Published: 25 April 2013
Minister: Lord McNally
Large scale
reforms to the law governing cases of defamation have today become law as the
Defamation Bill gains Royal Assent.
The previous law on libel cases had been criticised
as being antiquated, costly and unfair, which resulted in a chilling effect on
freedom of expression and the stifling of legitimate debate.
The Defamation Act 2013 which has today completed its passage through
Parliament will overhaul the libel laws in England and Wales and bring them
into the 21st century, creating a more balanced and fair law.
Lord McNally, Justice Minister said:
“This Act represents the end of a long and hard fought battle to reform the
libel laws in England and Wales. Throughout the process all parties have
listened and worked together to produce legislation that delivers the reforms
required in the 21st century. Everyone involved can be rightly proud of this
Act and the protections and freedoms it offers.”
The Defamation Act will be brought into force later in the year. It offers
clearer, better protection for individuals, members of the press, scientists
and academics who wish to publish information and views without the threat of
libel action. It also gives legal recourse and protection to those who are
genuinely defamed. These measures include:
·
protection for
scientists and academics publishing in peer reviewed journals.
·
protection for those
who are publishing material which they reasonably believe is in the public
interest.
·
a requirement
for companies and individuals to show serious harm to establish a claim.
·
a single
publication rule to prevent repeated claims against a person about the same
material
·
a tighter test
before claims involving those with little connection to England and Wales can
be brought before our courts, addressing libel tourism.
·
a new process
enabling website operators to help people complaining about online statements
to resolve this direct with the poster of the material
With these measures and others included in the Defamation Act will bring in
a new era of libel law that protects freedom of expression and encourages open
and honest public debate, while protecting those who feel their reputations
have been unjustly attacked.
Notes to editors
1.
For more
information call the Ministry of Justice Press Office on 020 3334 3536.
2.
Follow the MoJ
on Twitter @MoJPress
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