The Scottish press should be subject to mandatory regulation underpinned by law even if the press in the rest of the UK is not, a Scottish Government-appointed panel of legal and media experts has suggested.
The expert group on the Leveson Report in Scotland has also made controversial suggestions in relation to controls of internet content.
The regulator could have the power to censure newspapers, magazines and websites, including “gossip” sites, while further regulation of social media such as Twitter may also be required, the group stated in a report released today.
The panel was chaired by former Solicitor-General for Scotland Lord McCluskey.
In a letter to First Minister Alex Salmond accompanying the report, he said: “The jurisdiction of the regulatory body proposed by Leveson must extend to all publishers of news related material and not be a voluntary system.”
He added: “If the London discussions fail to produce a compliant body, we suggest that Scottish ministers consider introducing legislation separately to ensure that those resident in Scotland can be adequately protected from abuse.”
If “significant” publishers opt out, “the whole system breaks down” and “we would be left with no system at all”, the report stated.
“All and any news-related publisher may be considered significant, since all and any may be capable of causing the very harm which Leveson is committed to addressing.”
Regulation in other countries extends to social media sites such as Twitter, the report notes.
“We draw the attention of the legislature to the particular case of the use of social media (Twitter et al) in relation to publicising/circulating news-related publications and the possible need for the regulation in this regard.”
It added: “It is for the legislature to specify the criteria for determining which news-related publications are to be subject to the jurisdiction of the new independent system of regulation.”
In a draft Bill accompanying the report, the panel defines a “relevant publisher” as “a newspaper, magazine or periodical containing news-related material or by electronic means (including a website), news-related material (whether or not related to a newspaper, magazine or periodical)”.
“News-related material” extends to “gossip about celebrities, other public figures or other persons in the news” while “gossip” is defined as “assertions of fact about the private or family life of persons if the information published is calumnious, defamatory or scandalous”.
Scottish Conservative leader Ruth Davidson said: “This is a shameless attempt by the First Minister to shackle a free press at a time of the utmost political sensitivity.”
And, discussing the recommendations relating to internet content, she added: “Even more astonishing is the proposal for the regulator to be responsible for news comment on the internet and for the newspaper industry to provide all the funds.”
Scottish Green co-convener Patrick Harvie said: “Greens support the implementation of the Leveson proposals, but the McCluskey report appears to go much further than anyone had expected.
“To include every source of news coverage would result in a torrent of complaints about every website, every blog, even every single tweet. I cannot see how this is remotely practical, even if it was desirable.”
Mr Salmond said: “While there is a huge amount of uncertainty and division surrounding how Westminster is going to take forward the Leveson recommendations, I am hopeful that in Scotland all parties in the Parliament can continue to work together to find an acceptable way forward.
“Lord McCluskey’s group has delivered an extremely thorough piece of work looking at how the proposals made by Lord Justice Leveson could be applied in the context of Scots law, including draft legislation.
“We will now take the time to consider all of their suggestions in full and discuss the proposals with the other political parties and other stakeholders.”
For full analysis and reaction to today’s proposals, see Saturday’s Courier.