Justice Secretary Jack Straw has set out proposed reforms to protect investigative journalism and tackle the perceived threat of libel tourism.
A single publication rule will be introduced. Currently, each "hit" on a webpage produces a new publication and consequently gives rise to a new cause for action. Under the proposed reforms, claimants will only be able to sue if they bring their action within one year of the date of the original publication.
The courts will have discretionary powers to extend this period. A statutory "public interest" defence could be introduced to protect the work of investigative journalists, scientists and NGOs. The government may also tighten up the rules about claims concerning publications outside of the EU in a bid to deter libel tourists.
Straw’s proposals follow the 23 March report of the Libel Working Group, a team of libel lawyers and newspaper editors established by the Ministry of Justice in January.
The reforms could be introduced in the next Parliament—after the General Election—in the shape of the Libel Reform Bill.
Separate measures concerning conditional fee agreements (CFAs) currently on their way through Parliament could see media lawyers restricted to a 10% uplift in CFAs—representing a 90% cut in some cases. Media lawyers have warned this will deter lawyers from representing otherwise deserving claimants.
Law Society President Robert Heslett says: “We are concerned that the government's proposals on costs, particularly in respect of limiting the uplift on conditional fees to 10%, are rushed, ill-thought through and likely to prove a charter for libellers.
“They will reduce access to justice and the ability of claimants with legitimate claims to pursue redress. Aside from our concerns over costs, the proposals seem to strike an appropriate balance between freedom of expression and the need to protect individuals from the significant damage that defamation can bring.
“The Society is already involved in coordinating the drafting of updated pre-action protocols and the working group will certainly take the report into consideration. We look forward to being involved in the discussions.”
