Tag Archives: defamation

Super-injunctions and libel reform at the Frontline Club (video)

Last night’s debate at the Frontline Club saw Carter-Ruck senior partner Nigel Tait (wearing a ‘Hated by the Guardian’ badge) go head to head with  science writer Simon Singh and the Guardian’s David Leigh.

Also joining them on the panel was David Hooper, a media law specialist and partner at Reynolds Porter Chamberlain and chair Clive Coleman, presenter of Radio 4’s Law in Action (and a former barrister).

Catch up with the debate here:

Highlights included Tait’s version of the Trafigura super-injunction versus Leigh’s; discussion around ‘libel tribunals’ to resolve cases more quickly and more cheaply; and a chance audience encounter between a film-maker who was sued and the very lawyer that sued her.

I spoke to Simon Singh afterwards about the ongoing libel case he’s fighting over a Guardian article published in 2008. Singh is celebrating a victory in the Court of Appeal to defend his article as fair comment, but the British Chiropractic Association (BCA) has not yet dropped its case.

“The case could carry on for another two years; they could go to Supreme Court,” he said. “I’m more than happy to discuss it in a trial, the statements I made in the article.”

“I’m much happier with the position it stands now, as opposed to two weeks ago.”

But he added, he’s annoyed and angry that it’s taken a couple of years and hundreds of thousands of pounds to decide the meaning of a couple of words.

Would he encourage others to stand up as he has? “I think that everyone has to make their own judgement…. You have got to be a little bit unhinged and wealthy to fight these. Most people aren’t that unhinged and aren’t necessarily that wealthy to fight them.”

“Except,” he adds, hesitantly, “the ruling two weeks ago was quite clear, the judges said: ‘we do not want to see scientists being hauled through the libel courts’.”

“My interpretation of their ruling is that the default defence will be one of comment, which immediately gives scientists and researchers a bit more confidence if they go to trial.”

Journalism.co.uk backs Libel Reform Campaign

Journalism.co.uk has pledged its support to the Libel Reform Campaign, run by Index on Censorship, Sense About Science and English PEN to overhaul current legislation, bringing in a new bill that caps libel case fees for lawyers and addresses the impact of online publishing on libel.

Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.

Our pledge:

As a small, online publisher, we are acutely aware of the ‘chilling effect’ that current libel legislation and the excessive cost of libel trials in the UK can have on freedom of expression and journalism. We support the Libel Reform Campaign and the changes it proposes, which advocate journalists’ right to criticise and question those in power and positions of influence.

The petition can be signed at this link.

Some of the listed supporters:

Guardian: Fair comment, the soul trio and a change for UK libel laws?

A legal case dating back to 2006 involving a musical trio, the Gilettes, their agent and an Italian restaurant in Leeds could have a significant impact on the use of fair comment as a defence in UK libel actions.

In the case, which will be brought in front of the Supreme Court, the Gilettes as claimants have had two applications for a defence of fair comment by their agent 1311 events struck out.

Explains the Guardian:

It will be the first study of the issue by the country’s highest legal authority since the law lords looked into it almost 20 years ago. Media organisations hope it will clear away a tangle of legal complexities around a defence which many claim has become increasingly difficult to mount in recent years: that an opinion is not libellous if it is based on fact, is in the public interest and is levelled without malice.

Full story at this link…

Mark Lewis: Libel law’s ‘killing effect’

Mark Lewis, the solicitor-advocate in Manchester who currently represents Dr Peter Wilmshurst (see background here),  has written an excellent piece on the need for libel reform, in the Solicitors’ Journal. “When the law is so bad that it leaves you speechless it needs changing,” he writes.

The law of defamation is expensive to pursue and even dearer to defend. The stress, time and financial cost of a libel case stop people speaking out. Libel law is simple currently: a rich claimant trumps a poor defendant. Newspapers worry about the ‘chilling effect’ of libel – investigative journalism is hampered as a result of lawyers for the press advising their clients to err on the side of caution.

At least it’s not a matter of life or death. Well, it is now. The chilling effect turned into the ‘killing effect’ when claimants realised that a well-drafted claim form is likely to have the effect of silencing an individual who attacks medical products or procedures.

Full story at this link…

The Daily Star: Bangladeshi bill would stop journalist harassment

Bangladesh’s parliament will scrutinise a bill proposed by Law, Justice and Parliamentary Affairs Minister Shafique Ahmed that would prevent courts from issuing arrest warrants against editors, publishers, reporters or writers in defamation cases.

The proposed bill would overhaul the existing Code of Criminal Procedure, 1989, in the country, and allow courts to issue summons rather than arrest warrants.

A report on the bill is expected in two weeks.

Full story at this link…

Share your views on defamation and the internet

Writetoreply.org, a site which allows users to comment on public reports, has uploaded (unofficially) the Ministry of Justice consultation, Defamation and the internet: the multiple publication rule (see Journalism.co.uk report here).

The consultation was published on the 16 September 2009 and closes on 16 December 2009. WritetoReply will send all the comments received on its site to the Ministry of Justice.

Big Brother Watch: How an investigative journalist lost his job because of the UK’s libel system

Fascinating post from journalist Willard Foxton, until recently in charge of investigative title Chambers Report, on how the threat of libel caused him to lose his job.

Foxton ran a story on a Middle East branch of a British law firm, whose expansion had gone ‘catastrophically’ wrong. Despite countless interviews, multiple sources and an acceptance of truth from the firm, the title was still issued with a writ by the individual at the centre of the story – the only person Foxton had not asked if it was true (as part of the Reynolds defence) for fear of an injunction against publication.

“[I]n this case, the evidence was so strong (right down to senior people referring off the record to this individual as ‘the worst person we have ever hired’), I felt totally confident that we were safe,” writes Foxton.

“I was wrong. Really, really quite wrong.”

The cost of defending the legal action – and the potential cost of losing – were too much for the publisher: the magazine was closed and Foxton fired.

“It’s not just the publisher who could get sued either – because of the state of our libel laws, our distributors, our internet host, everyone even connected to us or the toxic-but-true article could be sued.

“He [my employer] sat me down in his office, told me he respected me as a journalist – respected me so much, in fact that he wants me to keep writing for his publishing firm – but said that libel scared him far too much to take risks.

“So there you go. A rich man in the emirates launches a libel writ against a UK publication for writing true things, and the publication gets shut down. I lost my job; the journalist who wrote the story received a written warning about his conduct. Why? Because we uncovered and exposed the truth.”

Full post at this link…