Libel reform: draft Defamation Bill seeks a legal balance but ignores the costs issue

摘要

On March 15, 2011 the government's Defamation Bill was launched with the stated aim of reforming libel law to support free speech, enable people to protect their reputation and help stop the use of unreasonable threats of libel litigation. The Ministry of Justice maintains that the proposals aim to bring libel law 'up to date,' striking a balance between protecting people's right to free speech (including responsible journalism and scientific debate) while enabling people who have genuinely been defamed to protect their reputations. Justice Secretary, Kenneth Clarke said: 'The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society. In recent years though, the increased threat of costly libel actions has begun to have a chilling effect on scientific and academic debate, and investigative journalism. 'The government's draft Defamation Bill will ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence. However, it is never accep table to harm someone's reputation without just cause, so the Bill will ensure defamation law continues to balance the needs of both sides and encourage a just outcome in libel cases.' The draft Bill is comprised of eight sections in addition to some general provisions.