The expert group, charged with advising how Lord Justice Leveson's proposals for regulation of the press could best be implemented in Scotland, had its hands tied from the outset.
The expert group, charged with advising how Lord Justice Leveson's proposals for regulation of the press could best be implemented in Scotland, had its hands tied from the outset.
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Its members were required to recommend the most appropriate means of achieving statutory underpinning. That prevented an examination of whether such legal enshrinement was necessary, advantageous or a slippery slope towards statutory control.
As a result, the group chaired by Lord McCluskey has proposed a model mirroring that outlined by Lord Leveson for an independent non-statutory regulatory body overseen by another body, also independent, but whose duties and powers are set out in law. They recognised this as a potential problem because they found it necessary to state that "all important institutions in a democracy", including charities, churches and trade unions, are subject not only to the rule of law but also to particular statutory restrictions, yet preserve their independence and freedom from political interference.
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Devil in the press regulation detail
The expert group, charged with advising how Lord Justice Leveson's proposals for regulation of the press could best be implemented in Scotland, had its hands tied from the outset.
Its members were required to recommend the most appropriate means of achieving statutory underpinning. That prevented an examination of whether such legal enshrinement was necessary, advantageous or a slippery slope towards statutory control.
As a result, the group chaired by Lord McCluskey has proposed a model mirroring that outlined by Lord Leveson for an independent non-statutory regulatory body overseen by another body, also independent, but whose duties and powers are set out in law. They recognised this as a potential problem because they found it necessary to state that "all important institutions in a democracy", including charities, churches and trade unions, are subject not only to the rule of law but also to particular statutory restrictions, yet preserve their independence and freedom from political interference.
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We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules, which are available here.
Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.
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