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After Leveson: why the police and the press should never get too cosy After Leveson: why the police and the press should never get too cosy
(6 months later)
Today's extract from the book After Leveson* is by the former Guardian crime correspondent Duncan Campbell. He is also the author of If It Bleeds, a novel about crime reporting, and three non-fiction books on crime. Here he looks at the relationship between the police and the press…Today's extract from the book After Leveson* is by the former Guardian crime correspondent Duncan Campbell. He is also the author of If It Bleeds, a novel about crime reporting, and three non-fiction books on crime. Here he looks at the relationship between the police and the press…
Relations between the police and the media have always been fraught. That is how it should be. The dangers of too close a relationship are obvious.Relations between the police and the media have always been fraught. That is how it should be. The dangers of too close a relationship are obvious.
In the 1960s and early 70s, when the detective branch of Scotland Yard was riddled with corruption, the crime correspondents of the time missed the story in front of their noses.In the 1960s and early 70s, when the detective branch of Scotland Yard was riddled with corruption, the crime correspondents of the time missed the story in front of their noses.
That failure to nail corruption at the Yard in those dirty days was the disturbing downside of a cosy relationship between police and press. As the late editor of the Sunday Express, Sir John Junor, suggested, journalists are not corrupted by power or money but by friendship.That failure to nail corruption at the Yard in those dirty days was the disturbing downside of a cosy relationship between police and press. As the late editor of the Sunday Express, Sir John Junor, suggested, journalists are not corrupted by power or money but by friendship.
Now we have learned from the Leveson inquiry that a different form of "mutual advantage" came into play over the last decade or so, with the Metropolitan Police and News International intertwined far too closely.Now we have learned from the Leveson inquiry that a different form of "mutual advantage" came into play over the last decade or so, with the Metropolitan Police and News International intertwined far too closely.
Lord Justice Leveson was critical of the Metropolitan police's failure to pursue the phone hacking inquiry and "the incredibly swift dismissal of the allegations in The Guardian article" and also the relationship between the former assistant commissioner, John Yates, and Neil Wallis (then deputy editor of the News of the World).Lord Justice Leveson was critical of the Metropolitan police's failure to pursue the phone hacking inquiry and "the incredibly swift dismissal of the allegations in The Guardian article" and also the relationship between the former assistant commissioner, John Yates, and Neil Wallis (then deputy editor of the News of the World).
Even the Met appeared to have accepted that this was the case. Their counsel, Neil Garnham QC, said, in his closing statement to the inquiry: "We frankly admit that there have been incidents which have led to a plain perception of cosiness between particular senior Metropolitan police service officers and particular journalists [and we] also acknowledge that the decisions in July 2009 and September 2010 not to reopen the phone-hacking investigation were taken too quickly and with a defensive and closed mindset."Even the Met appeared to have accepted that this was the case. Their counsel, Neil Garnham QC, said, in his closing statement to the inquiry: "We frankly admit that there have been incidents which have led to a plain perception of cosiness between particular senior Metropolitan police service officers and particular journalists [and we] also acknowledge that the decisions in July 2009 and September 2010 not to reopen the phone-hacking investigation were taken too quickly and with a defensive and closed mindset."
Recording contacts will have a chilling effectRecording contacts will have a chilling effect
So the police must have been relieved that Leveson's conclusion was that "the issue is about perception more than integrity." The police must feel they have been let off with a conditional discharge.So the police must have been relieved that Leveson's conclusion was that "the issue is about perception more than integrity." The police must feel they have been let off with a conditional discharge.
Leveson was, of course, right to warn the police – and the Met in particular – against favouring particular media organisations and also right to advise officers against accepting plum jobs in the media once they have retired from the service for at least a year.Leveson was, of course, right to warn the police – and the Met in particular – against favouring particular media organisations and also right to advise officers against accepting plum jobs in the media once they have retired from the service for at least a year.
But the judge has also called for records to be kept of meetings between senior police officers and the media; for police whistleblowers concerned about malpractice within the service not to go to the media but to an independent body; for "off the record briefings" to be replaced by "non-reportable briefings"; and for caution to be used in accepting hospitality from journalists.But the judge has also called for records to be kept of meetings between senior police officers and the media; for police whistleblowers concerned about malpractice within the service not to go to the media but to an independent body; for "off the record briefings" to be replaced by "non-reportable briefings"; and for caution to be used in accepting hospitality from journalists.
Now, if every contact between senior police officers and journalists were indeed to be noted and recorded, it would have a dangerously chilling effect on the news. And what if a detective is aware of corruption or malpractice among his or her superiors and wants to tell a journalist about it?Now, if every contact between senior police officers and journalists were indeed to be noted and recorded, it would have a dangerously chilling effect on the news. And what if a detective is aware of corruption or malpractice among his or her superiors and wants to tell a journalist about it?
Leveson suggests that they should not contact the media any more but seek out "confidential avenues in which they have faith." The police duly welcomed this recommendation that officers should not act as whistleblowers.Leveson suggests that they should not contact the media any more but seek out "confidential avenues in which they have faith." The police duly welcomed this recommendation that officers should not act as whistleblowers.
Andy Trotter, chief constable of the British Transport Police who responded to the report on behalf of the Association of Chief Police Officers, applauded Leveson for warning against such action. "Most whistle blowing is internal gossip and attempts to embarrass others in the organisation," he told The Guardian's Vikram Dodd.Andy Trotter, chief constable of the British Transport Police who responded to the report on behalf of the Association of Chief Police Officers, applauded Leveson for warning against such action. "Most whistle blowing is internal gossip and attempts to embarrass others in the organisation," he told The Guardian's Vikram Dodd.
But when The Guardian reported on a major corruption investigation into Stoke Newington police in the 90s – which led to the Police Federation's unsuccessful libel action against the paper on behalf of five officers – some of the initial information came from serving Metropolitan police officers who were disturbed about what was happening at the station.But when The Guardian reported on a major corruption investigation into Stoke Newington police in the 90s – which led to the Police Federation's unsuccessful libel action against the paper on behalf of five officers – some of the initial information came from serving Metropolitan police officers who were disturbed about what was happening at the station.
Drinking with the media may be 'inappropriate'Drinking with the media may be 'inappropriate'
Would any officer now risk talking to a journalist about this? And would they really be confident about calling a proposed hotline instead? In fact, the big chill on relations between police and journalists had already started some months before the Leveson report was completed.Would any officer now risk talking to a journalist about this? And would they really be confident about calling a proposed hotline instead? In fact, the big chill on relations between police and journalists had already started some months before the Leveson report was completed.
In the wake of the initial revelations about phone-hacking, Dame Elizabeth Filkin produced a report, The ethical issues arising from relations between the police and the media, for the home secretary and the then Met commissioner, Sir Paul Stephenson.In the wake of the initial revelations about phone-hacking, Dame Elizabeth Filkin produced a report, The ethical issues arising from relations between the police and the media, for the home secretary and the then Met commissioner, Sir Paul Stephenson.
Her report, published in 2012, suggested that officers watch out for "late-night carousing, long sessions, yet another bottle of wine at lunch – these are all long-standing media tactics to get you to spill the beans. Avoid."Her report, published in 2012, suggested that officers watch out for "late-night carousing, long sessions, yet another bottle of wine at lunch – these are all long-standing media tactics to get you to spill the beans. Avoid."
The Leveson report echoed Filkin's conclusion that "mixing the media with alcohol is not banned but should be an uncommon event." She suggested that drinking with officers "may be seen as inappropriate hospitality". Officers should be encouraged to keep a note of any conversation they have with journalists.The Leveson report echoed Filkin's conclusion that "mixing the media with alcohol is not banned but should be an uncommon event." She suggested that drinking with officers "may be seen as inappropriate hospitality". Officers should be encouraged to keep a note of any conversation they have with journalists.
The Filkin report received a warm welcome from the incoming Met commissioner, Sir Bernard Hogan-Howe. "There should be no more secret conversations," he said at the time of its publication.The Filkin report received a warm welcome from the incoming Met commissioner, Sir Bernard Hogan-Howe. "There should be no more secret conversations," he said at the time of its publication.
"There should be no more improper contact and by that what I mean is between the police and the media – that which is of a selfish, rather than a public interest. Meetings will no longer be enhanced by hospitality and alcohol. It doesn't mean to say there will never be an occasion when we take hospitality with journalists, but on the whole, we wouldn't expect to see it.""There should be no more improper contact and by that what I mean is between the police and the media – that which is of a selfish, rather than a public interest. Meetings will no longer be enhanced by hospitality and alcohol. It doesn't mean to say there will never be an occasion when we take hospitality with journalists, but on the whole, we wouldn't expect to see it."
The worry over both the Leveson conclusions and the Filkin report is that officers who would once have had a quiet off-the-record chat at a crime scene, a coffee after a press conference or a couple of explanatory words outside a court will now button their lips.The worry over both the Leveson conclusions and the Filkin report is that officers who would once have had a quiet off-the-record chat at a crime scene, a coffee after a press conference or a couple of explanatory words outside a court will now button their lips.
This is the price we will be paying for the coppers who pocketed a few quid for tipping off the press about a celebrity and for parts of the Met being too close to the Murdoch empire.This is the price we will be paying for the coppers who pocketed a few quid for tipping off the press about a celebrity and for parts of the Met being too close to the Murdoch empire.
How police use the media during investigationsHow police use the media during investigations
Detectives occasionally use the media as part of their investigations. When the police have deep suspicions about someone but no clinching evidence, they may leak a detail to a newspaper, having installed a bug, which can be authorised by a judge, in the home of the suspect.Detectives occasionally use the media as part of their investigations. When the police have deep suspicions about someone but no clinching evidence, they may leak a detail to a newspaper, having installed a bug, which can be authorised by a judge, in the home of the suspect.
They will then listen to see whether the news item has prompted a nervous phone-call from the suspect or an incriminating in-house conversation.They will then listen to see whether the news item has prompted a nervous phone-call from the suspect or an incriminating in-house conversation.
Have police officers often sold stories to reporters? Of course. Many a well-known person who has contacted the emergency services over a tragedy or alarming incident has been surprised to discover that their call will presage the arrival not only of the police and the ambulance service but a member of the tabloid press.Have police officers often sold stories to reporters? Of course. Many a well-known person who has contacted the emergency services over a tragedy or alarming incident has been surprised to discover that their call will presage the arrival not only of the police and the ambulance service but a member of the tabloid press.
Often the contact with the media will not have been made directly by police but through a conduit. This may well be a former – and perhaps disgraced – officer who has found a new role for himself as the link between a newspaper with money for stories and police officers happy to take a few hundred pounds for anything from a bit of celebrity tittle-tattle to a real scoop.Often the contact with the media will not have been made directly by police but through a conduit. This may well be a former – and perhaps disgraced – officer who has found a new role for himself as the link between a newspaper with money for stories and police officers happy to take a few hundred pounds for anything from a bit of celebrity tittle-tattle to a real scoop.
The point is that it has always been against the law for the police to take money for information and it has always been against the law for them to leak damaging information that disrupts an investigation or prejudices a trial.The point is that it has always been against the law for the police to take money for information and it has always been against the law for them to leak damaging information that disrupts an investigation or prejudices a trial.
Currently, the official channel for information between the police and the media lies in the hands of the media offices attached to the various forces.Currently, the official channel for information between the police and the media lies in the hands of the media offices attached to the various forces.
As both the Leveson and the Filkin inquiries have found, some newspapers were favoured over others in terms of stories made available by the Met police. No surprise there, perhaps, that papers seen as uncritically pro-police should be rewarded with special favours, while those seen as sceptical or hostile should be kept at arm's length.As both the Leveson and the Filkin inquiries have found, some newspapers were favoured over others in terms of stories made available by the Met police. No surprise there, perhaps, that papers seen as uncritically pro-police should be rewarded with special favours, while those seen as sceptical or hostile should be kept at arm's length.
Smaller forces doubtless seek favourable coverage from their local press, television and radio stations by giving them advance notice on stories or special access. But too often a reporter seeking official information from the police is dependent on the ability and accessibility of the press officer concerned.Smaller forces doubtless seek favourable coverage from their local press, television and radio stations by giving them advance notice on stories or special access. But too often a reporter seeking official information from the police is dependent on the ability and accessibility of the press officer concerned.
Some police media officers around the country are helpful, pro-active and smart; others are lazy, obstructive and thick and seem to take a real pleasure in explaining that they can provide no information.Some police media officers around the country are helpful, pro-active and smart; others are lazy, obstructive and thick and seem to take a real pleasure in explaining that they can provide no information.
How to rectify that if police officers are to be discouraged from engaging with the media or even talking to them?How to rectify that if police officers are to be discouraged from engaging with the media or even talking to them?
Perhaps the greatest achievement of the Leveson inquiry was to shine a light into the darker corners of police-media relations, regardless of what the conclusions were or which recommendations may ever be adopted.Perhaps the greatest achievement of the Leveson inquiry was to shine a light into the darker corners of police-media relations, regardless of what the conclusions were or which recommendations may ever be adopted.
Now what happens? When the former Met commissioner Sir Robert Mark issued police-media guidelines 40 years ago, he was most concerned about the level of corruption at the Met and said that his aim was to "make virtue fashionable."Now what happens? When the former Met commissioner Sir Robert Mark issued police-media guidelines 40 years ago, he was most concerned about the level of corruption at the Met and said that his aim was to "make virtue fashionable."
Not a bad motto for police officers and journalists alike on the rocky road ahead.Not a bad motto for police officers and journalists alike on the rocky road ahead.
*After Leveson? The future for British journalism, edited by John Mair, is published by Abramis. Available at a special Media Guardian price of £15 from richard@arimapublishing.co.uk*After Leveson? The future for British journalism, edited by John Mair, is published by Abramis. Available at a special Media Guardian price of £15 from richard@arimapublishing.co.uk
On Monday: Natalie Peck considers just what Lord Justice Leveson understood by privacyOn Monday: Natalie Peck considers just what Lord Justice Leveson understood by privacy
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