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Private Member's Defamation Bill to reform libel law
Thu 27th May 10 - 0:01

Thursday 27^th May 2010 is publication day for Lord Lester of Herne Hill QC's Private Member's Defamation Bill to reform libel law.

 

Libel law is complex, costly and out of date. There is a pressing need for a balanced framework, protecting both the right to reputation and the right to free expression, and taking account of the realities of 21^st century publication. 

 

The Bill is designed to:

 

• Introduce a statutory defence of responsible publication on a matter of public interest;
• Clarify the defences of justification and fair comment, renamed as ‘truth' and ‘honest opinion';
• Respond to the problems of the internet age, including multiple publications and the responsibility of Internet Service Providers and hosters;
• Protect those reporting on proceedings in Parliament and other issues of public concern;
• Require claimants to show substantial harm, and corporate bodies to show financial loss;
• Encourage the speedy settlement of disputes without recourse to costly litigation.

 

The Bill seeks to reduce the chilling effect on freedom of expression and recourse to self-censorship that results from the vagueness and uncertainty of the present law. It also aims to encourage the free exchange of ideas and information, whilst providing an effective and proportionate remedy to anyone whose reputation is unfairly damaged.

 

Anthony Lester said:

 

"The time is over-ripe for Parliament to replace our patched-up archaic law with one that gives stronger protection to freedom of speech. No Government or Parliament has conducted a thorough and comprehensive review. My Bill provides the opportunity to do so and to modernise the law in step with the technological revolution. It creates a framework of principles rather than a rigid and inflexible code, and it seeks a fair balance between reputation and public information on matters of public interest."

 

Lord Pannick QC, cross-bench peer and leading human rights barrister said:

 

"Lord Lester's Bill will remedy many of the legal deficiencies that have made London the libel capital of the world and severely damaged freedom of expression."

 

Robert Dougans, Solicitor-Advocate for Simon Singh in his recent case against the British Chiropractic Association said:

 

"Lord Lester's Bill should be welcomed by free speech campaigners. The proposals follow on from the Singh decision in expanding and enhancing the defence of honest opinion. This ought to be good news for all those seeking to engage in hard-hitting debate.

 

The most important legacy might simply be putting much of libel law on a statutory basis. Attempts by the courts and Parliament to reform the libel laws have just added layers of complexity, to the extent that only specialist lawyers are able to advise upon it. This naturally increases costs and makes it harder to give definite advice."

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