News

Revelations in the Guardian that journalists at the News of the World use underhand methods to secure ‘juicy’ stories can be of no surprise to most of those who work in the newspaper industry; but the sheer scale of the illegal methods alleged to have been used and the ability of those within the organisation to turn a blind eye certainly is.

Whilst acting for Max Mosley in his much publicised case against the News of the World we came across first hand the methods used in obtaining its story by any means possible. Covert photography and filming, blackmail and dummy issues to name but a few. Indeed such was the methodology used by its ‘Chief Reporter’ Neville Thurlbeck, the journalist involved, that the Judge, Mr Justice Eady, called into question his credibility and the reliability of the evidence he gave. He said:

“The real problem, so far as Mr Thurlbeck is concerned, is that these inconsistencies demonstrate that his “best recollection” is so erratic and changeable that it would not be safe to place unqualified reliance on his evidence...”

Perhaps the most brazen of the tactics used by Mr Thurlbeck was the attempted blackmail of the women involved in giving their story to the News of the World. Mr Thurlbeck was happy to send these women emails in which he stated that either they give their story to him anonymously or else he would publish their photos for the world to see and of more concern, for their family and friends to see. When challenged in Court Mr Thurlbeck did not see anything wrong with this tactic and denied it was blackmail instead calling it “a choice”. Mr. Justice Eady was more clear when he said:

“It seems that Mr Thurlbeck genuinely did not see the point. Yet it is elementary that blackmail can be committed by the threat to do something which would not, in itself, be unlawful.”

During the trial, the Editor of the News of the World, Colin Myler, was questioned by the Judge whether or he felt this sort of behaviour was acceptable for a journalist of the News of the World. About this Mr. Justice Eady said:

“…it would appear that Mr Myler did not consider there was anything at all objectionable about Mr Thurlbeck’s approach to the two women, as he did not query it at any stage. This discloses a remarkable state of affairs.”

It would appear from the Guardian allegations that Journalists at the News of the World were happy to ride rough-shod over the Privacy rights of thousands of individuals when it came to trying to obtain the illusive front page exposé or exclusive. This is at odds with Mr Myler’s own statement after the News of the World was ordered to pay Mr Mosley a record £60,000 in damages together with his considerable costs when he stated:

“The News of the World believes passionately that its readers deserve to be informed of when the trust is placed in their elected leaders and public officials has been violated.

It is not for the rich and the famous, the powerful and the influential, to dictate the news agenda, just because they have the money and the means to gag a free press.

That is why the News of the World will remain committed to fighting for its readers' right to know.”

And in their own recent editorial when they stated:

“When politicians squeal about privacy, precisely whose secrets and lies do they really want to bury?”

The hypocrisy is breathtaking. The Guardian reveals that the News of the World has spent hundreds of thousands of pounds paying-off a Claimant in order to keep their own illegal practices secret.

The revelations are also likely to give rise to a number of further claims from those whose phones were bugged as it would appear that there has been a clear breach of the fundamental rights to Privacy as enshrined under Article 8 of the European Convention of Human Rights.

We may never know how many of this paper’s “stories” have been gained by use of illegal means but it is likely that the News of the World will have a lot of explaining to do before they can claim anything like the moral high ground again.

Tim Lowles is a solicitor in the Dispute Resolution team at Steeles (Law) LLP and worked as part of the team representing Max Mosley in his successful claim against the News of the World.  For more information about the above article or to speak with Tim about any media law matter please contact him on 020 7421 1720 or by email at media@steeleslaw.co.uk.