24 Mar 10 | Uncategorized
I may, in the past, have had a go at Radio 4’s Thought For The Day.
I may have complained that “The allocation of airtime to this deadening fuzzy logic, bang in the middle of a programme that’s supposed to be about truth, honesty and fairness, is one of the great mysteries of the modern age.”
But today Oliver McTernan used the slot to talk about libel reform, specifically the mass lobby at parliament yesterday.
So now I think Thought For The Day is great.
You can listen to it here.
24 Mar 10 | Uncategorized
This article originally appeared on Comment is free
Jack Straw’s announcement yesterday on libel law reform marks a significant sea change. Ten months ago, the justice secretary told the select committee inquiry on libel, privacy and press standards that he had yet to be convinced that there was a significant problem with libel tourism – where foreign claimants bring their cases to English courts. He is now proposing to limit the ease with which foreign claimants can be heard in this jurisdiction, as well as introducing a single publication rule and considering a statutory defence to protect publications that are in the public interest. He has, in short, acknowledged that the balance was tipped too far in favour of protecting reputation at the expense of free expression.
His support for reform is testament to the lobbying power of a rarealliance of campaigners who provided compelling evidence that libel reform was not simply about protecting the interests of the media establishment, but about safeguarding the free speech of the public as a whole – whether it’s the freedom of a cardiologist to critique a surgical device or the freedom of a science writer to question the efficacy of alternative medicine. Proposals for reform that seemed unpopular and unfeasible just a year ago now sound like common sense. The select committee’s whole-hearted support for reform in its report on privacy, libel and press standards last month was, without doubt, an important endorsement and the final push for change.
This is not, however, the end of the story. One of Straw’s more controversial changes – slashing lawyers’ success fees in conditional fee agreements – is now being threatened with judicial review and it’s likely that his latest proposals will meet with further resistance. Nor are all the justice secretary’s proposals secure: Straw has announced that no more than “consideration” will be given to one of the most important reforms of all – creating a statutory public interest defence. For NGOs investigating corruption and scientists criticising treatments, this remains a much-needed protection. Over the past few months, NGOs (Index on Censorship, English Pen and Sense about Science) have sent evidence to the libel reform campaign that details the extent to which fear of libel action is inhibiting publication of research that is clearly in the public interest.
Furthermore, while the welcome introduction of a single publication rule goes a long way towards rescuing the internet from the tyranny of a 19th-century precedent, which has ensured that every download of a story was a new publication and therefore potentially a new libel suit, there is still need for enlightened reform. Mr Justice Eady, much reviled for being the bane of free speech, wisely suggested last month that there was need for an international agreement that would address the new challenges posed by the internet. Let’s hope that Labour can follow through its promise of a libel reform bill in the next parliament. While Dominic Grieve dismissed the proposals yesterday as “pre-election posturing”, Jack Straw’s blow for free speech prompted the Conservative party to declare its strongest support to date for reform. Let’s hope they all mean it.
23 Mar 10 | Uncategorized
Index on Censorship, English PEN and Sense About Science took the Libel Reform Campaign in Westminster today (23 March).
In a packed lobby room in the House of Commons, ministers from the justice departments of the UK’s three main political parties committed to reforming the country’s libel laws, which are considered to be biased towards claimants and hostile to journalists and scientists.
Justice Secretary Jack Straw pledged to create a draft libel reform bill after the general election; a commitment that was reiterated in principle by the Liberal Democrat justice spokesman and the Conservative Party’s Shadow minister for justice.
Straw thanked Index on Censorship, English Pen and Sense about Science for their work in the Libel Reform Campaign. The three non-governmental organisations outlined the need for urgent libel reform with the publication of a report on the subject last November. Entitled Free Speech is not for Sale, the study concluded that the cost of defending a libel action is prohibitive and that, in libel, the dependant is guilty until proven innocent.
Earlier today Straw spoke to BBC Radio 4’s Today programme, pledging to end the abuse of the libel system and bring about the end of libel tourism.
The justice secretary said the government will improve the rules governing internet defamation and offer greater protection to journalists with a number of new reforms in the next Parliament.
Straw also published the findings of the Libel Working Group, which has recommended that the government address the issue of single publication, protect publication in the public interest and prevent the continuing growth of libel tourism.
“There have been horrific examples where scientists are being sued for alleged defamation,” he said. “Ending libel tourism is very important, dealing with this problem of multiple publication, extending the defence of fair comment so there is a statutory defence for responsible journalism.”
He added that the changes planned reflect concerns that libel laws are “constraining freedom of expression”.
This viewpoint was supported in front of 150 campaign supporters — including philosopher AC Grayling and playwright Michael Frayn — by David Howarth, Liberal Democrat justice secretary. He even suggested that reforms should go as far as banning corporate bodies from being able to use libel at all, an idea also mooted by Fiona Godlee, editor of the British Medical Journal.
Henry Bellingham, the shadow minister for justice, agreed in principle with Straw’s proposals, but expressed concern that access to justice is reserved for those that need it. He did, however, commit to forming a draft bill by the end of 2010 — should the Conservatives win the next election — and reassured campaigners that the opposition party takes the issue “very seriously”.
23 Mar 10 | News and features
The Justice Secretary, Jack Straw, will today announce 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.
The Justice Secretary will outline the Government is committed to a single publication rule; a consultation 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” and 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 Nick Clegg committed the Liberal Democrats to radical reform on 18 January. Campaigners and now asking David Cameron whether the Conservative Party will commit to reform.
The Libel Reform Campaign is “pleased that action is being taken” 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
- Preventing corporations and associations from using libel law , restricting them to malicious falsehood.
Jack Straw’s statement and the Libel Reform Campaign mass lobby of Parliament will be held in Committee Room 14 between 2 – 3pm
Jo Glanville, the Editor 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 significant proposed reforms, though we would like to see a clearer fair comment defence and an 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:
We still haven’t heard from the Tories who claim to be championing individual liberty. We hope David Cameron will listen to the 44,000 people who have signed the libel reform petition. 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.
