Kyiv Post libel case thrown out by high court judge

I libel case brought against Ukrainian newspaper the Kyiv Post in London's high court has been thrown out, but the newspaper says it will not remove a block on UK traffic to its website just yet.

According to Index on Censorship, a judge ruled today that London's High Court "is not the best place" for the libel dispute between a Ukrainian businessman and Public Media, publisher of the Kyiv Post, to be heard.

Master Leslie who ruled on the proceedings in the Queen's Bench Division threw the case out, IoC reported, saying that there is "no substantial connection to this jurisdiction".

Speaking to Journalism.co.uk chief editor of the Kyiv Post Brian Bonner said the site would not yet be taking down the block, which has been in place since 14 December, while it waits to see if the ruling is appealed by the claimant. The block was put in place by the newspaper in protest against what it calls the UK's "draconian libel laws".

"This is the right decision and we are delighted with it. This sends a clear message to those attempting to use English libel laws where they are not appropriate. The best place to settle disputes is in the country in which they occur. I hope this ruling, combined with changes in the English libel law, will put an end to the 'libel tourism' that has chilled free speech around the world.

"On the advice of our lawyers, we are not removing the Kyiv Post block on UK addresses just yet."

He added that a lift on the block will also depend on an assessment by lawyers on the likelihood of the paper facing similar complaints in England in the future.

Visitors from the UK trying to access the Kyiv Post website will therefore continue to be greeted by a webpage carrying a message outlining the site's protest against UK libel law.

In an early report by the UK's Libel Reform Campaign, of which Index on Censorship is part of, the group recommended that "no case should be heard in this jurisdiction unless at least 10 per cent of copies of the relevant publication have been circulated here".

Last year deputy prime minister Nick Clegg said he was committed to bringing forward legislation to reform libel laws and end the practice of bringing libel cases in other jurisdictions known as "libel tourism".

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