Palace threatened to bring in lawyers after becoming ‘frustrated’ with News Group Newspapers over settling phone-hacking claims, court documents reveal
Palace officials negotiating with the backing of the Queen threatened to bring in lawyers to secure a private phone-hacking settlement with News Group Newspapers (NGN), court documents have revealed.
Staff at the palace suggested bringing in legal experts after becoming increasingly “frustrated” with a lack of response from Rupert Murdoch’s top news executives in 2018.
They sent emails expressing an “institutional appetite” to reach an out-of-court deal with the group over claims royal family members had their phones hacked by the now-defunct News Of The World.
In the messages, palace officials revealed how the Queen was “aware” of the talks and had given her “full authority”.
The emails were shared in court as part of Prince Harry’s own claim against NGN – which also publishes The Sun – over alleged unlawful information gathering at its two titles.
The group is bringing a bid to have Harry’s case thrown out, along with a similar claim by actor Hugh Grant, at a three-day hearing in London which started on Tuesday.
NGN argues that the claims have been brought too late.
Image: Hugh Grant arrives at court on Thursday
The emails involve discussions in December 2017 between the Queen’s former press secretary, Sally Osman, News UK chief Rebekah Brooks and Robert Thomson – the chief executive of the Rupert Murdoch-owned News Corp.
In one email, sent by Ms Osman, she expressed a desire to reach an agreement which would “draw a line under such matters between our two institutions”.
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“The fact that we can have this conversation, with The Queen’s full authority and knowledge of the scale and effect of hacking and surveillance on her family, their staff, associates, friends and family, is important with a view to resolution in the near future,” she added.
However, having organised a meeting between the two sides, Ms Osman expressed her “disappointment” that no progress had been made by March 2018.
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She wrote: “Assuming you received my email of 11 December last year, following our very genial and I thought constructive meeting, I was somewhat disappointed not to receive an acknowledgement, let alone a reply.
“I do, of course, appreciate, that business is busy. However, there is also an increasing sense of frustration here at the lack of response or willingness to engage in finding a resolution to what is considered outstanding business between the Royal Household and News Corporation.
“The hope is still to find a resolution without involving lawyers.”
The email prompted apologetic replies from both Ms Brooks and Mr Thomson – who put the missed email down to the latter’s busy schedule and a “mountain” of daily memos.
However, Ms Osman pushed for a resolution again in May, expressing an “institutional appetite to expedite things and start having a more tangible dialogue”.
“We are still very much of the mind that we don’t want this to become embroiled in legal negotiation but it would clearly assist if our lawyers now spoke to yours,” she added.
Image: Rebekah Brooks
On Thursday, David Sherborne, representing Harry, said in court that the late Queen was previously involved in “discussions and authorisation” that the Royal Family would not pursue claims against NGN until after the conclusion of the litigation over hacking.
Mr Sherborne said in written arguments that the agreement “meant that the claimant could not bring a claim against NGN for phone hacking at that time”.
He added: “It was agreed directly between these parties, as opposed to their lawyers… that at the conclusion of the Mobile Telephone Voicemail Interception Litigation (MTVIL) News would admit or settle such a claim with an apology.
“In 2017, the claimant and the institution began to push for the outstanding claim to be resolved.
“However, News filibustered in relation to this until, in 2019, the claimant had enough and issued his claim.”
The barrister told Mr Justice Fancourt, hearing the case, that what Harry did know by 2012 was that “an agreement [had been] reached between the institution and News Group”.
He added: “It is precisely because of the secret agreement that no claim was brought before 2019.”
Harry’s lawyers also argue that NGN’s bid to have his claim thrown out is an attempt to go behind the “secret agreement”.
Mr Sherborne also told the court that Harry’s brother, Prince William, had “recently settled his claim against NGN behind the scenes”.
The hearing is due to end on Friday, when the judge will determine whether their claims will progress to a trial – which is due to be heard in January next year.
The claim is one of a number of legal actions currently being brought by the Duke of Sussex, who appeared in person at the High Court last month for a preliminary hearing against Associated Newspapers Limited (ANL), publisher of The Mail and Mail On Sunday.
He is also expected to give evidence at a trial over allegations of unlawful information against tabloid publisher Mirror Group Newspapers (MGN), due to begin next month, with Harry due to appear in court in June.
NGN closed The News of the World in 2011 in the aftermath of the phone-hacking scandal but has consistently denied that any unlawful information-gathering took place at The Sun.
Three people have died following a helicopter crash during a flying lesson on the Isle of Wight.
A fourth person is in hospital in a serious condition following the incident, according to Hampshire Police.
Officers were called to the scene of a “helicopter that had come down” off Shanklin Road near Ventnor at 9.24am on Monday, the force said.
A spokesman for the aircraft’s owner Northumbria Helicopters said G-OCLV – which is listed as a Robinson R44 II helicopter – was involved in the accident during a flying lesson.
Image: Fire and rescue vehicles at the scene near Ventnor. Pic: Stu Southwell
Image: Aerial view of the crash site
Four people, including the pilot, were on board the aircraft, which departed nearby Sandown Airport at 9am, the company also said in a statement.
A critical care team, including a doctor and specialist paramedic, was also sent to the crash site, Hants and Isle of Wight Air Ambulance added, alongside fire engines and other emergency vehicles.
The Air Accidents Investigation Branch confirmed it was alerted to the incident and was sending a team to investigate. A major incident was declared but has since been stood down.
A spokesperson for Hampshire and Isle of Wight Air Ambulance said in a statement: “We have treated and airlifted one patient to the Major Trauma Centre, University Hospital Southampton. Our thoughts are with them, and everyone involved in today’s incident.”
Darren Toogood, editor and publisher at the Island Echo, told Sky News presenter Kamali Melbourne the helicopter crashed on a “significantly busy, high-speed road” between the village of Godshill and the seaside town of Shanklin.
“It was on one of the first flights of the day,” he said.
“It’s a bank holiday weekend in August on the Isle of Wight. It’s an incredibly busy area. Lots of tourists down at the moment. It appears no vehicles were involved, which is incredible, given how busy this road would have been this morning.”
A witness, Leigh Goldsmith, told the Isle of Wight County Press she saw the helicopter “spiralling” before crashing into a hedge as she drove along the road.
Police have closed Shanklin Road, blocking it off with several emergency vehicles, and are warning people to avoid the area.
Northumbria Helicopters said it is “giving its full cooperation to the authorities investigating this incident”.
Joe Robertson, the MP for Isle of Wight East, said the local community was in shock.
“My heart goes out to the families of those who lost their lives in the helicopter crash outside Shanklin today,” he said in a statement. “It is very sad and tragic news during what should have been a happy Bank Holiday helicopter flight from Sandown Airport. The whole community is in shock.
“My sincere thanks to all the emergency services personnel who have been involved and to the investigators for their work ahead.”
Sweeping new rules designed to deal with the “total Wild West” young people were experiencing online have now been in place across the UK for a month.
Ofcom’s Children’s Codes require pornography and other harmful content to be kept away from young people, either through age verification or algorithm changes.
More than half a million people have signed a petition calling for the Online Safety Act to be repealed, while ministers insist the legislation’s been a success.
They told us about frequently stumbling across violence, pornography and harmful mental health content in their social media feeds.
One 17-year-old described seeing more harmful and inappropriate content online “than I can count”. Even a 12-year-old described being shown language that “can be quite explicit for children my age”.
So, one month later, we spoke to some of the teenagers again. The difference in what they reported was remarkable.
Ryan, 17, told us previously that the internet was a “very, very malicious” place and described frequently seeing inappropriate content.
Just one month on, he says his algorithm now seems “tamed” – although he’d still describe the internet as malicious.
“[My] algorithms have been quite tame in comparison to what they were. I haven’t seen any sort of advertisements and stuff that can be alluding towards anything inappropriate,” he said.
Liam, 16, also said Instagram felt “tamed” compared to what it was like before.
He was previously being served a lot of eating disorder content but “in the time that the rules have been in place I don’t actually think I’ve seen any”.
“I used to see them every few scrolls so it’s very much gone down.”
Image: Young people gathered at the Warrington Youth Zone to talk to Sky News about online safety
Seventeen-year-old Indie said she now feels like she “can actually scroll on the internet worry-free of what’s going to pop up”. Abbey, 17, also said she feels less worried about scrolling now.
“I feel really good about [the new rules] because now I don’t have to worry about seeing things I don’t want to see,” she said.
Ryan, 15, previously told us he was frequently being shown violent content that would ruin his day. Now, “when I’m scrolling TikTok, I’m free from violence”, he said.
“It feels better, to be honest. I feel more clean, in a sort of way, because like, I’ve not seen it.”
Of the six teenagers we re-interviewed, only one – 15-year-old Oliver – said he hadn’t really noticed a change.
However, harmful content is still sometimes being shown to teens, we soon found out.
Image: Sky News experimented with fake teen accounts to see whether harmful content was still available
One month later, we created TikTok and Instagram accounts belonging to a 15-year-old and searched for terms relating to suicide and self-harm.
On Instagram, all three search terms took us to a mental health support page, signposting to helplines and advice.
On TikTok, however, that wasn’t the case.
One search term took us to a mental health support page, similar to Instagram’s.
Another search term showed the message “no results”.
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Teens targeted with ‘suicide content’
But a third, relating to a specific type of self-harm, brought up numerous posts that should no longer be shown to young people under Ofcom’s guidance.
Some posts used euphemisms, others were more explicit about their content. None of it should be available to children in the UK now.
In response to our experiment, a TikTok spokesperson said:
“TikTok has designed 70+ features and settings that support the safety and well-being of teens and families on our app, and we partner with organisations such as Samaritans and the International Association for Suicide Prevention to bring well-being resources directly to our community.
“We continually enforce comprehensive Community Guidelines, with over 99% of violative content proactively removed by TikTok.
“This single account does not reflect the real experience of a teen on our platform.”
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‘Children as young as six’ finding porn
Pornography views plummet…
But a lot of the controversy about these rules hasn’t come from children. Adults use the internet too and the new age verification rules seem to have impacted the way they surf the web.
Not everyone’s happy about it.
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Despite the government responding to that petition to say it had “no plans” to repeal the act, the number of signatories has now passed half a million.
“We all want children to be safe online, but I don’t think those benefits outweigh the significant costs, not just to millions of low-abiding children and adults in the UK, but also the effect this is having elsewhere around the world,” said Matthew Feeney, advocacy manager at Big Brother Watch.
He brought up privacy concerns before the rules were introduced and says he’s still concerned, having seen them in action.
“It’s doing the UK no favours internationally,” he said. “No other liberal democracy has taken steps like this in this kind of way.
“There are ways to talk about child safety online without embracing this approach to the internet, which treats everyone as a child by default.”
In Westminster, the rules proved controversial too; when Reform leader Nigel Farage said his party would repeal the act if elected, Technology Secretary Peter Kyle responded on Sky News by saying Mr Farage was “on the side of predators”.
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Minister’s Farage comments ‘no slip of the tongue’
“Anybody who thinks this legislation is going to be perfect in this moment must think again,” said Baroness Beeban Kidron, founder of 5Rights and a longtime supporter of the new legislation.
“It should not be a conversation about attackers, detractors, defenders. What we have to do is go again, and again, and again until we get the balance right.”
One of the most obvious ways general internet use has changed since the rules came in is through pornography.
According to a recent report by the Children’s Commissioner, the world’s four largest pornography sites received nearly 11 billion visitors each month in 2020; more than the number of visitors to Amazon, LinkedIn, Netflix, Zoom and eBay combined.
But within a day of the new regulations, the number of UK visitors to pornography sites plummeted – and has stayed low.
Data given to Sky News by Similarweb showed that between 19 July and 15 August, there was a 45% drop in the number of UK users to Pornhub, the country’s most popular pornography site.
Across the top 100 sites, there was a 33% drop.
Even pornography-based forums took a hit – Subreddits linked to bondage, discipline, sadism, and masochism (BDSM), for example, are experiencing 12% fewer visits from the UK than before the rules were introduced.
But that doesn’t necessarily mean the UK has lost its appetite for adult content.
But VPN use seems to be up
At the same time as UK porn visits were plummeting, the use of virtual private networks (VPNs) was rocketing, as people bypassed new age verification pages altogether.
VPNs mask their users’ location and may mean that plenty of people were accessing porn… they just didn’t look like they were in the UK.
The number of people searching for VPNs on Google spiked dramatically in the days after the rules were introduced.
Although the interest has waned, it is still higher than pre-regulation levels.
Five out of Apple’s top 10 downloaded apps were VPNs just one day after the rules started being enforced.
Baroness Beeban doesn’t believe it is children using VPNs to bypass age verification.
“I’ve actually found it extraordinary that the assumption is that all of the VPN surge is children. Think about it carefully.
“A lot of it will be adults who are actually trying to hide their own behaviour now that you actually have to be a bit more transparent.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK
A campaign encouraging people to use headphones when playing music on public transport is being rolled out in London from today.
Posters will begin appearing on the Elizabeth line on Tuesday reminding travellers not to play music out loud or to have conversations on speaker mode, as it may disturb other passengers.
It is the latest part of Transport for London’s Travel Kind campaign, which is being rolled out across the wider transport network.
Rules around train travel already make playing music out loud an offence. But like other issues, such as fare evasion, this is subject to being enforced by the British Transport Police or the train operators themselves.
People using their phones for loud content has become a political issue in recent months, with both the Liberal Democrats and Conservatives urging ministers to take action on it.
Earlier this year, the Lib Dems called for fines of up to £1,000 for “headphone dodgers” who play music out loud on buses and trains, while Tory shadow transport secretary Richard Holden said passengers should not have to “endure somebody else’s choice of crap music”.
Seb Dance, deputy mayor of London for transport, said the small minority who “play music or videos out loud can be a real nuisance to other passengers and directly disturb their journeys”.
“However Londoners spend their journey, whether catching up on their favourite series or listening to music, we want everyone to have a pleasant journey.”
Image: A previous Travel Kind campaign encouraged travellers to offer priority seating to those who need it. Pic: Transport for London
Posters will also encourage people to look up from their phones and to be aware that others travelling may be in need of a seat.
Previously, the Travel kind campaign included calls for vigilance about sexual harassment and urged travellers to move down inside London’s Tube carriages to ensure others can get on.