15/03/2012

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:00:09. > :00:12.Tonight on Newsnight Scotland, is the freedom of the press under

:00:12. > :00:14.threat? Public anger at the behaviour of

:00:14. > :00:17.some tabloid newspapers may be justified, but could the backlash

:00:17. > :00:22.put an end to the sort of investigative journalism that calls

:00:22. > :00:25.those in power to account? And if it's good enough for

:00:25. > :00:30.Barcelona and Bayern Munich, could Scottish football clubs be turned

:00:30. > :00:32.over to the communities which support them?

:00:32. > :00:35.Good evening. Falling revenues, competition from blogs and social

:00:35. > :00:39.media, increased resistance to freedom of information - there are

:00:39. > :00:43.many threats to the press as we know it. Evidence of hacking and

:00:43. > :00:45.paying policemen has been pretty unedifying. But is there now a

:00:45. > :00:55.danger that the Leveson Inquiry into the recent tabloid scandals

:00:55. > :01:01.

:01:01. > :01:06.could end up threatening legitimate The ongoing Leveson Inquiry has

:01:06. > :01:09.found some startling evidence of the extent of phone hacking at News

:01:09. > :01:13.International, but just as important are the signs of how the

:01:13. > :01:18.man in charge sees things. Leveson has suggested that more regulation

:01:18. > :01:22.of journalists and journalism will be necessary going forward. But as

:01:22. > :01:27.a same time, in the real world outside his inquiry, social media

:01:27. > :01:32.platforms like Twitter are consistently breaking down

:01:32. > :01:41.traditional barriers between the published world and private gossip.

:01:41. > :01:45.Sometimes, as in the case of Super injunctions, social media released

:01:45. > :01:55.facts which traditional news organs already knew but which they could

:01:55. > :01:57.

:01:57. > :02:00.In Scotland, recently there have been a number of revelations,

:02:00. > :02:06.starting with BBC Scotland and continuing with the Herald

:02:06. > :02:12.newspaper, about the contents of the Scottish criminal cases report

:02:12. > :02:19.into the Lockerbie bomb. The report, allegedly containing six grounds

:02:19. > :02:23.for suggesting a miscarriage of justice, remains unpublished.

:02:23. > :02:29.Scotland's political classes are well the report's contents, as are

:02:29. > :02:39.sections of the media. But the public are not. So I'll be at a

:02:39. > :02:43.

:02:43. > :02:45.tipping point where keeping it I'm joined now from Dundee by the

:02:45. > :02:53.former Information Commissioner for Scotland, Kevin Dunion, and from

:02:53. > :02:57.Edinburgh by the Herald's Iain Macwhirter.

:02:57. > :03:04.We should stress that Lord Leveson has not for me proposed anything.

:03:04. > :03:10.But should he propose some sort of statutory Liberation -- regulation

:03:10. > :03:14.of the press. Do you see any dangers in that?

:03:14. > :03:17.We see dangers of the state controlling a free press. But it is

:03:17. > :03:24.inevitable in the light of the revelations of the inquiry that

:03:24. > :03:29.some form of regulatory body policing standards to be adopted by

:03:29. > :03:34.the press will be necessary. The Press Complaints Commission was

:03:34. > :03:37.simply that, a complaints body. I remember when my counterpart in

:03:37. > :03:44.England drew to the attention of its chairman some of the egregious

:03:44. > :03:48.behaviour of the press. All that happened was the commission sent a

:03:48. > :03:54.note to the editors reminding them of their obligations. That is not

:03:54. > :04:01.good enough. Some form of regulation auditing the practices

:04:01. > :04:04.and conduct of the press and potentially fine in the press --

:04:04. > :04:13.fining the press is almost inevitable.

:04:13. > :04:17.Would you agree that there could be fined but also it could be a

:04:17. > :04:20.voluntary code? The idea is the press would have to

:04:20. > :04:27.sign up voluntarily to it. Of course, but then called into

:04:27. > :04:33.question all the other kinds of information disclosure,

:04:33. > :04:36.particularly blogs, which will not be part of this at all. The

:04:36. > :04:42.commission will then appoint a chair, but it will still be an

:04:42. > :04:49.independent body. It will not be influenced by government or elected.

:04:49. > :04:56.That kind of hybrid is on the cards. As a good hack, you see some

:04:56. > :05:01.dangers here. Absolutely. I pay tribute to Kevin

:05:01. > :05:05.Nunes for the work he has done for Freedom of Information in Scotland,

:05:05. > :05:12.but I think most of that work would be undone if we have this new form

:05:12. > :05:16.of brigadier to watchdog that his proposed by Lord Leveson. That very

:05:16. > :05:21.internal audit, which sounds so innocuous, in fact would kill off

:05:21. > :05:28.internal -- innovative journalism entirely. If the take the Herald

:05:28. > :05:32.this week, the report mentioned, securing a report like that

:05:32. > :05:35.requires a confidential, off the record briefings, all sorts of

:05:35. > :05:42.transactions with individuals who cannot allow themselves to be

:05:42. > :05:46.disclosed. It often involves technical law-breaking of Data

:05:46. > :05:50.Protection Act. The internal audit would have to be put in train as

:05:50. > :05:54.soon as an investigative story like that was begun and would kill it

:05:54. > :05:57.off immediately. We are sleepwalking into a form of

:05:57. > :06:01.regulation which would effectively kill for press freedom in this

:06:01. > :06:08.country. But isn't there a point in that?

:06:08. > :06:13.People are annoyed at some of the intrusive behaviour of the press.

:06:13. > :06:17.But the press has always been intrusive and arguably it is a

:06:17. > :06:23.price you pay for having the bits of the press which are good, which

:06:23. > :06:27.is doing genuine investigations. The point is if you try to close

:06:27. > :06:30.one bad bit of it, you close down the good bit as well.

:06:30. > :06:38.That is precisely the danger. I don't think we should use the

:06:39. > :06:43.excesses of the tabloid press down south in particular to allow the

:06:43. > :06:46.necessary free press and its investigations, particularly of

:06:46. > :06:52.rumblings, to be so fettered that it can't be carried out in a way

:06:52. > :06:56.that we fear. The Criminal Cases Review Commission report is a case

:06:56. > :07:01.in point. When I was the commissioner, I had to rule whether

:07:01. > :07:05.or not the board could be published. I had to find in a law that it

:07:05. > :07:09.simply could not. The law was explicit. Consent had not been

:07:09. > :07:13.given by all of the parties who were named in the report, and

:07:13. > :07:17.therefore there was a prohibition against the closure by the public

:07:17. > :07:20.authority. Everybody wants to see the report in the public domain.

:07:20. > :07:25.The government has got to pass another Act removing the need for

:07:25. > :07:31.consent. Even then, it is concerned that the Data Protection Act may

:07:31. > :07:35.prevent its disclosure. That very body you are proposing

:07:35. > :07:39.would prevent that being bought into the public domain.

:07:39. > :07:44.I don't think it would prevent it being bought into the public domain.

:07:44. > :07:49.But the point you are making, if it were brought into the public domain

:07:49. > :07:55.by the Data Protection Act... is how it happens.

:07:55. > :07:57.That is right. There is a defence of public interest for

:07:57. > :08:01.investigative journalism, which is not available to the public

:08:01. > :08:07.authorities for considering whether or not it will be sensitive

:08:07. > :08:11.personal data. That is one of the dilemmas we have got, is that the

:08:11. > :08:16.protection we afford to personal data is either too strong or too

:08:16. > :08:19.often used as a way of hiding behind the necessary information

:08:19. > :08:23.which should be in the public interest, but that is not an

:08:23. > :08:29.argument which is allowed into the domain under the terms of the Data

:08:29. > :08:33.Protection Act. I wanted touched on something else.

:08:33. > :08:38.The other thing that Lord Leveson has said, and we have to stress

:08:38. > :08:42.again, he is not making any formal disclosures, that social media

:08:42. > :08:47.should not be covered by this. As you were pointing out this morning,

:08:47. > :08:51.if something is out there on Twitter or Facebook, it is in

:08:51. > :08:56.effect in the public domain, and it seems ridiculous that other

:08:56. > :08:59.broadcasters like ourselves or newspapers like the one you work

:08:59. > :09:06.for are then supposed to pretend they don't know what everybody else

:09:06. > :09:10.knows. We are in a ridiculous situation.

:09:10. > :09:15.Earlier this year, there were those Super injunction preventing

:09:15. > :09:19.disclosure in the actual, real press when it was widespread

:09:19. > :09:23.knowledge because it was all over the internet. This is a real

:09:23. > :09:29.problem, and the why I worry about why -- what Lord Leveson is about

:09:29. > :09:35.to introduce. He says that Twitter, social media sides, don't need to

:09:35. > :09:38.be regulated because they are just like people chatting in a pub. That

:09:38. > :09:42.betrays naivety about how journalism works. As soon as those

:09:42. > :09:49.chats become brokers over the internet, they become used! That is

:09:49. > :09:56.what they are. It is another form of journalism. -- day become a news.

:09:56. > :09:59.It is not quality controlled by a paid professional to spend a light

:09:59. > :10:05.identifying truth and falsehood. They are just thrown onto the

:10:05. > :10:15.internet. We are going to have a press which can't do stories and a

:10:15. > :10:19.

:10:19. > :10:24.Even if you are a celebrity who does not want their name revealed,

:10:24. > :10:27.you are under a system of regulation and your name would be

:10:27. > :10:32.revealed under social media and that could not be regulated by your

:10:32. > :10:40.proposal. It is more likely to be revealed there than in traditional

:10:40. > :10:46.newspapers. So what you're suggesting, it does not actually do

:10:46. > :10:50.what it says on the 10th. That has always been the case. I remember

:10:50. > :10:55.back to the Spycatcher case when the UK Government tried to stop

:10:55. > :11:00.Peter Wright's book coming out. It took out a court order from

:11:00. > :11:05.preventing the press reporting on it. They forgot it could be

:11:05. > :11:11.published in Scotland which it was. It was also reported in Scotland.

:11:11. > :11:17.Scottish papers were taken into England. That was back in 1985 and

:11:17. > :11:21.it was a nonsense and it is more of a nonsense now. I am simply saying

:11:21. > :11:25.that regulation is going to be inevitable as a result of the

:11:25. > :11:29.Leveson Inquiry. I think that is going to be a code of conduct which

:11:29. > :11:36.will be regulated, not their heavy- handed Prevention of publication of

:11:36. > :11:40.articles. We are completely out of time, we have to leave it there.

:11:40. > :11:43.Thank you very much. There was a time when Scotland led

:11:43. > :11:46.the world in football innovation but that is a distant memory today.

:11:46. > :11:49.Clubs around the world have avoided financial ruin by embracing the

:11:49. > :11:51.concept of community ownership and fan involvement. Here only a

:11:51. > :11:55.handful have so far ventured into this territory. Tomorrow we find

:11:55. > :11:57.out who is bidding for Rangers - maybe they would be better off with

:11:57. > :12:07.the fans in charge. Derek Bateman, burdened with Hibernian

:12:07. > :12:10.

:12:10. > :12:15.affiliations, joins us from the Newsnight Sports studio. You join

:12:15. > :12:22.us tonight for the match of the millennium. Never before have these

:12:22. > :12:25.two sides come together, what it exclusively here on not --

:12:25. > :12:29.Newsnight Football Extra. Good evening. The big clash is between

:12:29. > :12:34.the clubs and the fans. I do not supposed to be at the same side?

:12:34. > :12:38.You would think so but most British for all clubs are run by businesses

:12:38. > :12:44.and the fans are Mia in accessories. It is not done that we in other

:12:44. > :12:48.countries. I went to find out why not. You only have to look at Ibrox

:12:48. > :12:55.to see the mess and old-fashioned club king get into when it is run

:12:55. > :13:02.by a millionaire. The or at Hearts as well. Here at Fir Park in

:13:02. > :13:07.Motherwell something else is going on. We're getting involved end the

:13:07. > :13:12.lives of people like football clubs have not done in the past. We have

:13:13. > :13:19.great learning opportunities here. People come here to get de-skilled.

:13:19. > :13:23.We have these courses. -- reached skilled. As a responsible football

:13:23. > :13:28.club, we have a social conscience and we need to be doing it.

:13:28. > :13:31.want more involvement of the fans in the running of the club?

:13:32. > :13:36.Absolutely. The biggest thing to happen to the club in recent

:13:37. > :13:42.history is the decision of our chairman to hand the club over to

:13:42. > :13:50.the fans. We look for a model which enable supporters to get more

:13:50. > :13:55.involved. We want to get involved. It is a new model. It is one which

:13:55. > :14:01.has not been tested to any great degree. It is something we're very

:14:01. > :14:07.excited about. Why don't all clubs do this? In Scotland only a handful

:14:07. > :14:17.have ventured into this territory. Some like 20 in England, the best-

:14:17. > :14:17.

:14:17. > :14:23.known is Wimbledon. Look abroad - Barcelona at is a club of the fans.

:14:23. > :14:28.It represents Catalonian culture. Its annual turnover is 400 million

:14:28. > :14:35.euros, it is owned and operated by club members, the supporters. Hard

:14:35. > :14:40.to argue it has not been successful - this is the trophy room. Then

:14:40. > :14:48.there is Germany where every club in the league has to be owned 51 %

:14:48. > :14:52.by the fans. The only exceptions are former work teams. The former

:14:52. > :14:57.will -- Volkswagen team for instance. Every club in Sweden is

:14:57. > :15:04.owned by fans and it is the same in Turkey. I think it is a matter of

:15:04. > :15:08.history. It has taken a long time when France actually got

:15:08. > :15:13.representation. Historically, clubs have been owned by big businesses.

:15:13. > :15:18.Why we give back control up? Especially if they have a stadium

:15:18. > :15:22.which is an asset. In the past we had seen stadiums get sold to Tesco

:15:22. > :15:27.on things like that, while relinquish control? It is a matter

:15:27. > :15:36.of realigning and getting to the position where clubs understand

:15:36. > :15:41.that the fan is a customer. They are loyal customers. We do help

:15:41. > :15:45.clubs to embed themselves in the community for its own sake? Should

:15:45. > :15:52.they make a contribution to the place they are based? I think that

:15:52. > :15:57.is key. All the clubs in Scotland and are embedded in the community.

:15:57. > :16:01.They are from that region and they are involved in community football.

:16:01. > :16:08.They are involved in health and welfare programmes. A lot of the

:16:08. > :16:16.things they do is not recognised. There should be more ways that

:16:16. > :16:24.football which is in decline, to try and make it more important.

:16:24. > :16:29.Supporters on the board and fan- zone shares - does that threat in

:16:29. > :16:34.the passion of the game? There is still passion about the game. We

:16:34. > :16:41.listen at board rival. There is a different approach here. The matter

:16:42. > :16:51.who would you club, the same absurd old tribal loyalties will carry on.

:16:51. > :16:58.Come on, heads! Back to you. A quick look at the newspapers for