Birmingham six libel case settled

Barrister Louis Blom-Cooper has settled in a libel action brought against him by Birmingham six pair Hugh Callaghan and Gerry Hunter at the Dublin High Court. Hunter and Callaghan claimed that a 1997 pamphlet by Blom-Cooper, The Birmingham Six and Other Cases, had implied that they could be guilty of carryimg out the 1974 Birmingham pub bombings, in which 21 people were killed.

Blom-Cooper has apologised for any “unintended suggestion” of guilt. Other elements of the settlement cannot be revealed.

Ireland has one of the most expensive libel jurisdictions in Europe.

Free expression – weekend roundup

In an interview in the Irish Times on Saturday, comic Dara O’Briain had some harsh words for Ireland’s new blasphemy law:

“I think it is a ludicrous notion that you can sue people for blasphemy,” he says. “I think it is an absolutely abhorrent idea that religion in and of itself must remain without question and cannot be insulted and cannot be attacked. I don’t say this in a childish, petty way. I am not going to rush to become a challenge or a test case for it, but it is insane in this day and age that a quasi-medieval church-and-state symbiosis should exist and that somebody will step in.”

O’Briain also voiced his support for the libel reform campaign:

“It is not that I think that comedians are going to be hit with this, I don’t think we are,” he says. “A company would look ridiculous for suing a comedian for a joke about a brand of shampoo, or a set of razor blades, but it is worrying that cardiologists can be sued for making quite justifiable and fair comments about medical equipment on Canadian TV in a British court.”

Read the full interview here.

Index on Censorship chief executive John Kampfner updated Observer readers on the campaign’s progress:

Just before Christmas, the justice secretary responded to the flurry of activity around our campaign by announcing his own inquiry. He asked our two groups, Index on Censorship and English PEN, to nominate one among our number to sit on his group.

When I found out that they had invited Carter-Ruck and Schillings, two major law firms which feast on chilling the free speech of scientists, authors, NGOs and journalists, I suggested to Straw’s people that the two authors of the libel report, Index’s editor, Jo Glanville, and PEN’s director, Jonathan Heawood, should both be members of the inquiry team. As it stood, the composition ran against Straw’s “apparent desire to be seen as a reformer”, I suggested. They quickly relented, arguing that my term “apparent” was unfair. We shall see. This Labour government, after all, has form, creating commissions with the purpose of delaying or diluting change or delivering whitewashes. Perhaps this time Straw may deliver positive change. If he doesn’t, we won’t be bashful in our response.

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Read more here.

And in the same paper, David Mitchell defended the right to be offensive in the light of Islam4UK’s proposed demonstration in Wootton Bassett:

The thing about freedom of speech is that people are allowed to say offensive, indefensible things; that we needn’t fear that because we’re sure that wiser counsels are more likely to convince. “Let the idiots and bullies speak openly and they will be revealed for what they are!” is the idea. It’s a brilliant one and, in confident, educated societies, it almost always works — certainly much more often than any of the alternatives. Why has Alan Johnson lost confidence in this principle? Why have the 700,000 signatories of a Facebook petition calling for the event to be banned?

Read the full article here

A year of gagging

john_kampfner
In 2009 the government, courts and the police have connived in the suppression of investigative journalism and scientific research. But campaigns for free expression are gaining ground, says John Kampfner
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"Most imprisoned journalists have been convicted for defamation"

OSCE media freedom watchdog Miklos Haraszti welcomes United Kingdom’s decriminalisation of defamation, urges other states to follow

“The United Kingdom is the first among the Western European participating States in the OSCE to officially decriminalize defamation. This is a crucial achievement not only for the country’s own freedom of speech, but a great encouragement to many other nations which are still to pursue such a reform,” Haraszti said.

An amendment to the Coroners and Justice Act decriminalized defamation, sedition and seditious libel, defamatory libel and obscene libel in England, Wales and Northern Ireland.

“My Office has recommended the decriminalization of defamation for several years. Although these obsolete provisions have not been used in Western Europe for decades, their ‘chilling effect’ remained. Their existence has served as justification for states unwilling to stop criminalization of journalistic errors, and leave those offences solely to the civil-law domain,” Haraszti said.

“I urge other participating States to speed up reforms and end criminal libel,” he said.”Defamation is a criminal offence in all except nine OSCE participating States — Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Moldova, Romania, Ukraine, the United Kingdom, and the United States. In most countries it is punishable by imprisonment, substantially ‘chilling’ critical speech in the media. Most imprisoned journalists have been convicted for defamation.”

From OSCE

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