At first, David Cameron appeared to rule out legislation of any sort. He argued that it would "create a vehicle" for politicians to impose regulation on the press. He was also concerned that the legislation to underpin the regulatory body would be "complicated". It certainly would be but that is no reason for not bringing it in. It seemed that Cameron had no stick left to wield when he called newspaper editors to Downing Street and urged them to bring in effective self-regulation as a matter of urgency. But then, according to The Times, "he issued a clear threat that he would legislate if the industry failed to reform itself".

So the editors came up with a plan, accepting most but not all of Leveson's recommendations. But who was to decide whether their scheme was effective enough? Leveson's suggested recognition body was Ofcom, the broadcasting regulator. But the editors rejected that idea, presumably because Ofcom's chairman and non-executive directors are appointed by the government.

On their visit to Downing Street, the newspaper editors had been told by Oliver Letwin, the Cabinet Office minister, that the government was creating its own recognition process. There would be an "unimpeachable, impartial" individual or body which would certify that the new press regulator was compliant with Leveson in all respects, the Guardian reported. This "ironclad" system—operating outside statute, "but independent beyond a shadow of doubt"—could also appoint the regulator's first chairman.

The Times was very keen to bring in the judges, suggesting that either the Lord Chief Justice or a panel of lawyers appointed by him could oversee the industry regulator. But judges cannot operate in a vacuum. Somebody has to set the standards by which the regulator is to be judged. Should that be Sir Brian Leveson? Or Parliament? And if Ofcom is not sufficiently independent, why should a government-established body-even with judicial involvement-be any better? Surely some legislation would be required, if only to set up the low-cost arbitration service that the press apparently supports? Newspapers may no longer be marking their own homework, but more prep is clearly needed.