Government should fully commence s.40 now

Inclusion London’s responded to the government’s consultation on:

• Section 40 of the Crime and Courts Act 2013; and
• Part 2 of the Leveson Inquiry.

Download our consultation response here: Inclusion Londons answer to Leveson 2 conslt Jan 2017

Section 40 was proposed by a judge after a public inquiry and there was cross-party consensus on it; it has been enacted by Parliament and is on the statute book; the PRP has recognised IMPRESS as an approved regulator;[1]    

Parliament enacted s40 on the basis that it would be commenced, not that commencement would depend on the result of a consultation, so we recommend  that the Minister makes the commencement orderto bring s40 into force without any delay or change.

Many newspapers will not sign up to independent regulation without the financial incentive contained in s40.

Victims need the financial protection provided by s40 to take on the press through court action.

Local newspapers are not that vulnerable from vexatious claims because 70% of regional daily newspapers are controlled by five companies,[2] which would be able to pay court costs.  Also vexations claims would be struck out in the normal course of court proceedings.

IPSO, the body favoured by the press is not independent as it is funded by the publishers it regulates.  Also IPSO seems unwilling to take appropriate action; there have been no investigations or fines and inaccuracies printed on the front page are not corrected on the front page.

In April 2016 victims wrote to the former Prime Minister to urge him ‘to commence s40 without delay’. [3] We ask the government to focus on the needs of the victims, rather than listen to the objections raised by the powerful media industry.