According to the Ministry of Justice: Designed to increase the protection of free speech, allow quicker recourse for those who have been genuinely defamed and bring an end to "libel tourism," the Defamation Bill responds to concerns from scientists, NGOs and the media that the current law stifles investigative journalism or academic/scientific debate through the threat of long and expensive libel proceedings.
Publishing the Bill, Justice Secretary Kenneth Clarke said:
“Freedom of speech is essential in a democratic society. The Defamation Bill will rebalance the law to ensure those who have genuinely been defamed can still take action and seek redress, but without the threat of such action unjustifiably hindering freedom of expression.
“The current system is complex, unwieldy and expensive. These reforms will provide clarity, ease the threat of long and costly libel proceedings, and make it easier for trivial cases to be dismissed without undermining individuals ability to protect their reputation.”
The new rules will clamp down on trivial claims and so-called “libel tourism”. By requiring claimants to show that “serious harm” was done to their reputation the new rules will ensure that only serious cases are brought. Also people won’t be able to take advantage of our courts to sue in cases where the parties have little connection to England and Wales.
The Bill will also:
• Introduce a new procedure to help claimants identify the authors of defamatory statements on the internet.
• Replace the notoriously difficult to prove “fair comment” defence with a requirement to show that a remark is an “honest opinion”
• Stop repeated claims being brought against a publisher about the same or similar material by introducing a single publication rule
• Remove the presumption in favour of jury trial which currently adds significantly to the cost of cases and the time taken to resolve them. The judge will have the discretion to order jury trial where it is in the interests of justice.
• Limit the situations in which secondary publishers such as booksellers can be sued.
• Give additional protection against libel claims to peer-reviewed material published in scientific and academic journals
• Enable the courts to order publications which have committed libel to print a summary of the court’s judgment.
