Public Inquiry Recommendations

L1 Accepted in Part

Leveson Inquiry (2012)

Independent Board Governance

An independent self regulatory body should be governed by an independent Board. In order to ensure the independence of the body, the Chair and members of the Board must be …

- The Prime Minister stated on 29 November 2012 that he accepted the principles Lord Justice Leveson laid out for independent self-regulation, including an independent …

L2 Accepted in Part

Leveson Inquiry (2012)

Chair Appointment Panel

The appointment of the Chair of the Board should be made by an appointment panel. The selection of that panel must itself be conducted in an appropriately independent way and …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of independent appointments for press self-regulation (Oral Statement to Parliament, Prime …

L3 Accepted in Part

Leveson Inquiry (2012)

Appointment Panel Composition

The appointment panel: (a) should be appointed in an independent, fair and open way; (b) should contain a substantial majority of members who are demonstrably independent of the press; (c) …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including independent appointments (Oral Statement to Parliament, Prime …

L4 Accepted in Part

Leveson Inquiry (2012)

Board Appointment Independence

The appointment of the Board should also be an independent process, and the composition of the Board should include people with relevant expertise. The requirement for independence means that there …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of an independent board with no serving editors (Oral Statement to …

L5 Accepted in Part

Leveson Inquiry (2012)

Board Member Composition

The members of the Board should be appointed by the same appointment panel that appoints the Chair, together with the Chair (once appointed), and should: (a) be appointed by a …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L6 Accepted in Part

Leveson Inquiry (2012)

Funding Settlement

Funding for the system should be settled in agreement between the industry and the Board, taking into account the cost of fulfilling the obligations of the regulator and the commercial …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including adequate funding (Oral Statement to Parliament, Prime …

L7 Accepted in Part

Leveson Inquiry (2012)

Standards Code Responsibility

The standards code must ultimately be the responsibility of, and adopted by, the Board, advised by a Code Committee which may comprise both independent members of the Board and serving …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of a standards code (Oral Statement to Parliament, Prime Minister's Office, …

L8 Accepted in Part

Leveson Inquiry (2012)

Code Content Requirements

The code must take into account the importance of freedom of speech, the interests of the public (including the public interest in detecting or exposing crime or serous impropriety, protecting …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of a standards code covering privacy, accuracy, and the public interest …

L9 Accepted in Part

Leveson Inquiry (2012)

Internal Governance Processes

The Board should require, of those who subscribe, appropriate internal governance processes, transparency on what governance processes they have in place, and notice of any failures in compliance, together with …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including internal governance requirements (Oral Statement to Parliament, …

L10 Accepted in Part

Leveson Inquiry (2012)

Complaint Handling Mechanism

The Board should require all those who subscribe to have an adequate and speedy complaint handling mechanism; it should encourage those who wish to complain to do so through that …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including complaint handling (Oral Statement to Parliament, Prime …

L11 Accepted in Part

Leveson Inquiry (2012)

Power to Hear Complaints

The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including complaints adjudication (Oral Statement to Parliament, Prime …

L12 Accepted in Part

Leveson Inquiry (2012)

Complaint Decision Responsibility

Decisions on complaints should be the ultimate responsibility of the Board, advised by complaints handling officials to whom appropriate delegations may be made.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L13 Accepted in Part

Leveson Inquiry (2012)

Complaints Committee Composition

Serving editors should not be members of any Committee advising the Board on complaints and any such Committee should have a composition broadly reflecting that of the main Board, with …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L14 Accepted in Part

Leveson Inquiry (2012)

Free Complaints Process

It should continue to be the case that complainants are able to bring complaints free of charge.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L15 Accepted in Part

Leveson Inquiry (2012)

Power to Direct Remedies

In relation to complaints, the Board should have the power to direct appropriate remedial action for breach of standards and the publication of corrections and apologies. Although remedies are essentially …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including remedial powers (Oral Statement to Parliament, Prime …

L16 Accepted in Part

Leveson Inquiry (2012)

Apology Placement Power

The power to direct the nature, extent and placement of apologies should lie with the Board.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L17 Accepted in Part

Leveson Inquiry (2012)

No Prior Restraint Power

The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including protection of press freedom (Oral Statement to …

L18 Accepted in Part

Leveson Inquiry (2012)

Investigation Powers

The Board, being an independent self-regulatory body, should have authority to examine issues on its own initiative and have sufficient powers to carry out investigations both into suspected serious or …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including own-initiative investigations (Oral Statement to Parliament, Prime …

L19 Accepted in Part

Leveson Inquiry (2012)

Financial Sanctions Power

The Board should have the power to impose appropriate and proportionate sanctions, (including financial sanctions up to 1% of turnover with a maximum of £1m), on any subscriber found to …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including financial sanctions (Oral Statement to Parliament, Prime …

L20 Accepted in Part

Leveson Inquiry (2012)

Compliance Record Keeping

The Board should have both the power and a duty to ensure that all breaches of the standards code that it considers are recorded as such and that proper data …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including record-keeping (Oral Statement to Parliament, Prime Minister's …

L21 Accepted in Part

Leveson Inquiry (2012)

Annual Report Requirements

The Board should publish an Annual Report identifying: (a) the body's subscribers, identifying any significant changes in subscriber numbers; (b) the number of complaints it has handled and the outcomes …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including annual reporting (Oral Statement to Parliament, Prime …

L22 Accepted in Part

Leveson Inquiry (2012)

Arbitration Service

The Board should provide an arbitral process in relation to civil legal claims against subscribers, drawing on independent legal experts of high reputation and ability on a cost-only basis to …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including an arbitration service (Oral Statement to Parliament, …

L23 Accepted in Part

Leveson Inquiry (2012)

Coverage of News Publishers

A new system of regulation should not be considered sufficiently effective if it does not cover all significant news publishers.

- The Prime Minister stated on 29 November 2012 that he accepted the principle that regulation should cover all significant news publishers (Oral Statement to …

L24 Accepted in Part

Leveson Inquiry (2012)

Open Membership Terms

The membership of a regulatory body should be open to all publishers on fair, reasonable and non-discriminatory terms, including making membership potentially available on different terms for different types of …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including open membership (Oral Statement to Parliament, Prime …

L25 Not Accepted

Leveson Inquiry (2012)

ICO and Regulatory Membership

In any reconsideration of the powers of the Information Commissioner (or replacement body), power should be given to that body to determine that membership of a satisfactory regulatory body, which …

- Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive for publishers to join a recognised regulatory body, …

L26 Not Accepted

Leveson Inquiry (2012)

Arbitration and Costs

It should be open any subscriber to a recognised regulatory body to rely on the fact of such membership and on the opportunity it provides for the claimant to use …

- Section 40 of the Crime and Courts Act 2013 would have allowed courts to consider regulatory membership when awarding costs in privacy and defamation …

L27 Accepted in Part

Leveson Inquiry (2012)

Legislative Recognition Requirements

In order to meet the public concern that the organisation by the press of its regulation is by a body which is independent of the press, independent of Parliament and …

- The government established a Royal Charter on Self-Regulation of the Press, granted by Privy Council on 30 October 2013. The Charter was an alternative …

L28 Accepted in Part

Leveson Inquiry (2012)

Recognition Body Role

The responsibility for recognition and certification of a regulator shall rest with a recognition body. In its capacity as the recognition body, it will not be involved in regulation of …

- The Royal Charter on Self-Regulation of the Press (October 2013) established the Press Recognition Panel as the recognition body, responsible for recognising and certifying …

L29 Accepted in Part

Leveson Inquiry (2012)

Recognition Requirements

The requirements for recognition should be those set out the recommendations set out above numbered 1 to 24 inclusive and more fully described in Part K, Chapter 7, Section 4 …

- The Royal Charter on Self-Regulation of the Press (October 2013) sets out 29 recognition criteria derived from Leveson's recommendations 1-24 (Royal Charter, Schedule, October …

L30 Accepted in Part

Leveson Inquiry (2012)

Periodic Review of Regulator

The operation of any certified body should be reviewed by the recognition body after two years and thereafter at three yearly intervals.

- The Royal Charter on Self-Regulation of the Press (October 2013) requires the Press Recognition Panel to conduct cyclical reviews of recognised regulators (Royal Charter, …

L31 Accepted in Part

Leveson Inquiry (2012)

Ofcom as Recognition Body

The role of recognition body, that is to say, to recognise and certify that any particular body satisfies (and, on review, continues to satisfy) the requirements set out in law …

- Leveson recommended that Ofcom should serve as the recognition body for press regulators, or alternatively a new body created by Royal Charter. - The …

L32 Accepted in Part

Leveson Inquiry (2012)

Multiple Regulatory Bodies

It should be possible for the recognition body to recognise more than one regulatory body, should more than one seek recognition and meet the criteria, although this is not an …

- The Royal Charter on Self-Regulation of the Press (October 2013) provides that the Press Recognition Panel may recognise more than one regulatory body, provided …

L33 Accepted in Part

Leveson Inquiry (2012)

Duty to Protect Press Freedom

In passing legislation to identify the legitimate requirements to be met by an independent regulator organised by the press, and to provide for a process of recognition and review of …

- Leveson recommended that legislation should include an explicit duty on the government to uphold and protect the freedom of the press. - The Crime …

L34 Accepted in Part

Leveson Inquiry (2012)

Compliance Reports and Senior Responsibility

In addition to Recommendation 10 above, a new regulatory body should consider requiring: (a) that newspapers publish compliance reports in their own pages to ensure that their readers have easy …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L35 Accepted in Part

Leveson Inquiry (2012)

Kite Mark for Trusted Journalism

A new regulatory body should consider establishing a kite mark for use by members to establish a recognised brand of trusted journalism.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L36 Accepted in Part

Leveson Inquiry (2012)

Code Review with Public Consultation

A regulatory body should consider engaging in an early thorough review of the Code (on which the public should be engaged and consulted) with the aim of developing a clearer …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including code review (Oral Statement to Parliament, Prime …

L37 Accepted in Part

Leveson Inquiry (2012)

Pre-litigation Complaints

A regulatory body should be prepared to allow a complaint to be brought prior to commencing legal proceedings if so advised. Challenges to that approach (and applications to stay) can …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L38 Accepted in Part

Leveson Inquiry (2012)

Discriminatory Reporting Powers

In conjunction with Recommendation 11 above, consideration should also be given to Code amendments which, while fully protecting freedom of speech and the freedom of the press, would equip that …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L39 Accepted in Part

Leveson Inquiry (2012)

Ring-fenced Enforcement Fund

A new regulatory body should establish a ring-fenced enforcement fund, into which receipts from fines could be paid, for the purpose of funding investigations.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including enforcement (Oral Statement to Parliament, Prime Minister's …

L40 Accepted in Part

Leveson Inquiry (2012)

Public Advice and Warning Service

A new regulatory body should continue to provide advice to the public in relation to issues concerning the press and the Code along with a service to warn the press, …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including public guidance (Oral Statement to Parliament, Prime …

L41 Accepted in Part

Leveson Inquiry (2012)

Strict Accountability for Published Material

A new regulatory body should make it clear that newspapers will be held strictly accountable, under their standards code, for any material that they publish, including photographs (however sourced).

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L42 Accepted in Part

Leveson Inquiry (2012)

Public Interest Guidance

A regulatory body should provide guidance on the interpretation of the public interest that justifies what would otherwise constitute a breach of the Code. This must be framed in the …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including public interest guidance (Oral Statement to Parliament, …

L43 Accepted in Part

Leveson Inquiry (2012)

Public Interest Record Keeping

A new regulatory body should consider being explicit that where a public interest justification is to be relied upon, a record should be available of the factors weighing against and …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L44 Accepted in Part

Leveson Inquiry (2012)

Advisory Service on Public Interest

A new regulatory body should consider whether it might provide an advisory service to editors in relation to consideration of the public interest in taking particular actions.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L45 Accepted in Part

Leveson Inquiry (2012)

Source Transparency

A new regulatory body should consider encouraging the press to be as transparent as possible in relation to the sources used for stories, including providing any information that would help …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L46 Accepted in Part

Leveson Inquiry (2012)

Whistleblowing Hotline

A regulatory body should establish a whistleblowing hotline for those who feel that they are being asked to do things which are contrary to the code.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L47 Accepted in Part

Leveson Inquiry (2012)

Journalist Contract Protection

The industry generally and a regulatory body in particular should consider requiring its members to include in the employment or service contracts with journalists a clause to the effect that …

- The Editors' Code of Practice Committee maintains the Editors' Code used by IPSO. Clause 1 requires that the press "must take care not to …

L48 Not Accepted

Leveson Inquiry (2012)

Section 32 DPA Amendment

The exemption in section 32 of the Data Protection Act 1998 should be amended so as to make it available only where: (a) the processing of data is necessary for …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …

L49 Not Accepted

Leveson Inquiry (2012)

Narrow Section 32 Exemption Scope

The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …

L50 Accepted

Leveson Inquiry (2012)

Compensation for Distress

It should be made clear that the right to compensation for distress conferred by section 13 of the Data Protection Act 1998 is not restricted to cases of pecuniary loss, …

- Section 13 of the Data Protection Act 1998, which had been interpreted as requiring pecuniary loss for compensation claims, was repealed when the Data …