Analysis: Archer book raises tough questions

By Torin Douglas BBC media correspondent

Lord Archer was already in trouble with the Prison Service. Now he has compounded his problems by planning to publish his Belmarsh Prison diary while still in jail.

The news has had lawyers and would-be lawyers scurrying to their texts to see whether Archer has broken any rules.

Most people presumed that no-one could publish a book while still in jail - whatever they did once they were safely on the outside. But it turns out not to be that simple.

The Prison Service - which knew Archer was planning to publish a diary, but not while he was still inside - identifies several problem areas.

Prisoners are not allowed to discuss fellow inmates by name or describe their own or any other prisoner's crime - and they must not be paid for work.

Less clear-cut is whether Archer could be said to be "making money in prison".

Royalties

His publisher, Richard Charkin, chief executive of Macmillan, says Archer has not been paid the usual author's advance but will be paid royalties on the book's sales when he emerges from jail.

But since he wrote the book while in prison and it is being sold while he is in prison, many would argue that he is making money while in prison, even though it is being put aside for him - presumably plus interest - until he is released.

And then there is the case of the newspaper payments.

The Daily Mail, which has bought the serialisation rights, says all the money is going to charity - to drug rehabilitation and victim support groups.

That is because the Press Complaints Commission forbids payments to criminals or their associates unless the story is in the public interest and cannot be obtained any other way.

Criticised

PCC officials are to write to the Mail asking it to clarify the payments it is making, but say there is nothing in their code to stop papers giving the money to charity. However the Labour MP Peter Bradley disagrees, and is going to write to the PCC asking for a full investigation.

He says Archer will benefit from the serialisation in the Mail because it is good publicity for the diaries and will lead to extra sales.

"If he felt compelled to publish them, he could have done so on his release," he said.

And a former PCC member, Russell Twisk, has also criticised the deal, pointing out that the Daily Mail editor Paul Dacre is on the editors' code committee. He says the Mail should not be helping Archer sell his book.