The coalition government has unveiled plans for a major review of libel law in a bid to better protect freedom of speech and expression in the media and the research sector, and to cut down on “libel tourism”.
Today the Ministry of Justice announced it is to publish a draft defamation bill that will be put out for consultation and pre-legislative scrutiny in the new year.
In a nod to the impetus that has developed behind the libel reform campaign, the government said it is seeking to introduce a bill as soon as parliamentary time can be found following the consultation process.
“Freedom of speech is the foundation of democracy,” said the justice minister, Lord McNally. “We need investigative journalism and scientific research to be able to flourish without the fear of unfounded, lengthy and costly defamation and libel cases being brought against them. We are committed to reforming the law on defamation and want to focus on ensuring that a right and a fair balance is struck between freedom of expression and the protection of reputation.”
The government said it was seeking a wide range of views to reach a “fully informed assessment”, adding that it recognised the impact of current law on freedom of expression, “particularly in relation to academic and scientific debate, the work of non-governmental organisations and investigative journalism”.
It also said that the review would be looking at “options for addressing concerns around libel tourism”, where foreign claimants bring their cases to English courts specifically to take advantage of more favourable defamation laws.
A review of libel legislation was a hot topic in the runup to the general election with the three main political parties making manifesto pledges to overhaul what is increasingly viewed as an archaic and unbalanced body of law.
The weight behind reform has gathered pace since Index on Censorship launched the libel reform campaign last November, in conjunction with English Pen and Sense About Science, with tens of thousands of people signing a petition.
Politically an important first step was made in March when Labour’s then justice secretary, Jack Straw, announced a raft of proposals to overhaul existing law.