial issue was contested by Mr Biffen, who insisted that he had to look at the issue under the existing ownership and under present conditions. He was supported in his approach by the Rt Hon Peter Emery MP, who had been the Minister responsible for getting the Act onto the statute book.28 Mr Biffen also made clear his view that there was a real possibility of closure if he chose to refer the matter to the MMC, pointing out that he had no power to compel the MMC to produce a report to an abridged timetable. He concluded:29 "After earnest consideration, and to avoid disruption and uncertainty, I have concluded that I should give my consent forthwith, and without a Monopolies and Mergers Commission investigation, to the transfer of Times Newspapers to News International, subject to certain conditions." 1.33 The eight conditions referred to were firmly entrenched. Those relating to editorial independence were incorporated into the articles of association of the relevant companies. Any change to them required the Secretary of State's consent. All of the conditions, if breached, were potentially the subject of criminal proceedings and a custodial sentence. Sections 62(2) and 62(3) of the Fair Trading Act 1973 provided:30 "(2) Where ...the consent of the Secretary of State is given to a transfer of a newspaper or of newspaper assets, but is given subject to one or more conditions, any person who is knowingly concerned in, or privy to, a breach of that condition, or of any of those conditions, as the case may be shall be guilty of an offence". "(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both". 1.34 George Gardiner MP described the conditions in the debate as being: "...as stringent as any that could conceivably arise from an investigation by the Monopolies and Mergers Commission".31 At the end of the debate, Mr Biffen quoted Sir Harold Evans who had said earlier in the I day that: "No Editor or Journalist could ask for wider guarantees of editorial independence on news and policy than those Mr Murdoch has accepted and which are not entrenched by the Secretary of State".32 It is right, of course, to point out, as Sir Harold did when he gave HC Hansard, 27 January 1981, vol 997 cols 780-826, http://hansard.millbanksystems.com/commons/1981/jan/27/ times-newspapers
  5. 28 p16, Rupert Murdoch, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/Exhibit-KRM-12.pdf
  6. 29 p6, ibid
  7. 30 http://www.legislation.gov.uk/ukpga/1973/41
  8. 31 p13, ibid
  9. 32 p23, ibid
  10. 74 p102, lines 13-18, Lord Black, ibid
  11. 84 para 5.1
  12. 85 p26, para 49, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Submission-by-Lord-Black-of- Brentwood1.pdf
  13. 118 p49, lines 10-16, Paul McMullan, ibid
  14. 125 http://thefailedestate.blogspot.com.au/2012/03/freedom-from-press.html K
  15. 126 http://www.abc.net.au/news/2012-03-05/drum-wrap-media-inquiry/3869106
  16. 417 pp56-57, Rupert Murdoch, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/Exhibit-KRM-18.pdf