Nov 11, 2009
The Libel Reform Campaign
I’ve long believed our Libel laws at require a radical overhaul. English PEN, Index on Censorship and Sense About Science have set up The Libel Reform Campaign which aims to do just that – Jo Glanville and Jonathan Heawood have published the report “Free Speech is Not for Sale” on the campaigns website which includes 10 recommendations.
1. In libel, the defendant is guilty until proven innocent
We recommend: Require the claimant to demonstrate damage and falsity2. English libel law is more about making money than saving a reputation
We recommend: Cap damages at £10,0003. The definition of ‘publication’ defies common sense
We recommend: Abolish the Duke of Brunswick rule and introduce a single publication rule4. London has become an international libel tribunal
We recommend: No case should be heard in this jurisdiction unless at least 10 per cent of copies of the relevant publication have been circulated here5. There are few viable alternatives to a full trial
We recommend: Establish a libel tribunal as a low-cost forum for hearings6. There is no robust public interest defence in libel law
We recommend: Strengthen the public interest defence7. Comment is not free
We recommend: Expand the definition of fair comment8. The potential cost of defending a libel action is prohibitive
We recommend: Cap base costs and make success fees and ‘After the Event’ (ATE) insurance premiums non-recoverable9. The law does not reflect the arrival of the internet
We recommend: Exempt interactive online services and interactive chat from liability10. Not everything deserves a reputation
We recommend: Exempt large and medium-sized corporate bodies and associations from libel law unless they can prove malicious falsehood.The Libel Reform Campaign.
I wish the campaign success before many more of us fall foul of our ridiculous libel laws.

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