Leveson: what if we simply apply existing laws?

Given that, in my professional life, I spend rather a lot of time applying the fruits of our legislative process, and that my behaviour is constrained by a specific Act (the Commissioners of Revenue and Customs Act 2005), I perhaps have a conservative view on producing more legislation as a solution to a new or emerging problem.

The notion of putting press regulation onto a statutory footing is a troubling one in a number of ways. Freedom of the Press is part of a framework of protections that serve to constrain the State, offering scope for alternative viewpoints and debate on the issues of the day. To place restrictions on that freedom is to attack our civil liberties, and to justify such a move, other freedoms must be enhanced.

And just because elements of our media have behaved illegally, we should not lightly consider our response. Most of the offences committed are already punishable by law, and it would be nice to know that, if information is sought by illegal means, that those who are guilty will bear the consequences of their actions, with prison time as appropriate.

However, there is a bargain here, in that in return for the freedom on offer, there are some obligations, ethical ones for the most part. For example, if a police officer is selling information, not only should a journalist not buy it, but he or she should report the crime that is being committed. And on what planet do acceptable ethics allow the hacking of e-mails or voice mails?

And then there are the likes of Guido Fawkes, whose almost total disregard for ethics can best be demonstrated by the corporate structures used to make him and his associates almost entirely unaccountable. It is nice that he sees himself as a fighter for truth and beauty against an overbearing State, but as a poster child for liberty, he isn't exactly stainless.

There is no doubt that self-regulation hasn't worked, but even less doubt that State regulation of our media is a recipe for levels of interference that liberals should be wary of.

So, let's cut a deal. Leave self-regulation in place and encourage the media to do it better, and ensure that when journalists commit crimes that the punishment reflects the fact that they're doing it for profit. That's an aggravating factor for sentencing purposes, isn't it?...