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Welcome for working group on libel reform
Index on Censorship
DATELINE 1/12/2009
Index on Censorship and English PEN have welcomed the Government's announcement of a Working Group on Libel Reform at today's (1 December) Lords Oral Questions. Responding to a questions from Lord Pannick QC and Lord Borrie, Lord Tunnicliffe told Parliament that Jack Straw intends to set up the Working Group on Libel Reform after the publication of the Culture, Media and Sport Select Committee report on 'Press standards, privacy and libel' expected before Christmas.
Lord Tunnicliffe also confirmed that the Government was looking into Index on Censorship and English PEN's report 'Free Speech Is Not For Sale' with interest, he said: "The Government will consider very carefully all the recommendations in the report published by English PEN and Index on Censorship."
The Government has been taking the issue of libel reform seriously after the recent report by English PEN and Index on Censorship. On 22 November, Jack Straw told the Sunday Times newspaper: "A free press can't operate or be effective unless it can offer readers comment as well as news. What concerns me is that the current arrangements are being used by big corporations to restrict fair comment, not always by journalists but also by academics."
On 9 December, Index on Censorship, English PEN and Sense About Science will be launching a national petition for Libel Reform on their coalition website, www.libelreform.org
Jonathan Heawood, director of English PEN said: "We welcome the Working Party as a step towards a fully comprehensive Libel Reform Bill. We will launch a petition on 9 December and call upon voters who are concerned about the silencing of our writers, academics and scientists to sign our petition to keep politicians focused on this issue."John Kampfner, Chief Executive of Index on Censorship, welcomed the Minister's statement:
"The Government's statement is welcomed on top of the warm words for our proposals. But this country really does need a Libel Reform Bill. When the UK's closest ally, the US, draws up laws to protect its citizens from our courts, something is clearly very wrong."NOTES FOR EDITORS:
Index on Censorship and English PEN released their 'Free Speech Is Not For Sale' report on 10 November which "impressed" Secretary of State for Justice Jack Straw. He has now asked the Ministry of Justice to "carefully consider" the report.
The report is available at the Libel Reform Campaign website:
www.libelreform.org
For more information please call Jo Glanville on 07713 020 971 or Jonathan Heawood on 07889 071711.
Mike Harris, Public Affairs Manager for the Libel Reform Coalition can be reached on 07974 838468, or email: mike@libelreform.org
EXTRACT FROM HANSARD:
http://www.publications.parliament.uk/pa/ld/ldtoday/01.htmLibelQuestion
Asked By Lord PannickTo ask Her Majesty's Government whether they will respond to the recommendation by English PEN and Index on Censorship that restrictions should be imposed on libel claims that do not have substantial connections to the jurisdiction of the United Kingdom.
Lord Tunnicliffe: The Government will consider very carefully all the recommendations in the report published by English PEN and Index on Censorship alongside those of the Culture, Media and Sport Select Committee, the report of whose inquiry into press standards, privacy and libel is expected shortly.
Lord Pannick: I am grateful to the Minister. Does he accept that for the courts of this country to entertain libel proceedings that are brought by people who have no connection to this country against publishers who are based abroad, such proceedings being founded on the incidental publication in this country of a few copies of a newspaper, book or magazine published abroad, is very damaging to free speech worldwide and to the reputation of this country? Will the Government consider introducing reforms to prevent such libel tourism?Lord Tunnicliffe: My Lords, the Government are indeed concerned about libel tourism. Part of it is geographic extent, which is touched on in the Question. However, there are three other issues: the arguably penal cost system in London; the multiple publication rule; and the balance between reputation and freedom of speech, which at least the US Supreme Court believes is unreasonably weighted in favour of reputation. The report covers all these issues. The Government hope to respond to it, alongside the Select Committee's report, within two months of the latter's publication.
Lord Borrie: My Lords, does my noble friend the Minister agree that scientists, other scholars and medical experts are becoming increasingly wary of challenging dubious claims—about health products, for example—because of the chilling effect of the various aspects of libel law, one of which has been usefully touched on by the noble Lord, Lord Pannick? There are other aspects as well, such as the weighting of libel law generally against freedom of speech and the "availability of contingency fee" system, which encourages actions that may be undeserved.
Lord Tunnicliffe: My Lords, without committing the Government too much, I generally take those points. The Government take this issue very seriously, in about five areas. The Master of the Rolls asked Lord Justice Jackson to look at all aspects of the cost of civil litigation, including libel law; he will report by the end of the year and that report will be published on 14 January. The Government consulted on 24 February with the document Controlling Costs in Defamation Proceedings. That was responded to on 24 September and new measures were introduced on 1 October. The Government also started a consultation on 16 September, with Defamation and the Internet: The Multiple Publication Rule, which ends on 16 December. As I said, the report will be considered in two months. The Justice Secretary is setting up a working group to examine a range of issues around libel, including libel tourism. It will consist of media lawyers and government experts. The aim will be to make recommendations on reform.
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Last modified: Friday, December 11, 2009
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