There will be no Section 40 equivalent here in Scotland. Unless you have been following the fallout of Leveson very closely, then you will no doubt wonder what Section 40 is.
It refers to the proposal by the UK Government to implement S.40 of the Crime and Courts Act 2013 which would mean that, unless publishers have signed up to a state approved regulator, then they will be liable for the expenses of both sides if sued.
There is only one state approved regulator, IMPRESS, set up with a reported £4 million of funding from the former F1 boss Max Moseley, who himself has had several run-ins with the press.
The Scottish Government has now declared its hand that it will not legislate in the same way as the UK Government will in England and Wales.
Culture Secretary Fiona Hyslop set out the position following the closure this week of the UK Government’s consultation on Section 40.
Some have commented that such a move will be the death of investigative journalism in the UK, and nobody has written a better article about what it all means than Iain McWhirter on his blog here and which was published in The Herald on 8 January 2017. He explains there is some doubt as to how some newspapers will deal with the position where they are available across the UK in print and online.
Ms Hyslop had previously written to the UK Government to advise them that any such provision would not apply in Scotland and it is for the Scottish Government to determine how to proceed with press regulation north of the border.
Confirming the Scottish Government’s position, the Minister said:“A diverse and independent media is vital to sustaining a flourishing democracy. Any movement by the UK Government to action Section 40 must carefully consider potential threats to the health of our democratic life and to the freedom of the press.
“We are committed to ensuring the practices which led to the Leveson Inquiry in the first place do not happen again and we believe that all individuals should have the ability to seek redress when they feel they have been the victim of press malpractice.
“However, the context of press regulation in Scotland is quite distinct from that in England and Wales and section 40 of the Crime and Courts Act does not apply under Scots Law. We have not introduced statutory measures to incentivise participation in the regulatory system, as has happened in Westminster, and I can confirm we have no plans to do so.
“Despite press regulation being devolved, Scottish local and national media could be impacted by any decision to enact section 40 in England and Wales, and it is my view that the measures consulted on by the UK government would put at risk the viability of much of our independent media, particularly local newspapers, and pose a potential threat to freedom of the press.”
Founding Editor of The Edinburgh Reporter.
Edinburgh-born multimedia journalist and iPhoneographer.
