The Lord Chief Justice, Lord Judge, is to chair the bench in what could be a landmark hearing for libel law in England. Lord Judge will preside over science writer Simon Singh’s appeal against an earlier ruling on meaning in the case he is defending against the British Chiropractic Association.
Read more here
This morning’s Today programme featured Tracey Brown of Sense About Science (a valued partner organisation in the Libel Reform Campaign), cardiologist and libel tourism victim Peter Wilmshurst, and Shadow Justice Secretary Dominic Grieve.
You can listen to it all here (07.37 for Tracey, 08.48 for Wilmshurst and Grieve).
Worryingly, Dominic Grieve doesn’t seem to think there’s anything wrong with English libel laws, besides the expense. While expense is a serious concern, it is by no means the main one, as Grieve claims. He posits that people sue in London because of the potential earnings. But this would seem to miss the point: the earnings are attractive, but it is the favourable prospect of winning that makes it worth bringing a case: it is, currently, not a huge gamble to bring a defamation case.
Addressing the specific case of Peter Wilmshurst, Grieve said it was “remarkable” that someone had “chosen” to sue the cardiologist in England. Sadly, it is not remarkable that NMT has “chosen” to bring a suit against Wilmshurst in London. What is remarkable that NMT can bring the suit here.
On libel tourism, Grieve went on to say that if a foreign-published libel is “widely reproduced” in the UK, then a person should have a right to sue: well, quite. But no one, at least not Index on Censorship, English Pen or Sense About Science, has suggested otherwise. The key word is “widely”, a question addressed in Index and PEN’s report.
With the Lib Dems committed to reform, and Labour’s Jack Straw at least making positive noises, isn’t it time the Conservatives started taking libel seriously?
Hat tip: Laura Oliver at journalism.co.uk
Launch of the Libel Reform campaign and the English PEN and Index on Censorship “Free Speech Is Not For Sale” report
12 – 2pm, 10th November 09. Light lunch provided.
Free Word Centre, 60 Farringdon Road, EC1R 3GA
Index on Censorship and English PEN fear:
“We’re becoming a global free speech pariah”
“Our libel laws allow people accused of funding terrorism or dumping toxic waste in Africa to silence their critics whilst ‘super-injunctions’ stop the public from even knowing that such allegations exist. We need to reform our libel laws now, and that’s why we’re launching a national campaign to persuade our politicians to do so.”
Jonathan Heawood, Director of English PEN
“If we don’t act we’re at risk of becoming a global pariah. There are US States who view English libel law as so damaging to free speech they have passed laws to effectively block the decisions of English judges. Our report is an important milestone in modernising our antiquated and chilling approach to free expression.”
John Kampfner, the CEO of Index on Censorship
English PEN and Index on Censorship will be publishing their report on English libel law reform, and launching the Libel Reform campaign, at the Free Word Centre on 10 November.
English PEN and Index on Censorship have been looking into these issues in detail for over a year now and it has become increasingly clear that English libel law and the use of ‘super-injunctions’ are having a profoundly negative impact on freedom of expression, both in the UK and abroad. Writers such as Simon Singh, and respected current affairs programme Newsnight, have found themselves facing defamation suits, whilst human rights campaigners are often forced to edit and retract articles in the face of potential libel action.
The Libel Reform campaign will bring together Index on Censorship and English PEN to mount a national campaign with a website launched on 10 November to persuade politicians from all parties of the importance of reforming these unjust laws.
Update: Read the Independent’s interview with Index on Censorship’s John Kampfner here