Press Royal Charter: Maria Miller’s “Get Guido” Clause

big-sister-maria-millerYesterday Guardian journalists gleefully drew Guido’s attention to a clause in Maria Miller’s proposed legislation that attempts to bring this blog into the regulated, un-free press sector that is being created post-Leveson. Guido has highlighted the ambitious clause in red below…

SCHEDULE 4

INTERPRETATION

Key definitions

1. For the purposes of this Charter:

a) “Regulator” means an independent body formed by or on behalf of relevant publishers for the purpose of conducting regulatory activities in relation to their publications;

b) “relevant publisher” means a person (other than a broadcaster) who publishes in the United Kingdom:

a. a newspaper or magazine containing news-related material, or

b. a website containing news-related material (whether or not related to a newspaper or magazine);

c) “broadcaster” means:

a. the holder of a licence under the Broadcasting Act 1990 or 1996;

b. the British Broadcasting Corporation; or

c. Sianel Pedwar Cymru;

d) a person “publishes in the United Kingdom” if the publication takes place in the United Kingdom or is targeted primarily at an audience in the United Kingdom;

e) “news-related material” means:

i. news or information about current affairs;
ii. opinion about matters relating to the news or current affairs; or
iii. gossip about celebrities, other public figures or other persons in the news.

It is arguable – and Guido does argue – that since this blog’s server is in California the publication takes place in the US, under the protection of the First Amendment. Readers point their browsers at http://www.order-order.com and download the content from the server cache. The publishing tool is the server and it is definitely not in the United Kingdom. Which is why they introduced the second part: “or is is targeted primarily at an audience in the United Kingdom”. That is an interesting idea, which hopefully won’t catch on internationally. Imagine if the Iranian regime implemented the same law, demanding that the BBC’s Persian Service, which is broadcast from London, submitted to their regulator. Crazy.

Guido would be interested to hear what the many m’learned friends who read this blog think of this bit of the legislation. Who will the regulator pursue? Individual bloggers personally when they are in the jurisdiction? A foreign citizen, uploading to a foreign-hosted website, published by a foreign domiciled company – seems to Guido that this legal extra-territoriality has dubious legal foundations. Perhaps Maria Miller is planning to send Royal Navy gunboats to Wexford and California?



Tip offs: 0709 284 0531
team@Order-order.com

Quote of the Day

Labour MP Jamie Reed:

“I apologise to every man, woman and child in this country who needs a Labour government.”

Top Posts This Week

Guidogram: Sign up

Subscribe to the most succinct 7 days a week daily email read by thousands of Westminster insiders.

Facebook

£500,000 EXPENSES FRAUDSTER MEP JAILED £500,000 EXPENSES FRAUDSTER MEP JAILED
SEUMAS MILNE PRAISES HAMAS SEUMAS MILNE PRAISES HAMAS
ALLEGED GRANNY BASHER MP IN COURT TODAY ALLEGED GRANNY BASHER MP IN COURT TODAY
CORBYN AGREES BBC ARE “ZIONIST LIARS” CORBYN AGREES BBC ARE “ZIONIST LIARS”
LABOUR IN CRISIS LABOUR IN CRISIS
KHAN ON KEN, KEN ON KHAN KHAN ON KEN, KEN ON KHAN
CORBYN’S CALLAGHAN MOMENT CORBYN’S CALLAGHAN MOMENT
BERNARD JENKIN ACCUSES NO. 10 OF CASH FOR QUESTIONS BERNARD JENKIN ACCUSES NO. 10 OF CASH FOR QUESTIONS
JOHN MANN TELLS KEN “YOU’RE A F**KING DISGRACE” JOHN MANN TELLS KEN “YOU’RE A F**KING DISGRACE”
KHAN CAMPAIGNED FOR NAZ SHAH, DEFENDED KEN ON ANTI-SEMITISM KHAN CAMPAIGNED FOR NAZ SHAH, DEFENDED KEN ON ANTI-SEMITISM
KEN: “HITLER WAS SUPPORTING ZIONISM” KEN: “HITLER WAS SUPPORTING ZIONISM”
NEUBERGER AND LEVY ON LABOUR’S ANTI-SEMITISM NEUBERGER AND LEVY ON LABOUR’S ANTI-SEMITISM
RUPA HUQ DEFENDS NAZ SHAH’S ANTI-SEMITISM RUPA HUQ DEFENDS NAZ SHAH’S ANTI-SEMITISM
Carly Fiorina Sings Lullaby Carly Fiorina Sings Lullaby
BRADFORD COUNCILLOR POSTED GOEBBELS NAZI FILM “THE ETERNAL JEW” BRADFORD COUNCILLOR POSTED GOEBBELS NAZI FILM “THE ETERNAL JEW”
NAZ SHAH SUSPENDED BY LABOUR NAZ SHAH SUSPENDED BY LABOUR
Naz Shah’s Pro-Hamas Tweets Naz Shah’s Pro-Hamas Tweets
FARAGE RESPONDS TO “PONCEY” JIBE FARAGE RESPONDS TO “PONCEY” JIBE
PM: “EXTRAORDINARY” NAZ SHAH STILL HAS LABOUR WHIP PM: “EXTRAORDINARY” NAZ SHAH STILL HAS LABOUR WHIP
SHADOW CABINET SPLIT: LISA NANDY TELLS CORBYN TO SACK NAZ SHAH SHADOW CABINET SPLIT: LISA NANDY TELLS CORBYN TO SACK NAZ SHAH
TREASURY CAN PREDICT FUTURE TO 2030, CAN’T WORK OUT COST OF BREXIT REPORT TREASURY CAN PREDICT FUTURE TO 2030, CAN’T WORK OUT COST OF BREXIT REPORT
NAZ SHAH EMPLOYED “ZIO”-HATER AS TAXPAYER-FUNDED AIDE NAZ SHAH EMPLOYED “ZIO”-HATER AS TAXPAYER-FUNDED AIDE
NAZ SHAH RUNS CHARITY WITH ANTI-SEMITIC LABOUR COUNCILLOR NAZ SHAH RUNS CHARITY WITH ANTI-SEMITIC LABOUR COUNCILLOR
FRANK FIELD’S LEFT-WING CASE FOR BREXIT FRANK FIELD’S LEFT-WING CASE FOR BREXIT
NAZ SHAH COMPARED ISRAELIS TO HITLER NAZ SHAH COMPARED ISRAELIS TO HITLER
FREE ADVERTISING WORTH £135,000-A-WEEK FOR REMAIN CAMPAIGN FREE ADVERTISING WORTH £135,000-A-WEEK FOR REMAIN CAMPAIGN
NAZ SHAH RESIGNS AS JOHN MCDONNELL’S PPS NAZ SHAH RESIGNS AS JOHN MCDONNELL’S PPS
BBC DID REVEAL HILLSBOROUGH VERDICT YESTERDAY BBC DID REVEAL HILLSBOROUGH VERDICT YESTERDAY
NAZ SHAH: “THE JEWS ARE RALLYING” NAZ SHAH: “THE JEWS ARE RALLYING”
JUNIOR DOCTORS: IT’S ALL ABOUT THE MONEY JUNIOR DOCTORS: IT’S ALL ABOUT THE MONEY