I went to the launch of the Libel Reform Report at the Free Word Centre today. The report is co-authored by English PEN and Index on Censorship. The report makes ten recommendations.
More information here, here and here Write-ups here and here. There's a #libelreform hashtag if you want to follow on Twitter.
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2 comments:
Hi,
While I haven't looked at the links you've provided I have been following this issue as it has rumbled along. I must admit I am very torn over the issue.
I disagree with 'libel tourism' and also with the use of libel laws by so-called 'professional' organizations to stifle legitimate debate (I'm thinking of the recent Simon Singh case), and, of course, the 'super-injunctions' in the cases of companies such as Trafigura.
However, there are some (e.g. certain well-regarded TV hosts) who have declared that libel laws are antiquated in the internet age and should be got rid of altogether. I really hope a sensble balance is struck. I believe there is a need of libel laws (which the proposers of the report have agreed with) and can't help thinking that a British resident facing potentially damaging lies and insinuations must have recourse to the law- particularly in the internet age when a lie can spread unchecked and at least a legal victory can be a start to repudiating them.
I am particularly concerned about the cap on damages at £10,000. Kelvin Mackenzie said of his time at The Sun that the policy was publish and be sued as the poor couldn't afford the libel action and the rich are put off by exorbitant, bankruptcy-risking legal actions and even if they win the damages are neglible compared to the increased newspaper sales- it has been hinted that this is still the policy. You don't just fight one paper but the entire Murdoch empire.
I love the recommendation to strengthen the 'public interest' defence- the papers already operate on a policy not of public interest but this might interest the public. This is the threat that was used against Stephen Gately over his homosexuality- which was neither libellous comment nor illegal activity. His sex life was not really in the public interest but was, according to The Sun, of interest to the public.
Would the treatment of Kate and Gerry McCann- accused by virtually every newspaper of murdering their daughter- and successful libel action now be considered exempted under the 'fair comment' argument?
I do agree with the exempting of large companies from being libelled.
I'm sorry I appear to have rambled- what I'm basically saying is that- something has to be done about Britain's libel laws but whether these things are the things to be done I'm not sure. Too much seems to be to protect the publishers- which is fine when you consider a brave crusading publication like the Independent but less appealing when you consider a malicious publication like The Sun- and seems less interested in what could/should be done to protect the most real victims of libel, not premiership footballers or the Elton John's of this world but those who have not the money to bring a libel action in the first place.
Apologies for rambling... and I hope I made some form of clear and reasonable sense there.
And hope I haven't caused any annoyance or offence.
Hi Jon, it's always nice to hear from you.
The people who wrote the report and spoke at the launch suggested that the whole libel thing has got out of hand, with large companies claiming injury to their reputation and using the libel laws to bully individuals who question them. Apparently it's even being used to try to silence specialist doctors who give an opinion on medicines/medical matters e.g. cardiologist Peter Wilmshurst who expressed reservations about a particular product and is being sued.
So the the thrust of the campaign seems to be that reform is needed to stop the libel laws being used as a tool by rich companies to silence individuals (while still ensuring that individuals are protected_ - and that the embarrassing 'libel tourism' nonsense needs to be stopped, too. There are ten recommendations, as you'll see.
However, everyone also seems to think we'll be lucky if even one of these recommendations is followed and that it's likely to rumble on unless people contact their MPs demanding change. Geoffrey Robertson apparently wrote a book 25 years ago recommending pretty much what is recommended in this report, and nothing has changed!
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