II.

Freedom of the Press in Britain

Since the late 18th century the press in Britain has been relatively free from state interference. In the 20th century, competition law has ensured that the newspaper industry has been subject, at least theoretically, to the same regulation as other industries, under the jurisdiction of the Monopolies and Mergers Commission.

Control of the press is almost entirely through self-regulation, although this is currently on probation. The system currently rests on a Code of Practice established by newspaper editors and a Press Complaints Commission that was set up in 1991 to adjudicate on complaints. The Commission relies almost entirely on cooperation from newspapers and has no coercive powers. The majority of members have links with the press industry.

Recent concern about abuses by the press, in particular, invasions of the personal lives of Members of Parliament and the monarchy, led to the setting up of the Calcutt Committee, which reported in January 1993 that self-regulation of the press had not worked and that a new system should be established. Its most important recommendation is that the press should be subject to a statutory Complaints Tribunal chaired by a judge or senior lawyer. The tribunal would have coercive powers, including power to order an apology, compensation, or fines. In addition, the committee recommended the creation of new criminal and civil offences in respect of the acquisition of information through surveillance by a person unlawfully entering private property. Further, it recommended that the government consider the creation of a tort of privacy. Parliament has yet to act on the Calcutt Committee’s recommendations.

The Broadcasting Standards Commission, founded in 1998, is responsible for drawing up codes of broadcasting standards for radio and television: these codes deal with protection of personal privacy, as well as matters of taste and decency. (See also Regulation in Broadcasting.)