US libel law is a result of our weak system, say UK campaigners

Plans to introduce a libel tourism law across the US highlights the weakness of the UK's system, according to campaigners for libel reform.

The law, known as The Speech Act, is now closer to becoming federal law in the US after passing through a Senate committee and gaining support across all parties in Congress.

The law will address cases where claimants bring libel suits in any country which will show most favour to their law suit. The act will now go to a full Senate hearing before coming before the President.

In the UK, libel reform campaigners say this signals a small step towards addressing the issue of libel tourism and further highlights the need for the country to pass its own law.

In a report published by the campaigners English PEN, the Index on Censorship and Sense About Science in November stricter rules regulating those who try to bring a case in another jurisdiction were recommended.

"London has become an international libel tribunal," says report. "We recommend: no case should be heard in this jurisdiction unless at least 10 per cent of copies of the relevant publication have been circulated here."

Mike Harris, spokesman for the Libel Reform campaign, said a US law only confirms its argument that Britain appears "weak" in comparison.

"This just shows that the UK's reputation has been damaged by our restrictions on free speech and libel laws," he told Journalism.co.uk.

"We want the government here to stop all foreign claimants. This clearly indicates the way that UK libel law is damaging free expression and that the committee who considered this clearly had our government in mind when they made their recommendations."

The campaign groups' recommendations to address libel tourism were not taken on by Lord Lester in his Private Member's Defamation Bill.

During its second reading in the House of Lords last week, Lord Lester said he felt the issue of libel tourism had been "greatly exaggerated", despite numerous members of the house raising concerns that it is a significant threat.

Justice Minister Lord McNally said the government's own bill, which is set to be drafted by March 2011, will plan to tackle the issue of libel tourism by looking at a range of options.

Jonathan Heawood, director of English PEN, said libel tourism is a "symptom" of underlying issues with the current UK system, which revised law would tackle.

"This [the US libel tourism legislation] should put added pressure on the government to reform," he told Journalism.co.uk.

"There are things we can do to reduce the risk of libel tourism, but the best thing we can do is reform the overall law. Anyone who thinks there are thousands of cases are wrong, there are a small number, but they are really big cases and it is our duty to stop them."

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