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| Ipso's ruling on the Sunday Mirror over Brooks Newmark sting is flawed | Ipso's ruling on the Sunday Mirror over Brooks Newmark sting is flawed |
| (about 5 hours later) | |
| The decision by the Independent Press Standards Organisation (Ipso) to clear the Sunday Mirror over the Brooks Newmark story comes six months after the MP’s resignation. | The decision by the Independent Press Standards Organisation (Ipso) to clear the Sunday Mirror over the Brooks Newmark story comes six months after the MP’s resignation. |
| It was unclear for some time whether the regulator, which was in its infancy, would deliver any verdict because Newmark did not make a complaint. | It was unclear for some time whether the regulator, which was in its infancy, would deliver any verdict because Newmark did not make a complaint. |
| Trinity Mirror was none too happy about Ipso launching an inquiry of its own volition. And we should remember that one of its then directors, Paul Vickers, had been one of Ipso’s major architects and was then chairman of its paymaster, the Regulatory Funding Company (RFC). (He has since been made redundant by the publisher and subsequently stood down from the RFC). | Trinity Mirror was none too happy about Ipso launching an inquiry of its own volition. And we should remember that one of its then directors, Paul Vickers, had been one of Ipso’s major architects and was then chairman of its paymaster, the Regulatory Funding Company (RFC). (He has since been made redundant by the publisher and subsequently stood down from the RFC). |
| Yet the Ipso chairman, Sir Alan Moses, having announced that the matter would be investigated, was determined not to back down. | Yet the Ipso chairman, Sir Alan Moses, having announced that the matter would be investigated, was determined not to back down. |
| After a period of shadow boxing between publisher and regulator about whether Ipso had the necessary powers to investigate, Trinity Mirror saw the wisdom of allowing it to go ahead by co-operating with the inquiry. | After a period of shadow boxing between publisher and regulator about whether Ipso had the necessary powers to investigate, Trinity Mirror saw the wisdom of allowing it to go ahead by co-operating with the inquiry. |
| All of this is positive. But, looking at the judgment itself, I am unconvinced that the paper should have been exonerated for the sting operation at the heart of the controversy. | All of this is positive. But, looking at the judgment itself, I am unconvinced that the paper should have been exonerated for the sting operation at the heart of the controversy. |
| At the time, Newmark was the minister for civil society and also the man charged by the Conservative party to ensure it selected more women candidates. | At the time, Newmark was the minister for civil society and also the man charged by the Conservative party to ensure it selected more women candidates. |
| In response to a Twitter account that he imagined had been set up by a woman, he sent her explicit photos of himself. In fact, the woman was Alex Wickham, a reporter who works on the Guido Fawkes blog. | In response to a Twitter account that he imagined had been set up by a woman, he sent her explicit photos of himself. In fact, the woman was Alex Wickham, a reporter who works on the Guido Fawkes blog. |
| He used a fake female nom de plume, Sophie Wittams - a “twentysomething Tory PR girl” - and followed a number of MPs, celebrities, political outlets and newspapers. Newmark fell into the trap by sending “|Sophie” a direct message that led to an exchange of explicit images. | He used a fake female nom de plume, Sophie Wittams - a “twentysomething Tory PR girl” - and followed a number of MPs, celebrities, political outlets and newspapers. Newmark fell into the trap by sending “|Sophie” a direct message that led to an exchange of explicit images. |
| Leaving aside the fact that Wickham stupidly used pictures of two real women, who rightly complained about the misuse of their images, what was at issue was the nature of his trawl. | Leaving aside the fact that Wickham stupidly used pictures of two real women, who rightly complained about the misuse of their images, what was at issue was the nature of his trawl. |
| Was the net cast wide in order to see who would respond - a so-called fishing expedition - or was Newmark always the sole target? | Was the net cast wide in order to see who would respond - a so-called fishing expedition - or was Newmark always the sole target? |
| Ipso, on the basis of its inquiries, decided that Wickham did have information that Newmark had approached other women on social media. Therefore, his use of subterfuge was necessary because there was no other way to prove that he had made such approaches. | Ipso, on the basis of its inquiries, decided that Wickham did have information that Newmark had approached other women on social media. Therefore, his use of subterfuge was necessary because there was no other way to prove that he had made such approaches. |
| But here’s the thing. Ipso did not interview or communicate in any way with Wickham. It was therefore unable to test his claim that he was not indulging in a fishing expedition (which would have placed him in breach of the editors’ code of practice). | But here’s the thing. Ipso did not interview or communicate in any way with Wickham. It was therefore unable to test his claim that he was not indulging in a fishing expedition (which would have placed him in breach of the editors’ code of practice). |
| Instead, Ipso relied entirely on evidence provided by the Sunday Mirror on the understanding that it was responsible for the publication and the story’s provenance. | Instead, Ipso relied entirely on evidence provided by the Sunday Mirror on the understanding that it was responsible for the publication and the story’s provenance. |
| The paper had accepted Wickham’s claim that he had prior knowledge of Newmark’s activities. It is relevant at this point to note, as Ipso does not, that other newspapers approached with the story by Wickham, including the Sun and Mail on Sunday, rejected the chance to publish. | The paper had accepted Wickham’s claim that he had prior knowledge of Newmark’s activities. It is relevant at this point to note, as Ipso does not, that other newspapers approached with the story by Wickham, including the Sun and Mail on Sunday, rejected the chance to publish. |
| Again, those newspapers were not asked by Ipso’s complaints committee to explain why they turned down the story. I am aware of the reasons that Wickham was turned away by the Sun and I believe Ipso should have made an effort to discover them. | Again, those newspapers were not asked by Ipso’s complaints committee to explain why they turned down the story. I am aware of the reasons that Wickham was turned away by the Sun and I believe Ipso should have made an effort to discover them. |
| These flaws raise significant questions about the thoroughness of an Ipso investigation that lasted half a year although I concede that it does not mean that Ipso reached the wrong verdict. | These flaws raise significant questions about the thoroughness of an Ipso investigation that lasted half a year although I concede that it does not mean that Ipso reached the wrong verdict. |
| There cannot be any doubt that Newmark was guilty of “serious impropriety” and that such impropriety contradicted his role as the promoter of Conservative women MPs. | There cannot be any doubt that Newmark was guilty of “serious impropriety” and that such impropriety contradicted his role as the promoter of Conservative women MPs. |
| But the central point at issue here is not whether the story turned out to be accurate and relevant, but whether the news-gathering methods were ethical. | But the central point at issue here is not whether the story turned out to be accurate and relevant, but whether the news-gathering methods were ethical. |
| The key to knowing whether or not it was justified to use a form of subterfuge in which a large net was used to hook a single fish lies in the issue of prior knowledge of previous impropriety by Newmark. | |
| How can Ipso be sure that was the case when the only man with such knowledge, Wickham, was not questioned? | How can Ipso be sure that was the case when the only man with such knowledge, Wickham, was not questioned? |
| There is another matter too. When the Sunday Mirror presented evidence of exchanges between “Sophie” and Newmark, some of the material was redacted, supposedly “to protect Newmark’s privacy”. | There is another matter too. When the Sunday Mirror presented evidence of exchanges between “Sophie” and Newmark, some of the material was redacted, supposedly “to protect Newmark’s privacy”. |
| That is astonishing. How can that be justified? Did Newmark’s privacy need protecting from the press regulator’s members? Surely not. Trinity Mirror were wrong to hold back information, and Ipso was right to question its decision to do so. | That is astonishing. How can that be justified? Did Newmark’s privacy need protecting from the press regulator’s members? Surely not. Trinity Mirror were wrong to hold back information, and Ipso was right to question its decision to do so. |
| That material could well have helped to cast more light on the nature of Wickham’s investigatory practices, which was obviously at the heart of this matter. | That material could well have helped to cast more light on the nature of Wickham’s investigatory practices, which was obviously at the heart of this matter. |
| Despite that omission, the regulator said it had sufficient information to reach its conclusions. Again, I’m not convinced. | Despite that omission, the regulator said it had sufficient information to reach its conclusions. Again, I’m not convinced. |
| All that having been said, there is no doubt that Ipso’s chairman was right to have stuck to his guns by conducting an investigation into the story on a pro-active basis. | All that having been said, there is no doubt that Ipso’s chairman was right to have stuck to his guns by conducting an investigation into the story on a pro-active basis. |
| There are occasions when it is justified for a regulator to take up matters of clear public interest. And the resignation of a government minister because of a story resulting from subterfuge is surely one obvious example. | There are occasions when it is justified for a regulator to take up matters of clear public interest. And the resignation of a government minister because of a story resulting from subterfuge is surely one obvious example. |
| Moses will be unsurprised by criticism of Ipso’s decision. According to an interview he gave the Times, he predicted that it would receive some flak as well as plaudits. | Moses will be unsurprised by criticism of Ipso’s decision. According to an interview he gave the Times, he predicted that it would receive some flak as well as plaudits. |
| But, as I noted in reporting a lecture Moses gave recently at the London School of Economics, this is how it was for the Press Complaints Commission and how it will be for Ipso, and anyone, including me, who dares to take editors and journalists to task. | But, as I noted in reporting a lecture Moses gave recently at the London School of Economics, this is how it was for the Press Complaints Commission and how it will be for Ipso, and anyone, including me, who dares to take editors and journalists to task. |
| My criticism of Ipso over the Sunday Mirror sting is tempered by that reality. | My criticism of Ipso over the Sunday Mirror sting is tempered by that reality. |
| Full Ipso ruling | Full Ipso ruling |