Rusbridger calls for new PCC with say in libel cases

Alan Rusbridger, the editor of the Guardian, has called for an enhanced Press Complaints Commission to be established with the power to act as a mediator in libel and privacy cases.

Delivering the annual Orwell lecture last night at the University of London, Rusbridger suggested a new "one-stop shop" for media dispute resolution called the "PSMC" – the Press Standards and Mediation Commission.

The new body could, Rusbridger explained, be made up of a "panel of qualified and neutral mediators" who would adjudicate on libel claims which would otherwise go straight to the legal system.

"The mediator could decide on meaning. S/he could rule on questions such as whether the piece was fair and accurate; whether it was an opinion or an allegation of fact; whether it was in the public interest; whether the subject of the article had a reasonable chance to respond and whether his/her response was included – ie the mediator, where appropriate, could go through the sorts of questions that crop up under a so-called Reynolds defence.

"The mediator could rule on prominence and wording of any correction and apology and settle any issues of compensation. Most of the issues could be settled on paper. There would be no fees recoverable on either side, beyond the reasonable expenses of a claimant. A record of the discussions would be kept by the mediator."

Another benefit of the proposed PSMC's ability to mediate libel cases, Rusbridger said, would be that it would encourage media organisations to opt in to self-regulation, rather than opt out in the fashion of Northern & Shell owner Richard Desmond, who effectively removed the Daily Express and his magazine titles from the PCC when he refused to pay the standard contribution levied on members.

Rusbridger himself left the PCC editors' code committee in November 2009 after the commission's report into phone hacking and the Guardian's early coverage of the scandal. He has repeatedly criticised the regulatory body, especially in the wake of it's 2009 hacking report, accusing it of "finding nothing out" and having "no teeth". But despite his criticisms he has consistently supported the premise of self-regulation and argued that the PCC should be strengthened rather than scrapped.

The Guardian editor acknowledged in his speech last night that "PSMC" mediation in libel disputes may fail, but argued that the process undertaken could still inform subsequent legal proceedings and if a newspaper had made "reasonable and honest attempts to deal with the issue" it could be reflected in any damages awarded against it.

Rusbridger also suggested that privacy disputes could be folded into the remit of the "PSMC". He argued that the current PCC definition of the public interest was sufficient and that if a new self-regulatory body followed "the general contours" of the current privacy jurisdiction in the courts then it could reasonably be expected to settle privacy disputes also.

In terms of funding, Rusbridger agreed with Paul Dacre, the editor of the Daily Mail, who suggested during an appearance at the Leveson inquiry that a system of "polluter pays" could be put in place in which those found to be in the wrong would be obliged to pay the costs of the regulatory investigation.

A spokesperson for the PCC said: "We welcome Alan Rusbridger’s contribution to the debate about the future of self-regulation. Lord Hunt, the new PCC chair has made clear that he comes into his role with a blank sheet of paper and a mission to regenerate and renew the structure of self-regulation.

"He has stated that he will consult widely about possible changes and is open to all ideas and will later produce proposals for reform."

The body recently appointed Conservative peer Lord Hunt as its new a new chairman. Hunt replaced Baroness Buscombe, who came under fire towards the end of her tenure for the PCC's handling of the phone-hacking scandal.

The scandal was back in the spotlight yesterday as James Murdoch appeared for a second time before MPs on the culture, media and sport select committee. Murdoch denied that he was made aware of the implications of the so-called "for Neville" email in 2008, directly challenging testimony from former News of the World editor Colin Myler and former legal manager Tom Crone in September.

He also refused to rule out closing the Sun if allegations of phone hacking at the title were proven.

Crone responded to Murdoch's evidence last night, calling it "disingenuous".

• See the full text of Rusbridger's lecture on Guardian.co.uk

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