The government is suppressing official advice over press regulation, according to a report in the Sunday Telegraph.
It says that the culture and media department (DCMS) is refusing to disclose a paper which "is thought" to set out advice on whether the government-sponsored royal charter breaches European law.
Evidently, in the opinion of four QCs, the scheme violates article 10, concerning freedom of expression, of the European convention on human rights (ECHR).
Though the DCMS has admitted the paper's existence to the Telegraph it has refused to release it despite a freedom of information (FoI) request.
A legal opinion previously commissioned by newspaper publishers stated that the provisions to punish newspapers with "exemplary" damages if they refuse to join a new regulator sanctioned under the royal charter were incompatible with the ECHR.
The Sunday Telegraph reports that its FoI request - submitted to the DCMS in October - asked for copies of all documents referring to article 10 of the ECHR in relation to the new charter.
After a three-month delay, the DCMS disclosed two documents from the Daily Mail's owner, Associated Newspapers, which raised concerns about possible conflicts with the ECHR.
But the department cited an FoI act exemption as the reason for refusing to disclose the third document: "premature disclosure" of the legal advice "might close off better options" for ministers and officials.
And the Telegraph quotes a government spokesman as saying: "The government does not routinely disclose legal advice. We are clear that independent self-regulation of the press is entirely consistent with the European convention on human rights."
Source: Sunday Telegraph
