6 Oct 2011 | News and features
Defamation cases should be mediated, and if they are not, they should be the subject of an early neutral evaluation by a High Court Judge, say Index on Censorship and English PEN in their report on defamation procedure.
Funded by the Nuffield Foundation, the Alternative Libel Project’s first report published on 6 October also recommends that:
• judges must use stricter case management;
• litigants should be able to make a stand alone application to determine the meaning of the allegations in question; and
• a costs regime must be introduced to redress the inequality of arms between the parties.
John Kampfner, Chief Executive of Index on Censorship said:
Defamation procedure needs to change so the balance between freedom of expression and reputation is not affected by the relative resources of litigants but by the strength of their claims. The recommendations we have made will not only result in many more cases being resolved very early on, they will ensure that those cases that do go to trial in the High Court are dealt with more efficiently.
The report is a preliminary one and Index on Censorship and English PEN are inviting views on their proposals before the 18 November. To comment, please e-mail Helen Anthony at helen[@]englishpen.org.
The Alternative Libel Project Preliminary Report October 2011
4 Oct 2011 | Index Index, minipost, News and features
Salvadoran president Mauricio Funes has shown his support for a reform bill to decriminalise defamation, but only if certain changes are implemented. Funes, an ex-journalist, has largely supported the decree to substitute the penalty of imprisonment for crimes against public image and privacy, with monetary fines. But the reform, which was approved by the legislative assembly on 8 September, also suggests suspending journalists for up to two years, should they be found guilty of a crime against someone’s honour, and the president has suggested that this condition be removed.
28 Sep 2011 | Index Index, minipost
Two Peruvian journalists accused of defamation were last week sentenced to two years in prison, although on suspended sentences which involve house arrest and paying a civil fine of $11,000 USD. Fritz Du Bois, editor of the newspaper Perú 21, and Gessler Ojeda, Perú 21 correspondent in the city of Arequipa, were reportedly taken to court for publishing stories about supposed links between the family of legislator Ana María Solórzano and prostitution businesses in the southern city.
28 Sep 2011 | Index Index, minipost
A journalist who was found guilty of defamation in Belarus has been barred from leaving the country. Andrzej Poczobut, a Polish-Belarusian journalist who writes for top daily newspaper Gazeta Wyborcza, was found guilty of defaming President Alexander Lukashenko in July, and was given a three-year suspended sentence. Poczobut claims he was recently summoned to a police station in Homel, where he was instructed that as a convict he has no right to travel abroad. Poczobut wrote in his blog regarding the travel ban: “That is not mentioned either in my verdict or in the Criminal Code.”
