3 ms·
I should point out that the aim of this Bill is to reform existing law, so as provide increased protection for people accused of libel or slander. The existing
by jamessb 14y ago
I should point out that the aim of this Bill is to reform existing law, so as provide increased protection for people accused of libel or slander. The existing law was very bad, as shown by cases like that of Simon Singh [1].
The Libel Reform Campaign has an initial summary assessment of the Defamation Bill [2].
From the Bill's summary [3]:
includes a requirement for claimants to show that they have suffered serious harm before suing for defamation
removes the current presumption in favour of a jury trial
introduces a defence of "responsible publication on matters of public interest"
provides increased protection to operators of websites that host user-generated content, providing they comply with the procedure to enable the complainant to resolve disputes directly with the author of the material concerned
introduces new statutory defences of truth and honest opinion to replace the common law defences of justification. and fair comment.
[1] http://en.wikipedia.org/wiki/BCA_v._Singh http://en.wikipedia.org/wiki/BCA_v._Singh
[2] http://www.senseaboutscience.org/data/files/Libel/Libel_Reform_Campaign_-_Initial_asssesment_of_the_Defamation_Act.pdf http://www.senseaboutscience.org/data/files/Libel/Libel_Refo...
[3] http://services.parliament.uk/bills/2012-13/defamation.html http://services.parliament.uk/bills/2012-13/defamation.html
Edit: add a couple of links
- SEMW 14y agoThat summary's no longer quite accurate, there were some last-minute tweaks to strengthen the defences. In particular: - The "responsible publication on matters of public interest" defence is now just "publication on matters of public interest", the requirement of responsibility is replaced by one that "the defendant reasonably believed that publishing the statement complained of was in the public interest". This is good - the new requirement is conceptually simpler and easier to satisfy. - There's now another new defence: "Peer-reviewed statement in scientific or academic journal etc." are now privileged.