Category: Defamation / Libel
1 June 2010
We posted on Friday that the libel reform debate is hotting up now that the Coalition Government has pledged to reform the law of libel. We are following the debate because of the wide-ranging implications any significant reform will have for the law of freedom of expression, as a number of articles published over the weekend demonstrate.
Lord Lester, who has recently produced a draft libel reform bill, writes in the Times:
The chilling effect of our current libel law needs urgently to be tackled by the government and parliament. I hope that my bill will be the catalyst for much-needed legislative reform.
John Kampfner, chief executive of Index on Censorship, an organisation which aims to promote freedom of expression, writes in the Guardian:
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28 May 2010
Set the ball rolling
The recent announcement of the review of libel and privacy law by a high-profile panel has led to a flurry of conjecture, comment and proposals. The new Government has pledged to reform the law of libel, but what shape will the reforms take?
The committee, which was announced last month, is being led by Lord Neuberger, the head of the Court of Appeal, and will be composed of legal and media experts. One notable absence, as Joshua Rozenberg blogs, is Mr Justice Eady, who has been responsible for many of the more controversial “super injunctions”.
The new Coalition Government have pledged to “reform libel laws to protect freedom of speech“. Cases involving libel, defamation and super-injunctions have seen two competing European Convention rights fighting it out; Article 8 (right to privacy) versus Article 10 (freedom of expression).
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30 April 2010
No more super injunctions?
Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is carried out in secret, away from public scrutiny, bad habits can develop. Even if they don’t develop, the impression may arise that they have done so.”
Super injunctions came to prominence as a result of the case involving footballer John Terry, who initially used the courts to block publication of details of his extra marital affair, as well as all mention of the case.
The speech will be of particular interest to libel lawyers, as Lord Neuberger is currently chairing a high-profile panel to review super-injunctions which may lead to their demise. The speech provides a useful background to the issue in terms of human rights law, as well as in relation to freedom of speech in the United States (see our recent post on the topic).
Lord Neuberger gave little away, but does strongly emphasise the importance of open justice, which the super injunction has arguably diminished. The following paragraph may worry lawyers and celebrities who hope that the super injunction will survive:
29. But what of the substantive issue? How do we reconcile such injunctions with the principle of open justice? The first thing we could say is, as Mr Justice Tugendhat, the judge in the Terry case, pointed out, where such an issue is raised it requires intense scrutiny by the court. It does so because openness is one of the means by which public confidence in the proper administration of justice is maintained. Where justice is carried out in secret, away from public scrutiny, bad habits can develop. Even if they don’t develop, the impression may arise that they have done so. Neither reality nor suspicion are an acceptable feature of any open society.
15 April 2010
The British Chiropractic Association (BCA) has dropped its libel action against Simon Singh, in light of the stinging rebuke it received from the Court of Appeal earlier this month.
Dr Singh was being sued by the BCA in respect of an article he wrote in The Guardian (now reprinted) in April 2008, in which he said there was not enough evidence to prove that chiropractic treatment is effective against certain childhood conditions including colic and asthma.
We posted on April 1 on the preliminary decision. The Court of Appeal judges used their judgment on two preliminary issues (in particular, whether Dr Singh could use the defence of “fair comment”) to mount a robust and somewhat lyrical defence (quoting Milton, amongst other things) of the right to scientific freedom of expression.
Given the unusually strong tone of the Court of Appeal judgment, the BCA will have questioned their chances of success in the final hearing. The BCA say in their statement:
The Court of Appeal, in its recent judgment, has taken a very different view of the article [than Mr Justice Eady in the High Court]. On its interpretation, the article did not make any factual allegation against the BCA at all; it was no more than an expression of ‘honest opinion’ by Simon Singh. While it still considers that the article was defamatory of the BCA, the decision provides Dr Singh with a defence such that the BCA has taken the view that it should withdraw to avoid further legal costs being incurred by either side.