THE STRUCTURE OF CONTROLS ON THE INVASION OF PRIVACY BY THE PRESS

Date01 February 1992
DOIhttps://doi.org/10.1108/eb024763
Pages155-162
Published date01 February 1992
AuthorALEX CARLISLE QC
Subject MatterAccounting & finance
THE STRUCTURE OF CONTROLS ON THE INVASION OF
PRIVACY BY THE PRESS
Received: 16th November, 1992.
ALEX CARLISLE QC MP
ALEX CARLISLE QC MP
IS
THE LIBERAL DEMOCRAT MEMBER OF
PARLIAMENT FOR MONTGOMERY, FIRST
WINNING THE SEAT IN 1983, AND LEADER OF
THE WELSH LIBERAL DEMOCRATS. HE WAS
THE LIBERAL AND LIBERAL DEMOCRAT
SPOKESPERSON ON HOME AND LEGAL AFFAIRS
FROM 1981 TO 1988 AND ALLIANCE
SPOKESPERSON ON LEGAL AFFAIRS IN THE
1987
ELECTION. HE IS CURRENTLY JOINT
SECRETARY OF THE ALL-PARTY BARRISTERS
GROUP; TREASURER OF THE ALL-PARTY
UNITED NATIONS GROUP; JOINT VICE-
CHAIRMAN OF THE ALL-PARTY WAR CRIMES
GROUP; A MEMBER OF THE CHARITY LAWS
PARLIAMENTARY PANEL; A MEMBER OF THE
CIVIL LIBERTIES GROUP. HE HAS BEEN A LAY
MEMBER OF THE GENERAL MEDICAL COUNCIL
AND A COUNCILLOR FOR THE HOWARD
LEAGUE SINCE
1989.
ABSTRACT
This paper examines the historical and
contemporary background to the vexed
question
of
control
of the press.
Consideration
of the Younger Report
on
Privacy (1972)
and
the Royal
Commis-
sion on the
Press
(1977), both of
which
were critical
of
the role
of
the Press
Council,
is set against the circulation battles
of Fleet
Street in the 1980s. Some of the worst
excesses
of
recent cases
are
considered
and
the
whole put
into the context
of
the Calcutt
Report
(1990).
The
role
of the
Press Complaints
Com-
mission (PCC) is considered and the
advantages
and
disadvantages
of a statu-
tory restriction
on the
press through
legisla-
tion
is
examined.
It is
concludcd
that,
despite weaknesses
in the
present
system,
the
preferred option
is
for self-regulation.
INTRODUCTION
'Where there is a great deal of free
speech', said Churchill, 'there is
always a certain amount of foolish
speech'. Few can deny that there has
been too much of the foolish variety
in recent months. Tabloids large and
small have barraged their readers
with specious and titillating accounts
of David Mellor's concupiscence, the
Duchess of York's breasts (complete
with photos), and personal conversa-
tions concerning members of the
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