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 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

Noel Gallagher on Brexit:

“In England, the Brexit thing, it’s like, I can’t believe there’s so much noise about it… It was put to the people as a vote, the people voted. That’s democracy. F***ing get over it.”

Sponsors

Guidogram: Sign up

Subscribe to the most succinct 7 days a week daily email read by thousands of Westminster insiders.
Royal Mail’s Tweets Deliver Truth About Nationalisation Royal Mail’s Tweets Deliver Truth About Nationalisation
Jez “Doesn’t Do Dinners” Jez “Doesn’t Do Dinners”
New Tory Slogan: Building a Britain Fit for The Future New Tory Slogan: Building a Britain Fit for The Future
Unilad Deleted From Facebook Unilad Deleted From Facebook
Disgraced Gay Times Editor Is Labour Member Disgraced Gay Times Editor Is Labour Member
Yasmin Alibhai-Brown: “I’d Rather Be Mugabe Than May” Yasmin Alibhai-Brown: “I’d Rather Be Mugabe Than May”
Corbynista Rulebook Saves Lansman’s NEC Dream Corbynista Rulebook Saves Lansman’s NEC Dream
70 Million Reasons BuzzFeed Won’t Go Public 70 Million Reasons BuzzFeed Won’t Go Public
Sun Coffee Run to Broadcasting House Sun Coffee Run to Broadcasting House
Teething Problems for Salmond’s RT Show Teething Problems for Salmond’s RT Show
Hammond to Deliver “Real Action” on Housing in Budget Hammond to Deliver “Real Action” on Housing in Budget
Dods Shard Offices Infested With Maggots Dods Shard Offices Infested With Maggots
Nelson’s Back Nelson’s Back
Nasreen Khan Resigns Nasreen Khan Resigns
Young Liberals Condemn Cable For Defending Rennard Young Liberals Condemn Cable For Defending Rennard
Brexodus Was Bogus Brexodus Was Bogus
McDonnell Now Sure There Won’t Be a Run on The Pound McDonnell Now Sure There Won’t Be a Run on The Pound
Shadow Minister: “I Don’t Know” Why Corbyn Hasn’t Suspended Dent Coad Shadow Minister: “I Don’t Know” Why Corbyn Hasn’t Suspended Dent Coad
Byline Outs Russian Troll But It’s a Security Guard from Glasgow Byline Outs Russian Troll But It’s a Security Guard from Glasgow
Emma Dent Coad on “Fake Bake”, “Homies” and “Bluds” Emma Dent Coad on “Fake Bake”, “Homies” and “Bluds”