Government unveils libel law reforms
Bill introduces ‘public interest’ defence, aims to end ‘libel tourism’ and signals end to use of juries in most libel trials The government on Tuesday unveiled sweeping changes to the libel laws aimed at protecting freedom of speech and bringing an end to so-called “libel tourism” from abroad. Ken Clarke, the justice secretary, published a draft bill that includes a new “public interest” defence which can be used by defendants in defamation cases and a requirement that claims can demonstrate substantial harm before they can sue. The bill will also signal an end to the use of juries in libel trials apart from in exceptional circumstances, and aims to end libel tourism by making it tougher to bring overseas claims which have little connection to the UK in the English courts. Clarke, unveiling the draft bill on Tuesday alongside minister of state for justice Lord McNally, said the bill would “ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence”. “The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society,” he added. “In recent years, though, the increased threat of costly libel actions has begun to have a chilling effect on scientific and academic debate and investigative journalism.” The bill includes a new statutory defence of truth which will replace the current common law defence of justification. It also includes a statutory defence of honest opinion replacing the current common law defence of fair and honest comment. In a bid to stamp out libel tourism, a court will not accept jurisdiction unless satisfied that England and Wales is “clearly” the most appropriate place to bring the action against someone who does not live in the UK or an EU member state. The bill will also remove the presumption in favour of jury trial as part of a series of measures to cut costs and speed up court cases. The government has also begun a consultation on issues not covered by the draft bill, including responsibility for publication on the internet. It will ask whether the law should be changed to give greater protection to secondary publishers such as internet service providers and discussion forms. More details soon… •
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Government unveils libel law reforms
Bill introduces ‘public interest’ defence, aims to end ‘libel tourism’ and signals end to use of juries in most libel trials The government on Tuesday unveiled sweeping changes to the libel laws aimed at protecting freedom of speech and bringing an end to so-called “libel tourism” from abroad. Ken Clarke, the justice secretary, published a draft bill that includes a new “public interest” defence which can be used by defendants in defamation cases and a requirement that claims can demonstrate substantial harm before they can sue. The bill will also signal an end to the use of juries in libel trials apart from in exceptional circumstances, and aims to end libel tourism by making it tougher to bring overseas claims which have little connection to the UK in the English courts. Clarke, unveiling the draft bill on Tuesday alongside minister of state for justice Lord McNally, said the bill would “ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence”. “The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society,” he added. “In recent years, though, the increased threat of costly libel actions has begun to have a chilling effect on scientific and academic debate and investigative journalism.” The bill includes a new statutory defence of truth which will replace the current common law defence of justification. It also includes a statutory defence of honest opinion replacing the current common law defence of fair and honest comment. In a bid to stamp out libel tourism, a court will not accept jurisdiction unless satisfied that England and Wales is “clearly” the most appropriate place to bring the action against someone who does not live in the UK or an EU member state. The bill will also remove the presumption in favour of jury trial as part of a series of measures to cut costs and speed up court cases. The government has also begun a consultation on issues not covered by the draft bill, including responsibility for publication on the internet. It will ask whether the law should be changed to give greater protection to secondary publishers such as internet service providers and discussion forms. More details soon… •
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on March 15, 2011. Filed under News, Politics, World News.
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Government unveils libel law reforms
Bill introduces ‘public interest’ defence, aims to end ‘libel tourism’ and signals end to use of juries in most libel trials The government on Tuesday unveiled sweeping changes to the libel laws aimed at protecting freedom of speech and bringing an end to so-called “libel tourism” from abroad. Ken Clarke, the justice secretary, published a draft bill that includes a new “public interest” defence which can be used by defendants in defamation cases and a requirement that claims can demonstrate substantial harm before they can sue. The bill will also signal an end to the use of juries in libel trials apart from in exceptional circumstances, and aims to end libel tourism by making it tougher to bring overseas claims which have little connection to the UK in the English courts. Clarke, unveiling the draft bill on Tuesday alongside minister of state for justice Lord McNally, said the bill would “ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence”. “The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society,” he added. “In recent years, though, the increased threat of costly libel actions has begun to have a chilling effect on scientific and academic debate and investigative journalism.” The bill includes a new statutory defence of truth which will replace the current common law defence of justification. It also includes a statutory defence of honest opinion replacing the current common law defence of fair and honest comment. In a bid to stamp out libel tourism, a court will not accept jurisdiction unless satisfied that England and Wales is “clearly” the most appropriate place to bring the action against someone who does not live in the UK or an EU member state. The bill will also remove the presumption in favour of jury trial as part of a series of measures to cut costs and speed up court cases. The government has also begun a consultation on issues not covered by the draft bill, including responsibility for publication on the internet. It will ask whether the law should be changed to give greater protection to secondary publishers such as internet service providers and discussion forms. More details soon… •
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