Libel Reform Campaign welcomes Jack Straw’s commitment to libel
The Justice Secretary, Jack Straw, today announced 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.
Importantly, the Justice Secretary’s statement made clear that the Government believes that the case for reform of libel law has been made after the national campaign galvanised 44,000 supporters and persuaded 260 MPs to sign a Parliamentary Early Day Motion and its rider.
The Justice Secretary outlined the Government is committed to:
- a single publication rule;
- consideration 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”;
- 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 the Liberal Democrats passed a motion for libel reform at their conference in September 2008. Henry Bellingham MP, a Conservative Shadow Justice Minister, also made an announcement today that the Tories would propose a Green Paper on Libel Reform and
that in the first year of a Conservative Government there would be libel reform.
The Libel Reform Campaign is “pleased that action is being promised” 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,
- exempting corporations from libel law unless they can prove malicious falsehood.
And that the ‘consideration’ to be given to a statutory public interest defence becomes a concrete commitment to a public interest defence. Campaigners have made it clear that this is an “essential requirement for reform that will protect scientists, NGOs and academics.”
Jo Glanville, the CEO 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 comprehensive reforms, though we would like to see the 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:
“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. The campaign has over 44,000 signatories to its petition to reform England’s libel laws and for a Libel Reform Bill in the next parliament.
Some key facts about English libel law:
- our libel laws are stacked in favour of claimants, of 154 libel proceedings in 2008 identified in the Jackson Review (of 259 taken to the High Court), 0 were won by defendants. The most expensive libel action cost £3,243,980 and the average cost for the 20 most expensive trials was £753,676.95.
- The average cost of a libel trial in England & Wales is 140 times the European equivalent.
- Media companies are becoming ever less likely to fight libel cases to a verdict, in 2008 61% of libel proceedings were settled by a “statement in an open court” this has risen from 21% in 2004.[1]
- As the recession has deepened increasingly corporations are suing each other in a ‘race to the bottom’ to bolster their public profiles, the number of libel cases involving a business suing another business tripled last year.[2]
- In a survey of 600 GPs,[3] half believed that English libel law was “‘restricting open discussion of the potential risks of drug treatment”.
Liberal Democrat leader Nick Clegg has committed his party to wholesale reform of English libel law and praised the campaign saying: “The Libel Reform Campaign is doing excellent work is leading the way in calling for this outdated and unfair system to be changed."