Section 40 of the Crime and Courts Act 2013
Section 40 of the Crime and Courts Act 2013

I believe that our British media should be held to much higher standards and that they repeatedly fall below those we should expect of them.

Part One of the Leveson Inquiry recommended the creation of an independent press regulator to maintain standards. Section 40 of the Crime and Courts Act 2013 was designed to encourage publishers to sign up to an approved regulator.

Under this provision, publishers not under the regulator would have to pay the legal cost of both sides of a case taken against them, regardless of whether they won. However, many newspapers and publishers have instead opted for oversight from the Independent Press Standards Organisation, known as IPSO, which has not been formally recognised.

The Government’s Media Bill intends to repeal section 40, as the Government argues that it stifles freedom of speech. It is important to note that section 40 has never been enacted.

The Media Bill recently received its Second Reading in the House of Commons on 21 November 2023. I welcome this Bill, as I believe it is long overdue. Since the last time changes were enacted for our Public Service Broadcasters in 2003, the landscape has transformed dramatically. This decades-old legislation that currently supports our broadcasting industry is now out of date.

However, we must work hard through the passage of the Bill to find an alternative to section 40 and ensure we replace it with an appropriate form of regulation.

 

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