Britain proposes changes to libel law
Source: Agencies |
March 16, 2011, Wednesday
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Print Edition
Print Edition
THE British government yesterday proposed changes in the law of defamation in England and Wales to provide greater protection for speech and publication and to discourage foreign claimants from seeking an easier ride in English courts.
The Department of Justice proposed that a statement must cause substantial harm to be defamatory, and it proposed statutory defenses of responsible publication, truth and honest opinion.
The department called for further consultation on removing a presumption libel trials will be decided by juries, enacting a single publication rule to bar suits over the same material by the same publisher after a one-year limitation period, and on whether the law should give greater protection to secondary publishers such as Internet service providers.
To discourage people from choosing to exploit English libel law, the department proposed denying jurisdiction in England and Wales unless it is clearly the most appropriate place to bring an action against someone who is not domiciled in the United Kingdom or the European Union.
"The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society," said Justice Secretary Kenneth Clarke.
The Department of Justice proposed that a statement must cause substantial harm to be defamatory, and it proposed statutory defenses of responsible publication, truth and honest opinion.
The department called for further consultation on removing a presumption libel trials will be decided by juries, enacting a single publication rule to bar suits over the same material by the same publisher after a one-year limitation period, and on whether the law should give greater protection to secondary publishers such as Internet service providers.
To discourage people from choosing to exploit English libel law, the department proposed denying jurisdiction in England and Wales unless it is clearly the most appropriate place to bring an action against someone who is not domiciled in the United Kingdom or the European Union.
"The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society," said Justice Secretary Kenneth Clarke.
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