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The phone hacking scandal gets an extra dimension

The phone hacking scandal gets an extra dimension

Released Thursday, 7th December 2023
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The phone hacking scandal gets an extra dimension

The phone hacking scandal gets an extra dimension

The phone hacking scandal gets an extra dimension

The phone hacking scandal gets an extra dimension

Thursday, 7th December 2023
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Episode Transcript

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4:00

who got a director general who

4:02

is himself not a very experienced

4:04

journalist or broadcaster. He's more comfortable

4:06

commercial background. I think having someone

4:09

to balance him who has got that

4:11

editorial background. But he's going to

4:13

be stress tested in this job almost from

4:15

day one. And I think the

4:17

truth is we don't know enough about

4:20

Sami Aisha and whether he's had that

4:22

kind of bruising experience and how he's

4:24

going to stand up to it. What

4:26

we do know is perhaps the selection

4:28

process was a little less tilted than

4:30

it was when they thought of

4:32

getting Paul Dacre into Ofcom and

4:34

former... Glad you mentioned that. And

4:39

former Telegraph editor, Sunday Telegraph

4:42

editor, spectator editor to Charles

4:45

Lord Moore in as chairman of

4:47

the BBC. That was under the

4:49

Johnson. Well that segues nicely to

4:51

the latest knockback in my campaign

4:53

to get the BBC to acknowledge

4:55

that Theresa May's former press secretary

4:57

and BBC director did try to

5:00

interfere in the process to get

5:02

the chair of the BBC's regulator

5:04

Ofcom fixed. And

5:07

I had a very dismissive letter

5:09

the end of last week from

5:11

Dame Ellen Closstevans who's the acting

5:13

chair of the BBC, which

5:17

basically said, look, I've asked Robbie Gibb about

5:19

this and he's told me everything is fine.

5:21

So can we please move on? And I

5:24

don't think that's a very satisfactory answer. We

5:27

now have to move on to the next phase of

5:29

the campaign. Well Alan, I read that letter

5:31

and it was pretty dismissive,

5:34

very short. And if

5:36

I could stretch the metaphor and you

5:38

are the terrier with some trousers in

5:40

your mouth, bits of trousers, because you're

5:42

not going to let go. Basically, Dame

5:45

Ellen gave you a pat on the head and

5:48

said, now, now don't get

5:50

too excited and please go back to your

5:52

kennel. The reason

5:54

I'm keeping going with this is that the

5:56

BBC swears by the Nolan principles which are

5:59

all about Oprah. us on accountability

6:01

and they explicitly say we shall

6:03

be open about everything unless there's

6:05

an overriding reason

6:08

not to be. It's clear that

6:10

nobody has now denied that Robbie

6:12

Gibb tried to fix this appointment.

6:15

And I just think the BBC has got

6:17

itself into a terrible position of covering

6:20

up for whatever Robbie Gibb did. And

6:23

it would be much better to just come and explain what

6:25

Robbie Gibb did if there's a good reason, then

6:27

we should hear about it. Anyway,

6:29

I'm now approaching various media shows,

6:32

various BBC shows and I've started

6:35

with the media show and I

6:37

tweeted Katie Rassell yesterday on

6:39

Twitter. So I'm waiting, baited breath to see if the

6:41

BBC will allow me to go on to the BBC

6:44

to talk about that. But

6:46

moving on from that, Lionel, is the

6:48

latest twist in the Telegraph story. Explain

6:51

it. Yeah, well,

6:53

I'll try very briefly. But the

6:55

good news if you're a banker

6:57

and work for Lloyds Bank is

7:00

that you've actually got your billion

7:02

pounds back, which you

7:05

basically never thought you were going to get

7:07

the whole money back, which half of which

7:09

was lent to the Barkley twins back

7:11

in 2004 when they

7:13

bought the Telegraph group. And

7:16

of course, as I've said before on this

7:18

distinguished show, we are talking

7:20

about walking bankrupts. They may have owned

7:22

the the Ritz, but they got massively

7:25

extended and they couldn't pay back this

7:27

debt. And that

7:29

now, thanks to the

7:31

Gulf investors, notably

7:34

from Abu Dhabi, that's where they this

7:37

IMA in media investment group, they

7:39

basically teamed up with the Americans,

7:42

Jeff Zuker, ex-CNN called Redbird,

7:45

and they put the money up to

7:48

pay off the loan, the delinquent

7:50

loan to Lloyds. And then

7:52

they will convert that loan, which

7:54

they essentially given to the Barclays to pay it back

7:56

into equity so they can buy the Telegraph. So you

7:58

may have heard that. understood that, haven't you?

8:01

I'm not going to give you an exam

8:03

paper. So debt for equity spot, Barkley

8:06

twins bailed out essentially by Gulf

8:08

investors and Jessica, who then

8:10

want to buy the telegraph. But the

8:13

government has intervened to say,

8:15

well, actually, we need to look at this

8:17

bid because a Abu

8:19

Dhabi investment group is essentially part

8:21

of a state agency. And

8:24

what's the record of the Abu Dhabi government

8:27

towards a free press? And

8:29

on those grounds, they're going to refer

8:31

it under a public interest notice. The

8:33

Culture Secretary, Lucy Fraser, wants a

8:36

recommendation or a ruling, an

8:39

opinion by January. Now,

8:42

then it could go to a

8:44

deeper investigation by the Competition and

8:46

Markets Authority. So to sum

8:48

up, I think good news if you're a banker,

8:51

bit disappointing if you're the Barkley

8:53

family, because you've lost your newspaper

8:55

group. And slightly

8:58

frustrating if you're Jeff Zucker and

9:00

the Abu Dhabi people because the

9:02

government's ordered a review. That was

9:04

clear as Crystal, Lionel. Your

9:07

lineage is a great editor. Explanation.

9:13

So the overall timeline is going to

9:16

be how long before we know,

9:18

I'm assuming the CMA to take a deeper

9:20

dive into this. How long is it going

9:22

to be before this is decided? I think

9:24

it's till the end of the year, maybe

9:26

even after the election. I mean, the

9:29

way I read it, I'm interested in

9:31

what you think, Alan, but the current

9:33

state of the ruling Conservative Party is

9:36

such that even though they

9:38

will be worried, the government will be

9:40

worried about offending the

9:42

UAE, the United Arab Emirates,

9:45

which is Abu Dhabi.

9:48

They're big investors in the UK. I

9:50

just think that the campaign waged by,

9:53

we were mentioning earlier, Lord Moore, Charles

9:56

Moore, you've got Ian Duncan

9:58

Smith, the regular contributor. down the

10:00

Telegraph, they've got their

10:02

readers all whipped up to write in

10:05

saying you can't possibly hand over the

10:07

Telegraph group to a foreign state entity

10:09

that doesn't believe in press freedom.

10:11

It's a strong argument and that's why

10:14

I think the government will refer and

10:16

there's going to be a longer investigation.

10:19

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10:42

So

10:47

we're now joined from Mexico

10:50

City by Nick Davis, an

10:52

old colleague from the Guardian who broke

10:54

the original phone hacking revelations beginning in

10:57

2009. Nick, yesterday in the High

11:02

Court in London there was a

11:04

settlement with Chris Hoon, a former

11:06

Lib Dem MP and

11:09

other politicians and people. What

11:13

caught your eye in this

11:15

case involving Chris Hoon? I

11:17

thought there were two big headlines. First

11:20

that the Murdoch people carried

11:22

on hacking voicemails for

11:25

many years longer than we have

11:27

previously understood and did so in

11:29

a way which was so

11:32

reckless if the evidence

11:34

is reliable as to suggest

11:36

they're just mad. It was just bonkers what

11:38

they were doing if indeed we can rely

11:40

on the evidence. And there's a

11:42

second headline in there which is that

11:44

whereas all of the hacking we knew

11:47

about already was about trying to get

11:49

stories about people's personal lives, this

11:51

or at least a significant part of it

11:54

appears to have been devoted

11:56

to advancing Rupert Murdoch's commercial

11:58

interests. his attempt

12:00

to take over all of B Sky B.

12:03

And the implication of that is

12:06

that if there were senior people organizing

12:08

it, it wouldn't be the familiar names

12:10

from the News of the World Newsroom.

12:12

It would be somebody high up in

12:14

the hierarchy on the other side of

12:17

the company. And somewhere up there, there's

12:19

not only Rupert Murdoch, but more immediately on the

12:21

scene, of course, his son James. So

12:24

in all of this, we need to keep a health

12:26

warning in mind that we

12:28

can talk about the evidence. But the bottom line is,

12:30

I would describe it

12:33

as a strong case of

12:35

circumstantial evidence, which falls short

12:37

of anything like a smoking gun. There

12:39

isn't an email from A to B

12:42

saying, guess what? I just hacked Chris

12:44

Hume's email and discovered the following info.

12:46

So as circumstantial cases go, it's strong,

12:48

but it's not, I think, it's

12:50

not without that. So just

12:52

to remind people of the chronology, 2009,

12:55

you published the revelations that it

13:01

was not just one rotten apple. The

13:04

phone hacking was widespread, and

13:07

indeed the board of News

13:10

International, if I've got the

13:12

right entity, agreed

13:14

a really a million pound payoff

13:16

to keep the secret. So at

13:19

that point, it became known that this was a

13:21

more widespread problem. 2010,

13:23

coalition government comes in, and that's

13:25

the Lib Dems and the Conservatives.

13:27

So that's the significance of people

13:30

like Vince Cable and Chris Hughes

13:32

swimming into view. Can I, at the

13:34

risk of interrupting like a rudely dog,

13:36

can I take you down a slightly

13:38

different route? In order to make sense

13:40

of this, you're going to have to understand two things

13:42

about the circumstantial evidence. And we

13:44

need to get that in place before we can make

13:47

sense of the timeline. Go on. Okay,

13:49

so when we talk about the circumstantial evidence here,

13:51

some of it is kind of familiar stuff where

13:53

people say, Oh, yeah, I remember my mobile phone

13:56

would go and when I picked it up, there

13:58

was nobody there. If

14:00

you're going to hack someone's voicemail, you have

14:02

to get through when they're not answering the

14:04

phone. So there's stuff like that and people

14:07

saying, I would show up for some meeting

14:09

and there would be a photographer there. How

14:11

the hell did they know I was going

14:13

to be there? And they're publishing stories. How

14:16

on earth did they get this information? So

14:18

there's that kind of foundation layer of circumstantial

14:20

evidence. And then there are two things which

14:22

they've extracted, two types of evidence which they've

14:25

extracted from the Murdoch company on

14:27

the orders of the judge hearing the case. Now,

14:29

the first of that is records of

14:32

payments to private investigators. And

14:34

the second, which is the most important, is

14:37

the records of phone calls made

14:39

from Murdoch HQ in

14:42

Whooping to the three senior Lib

14:44

Dem MPs we're talking about here,

14:46

Chris Hune, Vince Cable, and Norman

14:48

Lam. Now, the

14:51

key thing is that the private investigators and the

14:53

calls, because what you see over a period of

14:55

time is dozens and dozens

14:57

of calls. There's nearly 900 calls

15:00

come from the Whooping Murdoch

15:03

building to these three MPs. And

15:05

the three MPs say that we were getting

15:07

calls from the Sun or the News of the World, which

15:10

the people involved here, what are these calls

15:12

for? And some of them are

15:15

suspiciously short. A reporter calls

15:17

a politician. It's going to be a

15:19

complicated conversation, at least 10 minutes, maybe

15:21

longer. This is a minute or two

15:24

over and over again. And the key

15:26

thing is these two interesting bits of

15:28

evidence, the private investigator invoices and

15:31

the calls from Whooping, happen in

15:33

clusters. OK, so

15:35

if we apply that circumstantial

15:37

evidence to a timeline, you

15:40

see a very interesting picture developing. So

15:42

first of all, come to late 2005,

15:44

early 06, Charles

15:49

Kennedy is the leader of the liberals.

15:51

There's a problem with alcohol. And

15:54

he loses the leadership. And

15:56

there's an election with four candidates.

15:59

And there is tremendous. this activity by

16:01

the news of the world in the sun

16:03

hiring private investigators, we can see the payments

16:05

going through and these calls,

16:08

these short mysterious calls and

16:10

there's a particular feature of these calls. If you're

16:12

making a call from the whopping building out, you

16:15

can use your direct line, but that means that number

16:17

is going to show up on your

16:20

target's phone. What you can also do

16:22

is to phone through what they call

16:24

the hub number. That means

16:26

that all that's going to show up is

16:28

the main switchboard number, which is risky, but

16:30

at least it doesn't come to you. The

16:32

overwhelming majority of these nearly 900 mysterious

16:35

calls are coming through the hub

16:37

number. So it's short hub number

16:39

calls suddenly in a cluster around

16:41

the Charles Kennedy story and the

16:43

election bid. That's important

16:45

to us because we know for sure they

16:48

were voicemail hacking at that time. And

16:50

two of the targets of that hacking,

16:52

Simon Hughes and Mark Oton have separately

16:54

settled and it's been accepted that

16:57

they were being hacked. So that means

16:59

that we know what hacking looks like

17:01

in terms of those two kinds of

17:04

key evidence. Later that year,

17:06

everything goes wrong when the police bust

17:08

the news of the world's role correspondent,

17:10

Clyde Goodman in August 2006, seven months

17:14

after the election. And

17:17

we understood that at that point

17:19

they were so traumatized by Inspector

17:21

Knuckert coming through the door that

17:23

they stopped doing this. But we

17:25

need to just focus on the

17:27

politics here because as you

17:29

say, this is an intervention

17:32

in order to, I'm using

17:34

Chris Hunes very lively word

17:36

here, compromise. I think

17:38

he's probably wrong actually. Well,

17:40

you could correct me. But the point

17:43

is these tentacles that trying to influence

17:45

the political process by holding

17:47

damaging information against key people. Yes.

17:49

The difficulty here is that you

17:51

understand the evidence is only circumstantial

17:54

and the Murdoch company are paying

17:56

out a settlement, but as ever

17:58

denying liability. this didn't

18:00

happen, but we'll pay Chris Hume to go

18:02

away. If you see the evidence

18:04

in the way I'm laying out, you can see

18:06

how powerful it is, albeit it's not quite 100%.

18:09

So the point is, come to the spring of

18:12

2009. As

18:14

far as the official version of events is

18:16

concerned, all of the phone hacking has stopped.

18:18

And suddenly, the news of the world

18:21

in the sun pick up on Chris

18:23

Hume as a target. He's seeing somebody

18:25

he's not married to. And suddenly,

18:28

you've got this cluster of PI activity,

18:31

and mysterious short phone calls

18:33

from the whooping hot number.

18:36

So that suggests, amazingly, to

18:38

me, that they were still doing

18:40

it, even though they knew the trouble it caused. So

18:43

then what's what suggests to me that they

18:45

really do think the Murdoch company really does

18:47

think it's above the law, and it can

18:50

do what the hell it likes, is

18:52

that they carry on doing that. At

18:54

various moments when you have these clusters, after

18:57

the Guardian starts publishing these stories that

18:59

cause them such trouble, in within days

19:01

of the Milly Dowlah story in July

19:04

2011, there are clusters of

19:06

PI activity and mysterious hubcalls

19:08

going into Vince Cable. It

19:11

continues. There's a phase in December

19:13

2011, when

19:15

Lord Justice Levison is sitting

19:17

hearing evidence. And based

19:19

on the material that's come out here,

19:21

they're still hacking phones. While

19:24

that's going on, do you see this is

19:26

reckless to the point of madness? What do

19:28

you think you're doing? Okay, on

19:30

the way through that phase of

19:32

this evidence suggesting the hacking continue,

19:35

there's a really, really interesting phase

19:37

around Murdoch's attempt to take over

19:40

B Sky B. So what

19:42

happens here is that we have

19:44

the election in May 2010, the

19:46

coalition is now in government. On

19:49

June the 10th, the

19:52

Murdoch's very smooth French

19:54

lobbyist, Fred Michel, do you remember him from the 11th?

19:57

Know him well. He's

20:00

our spokesman for President Macron. I

20:02

understand. So

20:05

he goes in to see Norman Lamb,

20:07

senior Lib Dem MP. And at

20:09

this point, he is the parliamentary

20:11

private secretary to the deputy prime minister,

20:14

Nick Craig. And if you're Fred Michel,

20:16

Nick Craig is your target. You've got to stop

20:19

him getting in the way of this bid. So

20:21

five days before the bid is announced, Fred Michel

20:23

goes to see Norman Lamb. And

20:25

guess what? There are six short

20:27

hub calls to Norman

20:30

Lamb's phone on and around that

20:32

day, June the 10th. And there

20:34

are six others to Vince Cable. And

20:36

Vince Cable is important because

20:38

he's the business secretary. He's the

20:40

guy who's going to decide whether

20:43

to issue an intervention notice and

20:45

start investigating the competition implications of

20:47

the bid. And they don't want

20:49

that to happen. So that

20:51

cluster of phone calls at that moment

20:53

looks very much like somebody on the

20:55

commercial side, not looking for blackmail stuff

20:58

and compromise, but just trying to find

21:00

out which way the ball is bouncing

21:02

so that Fred can do his better

21:05

than perhaps he might be able to at the

21:07

meeting with Norman Lamb. Okay, so

21:09

then an interesting thing happens. courtesy of

21:11

Allen's initiative, the New York Times at

21:13

the beginning of September publish a big

21:16

story. And everybody in Murdoch Towers is

21:18

running around yelling because it makes them

21:20

frightened. And Rebecca

21:23

Brooks writes to Fred Michelle an email

21:25

saying, what can we do? Fred

21:27

Michelle writes back, in terms of slightly chilling,

21:29

as you will see, he says, the

21:32

key will be for prominent Lib

21:34

Dems like Clegg and Hugh to

21:36

stay silent on it. And I

21:38

think they will. Matthew, that's

21:40

Matthew Anderson, head of PR at Murdoch

21:42

company. Matthew and I are meeting

21:44

with Colin Myler, that's the news of the world

21:47

editor to talk about it this afternoon. That

21:51

meeting itself, Professor Bursa

21:53

short calls from the NGN hub to our

21:55

Lib Dems targets. What then

21:58

happens is this a few weeks later, who

24:00

was one of the lawyers and

24:02

also Tom Watson who was

24:05

on the DCMS committee. Yes,

24:08

but A, we already knew about that

24:10

and B, the targeting of those two,

24:12

that little character called Derek Webb who

24:14

specialises in following people without being seen

24:17

and he calls himself, I think it's

24:19

Silver Shadow, something very dramatic and groovy.

24:22

But we haven't got the mysterious hubcalls with

24:24

those two. No, no. No.

24:28

And this is what is very shocking. You know what, Nick, was you and I

24:30

were in the middle of all this and I don't

24:32

think it ever occurred to us that they would

24:34

be so bold, so reckless, so bonkers as

24:37

to carry on doing it while they were lying

24:39

to the world about the fact that they had

24:41

been doing it and we were snapping at their

24:43

heels. Well, reckless but

24:45

not bonkers, Nick, because what

24:48

you've described very clearly is

24:50

corporate espionage on

24:52

an extraordinary scale

24:54

but with a view to

24:57

completing, they wanted that deal. I

25:00

know that because we went through this covering

25:02

this bed. We know the amount

25:04

of pressure that Ed Richards was under as

25:06

head of Ofcom at the time. This

25:08

was a high, high stakes deal.

25:11

So what you've described is a

25:13

completely new dimension, if

25:16

it's all true, and we can

25:18

be pinned down, but a completely new dimension

25:21

of the phone hacking scandal. Yeah, that

25:23

is exactly how I see it. And

25:25

you might build in some evidence, of

25:27

course, that came out at the Leveson

25:29

Inquiry that once Vince Cable was ousted

25:31

from his position with the assistance of

25:33

the surveillance, he was replaced

25:35

by Jeremy Hunt. Fred

25:38

Michel then constructed a

25:40

secret section to Jeremy

25:42

Hunt's special advisor. It was called Adam Smith.

25:45

At the Leveson Inquiry, we were able to

25:47

see Fred Michel's messages back to HQ. He

25:50

knew everything that Jeremy Hunt was

25:52

up to and thinking, and it

25:54

was extremely tempting to consider that

25:57

Hunt knew that back channel was big.

26:00

clearly, clearly, this is not a likelihood, this

26:02

is clear in the evidence. He wanted that deal

26:04

to go through and there's another thing here. We

26:06

haven't quite got to the end of this subject,

26:08

but we're only just beginning this aspect of it.

26:10

Were they also hacking Jeremy Hunt and

26:13

Adam Smith? Why wouldn't they? If they're, in

26:15

my language, mad enough to do this, why

26:18

wouldn't they complete the picture and try and find out

26:20

what Jeremy Hunt is saying? Well, we know

26:22

it was systemic because the previous Culture

26:25

Secretary, Tessa Jowell, was also being hacked.

26:27

But back along, that's all pre- Yeah,

26:29

I know, but it's part of a

26:32

pattern in which the

26:34

Murdoch organisations just decides they will

26:36

hack anybody who might be- Apparently,

26:38

yeah. You catch my

26:40

assumption, I don't have

26:42

the kind of Murdoch magnet in the megalovania.

26:44

I reckon if your main man gets busted

26:46

and logs up, you're inclined to walk away

26:48

from committing the crime. Wrong again. The final

26:51

question, Nick. I mean, Prince Harry has

26:53

got to go ahead to continue his

26:55

actions. Do you think

26:57

that any of this, at the moment,

26:59

as you say, the Murdoch organisation is

27:01

just paying out huge sums to keep

27:03

this from getting into court? Do

27:05

you think the truth will ever be

27:07

revealed? Well, I think the litigation is

27:09

being remarkably effective, the drinking bits of

27:12

the truth out because although each time

27:14

the case is stopped, we lose the

27:16

fine detail and the opportunities across examine

27:18

people. We're getting evidence in open court.

27:21

Apparently, Murdoch has now paid

27:23

up £1.2 billion in

27:25

dealing with the phone hacking saga.

27:29

My worry about it all

27:31

is that this litigation, while

27:33

fascinating, will never develop the

27:35

political clout we need if

27:37

we're to set up an independent regulator who

27:40

might stop the feral newspapers

27:43

spraying the public domain with falsehood

27:45

and distortion because it's too easy

27:48

for the bad guys at the dark

27:50

end of Fleet Street to say, well, okay, these

27:52

bad things went on. But it was all a

27:54

long time ago before we set up a lovely

27:56

new regulator, Ipso, which I don't trust at all.

28:00

I think we can get quite a lot of truth out in this

28:02

way, but I don't think we're gonna get the political change we so

28:04

desperately need. Well, Alan, I know

28:06

that you worked with Nick for

28:09

years on the phone hacking story. I

28:11

was following it from a slight distance, but I have

28:13

to say I was just blown

28:16

away by what Nick was saying, because

28:19

this is not celebrity phone

28:21

hacking. This is not the

28:23

news of the world working

28:25

with underground PRs. This is

28:27

operating at the heart of

28:29

politics and business and

28:32

showing how it appears,

28:34

gotta be a bit careful here, but

28:36

News International employing private detectives

28:40

to listen in or contact

28:42

politicians who were involved or

28:44

could be useful when

28:46

it came to the bid to take

28:48

over full control at Beast Guy B.

28:51

And this was a deal I know that

28:53

News International and Mr. Murdoch's company, Rupert Murdoch's

28:55

company, were desperate to complete, and they put

28:57

tremendous pressure on the government. But what we

29:00

didn't know was this level of, well,

29:02

frankly, corporate espionage. I

29:05

think it's confirmed what we have always

29:07

known about Rupert Murdoch, that he's interested

29:10

in the power of being a publisher.

29:13

He's interested in the power he has over politicians

29:15

when it comes to the deals that he wants.

29:18

So his business interests are crucial there. But

29:21

this is, I think, the curtain

29:24

being drawn back on how

29:26

the relationship between the newspapers,

29:28

how he can use his tabloids, he

29:31

can involve private investigators and criminal

29:33

methods in order to get the

29:35

dirt on people, in

29:37

order, as you say, to spy on people

29:40

who are involved in the deals. And

29:44

it's a bit like the Fox Dominion

29:46

story. It's a very ugly

29:48

picture of what

29:51

the Murdoch organization does and how they

29:53

really don't care what people do in

29:56

terms of the law, in terms of

29:58

policing, in terms of scrutiny for the law. from other

30:00

media, they feel they're above it

30:02

all. And they feel that they're above it

30:04

all, even after the revelations

30:06

that led to the Leveson inquiry. And

30:09

indeed, Alan, again, took my breath

30:11

away. The phone hacking

30:13

was going on during the Leveson

30:15

inquiry. Going on during the Leveson

30:18

inquiry, they were bugging the lawyers

30:20

who were suing them. They

30:23

were bugging the politicians who were sitting

30:25

in on the select committees that were

30:27

interrogating them. They

30:29

didn't care. It's a very

30:32

stark picture of the

30:34

monopoly power of Rupert Murdoch and the

30:36

way that he uses it. And

30:38

even when we come to talk

30:41

about the telegraph and

30:43

why plurality in the media matters,

30:46

you can't allow the buildup of

30:48

these huge forms

30:50

of power, these huge blocks of

30:53

power in the media because you

30:55

can see what happens. Everyone just gets frightened.

30:59

They're too frightened. I saw it when we were

31:01

reporting that story. The police

31:03

were too frightened to do a proper investigation.

31:06

The rest of the media were too frightened to

31:08

report it. The politicians were too frightened to

31:11

intervene and the regulator was too frightened

31:13

to do anything about it. I

31:15

mean, if that's not the biggest threat

31:18

to democracy that you can have, I

31:20

don't know what is. The good news

31:22

is though slowly but surely, the

31:24

full truth is coming out through these court

31:27

cases. The claims are being settled out of

31:29

court but the details are seeping out and

31:31

now we are seeing the bigger

31:33

picture. The full picture. Yeah,

31:35

it's an alliance between the reporting and

31:38

the court cases. It was Nick's reporting

31:40

that set this all off which

31:42

was one of the most remarkable

31:44

pieces of reporting. It was my privilege

31:47

to be associated with and

31:50

then the law takes over. I'm

31:52

slightly disappointed, I have to say, in

31:54

the reporting of the

31:57

ongoing cases in Focaine. like

32:00

the media's got border phone hacking and things. So

32:02

we're bored with that. And they can't see the

32:06

importance of the developments this

32:08

week. Next on Media

32:10

Confidential, we'll hear from Pat Young on

32:13

the future funding of the BBC. Check

32:27

out the current edition of the magazine and

32:29

the prospect podcast that's out now. Samuel

32:54

Moyn is Chancellor Kent Professor of

32:56

Law and History at Yale University.

32:59

And in the podcast, he discusses the article

33:01

he wrote for the cover of Prospect Magazine

33:03

this month, focusing on the

33:05

way that Joe Biden's foreign policy in the

33:07

Middle East is flawed. Our

33:09

leaders, Joseph Biden, in my case,

33:11

leading all the leaders, tried,

33:14

if you like, to get a

33:16

kind of Cold War ban back together again.

33:18

They framed the conflict in

33:20

the Middle East around the

33:22

defense of freedom in

33:25

the face of barbarity and

33:27

evil. And the point

33:29

of the piece is to

33:31

say, actually, that maneuver worked in

33:34

Ukraine, at least for a while,

33:36

maybe because the framework fit the

33:38

facts better. But as

33:41

the events in Israel-Palestine unfolded,

33:43

very quickly it became hard

33:46

for Biden and others to sort

33:48

of sustain the idea

33:50

that just moral clarity is all

33:53

that's required to think through the

33:56

situation. And the results, I think,

33:58

have involved a lot of push

34:00

back to these leaders because

34:03

ordinary people, especially young

34:05

people, reject the idea

34:07

that the defense of freedom is

34:10

what's really at stake in

34:12

our policy towards this new

34:15

bloodshed. To hear the full interview,

34:17

download this week's episode of the

34:20

Prospect Podcast and subscribe and

34:22

follow wherever you get your podcasts so that

34:24

you don't miss an episode. This

34:28

is media and

34:30

Alan Rusberg here and

34:32

Lionel Barber. The issue of funding the

34:34

BBC is back in the headlines with

34:37

the Culture Secretary saying that the projected

34:39

licence fee rise of £14.30 is

34:42

too high. Lucy Fraser says

34:44

she's concerned about cost of living pressures on people.

34:46

The licence fee has been frozen at £159 for

34:48

two years, but is due to increase in April

34:54

in line with inflation. That

34:56

is what had been agreed between the government and

34:58

the BBC. But Ms Fraser

35:00

says she's considering using a different

35:03

measure of inflation to calculate any

35:05

increase. Perhaps September's Consumer Price Index

35:07

CPI rate instead, which was 6.7%,

35:11

which would see the licence fee rise by £10.65 to £169.65 per year.

35:19

So now we welcome Pat Yeung,

35:21

a TV executive consultant, non-executive director

35:23

for ITV Studios, formerly Chief Creative

35:25

Officer for BBC Television Production.

35:28

Welcome to Media Confidential. Thank

35:31

you for having me. We're going to talk about future

35:33

funding models and cuts to Newsnight in a moment. But

35:36

first on this issue of the licence

35:38

fee rise, what was your reaction when

35:40

you heard this and were you expecting

35:42

it? I'd heard scuttle, but I was

35:45

hoping that it was untrue because the

35:47

government signed a deal. I mean, Nadine

35:49

Norris made a great deal about the

35:52

deal. Just to remind us

35:54

what the deal was. So the deal

35:56

that Nadine Norris announced was a two

35:58

year licence fee freeze. followed

36:00

by inflation for the next four years. It's

36:03

not a great deal for the BBC because

36:05

two years at zero increase

36:07

was not great but

36:10

at least they had certainty they could plan

36:12

and it also the reason we have these

36:14

long-term deals is it takes the license fee

36:17

negotiation out of the day-to-day battle of

36:19

politics. It's a long-term deal. So the

36:21

BBC have gone through the two years

36:24

of pain you know and

36:26

coming out of that we have you know

36:28

regional radio I don't think you can call

36:30

it local radio anymore we've just

36:32

seen the cuts to Newsnight we know there are

36:35

more cuts to come they've cut the number of

36:37

hours of television that they're commissioning and

36:39

they're also dealing with a war in the Middle

36:41

East which certainly wasn't in the business plan. So

36:44

the BBC have gone through the pain and

36:47

now they're meant to get inflation and

36:49

suddenly the government want to reopen the

36:51

deal. Well not even reopen

36:53

the deal they just don't want to honor the

36:55

deal that they've entered into and I just think

36:57

you know it's not great for British politics

36:59

that we have a government that freely enters into a

37:01

deal and then you know after you try to step

37:04

out of it. It's also not

37:06

great for the independence of the BBC and

37:09

whilst 9% increase in

37:11

the license fee may sound like a very significant

37:13

number the license fee is so low relatively

37:16

speaking we're talking about 15

37:19

pounds over the course of a year. One

37:21

pound fifty per month is

37:24

the increase which I think you know I

37:26

come from working class single parent free school

37:28

meals household you know one

37:30

pound fifty a month I think most families

37:32

can manage but compared

37:35

to the damage that cumulary does to the

37:37

BBC it's significant so I'm not

37:39

that was surprised but I'm

37:42

more disappointed than I am surprised because

37:44

I thought a deal was a deal and I think they should

37:46

honor it. Pat when you read

37:48

the right-wing editorials they give a very different

37:51

impression they get the impression of a

37:53

BBC that is bloated that is out of

37:55

control that there's forgotten

37:57

what it's like to be competitive. Why

38:00

do you think they're wrong on that? Well, they're

38:02

wrong on that because first of all if I

38:04

look at the Price of

38:06

the Daily Telegraph for example one of the BBC's

38:09

most trenching critics Profit Daily

38:11

Telegraph has gone up 200% since

38:13

2010. It was one pound. I

38:15

think it's now three pounds the license fee

38:17

has gone up from 145

38:20

pounds 259

38:22

pounds if the license fee had just

38:24

kept pace with inflation today, it would

38:26

be worth 230 pounds So

38:30

the BBC has already had

38:32

significant cash and real-term cuts

38:34

to its budget And

38:37

despite that not only is it continuing

38:39

to deliver quality content

38:41

We've also moved into an era

38:43

where we have tech platforms owned

38:46

by American billionaires Which are also

38:48

see themselves as news platforms. We

38:51

have a British press which is almost now

38:53

entirely owned By people who

38:55

don't live in the UK. I mean news internationals

38:57

owned by an American Australian Yeah,

38:59

the FT is owned by the Japanese and the

39:01

Telegraph about to be owned by the Qataris, you

39:04

know None of our major nea the

39:06

non BBC broadcasters sky

39:08

is owned by Comcast ITV's

39:11

biggest shareholders an American Channel

39:13

5 is owned by the Americans So

39:16

who actually owns the platforms that give us

39:18

the news that we rely on in an

39:20

age when I think we

39:22

can all see That news and information is

39:25

the new front line of how war is

39:27

conducted the war for information misinformation

39:30

Disinformation is really real. So to have

39:32

a BBC that's so infable that it

39:34

can't deliver on that front is

39:37

not just an issue Of broadcasting policy. It's almost

39:39

an issue sort of National infrastructure

39:41

do we want to live in a world

39:43

where we're reliant on everybody else for

39:45

where we get our news and current affairs from Pat

39:48

I just want to say the although I don't

39:50

work for the FT anymore the Japanese may own

39:52

the FT but they have no control Influence

39:55

over what is actually reported

39:57

on so I wouldn't put

39:59

us in total in

40:01

a separate camp. But I wanted

40:03

to ask you about value for money. The

40:07

BBC's budget is several billion

40:10

pounds and

40:12

yet many people feel, and we'll

40:15

talk about news in a minute,

40:17

but overall that the creativity and

40:20

the range of drama and more

40:23

is not what it was 20

40:25

years ago. Do you agree with

40:27

that? No, I would disagree.

40:30

Those people come from many

40:32

different perspectives. You

40:35

just had Happy Valley on the BBC.

40:38

Look at the programs which win the awards. I

40:41

actually was at the BBC when the

40:43

BBC was the co-production partner for Game

40:45

of Thrones. It was going to be

40:47

a BBC HBO co-production, but when

40:49

the cost per hour went above

40:51

I think three or four million pounds

40:54

an hour, Jane DeBennett said, I can

40:56

no longer justify spending public money at

40:58

this scale on this sort

41:00

of content. So

41:02

the BBC has always had to work within

41:04

the confines of its funding model, even

41:07

though these big signature dramas, the successions or

41:09

whatever, cost many millions of pounds an hour

41:11

more than the BBC is ever going to

41:14

be able to pay. But

41:16

I think the BBC stands for

41:18

quality, still, in current affairs. I

41:21

think it stands for quality in drama. Beyond

41:23

strictly, I think the entertainment slate has got some

41:25

questions to ask. I for one are not happy

41:27

that the BBC has put money

41:30

to buy a format like Survivor

41:32

or Gladiators. I'd much rather

41:35

see the BBC taking a

41:37

chance on new, fresh

41:39

UK formats when UK producers

41:42

and try to do something different as opposed

41:44

to just picking up a format that works.

41:47

So I'm not saying that they don't make

41:49

mistakes and missteps. Look how

41:51

little livesport we have on the BBC

41:53

now, because it's all disappeared behind

41:55

the paywall and then everybody says, why does nobody

41:57

play cricket? Why have the numbers planned not to

41:59

be common

44:00

values about the information that we're

44:02

getting. When it comes to

44:04

the question about the future of the license

44:06

fee, when the Dean Doris announced

44:08

this deal, the thing

44:10

that she said is we will also start a

44:12

review of what the mechanisms are for,

44:16

in her view, replacing the license fee. But

44:18

let's say alternatives to the license fee.

44:21

Now I haven't seen anything about that review,

44:23

unlike Peacock and others, there have been no

44:25

public hearings that I've been aware of. The

44:28

way this government works, I wouldn't be surprised if we're

44:30

just going to get something announced a bit like the

44:32

Rwanda deal that somebody's worked out in the back of

44:34

an envelope, and it's just going to be

44:36

presented to the House. But where has

44:39

the public consultation discussion been about

44:42

what do we replace the license fee with? Because

44:44

we all know the other models, the

44:46

German household model or some form of

44:48

subscription, or even as Alan did

44:51

at the Guardian, you have a license fee and

44:53

you invite people to just donate. But

44:56

there's been no discussion. I haven't been invited to a

44:58

single, I don't think any of you have been invited

45:00

to a single session. We

45:02

do know that Oliver Darden, when he was

45:04

Culture Secretary, set up a group of grandees

45:06

to advise him. He had a secret panel.

45:09

I tried to FOI that and I was knocked back

45:11

and told it was none of my business. Yeah, we

45:13

tried to FOI it as well. But

45:15

all I'm saying is that the license fee

45:18

may have had its day, may have.

45:21

And the reason I say may have is

45:23

that income inequality in this country is now

45:25

so great that a universal fee may not

45:27

hold. But you have

45:30

to think about what you put in its place because

45:32

the one thing about the license fee is it was

45:34

universal and everybody paid

45:36

and everybody got something and everybody owns

45:38

it. One of the reasons debates about

45:41

the BBC are also hot

45:44

is because everybody feels they own the BBC

45:47

and they do if they're a UK license fee

45:49

payer. So I

45:51

would like to see a system

45:54

which is progressive but which remains

45:56

universal. Personally, I wouldn't like to see it tied

45:58

to the tax system because it gives the child that

46:00

too much sway in the

46:02

system. So I don't know what

46:04

the alternative is, but I'm more than happy to join

46:06

in the conversation. But I do think going

46:08

forward, the principle has to be more universal.

46:11

But as regards to this deal

46:13

now, when Doris announced

46:15

the two-year freeze and the four years

46:17

with inflation, it was alongside a review

46:20

of the license fee. So they can't

46:22

use the future of the license fee

46:24

to justify breaking the deal that

46:26

they struck two years ago. That doesn't

46:28

work. This was all part of one deal.

46:30

But Pat, to be clear, you don't think

46:33

that it's a good idea for Tim Davie

46:35

as director general or the new chair to

46:38

put something themselves on the table. No,

46:40

I don't. I think the new, you

46:43

need time to work through what these

46:45

things are. I think what the

46:47

new chair, let's hope it's Samir, should say

46:50

is on as a deal. Because

46:52

this is gonna be a fundamental challenge to

46:54

the independence of the BBC. And

46:57

he's never more powerful than on day one. So

47:00

on day one, he should say, honor the deal.

47:02

And then let's use the time that was in

47:04

the deal to talk about the alternatives. That's what

47:06

he should do in my humble opinion. You must

47:08

know Samir. Pat, is he tough enough for this

47:10

job? We don't know that

47:12

he's been tested in this kind of

47:15

brutal role that he's taking over. Well,

47:18

he was a head of BBC current affairs, which normally

47:20

means you take quite a lot of income in flack.

47:23

So he's probably quite battle-hard.

47:27

I actually met Richard Sharp, and personally

47:29

I found him engaged and I found him

47:31

supportive. And actually I thought that he

47:34

wanted to do the right thing. Unfortunately for him, all

47:36

this other stuff got in the way. And

47:38

if he'd only declared it, he'd probably still

47:40

be there. As for Samir, I mean, look,

47:42

he's a journalist, right? So the

47:44

one thing that Tim doesn't have is journalism.

47:47

So I mean, somewhere at the top of

47:49

the beam, we do actually have now a

47:51

journalistic instinct as part of those decisions. He's

47:53

a non-partisan, he's been a producer. He's been

47:56

on the board of the BBC before. He's

47:58

run an independent production company. He's

48:00

a proper journalist. So he's got

48:02

a good rounded sense of

48:05

everything. He's also been very involved in

48:07

the diversity debate. So

48:09

I think it's bizarre. I've seen Andrew Neale

48:12

welcome it and I've seen people on

48:14

the left welcome it. And

48:16

in an age of very politicized appointments

48:18

to these public roles, I think this

48:20

is potentially a breath of fresh air.

48:23

So I wish him well. But a

48:25

bit like Obama really, you

48:28

have to judge him on what he does. And

48:31

this is going to be the first thing in his

48:33

inbox and my personal advice to him would be

48:36

honor the deal. That was a

48:38

deal they entered into honor the deal. You've

48:40

warned that the effects, if this

48:42

deal is not honored, the effects would

48:44

be catastrophic. I mean, what

48:47

do you think that could look like in terms

48:49

of particularly of news and current affairs? Well, I

48:51

think we're seeing it already. I mean, I am

48:54

really disappointed about the changes made

48:56

to local radio and

48:58

local services because Netflix isn't going to provide

49:01

them nor is Amazon or Apple. And

49:04

especially for older audiences, they're a key

49:06

part of stand in touch with what's

49:08

going on. And it's an

49:10

area where local newspapers are failing. So I'm disappointed.

49:12

But when you've got the level of cuts the

49:14

BBC has had to make, I think in real

49:16

terms its income is down now 37 to 40

49:19

percent since 2010. Then

49:23

you're not cutting flesh, you're cutting bone. Newsnight

49:26

is going to be turned into late night

49:28

discussion programs. You know, on the

49:30

one hand, the space that Newsnight used

49:32

to occupy, 1030, immediately after

49:35

a parliamentary vote, first place

49:37

to unpick what

49:39

happened at the Commons or whatever, it

49:42

was well positioned. Now,

49:44

not only does Parliament not seem to sit all

49:46

that often and when it does, it doesn't seem

49:48

to vote very often. But also

49:51

we're getting the news instantaneously. We're

49:53

getting it on various other platforms as

49:55

others. So do we need more talk,

49:57

even BBC talk? I'm not sure. I'm

50:01

not sure that it's the answer to

50:03

the question. What we actually need is

50:05

more original journalism. Well, we actually

50:08

need just more people trying to find out stuff that

50:10

other people don't want us to know. What we

50:12

need is people following up on the Dean Dorris' exclusive

50:15

that you've been following up on, that

50:17

someone tried to cook the head of

50:19

Ofcom. Not gonna be very bad with

50:21

that. Attaboy, Pat. Attaboy. Keep

50:23

him encouraged. But this is really important

50:25

stuff. It is. I was in a

50:27

meeting yesterday. I won't say where it

50:29

was, but it was a meeting about

50:32

mental health. And somebody's saying, look,

50:34

here are all the issues that are feeding into

50:36

the mental health crisis we got today. We

50:38

have warfare. We got missing disinformation.

50:40

We've got a cost of living

50:42

crisis. We've got pandemics. We've got

50:45

high levels of unemployment. We've

50:47

got concerns about immigration. And

50:50

it's leading to two things. One is a

50:52

lack of trust in institutions. And the second

50:54

one is a feeling of hopelessness. And

50:57

I think one of the things that's happened over the

50:59

last 10 years, and in the last five years especially,

51:01

is our institutions have been hollowed out. You

51:04

know, the appointments to them, the people that

51:06

run them, they've been treated like campaign objects

51:08

rather than institutions that actually have value in

51:10

their own right. And I think

51:13

we're seeing some of the effects of that. The BBC is

51:15

one of the last great institutions

51:17

that we have. If

51:19

you look at the cesspit that is now

51:22

Twitter or X or whatever it calls itself,

51:24

and you look how that is so

51:26

easy to manipulate with misinformation, the

51:30

only organisation in the

51:32

UK that has any chance of providing

51:34

a real alternative to that is the BBC with all its

51:36

faults. And

51:40

so like most things, you know, you

51:42

don't realise what you've got until it's gone. And

51:45

I think this decision isn't just about the money. It's

51:47

also about the independence and

51:50

it's about honouring commitments. And

51:52

that's why it's so important. Pat, where

51:54

do you think Labour is on this position? And

51:58

on the BBC in general? We know that. once

52:01

they get into government there will be friction there

52:03

always is. But where do you

52:05

think they are on the license fee and in

52:07

general their attitude to the BBC? I

52:10

think they think it's a good thing. I

52:12

don't think they have the instinctive animus that

52:14

some Tories have towards it.

52:17

I think like universities like

52:19

many other things which are really important it will

52:21

be quite low down their list of things to

52:24

engage with because there's so many other crises

52:26

in all sorts of other places. At

52:29

the very least if they said now we would

52:31

honour the deal it's £1.50 per

52:33

month we think it's worth it that

52:35

would help but it's a game isn't

52:38

it that it's the sort of gotcha game. So

52:40

the Tories say well we're going to go to Rwanda

52:42

you're going to rip that up oh yeah so we're

52:45

going to restrain the license fee are you going to

52:47

let it rip. There's a childish

52:49

political game playground game going on there

52:52

and Starmra is very cautious but

52:55

I would hope that at the very least

52:57

they honoured the deal that was struck which

52:59

gives them all four years in

53:01

an imperfect window to try and work out what

53:03

to do next. Final question from

53:06

me Pat is how could the

53:08

in your thinking about the

53:10

BBC and its future how could

53:13

it insulate itself from the

53:15

kind of government interference that

53:17

it's had certainly from

53:19

the Conservatives but also to be fair

53:21

from from Labour

53:23

and the last government is

53:26

there a form of mutualisation or is

53:28

there a form is there a different

53:30

kind of constitutional arrangement where the BBC

53:32

while not being completely unaccountable

53:35

could be more arm's length from government.

53:38

So I chair a pressure

53:40

group called the British Broadcasting Challenge which

53:43

campaigns for public service broadcasting we think

53:45

it's a good thing we think it's

53:47

a valuable public good we

53:49

published a paper on the future of the BBC which

53:51

is on our website and that says that

53:53

we want to first of all separate the appointment of the

53:55

chair from the political process and

53:57

through that the appointment of the board We

54:00

should have a genuinely open public

54:02

appointments process without, because

54:04

if it's going to be Samir, well,

54:06

it's Rishi's choice. That immediately

54:09

adds something to this game that is, I

54:11

think, unhelpful. So we'd like to see the

54:13

appointment of the chair and the board

54:15

taken out of the party political process

54:18

and handled by a genuinely public

54:20

appointments process. We also think the funding

54:22

decision and the funding arrangement should be

54:24

taken out of party politics with a

54:26

funding body, which determines

54:29

how the BBC should be funded. I

54:31

don't know where that fits. I

54:33

wouldn't necessarily put it in off-com, but they're

54:35

regulating the BBC. But we

54:37

believe there should be an independent funding body that

54:39

decide how the BBC is funded with

54:42

a separate process for appointing the

54:44

panel. The final thing is we

54:46

want to see, promote, encourage more

54:49

public participation in the big decisions

54:51

that the BBC takes. So

54:53

the decision to, in my view, decimate

54:56

local radio was taken without

54:58

any public consultation meetings that most of

55:00

us are aware of. So

55:03

the use of people's juries and other democratic forms

55:05

to at least get some external

55:07

input into those decisions, we also

55:09

think, would be valuable. Well,

55:12

Alan, Pat Young was certainly eloquent

55:14

and forceful in his defence of

55:16

the BBC. And he gave some

55:18

serious advice, I think, to Tim Davie and

55:21

to the new chairman, Samir Shah,

55:23

stand up to the government. Don't

55:25

accept this forced redrawing of the

55:28

original agreement. My only comment would

55:30

be, I think Tim Davie and

55:32

his top team do need to

55:34

do some serious planning about what

55:36

comes after the licence fee and

55:38

not just stay on the back

55:40

foot waiting for this government or

55:42

the next to come up with

55:44

the new formula. I agree. I

55:47

thought there was an eloquent defence of the BBC and

55:50

really portrayed as part of the national infrastructure.

55:52

That was really important. But

55:54

I hope thank God, who's the shadow culture secretary,

55:56

who's likely to be in the hot chair in.

56:00

any starma government is listening. What is

56:02

listening today, if not, we'll send her

56:04

the link because it's time

56:06

that Labour think about the BBC and

56:09

how to protect it. I'm sure

56:11

Labour realises this, but any

56:13

Labour government lives in a hostile environment in

56:15

this country because most of the press is

56:18

tilted to the right. And

56:20

actually the BBC, because it's impartial, is

56:24

even more important to Labour than to

56:26

the Conservatives because it's duty banned to

56:28

give them a fair crack of the whip. So

56:31

if Labour can't see the importance of

56:33

the BBC, then they're not

56:36

paying attention. If

56:40

you've got any questions for us about

56:42

the media, email them to mediaconfidential, all

56:44

one word, at prospectmagazine, all one word,.co

56:46

dot uk, and we'll answer a few

56:49

of them in a future episode. Thank

56:51

you for listening to Media Confidential, brought

56:53

to you by Prospect Magazine and Fresh

56:55

Air. Remember to listen and follow us

56:57

wherever you get your podcasts. And we're

57:00

on Twitter slash X2 at

57:03

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