Murdoch papers paid £1m to gag phone-hacking victims

Friday, July 10, 2009

Murdoch papers paid £1m to gag phone-hacking victims

• News of the World bugging led to £700,000 payout to PFA chief executive Gordon Taylor
• Sun editor Rebekah Wade and Conservative communications chief Andy Coulson – both ex-NoW editors – involved
• News International chairman Les Hinton told MPs reporter jailed for phone-hacking was one-off case

Rupert Murdoch's News Group Newspapers has paid out more than £1m to settle legal cases that threatened to reveal evidence of his journalists' repeated involvement in the use of criminal methods to get stories.

The payments secured secrecy over out-of-court settlements in three cases that threatened to expose evidence of Murdoch journalists using private investigators who illegally hacked into the mobile phone messages of numerous public figures to gain unlawful access to confidential personal data, including tax records, social security files, bank statements and itemised phone bills. Cabinet ministers, MPs, actors and sports stars were all targets of the private investigators.

Today, the Guardian reveals details of the suppressed evidence, which may open the door to hundreds more legal actions by victims of News Group, the Murdoch company that publishes the News of the World and the Sun, as well as provoking police inquiries into reporters who were involved and the senior executives responsible for them. The evidence also poses difficult questions for:

• Conservative leader David Cameron's director of communications, Andy Coulson, who was deputy editor and then editor of the News of the World when, the suppressed evidence shows, journalists for whom he was responsible were engaging in hundreds of apparently illegal acts.

• Murdoch executives who, albeit in good faith, misled a parliamentary select committee, the Press Complaints Commission and the public.

• The Metropolitan police, which did not alert all those whose phones were targeted, and the Crown Prosecution Service, which did not pursue all possible charges against News Group personnel.

• The Press Complaints Commission, which claimed to have conducted an investigation, but failed to uncover any evidence of illegal activity.

The suppressed legal cases are linked to the jailing in January 2007 of a News of the World reporter, Clive Goodman, for hacking into the mobile phones of three royal staff, an offence under the Regulation of Investigatory Powers Act. At the time, News International said it knew of no other journalist who was involved in hacking phones and that Goodman had acted without their knowledge.

But one senior source at the Met told the Guardian that during the Goodman inquiry, officers found evidence of News Group staff using private investigators who hacked into "thousands" of mobile phones. Another source with direct knowledge of the police findings put the figure at "two or three thousand" mobiles. They suggest that MPs from all three parties and cabinet ministers, including former deputy prime minister John Prescott and former culture secretary Tessa Jowell, were among the targets.

Last night, Prescott said: "I think Mr Cameron should be thinking of getting rid of Coulson."

However, a spokeswoman for Cameron said the Tory leader was "very relaxed about the story".

Lib Dem MP Simon Hughes, one of many victims of mobile phone hacking by Rupert Murdoch's News Group Newspapers, comments on the huge out-of-court settlements Link to this video

News International has always maintained it had no knowledge of phone hacking by anybody acting on its behalf.

Murdoch told Bloomberg news last night that he knew nothing about the payments. "If that had happened I would know about it," he said.

A private investigator who had worked for News Group, Glenn Mulcaire, was also jailed in January 2007. He admitted hacking into the phones of five other targets, including the chief executive of the Professional Footballers' Association, Gordon Taylor. Among the phones he hacked were those of the Lib Dem MP Simon Hughes, celebrity PR Max Clifford, model Elle MacPherson and football agent Sky Andrew. News Group denied all knowledge of the hacking, but Taylor last year sued them on the basis that they must have known about it.

In documents initially submitted to the high court, News Group executives said the company had not been involved in any way in Mulcaire's hacking of Taylor's phone. They denied keeping any recording or notes of intercepted messages. But, at the request of Taylor's lawyers, the court ordered the production of detailed evidence from Scotland Yard's inquiry in the Goodman case, and from an inquiry by the Information Commissioner's office into journalists who dishonestly obtain confidential personal records.

The Scotland Yard files included paperwork which revealed that, contrary to News Group's denial, Mulcaire had provided a recording of the messages on Taylor's phone to a News of the World journalist who had transcribed them and emailed them to a senior reporter, and that a News of the World executive had offered Mulcaire a substantial bonus for a story specifically related to the intercepted messages.

Several famous figures in football are among those whose messages were intercepted. Coulson was editing the paper at this time. He said last night: "This story relates to an alleged payment made after I left the News of the World two and half years ago. I have no knowledge whatsoever of any settlement with Gordon Taylor.

"The Mulcaire case was investigated thoroughly by the police and by the Press Complaints Commission. I took full responsibility at the time for what happened on my watch but without my knowledge and resigned."

The paperwork from the Information Commission revealed the names of 31 journalists working for the News of the World and the Sun, together with the details of government agencies, banks, phone companies and others who were conned into handing over confidential information. This is an offence under the Data Protection Act unless it is justified by public interest.

Senior editors are among those implicated. This activity occurred before the mobile phone hacking, at a time when Coulson was deputy and the editor was Rebekah Wade, now due to become chief executive of News International. The extent of their personal knowledge, if any, is not clear: the News of the World has always insisted that it would not break the law and would use subterfuge only if essential in the public interest.

Faced with this evidence, News International changed their position, started offering huge cash payments to settle the case out of court, and finally paid out £700,000 in legal costs and damages on the condition that Taylor signed a gagging clause to prevent him speaking about the case. The payment is believed to have included more than £400,000 in damages. News Group then persuaded the court to seal the file on Taylor's case to prevent all public access, even though it contained prima facie evidence of criminal activity.

The Scotland Yard paperwork also provided evidence that the News of the World had been involved with Mulcaire in his hacking of the mobile phones of at least two other football figures. They filed complaints, which were settled this year when News International paid more than £300,000 in damages and costs on condition that they signed gagging clauses.

Taylor declined to make any comment. Goodman, now out of jail, said: "My comment is not even 'no comment'." A spokesman for News International said: "News International feels it is inappropriate to comment at this time."

Last night, John Whittingdale, the Conservative MP who chairs the culture, media and sport select committee, said the revelation "raises a number of questions that we would want to put to News International".

He added: "The fact that other people beyond the royal family had their calls intercepted was well known. But we were absolutely assured by News International that none of their journalists were aware of that, that Goodman was acting alone and that Mulcaire was a rogue agent".

Asked if the committee would reopen the issue, he said: "The committee will want to discuss it very urgently. I think we will do so tomorrow morning, and if we decide that there are further questions to ask, then certainly we would summon back witnesses and ask those questions."

Former Sunday Times editor Andrew Neil described the story last night as "one of the most significant media stories of modern times". "It suggests that rather than being a one-off journalist or rogue private investigator, it was systemic throughout the News of the World, and to a lesser extent the Sun," he said. "Particularly in the News of the World, this was a newsroom out of control.

Source: The Guardian

No comments:

Post a Comment

Top 11 Reasons You Should Fight Hate Laws

Unless we resist now, a thought crimes bureaucracy like those regulating Australia, Canada and Europe will soon rule America. In these nations, federal hate laws have destroyed citizens' rights to free speech. Punishment of politically incorrect bias is the ultimate goal of this legislation.

A national hate law would shatter Americans' First Amendment rights, which are now sadly unique among Western democracies. We would lose our precious freedom to express politically incorrect ideas, moral judgments, or whatever personal convictions the reigning thought police deem "hateful."

Think this can't happen in America? Think again.

Hostile work environment law and campus speech bans already severely curtail free expression in American workplaces and universities. A US federal hate law would follow the examples of Europe, Canada, and Australia where Christian pastors have been indicted simply for quoting politically incorrect Scripture in their sermons. Iceland's Orwellian hate law, for example, promises two years' jail if you verbally "insult" a person on the basis of their nationality, skin color, race, religion, or sexual orientation.

If a federal hate law were passed, free expression across the political spectrum would be threatened. What would happen to blasphemous art like Piss Christ or South Park, to Ann Coulter or Al Franken, to Christians protesting sodomy or homosexuals attacking the Bible? Every American, from left-leaning feminists to red state Republicans, should protest "anti-hate" legislation. If Rosie O'Donnell were an Icelander, she could have been prosecuted for verbal "assault" for her recent statement that radical Christianity is as dangerous as radical Islam. Political activists in nations with hate laws have already been indicted for criticizing Islam, Zionism, and homosexuality. Hate laws threaten your freedom to speak your mind, no matter what's on it.

Here are some of the most powerful, bipartisan reasons to fight this legislation.

1. Speech bans are a political weapon used by those in power to silence their opponents and politically unpopular minorities.

Hate laws empower the government to enforce the orthodoxy of whoever happens to be in charge. The government can define which biases or "hatreds" are unacceptable and which are okay. For instance, hate laws in our PC age allow women to derogate men but would silence men from legitimate (though possibly hurtful) speech like a discussion of biological gender differences.

In 2004 Swedish feminist Joanna Rytel wrote a hate-filled screed published in a major daily. Her article describes white men as arrogant, sex-obsessed and exploitative, explaining that Rytel just wants to "puke" on them. Stockholm authorities refused to indict Rytel under their hate law, saying it was passed to protect ethnic minorities, not white Swedes. This is one example of speech bans' uneven enforcement; they are used to punish certain kinds of hate and allow others.

Because almost every exercise of free speech offends someone, government officials would end up enforcing speech bans on the basis of their own bias. Speech bans simply can't be evenhanded unless everyone is shut up altogether.

In the real world, speech can and does wound. That's a cost of life. We naturally resent painful realities like economic competition, unfair comments, and hard work. But in each case, the cures we've tried were far worse than the sickness. Speech bans might censor some hurtful speech but would empower government to silence minorities and strip the intellectual marketplace of legitimate and needed expression-the kind that creates positive, social change precisely because it is minority and challenges the sins of the group.

2. Hate speech bans don't work.

Genuine racism and false hatreds exist in this world. Bans on hate speech, however, won't solve the problem. If you only break off a tick's body, its head will burrow deep beneath the skin. The only effective response to bad ideas is the truth. We should combat falsehoods with more and freer discussion, not less.

3. Hate laws aren't necessary.

ADL claims an epidemic of hate sweeps America that can only be fought with stiffened penalties for bias-driven crimes. Yet the FBI's 2005 Uniform Crime Report shows alleged hate crimes form a tiny 1/15 of 1 percent of all crime in America. Law enforcers' time would be far better spent fighting the 99.85 percent of crime that's happening every minute across our nation rather than getting entangled in discerning and testifying against the perceived motivations of a tiny minority of criminals.

Hate laws would require vast government bureaucracies, complicate law enforcement, and distract police and prosecutors from dealing with actual physical crimes. Government and law enforcement should focus on criminal acts, not words or motivations, in a nation where someone is murdered every 22 minutes, raped every 5, robbed every 49 seconds and burgled every 10 seconds. Discerning and prosecuting criminal motivations would only be a good plan if law enforcers had God's omniscience and time to waste. Ours have neither.

4. Hate speech bans are unconstitutional.

Because the First Amendment underwrites our most precious civil liberty, the US Supreme Court has repeatedly ruled against speech bans. In 1972 the Court declared, "[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its contents." (Police Department of Chicago v. Mosley, 408 U.S. 92)

Some forms of speech are restricted; these include threats and "fighting words" that incite "an immediate breach of peace." But these restrictions are (and must remain) extremely narrow and content-neutral-the government is not allowed to censor speech based on the viewpoint it expresses but only on whether it constitutes an immediate threat. Hate laws, however, would punish the viewpoints expressed in speech, in violation of the Constitution.

International use of ADL-designed hate laws shows that the first kinds of speech to be sanctioned are extreme right, white nationalist speech and Holocaust reductionism. The average person is slow to defend such speech. But hate laws quickly broaden to punish forms of expression the average citizen would never dream of stifling. Sweden's 2002 modified hate law, for example, explicitly exposes Christian sermons to prosecution!

All forms of controversial political and religious speech are potentially vulnerable to prosecution under hate laws. This contradicts Supreme Court Justice Holmes Jr. who said in 1929, "[I]f there is any principle of the Constitution that more imperatively calls for attachment [loyal defense] than any other, it is the principle of free thought-not free thought for those who agree with us but freedom for the thought we hate."

5. Speech bans will be used against the very minorities they were meant to protect.

Speech bans silence some to protect the feelings of others. But when the government has power to silence expression that power can be wielded against the very people who once enjoyed its protection. Liberals, the champions of unrestrained speech in the 1960s, now vote as a bloc in Congress to support speech restrictions. Yet already in countries such as Canada, England and Australia, leftist critics of Islam have become the victims of hate laws, indicted for religious "hate speech."

Leftist artists Rowan Atkinson and Salman Rushdie realize hate laws don't just threaten white nationalists like David Duke but liberals as well- they recently fought for revision of Britain's hate law because it could be used to outlaw art that blasphemes or criticizes religion. Atkinson and Rushdie are just a few of hate laws' leftist critics who know that persons of all political persuasions have a stake in defeating this legislation.

6. Speech bans chill legitimate and valuable speech.

Under the threat of possible indictment, many people will refrain from discussing controversial but important ideas. Speech bans are often broad and vague, leaving citizens unsure what might get them hauled into court.

This is what has happened in American workplaces, where hostile work environment law has left many employees unsure what they can say. Many Americans avoid all controversial speech and voluntarily refrain from exercising First Amendment rights at work. Hate laws would extend this dangerous minefield to the national political scene.

Legal philosopher Edmond Cahn points out that speech bans would leave our bookshelves empty. "[T]he officials could begin by prosecuting anyone who distributes the Christian gospels, because they contain many defamatory statements not only about Jews but also about ChristiansThen the officials could ban Greek literature for calling the rest of the world "barbarians." Roman authors could be suppressed because when they were not defaming the Gallic and Teutonic tribes, they were disparaging the ItaliansThen there is Shakespeare, who openly affronts the French, the Welsh, the Danes" (Beyond the Burning Cross, E. Cleary, Random House, 1994)

7. Speech bans greatly reduce the possibility of healthy, democratic change.

Criminalizing speech that expresses "hate" or "bias" would require us to outlaw history's most valuable speech, especially the political and religious speech that threatens social stasis and ignites progress.

Aggressive speech is often the only tool available to political, social, or religious minorities whose access to government lobbying and mass media is limited. Those agitating for social change often need to use inflammatory and even "hateful" language to startle the public into hearing their message. Socrates compared himself to a horsefly biting the lazy flanks of his republic. We should certainly know enough by now to prefer the annoyance of stinging speech (even when we don't see its value) to a tyrannical majority that plods, unchallenged, toward slavery.

Americans are so used to our mudslinging, no-holds-barred political discourse that we find it hard to envision the way freedom of speech could disappear. But the freedom we enjoy is extremely rare in history, and quickly lost. Free expression for intellectuals is the first thing to go when tyrants rise to power; the history of oppressive regimes makes it clear that freedom of political speech is a delicate exception and the overarching tendency is for majorities or elites to get power and silence all opposition.

8. The government's interest in reducing violent crime does not outweigh our interest in preserving civil liberty.

Hate law advocates including the ADL argue that hateful speech incites violence, and appeal to the government's interest in reducing violent crime. But it would be unfair to ban, for instance, white racist speech or Christian sermons against homosexuality without also banning the plethora of other speech that might incite crime. Gangsta rap and videogames would be open to censure; we would also have to ban pornography, especially sadomasochistic porn, which certainly inspires violence against women.

Yet bans against these kinds of speech have been repeatedly declared unconstitutional. The government has an interest in lowering violent crime of all stripes but has always found the value of the First Amendment to be greater. It's unjust to argue that a few kinds of speech must be banned because they possibly incite violence (e.g., criticism of Jewish actions or homosexuality) yet permit huge categories of speech (violent sexual entertainment) that do the same. This would happen, however, under hate laws' unequal and partial enforcement. The ADL is not truly driven by the desire to reduce violent crime but rather to enforce a social and political orthodoxy.

Instead of passing a hate law that would shatter the First Amendment and impossibly complicate law enforcement, people concerned with hate-driven crimes should focus on improving our existing justice system and making sure hard crimes don't go unpunished.

9. Speech bans are offensively paternalistic.

They presume we can't think for ourselves, reject racist or hateful ideas for ourselves, or deal with the hurt caused by others' free expression. Are we such children that we need the government to cover our ears? Speech bans especially condescend toward the minorities they portray as helpless victims whose feelings must be sheltered from ideas they can't combat in a free intellectual market.

10. Speech bans permit government to do something an individual could not morally do.

Frederic Bastiat's classic treatise on The Law says government exists only to prevent injustice by defending our basic rights to person, liberty, and property. Government does not exist to guarantee our economic outcomes, redistribute our wealth, or protect our psyches. Speech bans would empower government to silence individuals by force. This is immoral whether it's one person silencing another person or the government silencing a fringe group of dissenters. Human fallibility requires at least enough humility to allow others to question, challenge, and dissent from our ideas. John Stuart Mill explains, "If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."

11. Speech bans deny self-determination and individual freedom by criminalizing self-expression.

By censoring speech, hate laws censor thought and restrict our access to ideas. This is the essence of mind control. They deny the personal growth that comes from sharing ideas-including hateful, prejudiced, or false ideas-and having them challenged in a free intellectual marketplace.

Hate law speech bans have been repeatedly declared unconstitutional and would rend the very foundation of our freedom and democracy. Far from combating hate, The Local Law Enforcement Hate Crimes Prevention Act is actually the most hateful and enslaving legislation to ever reach Congress; it would invade states' rights in law enforcement, enabling a hate crimes bureaucracy to police our thoughts and expression. Government could censor by force all speech that dissents from the reigning orthodoxy. Every American must speak up now in defense of the freedom for which our forefathers gave their very lives.

Freedom of expression is one of the most fundamental rights that individuals enjoy. It is fundamental to the existence of democracy and the respect of human dignity. It is also one of the most dangerous rights, because freedom of expression means the freedom to express one's discontent with the status quo and the desire to change it. As such, it is one of the most threatened rights, with governments - and even human rights groups - all over the world constantly trying to curtail it.

Make your voice heard today or it will be silenced tomorrow.

Fredrick Douglas

"Those who profess to favor freedom, and yet depreciate agitation, are men who want crops without plowing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its waters. This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle! Power concedes nothing without a demand. It never did, and it never will. Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress."

Friday, July 10, 2009