For some inexplicable reason the Guardian, only a few months after his release from prison for getting his wife to take his speeding points, has taken to printing columns by the former energy secretary Chris Huhne. You may say that Huhne has paid his debt to society and well done Alan Rusbridger for sending some work in the direction of his former colleague (Huhne did a stint on the Graun's European desk many many years ago). I'm not so sure. The Huhne-Pryce saga revealed Huhne to be a man of insatiable ambition, a bully, a liar, and someone who thought the law of the land did not apply to him. I think his presence diminishes the paper. Other columnists are available after all. But what do I know? I'm only one of the small and dwindling band of people who still pay to read the Guardian.
Today's Huhne column is particularly hard to stomach, since it's on the subject of the new press regulator. (That the Guardian expects its readership to fork out to read his comments on this change in the law is particularly galling, since Huhne, when in office, showed absolute contempt for it. But that's the Guardian these days. Its sense of righteousness only extends so far.)
The article is trailed by the headline, "Self-regulation failed for bankers. Why should it work for journalists?" Well of course it won't. Even the threat of criminal prosecution didn't deter them from phone-hacking (although more of that in a minute). But why then does Huhne think a new state-sponsored regulator will? Huhne's article finishes with the prediction, "The system will bed down. Everyone will wonder what all the fuss was about."
It's curious how the high-profile people gunning for the press have an interest in seeing it muzzled. MPs are unhappy at their hounding over expense claim abuses, Hugh Grant didn't like their reporting his use of prostitutes or revelation of his fathering a child from a brief fling, and Steve Coogan was unhappy with the Mail for its own prostitutes plus cocaine stories.
My sympathies for celebrities are limited. Both Coogan and Grant have made films for the Murdoch empire (did they not read the name on the cheques?), and both have made lavish use of publicity interview tours to promote their work. The words "heat" and "kitchen" spring to mind.
The people who do need protecting from the press are the innocents like the parents of Milly Dowler; and yet the people who hacked into her phone are either in prison or currently facing a gruelling and humiliating trial at the Old Bailey. The criminal law did not deter their persecutors, but it will deter anyone with any brains who sees what has happened to them. As usual, we are changing the laws in a panic when it would have been better to make sure the - perfectly adequate - existing ones were enforced.
It'll be interesting to see which papers sign up to the new regulator. The Spectator and Private Eye have said they won't, undeterred by the threat of punitive libel costs. My guess would be that the publishers of the Guardian will. That's because Rusbridger and his colleagues are pusillanimous hand-wringers, lacking the cojones to defy the government and damn the consequences.
It's worth dwelling for a moment on what those consequences are. A non-Leveson compliant publication which is sued for libel but wins will nevertheless be liable for its own costs and for the costs of its unsuccessful opponent. I've italicised this because costs are a crucial issue in litigation. Just imagine if you are a trigger-happy litigant nursing some semi-imaginary grudge. Even if you lose your action against a non-compliant publication you have nothing to lose overall because they'll have to pay your costs anyway. The libel courts will be flooded by the over-sensitive. Non-Leveson publications might as well give up now.
If you take on a non-compliant publication and win, the newspaper will have to pay you extra punitive damages.
These costs orders will be enforced by the State.
And yet advocates of the Leveson approach deny that it involves any element of political control of the press.
None of the above will apply to publication on the internet. Leveson's report has only a couple of pages on it.
As I've sometimes observed here, you can tell an awful lot about an idea by the people who support it. This one is advocated by Chris Huhne, which seems about right. It's a right Chris Huhne of a proposal.
