Pressure to reform libel

Reforming libel is urgent in the interests of free speech according to campaign groups English Pen and Index on Censorship. They have produced a report which recommends changes to the UK libel laws to make it easier to defend a libel action, and to reduce the costs.

These are their recommendations (with my commentary):

• Unreverse the burden of proof. It would be up to a claimant to prove a story is false. Currently truth is the main defence to libel but the defendant is required to prove the story is true.
• Cap damages at £10,000. Currently there is a £200,000 cap.
• Change the multiple publication rule: currently each repetition is a fresh cause for action. This includes each time a piece is downloaded by a web visitor. The report recommends a single publication rule.
• Only allow English courts to consider a libel action where at least 10% of a publication's circulation is in England. Currently only a few copies need to be sold in England for the courts to claim jurisdiction.
• Establish a libel tribunal as a cheaper alternative to a full trial. 
• Strengthen the public interest defence. Currently stories where truth cannot be proved rely on the Reynolds defence. This is only available for stories of the most serious public concern.
• Entitling people to their opinion in a broader range of circumstances. The current fair comment defence comes with a raft of conditions.
• Cap base costs in libel cases. Currently the loser usually pays most of the costs of both sides and the sum is unlimited. The McLibel case is estimated to have cost £10m.
• Create special exemptions for some parts of the internet such as chat.
• Currently limited companies and PLCs have the same rights as individuals to protect their reputation. The report recommends removing libel protection for medium and large companies.
 

Libel in the news

• Libel stains Britain's good name says the Index on Censorship 
• The Times reports that US publishers have threatened to stop publishing in the UK because of the risk of libel action
• Simon Singh, writing in the Guardian, says that UK libel law is out of kilter with the rest of the democratic world, encouraging 'libel tourism' and the erosion of free speech in other countries
• The Index on Censorship and English PEN hope their report will stiffen the resolve of the current parliamentary select committee on press standards, privacy and libel, said Ken Macdonald QC, former director of public prosecutions, quoted in journalism.co.uk
• The BBC quotes the Ministry of Justice saying it will "carefully consider" the suggestions