HC Deb 08 March 1995 vol 256 cc435-42

Motion made, and Question proposed, That this House do now adjourn.--/Mr. Andrew Mitchell.]

10.1 pm

Sir Michael Marshall (Arundel)

My reason for raising the invasion of privacy by television programmes stems directly from the experience of my constituents, Mr. and Mrs. Desmond Squire. I am authorised by my right hon. Friend the Member for Wiltshire, North (Mr. Needham) to say that it also stems from the experience of his constituents, Mr. and Mrs. David McAllister, and that of their son Duncan. My right hon. Friend is present; let me take this opportunity of expressing my gratitude for all he has done in pursuing the interests of both families, despite ministerial constraints. I believe that his presence tonight speaks for itself, as does the work that he has done in his constituency capacity.

I am also grateful for the interest of other hon. Members. The hon. Member for South Down (Mr. McGrady), who is also present, will know that in many senses the matter to which I refer results from the tragedy affecting the Province of Northern Ireland.

The complaints and remedies that I wish to advance in the short time available to me stem from the commissioning, production and screening of a film entitled "Beyond Reason" by Carlton (UK) Television Ltd. and Kensington Films and Television in prime time on 20 February 1995. The film related to the killing of my constituents' daughter—Penny McAllister, a young army officer's wife—by a woman soldier in Northern Ireland in 1991.

Let me say immediately that my concern—while inevitably concentrating on what I see as the invasion of the privacy of my constituents and those of my right hon. Friend—is not confined to that one film or to commercial television; similar concerns currently apply to the BBC. I shall point to other examples of objectionable television "faction", as it is described, and to documentaries in relation to which the relevant regulatory authorities have accepted complaints about invasion of privacy.

In assessing the extent of suffering that is caused to innocent victims of crime, particularly to families, I have been greatly assisted by a number of individual representations and, in particular, by the widespread evidence that was given to me by Victim Support. Its work shows many instances in which it has felt it right to question whether the retelling of sensational cases is in the public interest. Clearly, it feels that it is not. It sees cases where such retelling is deeply hurtful to the families and to friends of the parties involved, and where it delays the recovery from the ordeal from which many of them have already suffered.

At this stage, let me put the film "Beyond Reason" in the context of the 1994 report of the chairman of the Broadcasting Complaints Commission. He said:

We continue to be concerned by crime reconstructions particularly when they are based on cases which have occurred in the recent past. We feel it is very important that in the making of such programmes consideration is given to the position of the relatives of the victim. It is precisely that area—the position of the immediate families—that I wish to draw to the attention of my hon. Friend the Minister tonight. The detailed complaint that I have submitted on behalf of Mr. and Mrs. Squire, and that which my right hon. Friend the Minister for Export Trade has submitted on behalf of Mr. Duncan McAllister, have gone directly to the Broadcasting Complaints Commission, and we look to it to adjudicate.

I shall therefore endeavour tonight to avoid the detail of that particular complaint, and, indeed, much of the emotion that one feels about it, because I want to discuss some broad principles arising from such cases—conscious that my hon. Friend cannot be held responsible for the actions of the programme makers, but conscious, too, of the concern that he and my right hon. Friend the Secretary of State for National Heritage have expressed publicly on these issues. Above all, I want to take this opportunity to draw attention to the way in which the dice are loaded against families in such situations.

Let me first describe the situation that could apply to any family who becomes aware of a projected television programme, whether drama documentary or straight documentary, covering a crime reconstruction that involves a member of their family. If they object, what can they do?

There are, I believe, four relevant organisations with a regulatory role. First, there is the Independent Television Commission, which, under the Broadcasting Act 1990, operates general provisions which include the following terms:

that nothing is included in its programmes which offends against good taste or decency or is likely to encourage or incite crime or lead to disorder or to be offensive to public feeling. Secondly, in the case with which I am concerned in commercial television, there is the influence that is exercised by the ITV network, which effectively books programmes for prime time viewing. It is required by the Act to regulate in advance the content of programmes. It has confirmed to me, however, in the most straightforward way, that in practice that means reviewing a script, which is usually put to it some 18 months before transmission, and it has little or no say in what emerges in the final version.

Thirdly, as regards complaints, there is the Broadcasting Complaints Commission, which can look at representations made either directly by those affected or by those acting with their authority in cases of unjust or unfair treatment and unwarranted invasion of privacy.

Finally, there is the Broadcasting Standards Council, which can look into complaints about excessive sex or violence and general matters of taste.

But the problem with all those organisations, so far as my constituents and others in their situation are concerned, is that they are all—they admit freely—powerless to exercise any real influence until the programme has been shown and, in many cases, the damage done. That was the position faced by the Squire and McAllister families, as well as my right hon. Friend the Minister and myself in acting on their behalf.

In seeking to prevent the broadcasting of a programme such as I have described, there seem to be only two remedies, one of which is to seek an injunction to prevent the programme from going ahead. My advice is that that would require a case to be made showing either libel or defamation. Quite apart from the cost implication and the fact that legal aid is not available in bringing actions of that kind, common sense says that it would be well nigh impossible to prove such a case without access to the script or to a preview of the film, both of which were denied to my constituents and the McAllisters. There remains only the option of appealing to the film makers. The families affected by the making of "Beyond Reason" did so on many occasions. Their letters and the accounts of their meetings with the television executives concerned in the period from April 1994 to the eve of screening two and a half weeks ago, make heart-rending reading. They begged the film makers to cancel the project, and were fully supported by my right hon. Friend and by me.

What was the effect of all those representations? Obviously, the programme went ahead, and perhaps the best way for me to stand back from my feelings on the subject is to relate what some of those who were directly concerned in a professional capacity had to say. I turn to what can only be summarised as a barrage of criticism such as I have never seen before from those in the press who would be naturally inclined to support the argument for freedom of expression.

The Guardian said that this was

"the latest dubious recreation of a real recent crime. There was no good reason to use real names or for us to repeat them."

The Independent commented in an introductory disclaimer, adding:

"This is what passes for ethics in real life drama."

The Times stated:

"The real question is should this film have been made at all? I would say no, if only because of the objections of Penny McAllister's parents."

The Daily Telegraph said:

"We were in the ethically highly questionable world of 'faction'".

The writer in The Daily Express said:

"Beyond Reason was heralded by its publicity as impressive, compelling and a real-life story of a tragic affair leading to a fatal attraction murder".

She added:

"Well how about these for a few meaty adjectives to beef up the credits: disgusting, cynical, repellent, obscene, nauseating, cruel, heartless and twisted. Oh I watched it all right with mounting anger at the pain it would have caused Penny McAllister's parents."

Innocent victims of crimes, such as my constituents, were put through the whole process of aggravated suffering, with massive pre-television and press publicity, with the bringing back to life of their dead daughter, as well as the portrayal of themselves by look-alike actors. This offence is compounded by the re-creation of hairstyles, clothes and all the details that were required, whatever disclaimers are made, to give a calculated impression of total reality.

Again one asks, what can they and others in such situations do, and what remedies are open to them? As I have said, complaints have been submitted by my right hon. Friend and by me to the Broadcasting Complaints Commission, the Independent Television Commission, the Independent Television network and the Broadcasting Standards Council. They have all been made aware of the terms of those complaints, but they are all severely hampered in any action that they can take.

I am not prejudging what may happen, but I am aware that the serious thought which went into the latest revision of the ITC programme code as recently as last month shows the concern within that organisation. Plainly, the revised code still allows the programme makers to proceed without taking a blind bit of notice of the families concerned.

On the positive side, I am aware from correspondence with the ITV network that its commissioning policy is moving away from crime reconstruction, and I understand that, in some instances, that has been supported by those who are responsible for making programmes applying a self-denying ordinance. There is also evidence of real concern by TV industry leaders such as Mr. Michael Grade, and we should open up this debate.

The Broadcasting Complaints Commission provides the immediate opportunity for complaints in this case. It has upheld a number of relevant complaints, including, for example, that made against Granada Television for the dramatic reconstruction of a murder case in Scotland which was broadcast in 1993. Significantly, when "Beyond Reason" was shown on 20 February, it was preceded by an announcement on the screen giving the terms of a commission finding on another programme, when it upheld a complaint of invasion of privacy against "World in Action" from the parents of a murdered child.

That points directly to the fundamental weakness and lack of sanctions that are open to regulatory authorities such as the Broadcasting Complaints Commission. All that happens after such criticisms have been upheld is that there is a requirement for the commission's announcement to be published in the "TV Times", and to be shown briefly on the television screen.

As a sanction, that can be seen only as the merest slap on the wrist. There is no obligation on the broadcaster to indicate whether the criticism has been accepted, or whether it will lead to a change in policy. Above all, there is no requirement to apologise to the aggrieved party.

Under those circumstances, what can Her Majesty's Government and the House do to right what is clearly the manifest weakness and injustice in our systems? First, my understanding is that the Broadcasting Act 1990 must be reviewed in 1997-98. Removal of the old independent broadcasting authorities' right to view programmes before transmission, and the reliance on self-regulation no longer seems appropriate.

I urge the Government, therefore, to consider providing the Independent Television Commission with the power—where it has good reason to suspect that an intended programme may be in breach of either the spirit or letter of the code—to call for a screening of that programme before transmission and, if necessary, to order its withdrawal. A similar power should be extended to the ITV network.

Taken together, those proposals would provide the possible sanction and deterrent against sensationalism and the "ratings at all costs" approach, which underlies some of the problems that I have described. They would go a long way to ensuring that programmes were truly receptive to the views of families.

Secondly, I understand that Her Majesty's Government are considering the possible merger of the Broadcasting Complaints Commission with the Broadcasting Standards Council. I urge that that should take place in the near future. It is clear that problems exist for people who make complaints, because they are put from one organisation to the other. There is necessarily a close interrelationship between unfair and unjust treatment, invasions of privacy, and judgments of taste in relation to such matters as sex and violence.

Thirdly, the situation that I have outlined is an additional reason for giving urgent consideration to introducing legislation that would cover the statutory right to privacy. In that sense. I support the thrust of the 1990 Calcutt report and of the most recent of his reports, which puts forward the idea of a new tort of invasion of privacy.

I have noted that that last proposal has attracted the support of the Select Committee on National Heritage in its fourth report on privacy and media intrusion, to which the Government are due to respond. That Committee's concern, and that of Calcutt, were primarily with regard to the press, but those same principles should apply in considering ways in which the people affected by television could be covered.

I cannot end without adding that I have tried, as far as possible, to stick to arguments of principle, despite deep feelings on this matter. Much might be said about a position that has clearly appalled even insiders in the industry. Having seen the ways in which programme makers can ride roughshod over the wishes of the families concerned—so that, as one family member has said, "they are playing God with our lives"—

I am clear where the public interest lies in these matters. It must surely be in providing real checks and balances, and real deterrents and ways in which the sufferings of constituents, my right hon. Friend the Member for Wiltshire, North and myself may be avoided for others.

10.17 pm
The Parliamentary Under-Secretary of State for National Heritage (Mr. Iain Sproat)

I congratulate my hon. Friend the Member for Arundel (Sir M. Marshall) on the persistence that has resulted in his getting a debate on this deeply serious and tragic subject. I have listened carefully to his concerns about the difficult and important subject of media intrusion into private lives.

As so many individual cases have shown, the line between a legitimate public interest in the issues involved, and the rights of individuals to privacy and fair treatment, is not a clear and definite one. That must be more so when the issues are presented as scripted drama, with the tensions of that genre highlighting individual circumstances, involving particular and identifiable people.

It is not for the Government to comment on the artistic merits of the drama "Beyond Reason". My hon. Friend will understand the long established convention that Government do not normally become involved in individual production or programming decisions. What the Government have done is to establish the independent Broadcasting Complaints Commission precisely to deal with the sort of problems raised tonight about this play.

The adjudicatory approach of the Broadcasting Complaints Commission allows persons affected by a broadcast, where they feel that they have suffered unfair treatment or an invasion of privacy, to make a complaint and receive a full hearing, legally represented if they choose. If their complaint is upheld, a summary will be published in the appropriate television programme guide, as my hon. Friend said, and the findings broadcast in a prominent position in an evening schedule.

My hon. Friend described this as a mere slap on the wrist, and I can well understand why he so described it, but the Government's intention was that the thorough adjudication process should leave both sides with a better understanding for the future of where the boundaries lie.

Broadcasters have, I believe, generally shown respect for issues of privacy. Of the 13 complaints made to the commission between April 1993 and March 1994, only one was fully upheld, and four were upheld in part. In the current year, the commission has dealt with 23 complaints of unwarranted invasion of privacy, of which three were upheld and one upheld in part.

The general programme code published by the Independent Television Commission, the BBC's producer guidelines and the Broadcasting Standards Council's code of practice all provide a sound framework within which the broadcasters consider to what extent they are entitled to use material that identifies individuals, or incidents from the recent past.

I can assure my hon. Friend that the Government intend at the earliest opportunity to merge the Broadcasting Standards Council and the Broadcasting Complaints Commission. The Government, too, recognise the close relationship between their functions and believe that members of the public will appreciate the clarity that the merger will bring.

My hon. Friend suggested that it may be preferable to allow the regulatory bodies to preview controversial programmes. It is a very interesting idea, and I shall look at it closely. He may wish to have a meeting with me on the subject, so that we can pursue these matters at greater length than is possible during an Adjournment debate.

The Government usually take the view that, in a mature society, censorship or prior restraint is undesirable and contrary to the right of free expression enshrined in the European convention on human rights. The approach adopted in this country—that of self-regulation by the broadcasters against a framework of guidelines and codes of practice—has always been considered the best way to balance the right to freedom of expression with considerations of taste, decency, privacy and fair representation. Viewers then have every opportunity to express their opinions on particular programmes, and can be seen to be influencing programming decisions themselves.

If a commercial broadcaster persists in flouting the ITC's code—section 3.7 deals specifically with drama documentaries—the commission may impose financial sanctions, and ultimately withdraw the broadcaster's licence. The BBC is responsible, under the royal charter, for responding to similar complaints.

The Government are absolutely not complacent where issues of privacy are involved. As with the portrayal of sex and violence on television, we are currently looking closely into the matter of privacy. It is under review at the moment, as we recognise it to be an area of great concern across all forms of media production, written and audio-visual. We shall, before long, be publishing a White Paper on privacy and media intrusion, and it is, of course, possible in the light of this that the regulatory bodies may be prompted to clarify further, strengthen or otherwise change existing guidelines and codes of practice.

I noted my hon. Friend's observation that it is time for the enactment of a statutory right of privacy. In the light of the forthcoming White Paper, I cannot comment on that this evening, beyond what I have already said, but I have noted my hon. Friend's views. As I said, I should be extremely keen to discuss the matter further with him and, indeed, with my right hon. Friend the Minister for Export Trade if he so wishes, given his close interest in the matter.

My hon. Friend has spoken eloquently on behalf of his constituents, whose daughter was depicted in the drama "Beyond Reason". I am told—indeed, my hon. Friend mentioned this in his speech—that the makers of the play, which I have not yet seen, in their introductory script, were acutely conscious of the topicality of the play's subject matter, of the need to take into account whether publication was in the public interest, and of the need for care and sensitivity in the treatment of the reconstruction of the crime. However, having heard my hon. Friend's comments, I have asked my officials to get me a video of the film so that I can see it before I have the meeting, which I hope I shall have, with my hon. Friend.

I know that my hon. Friend has made a complaint on behalf of Mr. and Mrs. Squire to the Broadcasting Complaints Commission, and that the commission has entertained his complaint. I can do no more tonight than to take note of his concerns, and to await that adjudication.

Question put and agreed to.

Adjourned accordingly at twenty-five minutes past Ten o'clock.