By Alexandra Dawson
A new Bill, introduced to protect freedom of speech and free
expression, will help to reform current libel laws and was proposed last
Wednesday. The brief announcement of the new Bill in the Queen’s speech, which
was published Friday, has been hailed a triumph by campaigners.
The Libel Reform Campaign, which consists of English PEN,
Sense About Science and Index on Censorship, hailed the announcement as an
immense victory, as the campaign has been calling for legislation to reform
libel law since November 2009. Director of English PEN Jonathon Heawood, stated
“Our libel laws allow people accused of funding terrorism or dumping toxic
waste in Africa to silence their critics whilst ‘super-injunctions’ stop the
public from even knowing that such allegations exist. We need to reform our
libel laws now, and that’s why we’re launching a national campaign to persuade
our politicians to do so.” Whilst there is still work to be done, a spokesman
for the campaign said: "The Bill will open the way to ending libel tourism
and protecting free expression for journalists, writers, bloggers and
scientists around the world.” Despite this, the campaign added, “There is still
work to be done and we will carry on campaigning to make sure that the detail
in the final Bill will truly deliver reform."
The Bill will work to re-stabilise laws on freedom of
speech, and to ensure individuals who have been defamed are able to defend and
protect their name and reputation, reducing unjustified threats of libel
proceedings. Scientific and academic debates will also be protected, enabling
debates on matters of academia and education to be freely expressed, regardless
if individuals of such debates are critical of products made by wealthy global
companies.
Tireless campaigning has enabled the announced of the new
Bill, as Sense About Science managing director Tracey Brown said: " We are
really pleased to see the Government has moved closer to honouring its promise
of a fairer law and protection of free speech in today's Queen's Speech. This opens
the way to developing a law guided by public interest not powerful
interests."
Index on Censorship chief executive Kirsty Hughes said
"The 60,000 people who signed the Libel Reform Campaign will be delighted
that the Government has announced this reform, though we'll be awaiting the
detail."
Editor Jo Glanville of Index on Censorship added: "We
have now have a chance for libel legislation that's fit for the 21st
century.”The introduction of the single publication rule and greater protection
for internet service providers will help to put an end to the chilling effect
online."
However, Justine Roberts, co-founder and chief executive of
the Mumsnet website, stated that whilst the Defamation Bill is “ a very good
start,” she criticised the government for “not going far enough to protect
freedom of expression, particularly in the online environment,” in relation to
social-networking sites.
She added "Websites and hosts of user-generated comment
risk becoming tactical targets for those who wish to clamp down on criticism or
investigation of their activities."
The reforms that are expected to feature in the Defamation
Bill include addressing the current libel laws and the detrimental effects they
have on freedom of expression, in relation to academic and scientific debates.
The work of non-governmental organisations in accordance with journalism will
also be addressed, whilst the debate over libel tourism remains an ongoing
concern.
Greater protection for publishers and booksellers will also
be tackled, whereas website operators will be protected in regards to online
material posted by uses of sites which it hosts. At present, website operators
must remove material when they are told it is defamatory or face a risk of
libel action. This has lead to many “innocent” cases, where website operators
have not been in a position to know whether or not content uploaded by uses
onto their sites is in fact defamatory.
In the future, most cases of defamation could be settled by
a judge sitting alone. This will significantly reduce costs of cases and time
taken to resolve such claims, many of which are identified as “unjustified and
trivial.”
Freedom of speech is a
gift that should not be abused: use yours.
Join English PEN at
Surrey at: http://www.PENsoc.org or http://www.Facebook.com/SurreyEnglishPEN
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