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For several months we have been waiting for a report from OFCOM the UK broadcasting regulator and it has rolled out this morning. Now it was a long shot that the Murdoch organisation might be staked through the heart by the UK regulator, but the  publication is interesting

BBC News - Ofcom says BSkyB 'fit and proper' but James Murdoch criticised

UK media regulator Ofcom has concluded that BSkyB is a "fit and proper" company to hold a broadcasting licence.

Ofcom was investigating the broadcaster in the wake of the phone hacking scandal that engulfed Rupert Murdoch's media empire, which owns 39% of BSkyB.

However, Ofcom has criticised former BSkyB chairman James Murdoch, Rupert's son, for his role in the scandal.

Ofcom said his actions "repeatedly fell short of the conduct" expected of a chief executive officer and chairman.

Now Sky is trying to sell this as a complete vindication,  with its statement  
BBC News - Ofcom says BSkyB 'fit and proper' but James Murdoch criticised
"Ofcom is right to conclude that Sky is a fit and proper broadcaster. As a company, we are committed to high standards of governance and we take our regulatory obligations extremely seriously."

The report however contains a few bombs lobbed casually at the Murdochs.

Firstly paragraph 18

Nor, in our view, can it reasonably be concluded on the available documentary evidence
that there was an awareness on James Murdoch’s part either that evidence existed
indicating the involvement in unlawful activities of journalists other than Clive Goodman,
or that the desire to preserve confidentiality was a key factor in the settlement. There is
some documentary evidence that James Murdoch was aware of the Taylor claim prior to
10 June 2008. There is some documentary evidence that Tom Crone and Colin Myler
intended to brief James Murdoch in more detail, but there is no documentary evidence
showing that they actually did. In particular, Colin Myler forwarded to James Murdoch
the email chain of 7 June 2008, which contains information that ought to have caused
him significant concern. However, James Murdoch’s evidence is that he did not read
the chain to its end and there is no evidence to contradict his account
This paragraph runs pretty much in Paralel to the Murdoch defence advanced at both the Leveson Inquiry and the  later DCMS committee appearances.  It may stand up to scrutiny at the present moment, but in the coming weeks, when people end up standing in the courts, or when the report of the Leveson Inquiry is published, we may see an entirely different implication emerge.

Then we have Paragraph 28

Over the following months, proceedings were issued against NGN by a number of persons who thought their phones had been hacked. James Murdoch has given evidence to the Leveson Inquiry that he assumed that information relevant to the
litigation was being preserved. We have no evidence that this is not the case.
A paragraph that  suggests that defence information is being taken as read. once again something that could come apart quickly if things go badly in the court cases.  But all is couched in such terms that OFCOM is taking no responsibility for its current answer.

and then we have  paragraph 40

However, we would be concerned if statements, which have surfaced from time to time
in the course of the Leveson Inquiry and the work of the CMSC, that News Corporation
and its subsidiaries have exerted pressure over politicians and others in support of News
Corporation’s commercial interests, went beyond the legitimate area of political debate
and transgressed into inappropriate pressure or behaviour related to furthering News
Corporation’s commercial interests. News Corporation has a large shareholding in Sky
plc and has made assertions in other contexts about the degree of control it exercises
over it. Should further material evidence or findings become available we will take them
into account in relation to our continuing duty.
which lays it open for OFCOM to come back, if the situation changes, and seems to be worded in such a way that it leads towards the new wave of burglary allegations covered in the previous two diaries here. If you follow the logic of this paragraph it is rather as if OFCOM has painted itself into a corner, and if further happens, thenthey will have little choice but to act more strongly.

In other news, We have had a further four arrests in the last two days. Three more News international journalists, (two for corruption and one in connection with stolen phones) and a police officer

Its all coming along

11:35 AM PT: And a comment from The BBC's Business editor

Twitter / Peston: Clear implication of Ofcom ...

Clear implication of Ofcom report is BSkyB would have been declared "not fit & proper" if James Murdoch had not stood down as chairman

Originally posted to ceebs on Thu Sep 20, 2012 at 10:08 AM PDT.

Also republished by Murdochgate Investigators.

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Comment Preferences

  •  Thanx ceebs for posting, explaining, documenting (13+ / 0-)

    rec'd of course.  more when I have digests all you have to say.

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 10:24:13 AM PDT

  •  $$ quote, all it needs is nor to be removed (9+ / 0-)

    and can it to become it can....as if written for the eventuality that documentary evidence will be forthcoming.  Very economical on their part. Good value for your pounds sterling, Brits.

    Nor, in our view, can it reasonably be concluded on the available documentary evidence that there was awareness on James Murdoch’s part either that evidence existed indicating the involvement in unlawful activities of journalists other than Clive Goodman, or that the desire to preserve confidentiality was a key factor in the settlement

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 10:29:56 AM PDT

  •  Agree, logic. disagree, paint into corner (8+ / 0-)

    ...needed.

    If you follow the logic of this paragraph it is rather as if OFCOM has painted itself into a corner, and if further happens, thenthey will have little choice but to act more strongly.
    Paint in the corner, you have done so unintentionally and are stuck until the paint dries.

    Ofcom has constructed an argument that not only justifies their next step, it makes that next step, while conditional on new evidence, an obligation.

    Where and English person see understatement or self-effacement, a Yank sees setting up an opportunity.

    Now how can that be explained?

    Poor sportsmanship, as in throwing HM's taxable tea in harbour in disguise?  

    Terrorists, those original tea partiers were ;-)

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 10:36:47 AM PDT

  •  and (9+ / 0-)

    News International chief tries to boost Sun morale after 21st journalist arrest | Media | guardian.co.uk

    TheNews International chief executive has sought to boost morale inthe Sun newsroom after the 21st journalist on the paper was arrested by Scotland Yard police officers.

    Tom Mockridge called the meeting at 4.15pm on Thursday, just hours after a 30-year-old Sun reporter was arrested at his home in south-east London by officers from Operation Tuleta, the investigation into computer hacking which was recently widened to include alleged criminal breaches of privacy.

    He was the third Sun reporter to be detained this week and the 21st current or former Sun journalist or executive who has been detained since the police made their first arrest of someone working on the paper last November whenJamie Pyatt, district editor of the title, was held and later bailed in relation to alleged payments to police or public servants.

    Interviewer: What do you believe is behind this recent increase in terrorist bombings? Helpmann: Bad sportsmanship

    by ceebs on Thu Sep 20, 2012 at 10:51:31 AM PDT

  •  The wheels of justice (6+ / 0-)

    grind slowly, but I retain hope that the end will be sweet.  I just hope it happens while I'm still among the living.  At this rate, that's an iffy proposition.  ;-)

    -7.62, -7.28 "Hold fast to dreams, for if dreams die, life is a broken winged bird that cannot fly." -Langston Hughes

    by luckylizard on Thu Sep 20, 2012 at 11:16:42 AM PDT

  •  Sun reporter arrest: criminal breach privacy is? (4+ / 0-)
    Recommended by:
    KenBee, retLT, Woody, Creosote

    I believe I spy with my little eye an opening of the investigation into burgulary of cell phones.
    But at work so can't do the cking myself.

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 11:22:16 AM PDT

    •  Cell phone theft. my, my: common criminal acts (4+ / 0-)
      Recommended by:
      KenBee, Empower Ink, Woody, Creosote

      ....perhaps not by the letter of the law, but all the cell phones stolen from friends and family were by common criminals.

      "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

      by BlueStateRedhead on Thu Sep 20, 2012 at 11:40:25 AM PDT

      [ Parent ]

      •  its outrageous (5+ / 0-)

        that members of her majestys press would consort with such lowlifes

        Interviewer: What do you believe is behind this recent increase in terrorist bombings? Helpmann: Bad sportsmanship

        by ceebs on Thu Sep 20, 2012 at 11:41:57 AM PDT

        [ Parent ]

      •  possession of stolen property (6+ / 0-)

        pretty much the 'why' of this law..no way would the Queen's personal phone be sold out of the boot of a car by someone in lawful possession of it.

        how can they get around that, especially en masse...reeks of criminal conspiracy.

        on the other hand a bunch of pawn shop operators were arrested in LA selling the proceeds of 'knock knock' burglars...it's a start anyway..

        .....but illustrates two sets of laws for different classes of people, can't recall seeing Holder arresting any fox newsies with stolen cell phones...yet.

        one can hope.

        but good news about further arrests, maybe it'll spread.

        This machine kills Fascists.

        by KenBee on Thu Sep 20, 2012 at 11:59:12 AM PDT

        [ Parent ]

        •  well the suggestion is (6+ / 0-)

          that its a group of government ministersphones and laptops back when Labour was in power, and this was done partly to subvert government policy

          Interviewer: What do you believe is behind this recent increase in terrorist bombings? Helpmann: Bad sportsmanship

          by ceebs on Thu Sep 20, 2012 at 12:18:56 PM PDT

          [ Parent ]

        •  HMQ's phone not stolen, her private phonebook was (3+ / 0-)
          Recommended by:
          KenBee, Woody, Old Lefty

          IIRC, Mulcaire's notes show payment to a member of royal security detail for a copy of the Palaces' private phone book.
          Did it happen?
          Who did and whether there have been charges it?
          ceebs can fill in the details.

          "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

          by BlueStateRedhead on Thu Sep 20, 2012 at 12:20:25 PM PDT

          [ Parent ]

        •  Not HMQ's but members of her parliament phones (5+ / 0-)
          Recommended by:
          KenBee, Woody, Creosote, Brit, Old Lefty

          ...were stolen, for sure. and one past Sun arrest under Tuleta came from that.

          If you go back two diaries, you will see that the Independent newspaper claims to have proof of News of the World commissioning burgling of MPs' cars, homes, and that MP Tom Watson has written to RM to offer to share the evidence he has of these crimes.
          A strongly worded letter it was.
          no answer so far, ASAIK.

          "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

          by BlueStateRedhead on Thu Sep 20, 2012 at 12:23:12 PM PDT

          [ Parent ]

        •  As for Holder's DOJ, they are focusing on FCPA (6+ / 0-)

          there is only once class of 'persons' in USA so far, the corporate one...and it is certain that News Corp is under investigation. It's in the SEC filings. so corporate law is at work.

          Patience, therefore, and a little confidence in our judicial system, you made get the result you desire.
          While waiting, some hopeful signs.

          Fox news: the one rumour of their using of hacking did not lead to credible evidence. FBI however rumoured to have received a major cache of documents from British police this summer.

          Holder and charges: FCPA experts report that it common practice for the US to let locals prove the criminality and then to go after the US company. To do so now that ppl are on trial could let the defence argue obstruction of justice or some such.

          Would want Holder to do something that would allow Rebekah to get off scott free.

          "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

          by BlueStateRedhead on Thu Sep 20, 2012 at 12:36:23 PM PDT

          [ Parent ]

  •  Telegraph 1: OfCom went as far as it could go.. (5+ / 0-)
    Recommended by:
    KenBee, Woody, Creosote, Brit, Old Lefty
    The regulator has also told BSkyB not to get too comfortable, issuing a reminder that it should not get too close to News Corporation for fear of reprisals.
    snip
    In truth, it is about as far as Ofcom could have gone without resorting to the nuclear option of taking BSkyB off air.
    Link in next post


    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 11:29:38 AM PDT

  •  Telegraph 2: JMurdoch's career over as bd. dir. (6+ / 0-)

    Telegraph:this is bad news that could get worse
    The message is clear.... they think he is an inadequate chairman. [OfCom's] words put an indelible mark on James Murdoch’s record, which will stain his chances of ever running a listed company again.

    Well not over, just stain his chances, which is English understatement, I guess, especially for someone who had all the chances in the world handed to him. Lasting Damage to James Murdoch

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 11:32:11 AM PDT

  •  and an interesting comment (6+ / 0-)

    From the BBC's Business editor

    Twitter / Peston: Clear implication of Ofcom ...

    Clear implication of Ofcom report is BSkyB would have been declared "not fit & proper" if James Murdoch had not stood down as chairman

    Interviewer: What do you believe is behind this recent increase in terrorist bombings? Helpmann: Bad sportsmanship

    by ceebs on Thu Sep 20, 2012 at 11:34:04 AM PDT

  •  A person honored by Queen tweets: what's changed? (3+ / 0-)
    Recommended by:
    Woody, Creosote, Old Lefty

    Denise Howard OBE ‏@denisehoward
    @Peston what's changed apart from James Murdoch stepping down?

    I don't know who Denise Howard is, but being a member of the Order of the British Empire ain't nothing.

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 11:53:13 AM PDT

  •  The Preston who leaked the Cable quote?Thought (3+ / 0-)
    Recommended by:
    ceebs, rubyr, Woody

    IIRC, the Cable gotcha which led to his being fired from the BSkyB take over case was leaked by the BBC, although the telegraph had done the gottacha-ing.
    Can't ck myself, work time.
    If however the same guy, a
    is this hypocrisy on his part as his leak guaranteed the Tory take over of the case
    or
    was his leak a way to bring the takeover crashing down?

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 11:57:01 AM PDT

  •  James but not BSkyB takeover, Telegraph says (4+ / 0-)
    Recommended by:
    rubyr, Woody, Brit, Old Lefty

    ...Business pages, says with OfCom behind it and news/entertainment divide, NC can try for BSkyB takeover again. as the crimes will adhere to the news part.  Providing James is left out. it's business as usual.

    Guess he does not know that BSkyB was James' baby , named operation Rubicon.

    Tsk tsk. Shall we gift him a copy of Brit's book?

    Telegraph

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 01:02:53 PM PDT

  •  BSRH addon posted as diary, with send back here (2+ / 0-)
    Recommended by:
    rubyr, Creosote

    Ceebs, this BSRH calling for backup.  Over and out.

    "Are you bluish? You don't look bluish," attributed to poet Roger Joseph McGough, for the Beatles' Yellow Submarine (1968).

    by BlueStateRedhead on Thu Sep 20, 2012 at 01:59:47 PM PDT

  •  Thanks so much, ceebs. Ever grateful for the info. (3+ / 0-)
    Recommended by:
    Woody, Creosote, Old Lefty

    Hope all is well across the pond.

    Seems to me that OFCOM punted in a rather major way but I am viewing this through an American lens. Their dissing of James Murdoch seems empty since he has resigned and moved to America. It just seems that whether or not he is fit to run a British corporation is moot now. I wish OFCOM had taken some action that would really have had some affect on James/daddy.

    Also, the info in above comment that they will be free to try to take over BSkyB again, is sickening. I hope that does not work out for them.  

    "Southern nights have you ever felt a southern night?" Allen Toussaint ~~Remember the Gulf of Mexico~~

    by rubyr on Thu Sep 20, 2012 at 02:03:07 PM PDT

  •  Well that sucks! (1+ / 0-)
    Recommended by:
    Creosote

    So isn't it nice they can use James as a whipping boy but still lard it on for Murdoch? And WILL THEY do what is right and proper if the company comes up bloody covered in scandals and scabby with the lawsuits affixed firmly to its butt? (As if it wasn't already!)

    American Television is a vast sea of stupid. -xxdr zombiexx

    by glitterscale on Thu Sep 20, 2012 at 05:57:14 PM PDT

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