Case Study 5

Case Study 5: Embargoed access and/or briefing for the press

SCENARIO

An organisation gave the press ´embargoed access´ to one of their complex compendium reports, on the grounds that journalists needed a period of time to assimilate and comprehend the data in order to provide informed and considered comment at the time of release. This particular compendium did not put any new data into the public domain and was not a first release. A Special Adviser asked the statistician whether his Minister could give one of the embargoed journalists an ´embargoed interview´; so called because it would take place during the embargo period.

Note: Embargoed access to complex statistical reports is used infrequently and may be given to accredited journalists,where it is seen as necessary to provide them with a period of time to assimilate and comprehend the data,in order to provide for informed comment at the time of release. It can only apply to the release of non-market sensitive data where there is limited opportunity for personal gain by those who have early access. This differs from a lock-up which is used to provide an opportunity for the media reporting market sensitive information to absorb and understand the significance of a given statistic before it is officially released.
   
The Special Adviser argued that the journalist´s report on the interview would not be published until after the figures themselves had been released. Furthermore, the figures in question were not ´new´.  They had already been placed in the public domain via a First Release.

QUESTION

Which principles and protocols of the Code of Practice are relevant to this scenario?

SUGGESTED RELEVANT PRINCIPLES

The following principles might be considered to be the most relevant to this scenario:

• Relevance
• Integrity
• Accessibility

SUGGESTED RELEVANT PROTOCOLS

The following protocols might be considered to be the most relevant to this scenario:

• Professional Competence Protocol
  Using Professional Judgement
  
• Release Practices Protocol (even though this was not a First Release)
  Principle 1: Statistics should be made equally available to all, at the same time, subject to certain limited exceptions.
  Principle 3: Ministerial statements will not be released before the statistics.
  Principle 4: Concerning privileged early access.
  Principle 5: Release arrangements will be:
  open and pre-announced; orderly.

QUESTION

What recommendations do you have?  In what way does the Code of Practice influence your recommendations?

SUGGESTED RECOMMENDATIONS

The Special Adviser was told that such an interview would constitute a breach of the Code. The rationale was as follows.

Ministers are given privileged early access for the sole purpose of being able to respond completely when questions arise at the time of release.

Journalists are given privileged early access to complex statistical reports or compendia so that they can assimilate the contents, and provide informed comment at the time of release.

If a Minister gives an interview (albeit an ´embargoed´ one) to one of those embargoed journalists, they would in effect be issuing a ´Statement´ before the statistics are released - a clear breach of the Code.  By attempting to get their point of view into the public arena first, the Minister would also be breaching the ´equality of access´ principle.

 Case study as word document