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New Defamation Bill welcomed by Index
Index and BBC News web site
DATELINE: 9/5/12
Index Against Censorship has welcomed the announcement that a defamation bill is being included in the coalition government's new legislative programme. According to Index: 'This will be the first wholesale attempt at reform since 1843 and an amazing achievement for the campaign and its 60,000 supporters. The bill will open the way to ending libel tourism and protecting free expression for journalists, writers, bloggers and scientists around the world. However, there is still work to be done and we will carry on fighting to make sure that the detail in the final Bill will truly deliver reform.'
According to the BBC web site, 'the new bill will offer more protection for freedom of speech in England and Wales, the Queen's Speech has announced. The Defamation Bill is intended to ensure "fair balance" between freedom of expression and protection of reputation. Under the law, claimants would have to show they had suffered serious harm before suing for defamation. The presumption in favour of jury trial would also be removed.According to the Ministry of Justice, the new bill would also make sure that the threat of libel proceedings was not used to "frustrate robust scientific and academic debate". There would be a defence for the media of "responsible publication on matters of public interest". The bill would provide greater protection to operators of websites hosting user-generated content, as long as they complied with the necessary procedure to "resolve any dispute" directly with the author of the material concerned.
The draft bill, published in March last year, also aims at addressing "libel tourism" by tightening the test to be applied by the courts in relation to actions involving people who are not domiciled in the UK or EU member states.
The Conservatives, Labour and the Lib Dems all committed themselves to reviewing libel law in their election manifestos.
Currently, a person suing for defamation does not have to prove that the words they are complaining about have caused them actual damage, it is enough for the courts that they might.'
Sources: Index Against Censorship and BBC News web sites 9 May 2012.
Last modified: Wednesday, May 9, 2012
Your comments:
Dear Friends
The Government has published the Defamation Bill that was announced in last week's Queen's Speech. You can read the Bill, and see coverage and reaction to it and the Queen's Speech, at http://www.libelreform..org/news/524-libel-reform-is-in-the-queens-speech
The libel reform campaign, nearly 100 organisations and 60,000 of you have been calling for this since December 2009. Congratulations to everyone on this momentous stage!
Now we need to examine the details of the Bill and work to ensure the reforms will do away with unwarranted chilling, bullying effects of the current laws. Over the coming months, we need to continue to fight for:
* a public interest defence so people can defend themselves unless the claimant can show they have been malicious or reckless.
* a strong test of harm that strikes out claims unless the claimant can demonstrate serious and substantial harm and they have a real prospect of vindication.
* a restriction on corporationsâ™ ability to use the libel laws to silence criticism.
* provisions for online hosts and intermediaries, who are not authors nor traditional publishers.
We will be in touch very soon to ask for your help with this. Thank you again for your support so far.
Sle and Mike
Posted by: Campaign for Libel reform: 15 May, 2012 12:08:41
» Click here to add your comment.
Comments will be subject to approval and should not be defamatory, obscene, racist, in breach of copyright, or contrary to law. The CPBF is not reponsible for any views expressed here.
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More reporters are currently imprisoned in Turkey than in any other country in the world. Only a matter of weeks ago lawyers failed to persuade a Turkish court to release a 76-year-old journalist from a Turkish internet news station.
World Press Freedom Day on Friday May 3, 2013 is being marked in Britain by a rally to highlight the dangers facing journalists in Turkey and in this podcast, Nicholas Jones speaks to Barry White, Organiser at the Campaign for Press and Broadcasting Freedom, and Sam Bamford, the TUC's policy officer for Eastern Europe and Africa about the importance of a campaign to highlight international press freedom.
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Government Policy
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Secret service pressed BBC to censor Panorama
"Government by leaking rules OK", says Cameron confidant
Libel reform: a final push
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Baby P tragedy: Cameron's culpability should not be overlooked
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