Libel Law Reform To Be Introduced

New measures are to be introduced to support free speech, enable people to protect their reputation and help stop the use of unreasonable threats of being sued for libel.

The Government's proposals aim to bring libel law up to date, striking the balance between protecting people's right to free speech - including responsible journalism and scientific debate – from unjustified libel actions, while enabling people who have genuinely been defamed to protect their reputations. They will also explore ways to speed court cases up and cut the costs associated with defamation proceedings.

Unveiling the draft Defamation Bill, Justice Secretary Kenneth Clarke said: “The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society. 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 Government's draft Defamation Bill will ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence.

“However it is never acceptable to harm someone's reputation without just cause, so the Bill will ensure defamation law continues to balance the needs of both sides and encourage a just outcome in libel cases.”

The draft Bill includes provision for:

• A new 'public interest' defence which can be used by defendants in defamation cases
• A requirement for claimants to demonstrate substantial harm before they can sue
• Reducing so-called "libel tourism" by making it tougher to bring overseas claims which have little connection to the UK in the English courts
• A single publication rule, meaning repeat claims for libel cannot be made every time a publication is accessed on the internet

Welcoming the draft Bill, Deputy Prime Minister Nick Clegg said: "For too long our outdated libel laws have made it easy for the powerful and the wealthy to stifle fair criticism. We cannot continue to tolerate a culture in which scientists, journalists and bloggers are afraid to tackle issues of public importance for fear of being sued.

"These reforms will restore a sense of proportion to the law, upholding the importance of free speech while ensuring that people are able to defend themselves against unfair and untrue allegations. The Bill underlines the coalition government's commitment to civil liberties and to healthy, open debate."

A consultation paper has also been launched alongside the draft Bill, which includes questions on a number of other areas.

These include the role of the internet, and a new court procedure to cut the sometimes overwhelming court costs associated with libel actions by encouraging early resolution of key issues. The Government will then consider whether these measures should be included when the Bill is put before Parliament.

The consultation is open from today until 10 June.

(BMcN/KMcA)