Joey Barton, The Mirror and big glass houses

Today The Mirror online has run a nice helpful story about Joey Barton and the comments he made about the John Terry case.

Twitter was alight with speculation about the comments soon after they were posted on Barton's @joey7barton account. Barton-bashing is a favourite pastime these days, although to be fair, he does walk around with kick me sign pinned to his back.

The new theory goes that Barton has breached contempt laws by making statements which indicate guilt on Terry's part. In theory, that does breach the Contempt of Court Act 1981.

In theory. In practice we are unlikely to see a prosecution from the Attorney General because the charge against Terry is a summary offence and will not be tried before a jury. Therefore proving that Barton's ill-advised comments have influenced the court will be difficult in the extreme.

I'm sure the Mirror reporter knew this. Odd it wasn't mentioned in the story.

Still, it puts me in mind of a blogpost I wrote last month. You see, several national papers had 'decided' to allow comments on online reporting of the Terry case, similarly breaching the CoCA.

You could argue their breach was much worse than Barton's as all journalists are trained in media law so should at least have known there was a breach.

Now let's see, which news outlet was the worst? Oh yeah, that's right, the Mirror.

The Daily Mail is now speculating that Barton may well be the first person prosecuted for contempt for comments made on Twitter. Interesting opinion - completely wrong of course - but interesting nonetheless. In recent checks however, I do have to point out that the Daily Mail does at least have a decent record in showing it has a good understanding of the contempt law.

Perhaps the law does need changing for contempt now that social media has enabled everyman to broadcast opinions and that not everyone has a solid understanding of contempt. That is particularly true as most police procedural dramas in this country are American and therefore display a completely different law.

What is true however is that the mainstream media does know our contempt laws and with breaches we have seen in recent weeks, including the allegation that Guardian reporter Jamie Jackson named a juror, perhaps they should stop casting stones from their big glass houses.

Juror-naming journalist facing jail

It seems I am starting to get a bit obsessed with this Contempt of Court thing.

My last two blogs have involved contempt of court breaches in the reporting of John Terry trial and the Harry Redknapp trial. My specific point in those two cases was that newspapers were not giving enough thought as to which stories users can comment on online.

Now a Twitter user, and former colleague, has accused me of carrying out a contempt crusade and brought a new case to my attention. It involved an allegation that a Guardian reporter, Jamie Jackson had made two horrific breaches of the contempt of court act in the Harry Redknapp case.

1) He named a juror on Twitter

2) He tweeted details of a legal argument not put before the jury

The case has been referred to the Attorney General by the trial judge, Anthony Leonard QC who has also banned live-blogging and tweeting from court.

My only reaction, and it is currently one free from being contemptuous because Mr Jackson has not been arrested, is to ask: "How the hell can any journalist get something like this wrong?"

In this country the anonymity of the jury is sacrosanct. This is no technical breach, it is a law-smashing sledgehammer of a breach and the consequences could be wide-ranging in the extreme. Any journalist-in-training is told that contempt can carry a jail-term if serious enough and, as much as I wouldn't wish it on any journalist, this is the sort of breach the jail term may be reserved for.

As we all saw recently with The Guardian's live-blog of the new presenter of Countdown. That particular publication wants to get live coverage up on any and all given circumstances. But if you can't get the most basic law right then the chances of the judiciary continuing to give open access is limited to say the least.

We all make mistakes. As a deputy news editor I once let the name of a rape victim get past me on newsdesk - a mistake that still makes me shudder 11 years later - but in the live environs of Twitter with no sub to save you, then you have to step up and be absolutely sure of every word you produce.

The Daily Mail has reported on this fresh breach by The Guardian and you may remember that, much to the chagrin of The Daily Quail, the Daily Mail was on my Goodies list last week. It has adopted a particularly gleeful tone but hey - you give them the ammo and that is what they will do.

You may not agree with the Mail but technically they are often very good at what they do - hence my post last year querying several bad decisions they had made.

A worse contempt of court

Last week I blogged about contempt of court and how the principle of it was being ignored by the main daily newspapers in this country in terms of allowing comments on active cases.

A couple of people, including David Banks, the editor of McNae's Essential Law for Journalists, agreed that it was technically a breach of the Contempt of Court Act. However, they added that in practice no prosecution was likely from the Attorney General as the allegation against John Terry was a summary offence which would not be tried by jury.

I agree however, my main point remains that, at a time in which the press is under huge scrutiny, it is advisable to adhere to all laws and, perhaps more relevant here, the spirit of the law.

So here's the thing today.

Four of nine of the main English nationals are allowing comments containing references to Harry's Redknapp's appearance today at Southwark Crown Court in relation to charges of tax evasion.

I spotted it first on the Independent so thought I would check out all. My methodology was to check any stories on today's websites containing references to Redknapp's appearance in court. Some sites had specific stories, some mentioned it in reports of yesterday's match between Spurs and Man City, and some gave no mention at all.

In journalism we like to have goodies and baddies so let me break it down:

Goodies:

* Daily Mail - no comments allowed

* Daily Telegraph - no comments allowed

* The Sun - no story on the tax evasion (surely the fact that Harry's a Sun columnist can have nothing to do with this?)

* The Guardian - no comments allowed

* The Daily Star - no comments allowed

Baddies:

* Daily Mirror - comments allowed, no pre-moderation

* The Times (no link - paywall) - no comments on the main story about the court case but comments allowed on the Balotelli story, which contains a reference to today's court case. Some comments casting doubt on Redknapp's character, despite the fact they are, in theory, pre-moderated

* The Express - comments allowed, no pre-moderation

* The Independent - comments allowed, no pre-moderation and several clear breaches of the CCA.

Let's be clear that this is no summary offence. This is an indictable offence which will be heard before a jury a body of 12 good men (and women) the Attorney General is always keen to protect.

My point from last week doesn't just stand. It stands proud, gleaming smugly in the sunshine.

If newspapers cannot be trusted to get the basics right - how can editors argue long and hard against statutory regulation?

UPDATE: The Daily Mirror removed the comment facility by 11.45am on 23.01.12

UPDATE: The Independent removed all comments referring Redknapp's court appearance by 1.16pm on 23.01.12