Defamation bill targets 'libel tourism'

The government has today published a draft defamation bill which takes a tougher stance on 'libel tourism' and includes provisions for a single publication rule online.

The bill, published by justice secretary Kenneth Clarke, introduces new measures for England and Wales which aim to support free speech, enable people to protect their reputation and stop unreasonable threats of being sued for libel.

'Libel tourism' describes the practice of foreign claimants bringing cases in the UK to take advantage of its strict libel laws. But the new draft bill states that a court does not have jurisdiction to hear and determine a claim "unless it is satisfied that, of all the places in which the statement complained of has been published, England and Wales is clearly the most appropriate jurisdiction in which to bring an action".

The bill adds: "This approach is intended to ensure that, in cases where a statement has been published in this jurisdiction and also abroad, the court is required to consider the overall global picture to consider where it would be most appropriate for a claim to be heard.

"It is intended that this will overcome the problem of courts readily accepting jurisdiction simply because a claimant frames their claim so as to focus on damage which has occurred in this jurisdiction only."

Under the single publication rule, action would not be able to be brought in relation to publication of the same material by the same publisher after a one year limitation period had passed.

Other measures include a new requirement that a statement must have caused, or is likely to cause, substantial harm in order for it to be defamatory.

In relation to defences, the draft bill introduces a new statutory defence of responsible publication on matters of public interest, a statutory defence of truth to replace the current common law defence of justification, and a statutory defence of honest opinion, which would replace the current common law defence of fair comment.

The bill also includes provisions for updating and extending the circumstances in which the defences of absolute and qualified privilege are available.

Alongside the draft bill a consultation paper has also been launched, as well as questions on areas not currently included within the draft bill.

These include areas issues which were raised by the Libel Reform Campaign in its report from last year, "Free Speech Is Not For Sale", such as the issue of defamation online and the high legal costs costs associated with libel actions in the UK.

Following publication of the bill today, the Libel Reform Campaign said there "needs to be a commitment" to include such measures within the bill. The government said this will be considered following consultation, which runs until 10 June.

Justice secretary Kenneth Clarke said in a release that the draft bill will ensure that anyone who makes a statement of fact or expresses an honest opinion "can do so with confidence".

In an additional statement within the release, deputy prime minister Nick Clegg said current libel laws are "outdated" and have "made it easy for the powerful and 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," he said.

"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."

Nick Clegg had previously outlined the government's plans to reform the UK's libel laws, branding the current legislation an "international farce".

The government announced in July last year, at the second reading of Lord Lester's defamation bill, that it would bring forward its own draft legislation to reform existing UK libel laws by the 2011/12 parliamentary session.

Disclaimer: Journalism.co.uk has pledged its support to the Libel Reform Campaign.

Image by Nigel Chadwick. Some rights reserved.

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