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Jack Straw unveils plan to curb libel tourism
Guardian 24 March 2010
DATELINE: 24/3/10
Overseas claimants will be discouraged from launching libel cases in UK courts and a "public interest" defence may be introduced to protect investigative journalism, under legal changes unveiled today. The proposals, which will also prevent multiple defamation claims being generated by repeated downloading of the same story, were announced by the justice secretary, Jack Straw.
Aimed at countering what is described as the "chilling effect" of Britain's strict libel laws, the changes will be included in a libel reform bill to be introduced into parliament if Labour is returned to government after the next election. The Liberal Democrats and the Conservatives are also calling for reform of the libel laws.The government's recommendations build on the findings of the libel working group, established by the Ministry of Justice this year.
The libel laws have been long been considered to restrict free speech. The internet, however, has turned more people into writers and publishers, transforming concern about the punitive expenses and sanctions involved in libel cases into a popular cause.
Overseas litigants have also tried to use UK defamation statutes against foreign publications in UK courts, sometimes based merely on the fact that online articles can be downloaded in Britain.
The working group's report, published today, quotes the lord chief justice, Lord Judge, who said recently: "I am not proud of reading, as I frequently do, that 'London is the libel capital of the world'. I do not regard it as a badge of honour."
Their study suggests that articles on matters of "public interest", written in "good faith" and where there had been due professional diligence in the research should enjoy protection from libel claims to help "rebalance the law towards free expression".
Straw said: "A statutory public interest test which is clearly and simply expressed could help ensure that the work done by journalists, scientists and NGOs to investigate and inform the public can continue – while also preserving the right we all have to protect our reputations."
An earlier government attempt to reduce the costs of libel cases – reducing the success fees that lawyers can charge in defamation cases from 100% to 10% – has been held up in the lords by a "motion of regret" tabled by the former Commons speaker Lord Martin. The Ministry of Justice is planning to make parliamentary time available to prevent the order being killed off before the election.
Mike Harris, the organiser of the Libel Reform Campaign, said he welcomed the latest recommendations but he wanted to see "concrete commitments" on a public interest defence. He called for changes in the law to stop corporations suing for libel except where there was clear evidence of malice, and he urged that "comments made by bloggers online should not be actionable".
The Libel Reform Campaign believes the libel laws are stacked in favour of wealthy claimants. It says the average cost for the 20 most expensive trials in 2008 was £753,676.95.
Paul Tweed, a Belfast solicitor who has brought pioneering cases involving foreign litigants and is a member of the libel working group, called for legal aid and contingency fee agreements to be made available for libel cases. He said: "The ordinary man in the street has no chance of defending his reputation. There are not the numbers of libel tourism claims that people are getting excited about. I don't think it requires a change in the law to weed out these claims."
Last modified: Friday, March 26, 2010
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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.
The World Press Freedom Day rally is being staged by the National Union of Journalists at the NUJ head office, Gray’s Inn Road, London WC1 on Thursday May 2, 6pm-8pm.
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The UK launch of a 'European Citizens' Initiative' calling for EU rules against concentration of media power will take place on Thursday March 21 from 11:00am – 12:30pm in Committee Room 4A at the House of Lords, London. Guest speakers will include actor and activist Hugh Grant (pictured), media consultant Claire Enders, Professor Steven Barnett, Barry McCall (President of the NUJ) and Marc Gruber (Director of the European Federation of Journalists).
A European Citizens' Initiative is an official petition, like a Downing Street petition. If it succeeds in gathering a million signatures across the EU, the Commission is obliged to respond.
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The media’s job is to inform and entertain us but we rely on them too to tell us what our rulers and representatives are up to. In the run-up to the Iraq war the government used spin and disinformation in the media to create panic and mislead people. The truth is coming out now, but we need stronger, more independent media to be able to scrutinise governments and make informed choices.
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Previous stories
Government Policy
Straw acts on libel fees
Government announcement on Television Product Placement
Libel laws group announced
Alastair Campbell's 'unprecedented' role in preparing dossier on Iraq's weapons of mass destruction
CPBF submission to DCMS consultation on product placement on television
Action on product placement
Scottish parliament inquiry into local newspaper decline
Straw to look at libel law reform
Response to Digital Britain
Simon will look at safeguards on product placement
Campaign opposes U-turn on product placement
Government to reverse policy on TV product placement
Damian McBride and the reality behind Labour smears
Little comfort for journalists in Digital Britain
"I will abide by civil service neutrality" says Downing Street's new spin supremo.
Speaker's call for an end to ministerial leaks: Downing Street's new media chief could play a role
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Government response to Public Voice Petition on Digital Dividend
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