Public Inquiry Recommendations

L51 Not Accepted

Leveson Inquiry (2012)

Repeal Procedural Provisions

The procedural provisions of the Data Protection Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.

- Sections 32(4), 32(5), 44, 45, and 46 of the Data Protection Act 1998 were repealed when the Data Protection Act 2018 came into force …

L52 Accepted in Part

Leveson Inquiry (2012)

ICO Balance of Public Interest

In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, …

- The Data Protection Act 2018 includes provisions requiring regard to press freedom when exercising regulatory functions. Schedule 2, Part 5, paragraph 26(2) requires that …

L53 Not Accepted

Leveson Inquiry (2012)

ICO Regard for Regulatory Membership

Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office …

- The Data Protection Act 2018, Schedule 2, Part 5, paragraph 26(3) provides that when determining whether publication would be in the public interest, the …

L54 Not Accepted

Leveson Inquiry (2012)

Bring into Force Section 55 Penalties

The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and …

- Section 77 of the Criminal Justice and Immigration Act 2008, which would have increased the maximum sentence for offences under section 55 of the …

L55 Not Accepted

Leveson Inquiry (2012)

ICO Prosecution Powers Extension

The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.

- Under the Data Protection Act 1998, the Information Commissioner's prosecution powers were limited to specific offences including section 55 (unlawful obtaining of data). The …

L56 Accepted in Part

Leveson Inquiry (2012)

ICO Consult with CPS

A new duty should be introduced (whether formal or informal) for the Information Commissioner's Office to consult with the Crown Prosecution Service in relation to the exercise of its powers …

- The Data Protection Act 2018 does not include a formal statutory duty for the ICO to consult with the Crown Prosecution Service before exercising …

L57 Not Accepted

Leveson Inquiry (2012)

Reconstitute ICO as Commission

The opportunity should be taken to consider amending the Data Protection Act 1998 formally to reconstitute the Information Commissioner's Office as an Information Commission, led by a Board of Commissioners …

- The Information Commissioner's Office was not formally reconstituted as an "Information Commission" led by a Board of Commissioners under the Data Protection Act 2018 …

L58 Accepted in Part

Leveson Inquiry (2012)

ICO Policy on Press Regulation

The Information Commissioner's Office should take immediate steps to prepare, adopt and publish a policy on the exercise of its formal regulatory functions in order to ensure that the press …

- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice containing practical guidance on the processing …

L59 Accepted in Part

Leveson Inquiry (2012)

ICO Good Practice Guidelines

In discharge of its functions and duties to promote good practice in areas of public concern, the Information Commissioner's Office should take immediate steps, in consultation with the industry, to …

- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice on data protection and journalism, in …

L60 Accepted in Part

Leveson Inquiry (2012)

ICO Public Guidance

The Information Commissioner's Office should take steps to prepare and issue guidance to the public on their individual rights in relation to the obtaining and use by the press of …

- The ICO publishes general guidance for individuals on their data protection rights, including rights of access, rectification, and erasure under the UK GDPR (ICO, …

L61 Accepted in Part

Leveson Inquiry (2012)

ICO Advice for Data Subjects

In particular, the Information Commissioner's Office should take immediate steps to publish advice aimed at individuals (data subjects) concerned that their data have or may have been processed by the …

- The ICO publishes general guidance on making complaints about data protection breaches and on exercising individual rights under the UK GDPR (ICO, Make a …

L62 Accepted in Part

Leveson Inquiry (2012)

ICO Annual Report on Press

The Information Commissioner's Office, in the Annual Report to Parliament which it is required to make by virtue of section 52(1) of the Act, should include regular updates on the …

- The ICO publishes an Annual Report to Parliament each year as required by the Data Protection Act 2018 (ICO Annual Reports, ico.org.uk). - The …

L63 Accepted in Part

Leveson Inquiry (2012)

ICO Adopt DPP Guidelines

The Information Commissioner's Office should immediately adopt the Guidelines for Prosecutors on assessing the public interest in cases affecting the media, issued by the Director of Public Prosecutions in September …

- The Director of Public Prosecutions published Guidelines for Prosecutors on assessing the public interest in cases affecting the media in September 2012 (DPP Guidelines, …

L64 Accepted in Part

Leveson Inquiry (2012)

ICO Engage with Metropolitan Police

The Information Commissioner's Office should take immediate steps to engage with the Metropolitan Police on the preparation of a long-term strategy in relation to alleged media crime with a view …

- Operation Elveden, the Metropolitan Police investigation into alleged payments to public officials by journalists, concluded in 2016. The investigation resulted in 34 arrests and …

L65 Accepted in Part

Leveson Inquiry (2012)

ICO Specialist Knowledge Review

The Information Commissioner's Office should take the opportunity to review the availability to it of specialist legal and practical knowledge of the application of the data protection regime to the …

- The ICO has published guidance on data protection and journalism as required by section 124 of the Data Protection Act 2018 (ICO, Data protection …

L66 Accepted in Part

Leveson Inquiry (2012)

ICO Organisation Review

The Information Commissioner's Office should take the opportunity to review its organisation and decision-making processes to ensure that large-scale issues, with both strategic and operational dimensions (including the relationship between …

- The ICO has undergone organisational changes since the Leveson report, including the appointment of John Edwards as Information Commissioner in January 2022 (ICO, About …

L67 Not Accepted

Leveson Inquiry (2012)

Sentencing Guidelines for Data Offences

On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of …

- Sections 77-78 of the Criminal Justice and Immigration Act 2008, which would have increased sentencing powers for section 55 offences under the DPA 1998, …

L68 Not Accepted

Leveson Inquiry (2012)

PACE Amendments Consideration

The Home Office should consider and, if necessary, consult upon: (a) whether paragraph 2(b) of Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE) should be repealed; (b) …

- The Association of Chief Police Officers (ACPO) was replaced by the National Police Chiefs' Council (NPCC) in April 2015 (NPCC, About Us). - No …

L69 Accepted in Part

Leveson Inquiry (2012)

Review of Damages for Media Torts

There should be a review of damages generally available for breach of data protection, privacy, breach of confidence or any other media-related torts, to ensure proportionate compensation including for non-pecuniary …

- Section 168 of the Data Protection Act 2018 confirmed that compensation for distress (non-pecuniary loss) is available without requiring financial loss, applicable to all …

L70 Not Accepted

Leveson Inquiry (2012)

Civil Justice Council Damages Review

The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media …

- No published evidence that the Civil Justice Council conducted a review of the level of damages in privacy, breach of confidence and data protection …

L71 Not Accepted

Leveson Inquiry (2012)

Aggravated and Exemplary Damages

The Report of the Law Commission on Aggravated, Exemplary and Restitutionary Damages should be adopted in relation to its recommendations that legislation should provide that: (a) aggravated damages should only …

- The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages (Law Com No. 247, 1997) recommended legislative reform of the damages framework. The Leveson …

L72 Accepted

Leveson Inquiry (2012)

Exemplary Damages for Media Torts

Exemplary damages (whether so described or renamed as punitive damages) should be available for actions for breach of privacy, breach of confidence and similar media torts, as well as for …

- Sections 34-39 of the Crime and Courts Act 2013 provide for exemplary damages against publishers not belonging to a recognised press regulatory body. These …

L73 Not Accepted

Leveson Inquiry (2012)

Civil Procedure Rules on Costs

The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of …

- Section 40 of the Crime and Courts Act 2013 was enacted to provide costs protections linked to membership of a recognised press regulator and …

L74 Not Accepted

Leveson Inquiry (2012)

Qualified One Way Costs Shifting

In the absence of the provision of an approved mechanism for dispute resolution, available through an independent regulator without cost to the complainant, together with an adjustment to the Civil …

- This recommendation proposed enhanced legal aid or a cost-shifting mechanism for individuals bringing claims against publishers, in the absence of a recognised regulatory arbitration …

L75 Accepted

Leveson Inquiry (2012)

Discontinue Off-the-record Term

The term 'off-the-record briefing' should be discontinued. The term 'non-reportable briefing' should be used to cover a background briefing which is not to be reported, and the term 'embargoed briefing' …

- The College of Policing published Authorised Professional Practice (APP) on media relations, which includes guidance on the conduct of briefings and the terms under …

L76 Accepted

Leveson Inquiry (2012)

ACPO Media Contact Recording

It should be mandatory for ACPO rank officers to record all of their contact with the media, and for that record to be available publicly for transparency and audit purposes. …

- The College of Policing Authorised Professional Practice on media relations requires chief officers to record contacts with the media and for these records to …

L77 Accepted

Leveson Inquiry (2012)

Police Media Contact Rule

The simple rule included within the 'Interim ACPO Guidance for Relationships with the Media' should be adopted as good practice. This is: "Police officers and staff should ask: 'am I …

- The College of Policing published Authorised Professional Practice (APP) on media relations which adopted the principle that officers should consider whether there is a …

L78 Accepted

Leveson Inquiry (2012)

PNC Access Auditing

The Police Service should re-examine the rigour of the auditing process and the frequency of the conduct of audits in relation to access to the Police National Computer (PNC). Additional …

- The College of Policing APP on information management covers access to the Police National Computer (PNC), including requirements for auditing and access controls (College …

L79 Accepted

Leveson Inquiry (2012)

ACPO Guidance on Hospitality

The recent ACPO Guidance should more specifically spell out the dangers of consuming alcohol in a setting of casual hospitality (without necessarily specifying a blanket ban).

- The College of Policing published Authorised Professional Practice on media relations which includes guidance on hospitality in the context of police-media interactions (College of …

L80 Accepted

Leveson Inquiry (2012)

ACPO Post-employment Restrictions

Consideration should be given to the terms upon which ACPO rank officers are appointed and, in particular, whether these terms should include some limitation upon the nature of any employment …

- The College of Policing and NPCC have adopted guidance on standards of professional behaviour applying to senior officers, including requirements around business interests and …

L81 Accepted

Leveson Inquiry (2012)

Enhanced Whistleblower Protection

An enhanced system for protection of whistleblowers and for providing assistance for the Police Service on general ethical issues should at least comprise the following: (a) greater prominence should be …

- The Independent Police Complaints Commission (IPCC) was replaced by the Independent Office for Police Conduct (IOPC) on 8 January 2018 under the Policing and …

L82 Accepted in Part

Leveson Inquiry (2012)

Party Policy on Press Relations

As a first step, political leaders should reflect constructively on the merits of publishing on behalf of their party a statement setting out, for the public, an explanation of the …

- The UK Government publishes quarterly ministerial transparency data including details of meetings with newspaper and other media proprietors, editors and senior executives (GOV.UK, Ministers' …

L83 Accepted

Leveson Inquiry (2012)

Disclosure of Media Contacts

Party Leaders, Ministers and Front Bench Opposition spokesmen should consider publishing: (a) the simple fact of long term relationships with media proprietors, newspaper editors or senior executives which might be …

- The UK Government publishes quarterly ministerial transparency data including details of meetings between ministers and media proprietors, newspaper editors and senior media executives (GOV.UK, …

L84 Accepted

Leveson Inquiry (2012)

Immediate Transparency Need

The suggestions that I have made in the direction of greater transparency about meetings and contacts should be considered not just as a future project but as an immediate need, …

- The UK Government has published quarterly ministerial transparency data continuously since 2010, including details of meetings with media proprietors, editors and senior executives (GOV.UK, …

L85 Accepted

Leveson Inquiry (2012)

Plurality Focus on News

The particular public policy goals of ensuring that citizens are informed and preventing too much influence in any one pair of hands over the political process are most directly served …

- Ofcom developed a Measurement Framework for Media Plurality, published in 2015, which set out metrics for assessing the sufficiency of plurality across news and …

L86 Accepted

Leveson Inquiry (2012)

Include Online in Plurality

Online publication should be included in any market assessment for consideration of plurality.

- Ofcom's Measurement Framework for Media Plurality, published in 2015, explicitly includes online news consumption in its assessment of media plurality (Ofcom, Measurement Framework for …

L87 Accepted

Leveson Inquiry (2012)

Plurality Measurement Framework

Ofcom and the Government should work, with the industry, on the measurement framework, in order to achieve as great a measure of consensus as is possible on the theory of …

- Ofcom published its Measurement Framework for Media Plurality in 2015, developed in consultation with industry, setting out a methodology for measuring plurality across media …

L88 Accepted

Leveson Inquiry (2012)

Plurality Thresholds Lower Than Competition

The levels of influence that would give rise to concerns in relation to plurality must be lower, and probably considerably lower, than the levels of concentration that would give rise …

- Ofcom's Measurement Framework for Media Plurality (2015) distinguishes between competition concerns (market power) and plurality concerns (diversity of viewpoints), noting that plurality concerns may …

L89 Accepted

Leveson Inquiry (2012)

Full Menu of Plurality Remedies

Ofcom has presented the Inquiry and the Government with a full menu of potential remedies, and it has not been argued or suggested that any of them are inappropriate in …

- Ofcom's Measurement Framework for Media Plurality (2015) identified a range of potential remedies for addressing plurality concerns, including structural remedies (divestiture, ownership limits), behavioural …

L90 Accepted

Leveson Inquiry (2012)

Periodic Plurality Reviews

The Government should consider whether periodic plurality reviews or an extension to the public interest test within the markets regime in competition law is most likely to provide a timely …

- Ofcom publishes annual Media Nations reports which assess the state of UK media markets including news consumption and plurality indicators, providing a form of …

L91 Accepted

Leveson Inquiry (2012)

Media Merger Referral Consultation

Before making a decision to refer a media merger to the competition authorities on public interest grounds, the Secretary of State should consult relevant parties as to the arguments for …

- The Enterprise Act 2002, sections 42-58, require the Secretary of State to issue an intervention notice when referring a media merger on public interest …

L92 Accepted

Leveson Inquiry (2012)

Secretary of State Media Merger Decisions

The Secretary of State should remain responsible for public interest decisions in relation to media mergers. The Secretary of State should be required either to accept the advice provided by …

- The Enterprise Act 2002 provides that the Secretary of State retains responsibility for public interest decisions in media mergers, including issuing intervention notices under …