March 23rd, 2010
The Justice Secretary, Jack Straw, will today announce reform of English libel law at a mass lobby of Parliament organised by The Libel Reform Campaign led by English PEN, Index on Censorship and Sense About Science.
The Justice Secretary will outline the Government is committed to a single publication rule; a consultation into whether a statutory public interest defence can be developed in a way which balances competing interests concerning freedom of expression and reputation; procedural changes around rules and practice in relation to service out of the jurisdiction, to deal with “libel tourism” and work on other procedural issues e.g. early resolution of meaning and strengthening the pre-action protocol to stop lawyers running up unnecessary costs.
The commitment by the Labour Government comes after Nick Clegg committed the Liberal Democrats to radical reform on 18 January. Campaigners and now asking David Cameron whether the Conservative Party will commit to reform.
The Libel Reform Campaign is “pleased that action is being taken” but has asked for a commitment from the government to reform:
- A clearer defence of “fair comment” in law;
- Removal of internet chat and interactive online services like blogs from liability
- Preventing corporations and associations from using libel law , restricting them to malicious falsehood.
Jack Straw’s statement and the Libel Reform Campaign mass lobby of Parliament will be held in Committee Room 14 between 2 – 3pm
Jo Glanville, the Editor of Index on Censorship said
Labour have shown a commitment to freedom of expression, albeit a late one, by clearly stating they will reform our libel laws. We’re pleased Jack Straw has taken our recommendations seriously, and has come up with some significant proposed reforms, though we would like to see a clearer fair comment defence and an exemption of corporations from libel law.
Tracey Brown, the Managing Director of Sense About Science said:
It would be ludicrous for any party to suggest we should continue with these unfair and ridiculed libel laws that’s why we’re glad Labour have announced a commitment to reform. We need freedom of speech that we can exercise confidently, to discuss science and medicine or any other subject of public interest. Not semi-feudal laws that tie people up in court for two years and chill public discussion.
Jonathan Heawood, the Director of English PEN said:
We still haven’t heard from the Tories who claim to be championing individual liberty. We hope David Cameron will listen to the 44,000 people who have signed the libel reform petition. The level of popular support for reform shows that this law is not just about journalists but human rights activists, scientists and academics, even mothers chatting online: free expression really is an issue for everyone.
The Libel Reform Campaign is a coalition of English PEN, Index on Censorship and Sense About Science.
March 23rd, 2010
Justice Secretary Jack Straw has announced that the government believes the case for libel reform has been made, and that the Ministry of Justice will now move to make reforms to England’s defamation laws, potentially with a Libel Reform Bill.
(more…)
March 8th, 2010
The right to a fair trial can override free expression, says Carl Gardner
(more…)
March 4th, 2010
Index on Censorship today welcomes the Justice Secretary’s decision to cut lawyers’ fees dramatically in ‘no win no fee’ defamation cases, but warns that costs are only one part of a libel system in need of serious reform
Justice Secretary Jack Straw announced last night (03 Mar) that he will cut the amount that lawyers can claim in “success fees” in defamation cases from 100 per cent of costs to 10 per cent.
Straw said:“Reducing the success fees charged by lawyers in no-win, no-fee defamation cases will help level the playing field so that scientists, journalists and writers can continue to publish articles which are in the public interest without incurring such disproportionate legal bills.”
The Ministry of Justice amendment was made by statutory order yesterday and will come into effect from April this year.
English PEN and Index on Censorship’s report on libel law, “Free Speech is Not for Sale” recommended capping base costs and making success fees and After the Event insurance non-recoverable.
John Kampfner, Chief Executive of Index on Censorship says the move is a welcome step on the road to libel reform.
He said:
“Our libel courts should be concerned to secure fairness for all, not to reward those with large pockets. It is now up to the legal profession to adapt to the new circumstances to ensure access to justice for claimants and defendants alike.”
Jo Glanville, Editor of Index on Censorship and member of the Ministry of Justice working party on libel reform said:
“We’re delighted that the Justice Secretary has addressed one of the most significant chills on free speech by slashing success fees in ‘no win, no fee’ cases – one of the key demands in our libel reform campaign with English PEN. While conditional fee agreements were introduced to provide access to justice, they had the unintended effect of in fact reducing access for newspapers, publishers and NGOs who could not afford to defend a libel action against a claimant lawyer on a CFA.”
January 20th, 2010
English PEN and Index on Censorship today welcome Jack Straw’s proposal to make dramatuc cuts to lawyers’ win fees in defamation cases, but warn that fees are only one part of a libel system in need of serious reform.
(more…)
December 30th, 2009
Jack Straw has noticed the clamour for change. Reform of our unfair defamation laws must now become a manifesto pledge, says Padraig Reidy
(more…)
December 1st, 2009
Justice Secretary Jack Straw is to establish a working group to examine England’s controversial libel laws. The group will consist of media lawyers, editors and experts. The government has also said it will respond to English Pen and Index on Censorship’s
libel report, along with recommendations by the Culture Media and Sport Select Committee within two months of the publication of the Select Committee report.
The working group is expected to convene in January 2010.
November 21st, 2009
The Justice Secretary is reported to have pledged to make English defamation laws fairer. Index on Censorship reports
(more…)
