The story of the Defamation Act 2013

Four years ago I organised a pub meeting. It got out of control and became a #LibelReform campaign. Join us tomorrow: http://t.co/8ZaLDoW9F9
— Jack of Kent (@JackofKent) May 15, 2013

The modern movement to reform the law of libel in the UK began after Simon Singh was sued (2008-2010) by the British Chiropractic Association. An action described by David Allen Green as "misinformed" and "illiberal". An action commenced after Singh wrote an article in the Guardian saying that chiropractors who said they could treat children's colic and other ailments by manipulation of the spine were “bogus”.

A campaign emerged to support Signh who faced ruinous damage payments. The campaign was transformed by the charity Sense About Science and by English Pen and Index on Censorship. From this emerged "the Libel Reform Campaign". The three leading political parties backed libel reform in the 2010 general election. Via David Allen Green (@JackofKent).

Lord Lexden - Libel veto a "story of evasion and irresponsible delay"

Tory peer Lord Lexden has criticised the Northern Ireland Executive for its failure to implement libel law, calling events a "story of evasion and irresponsible delay". Lord Lexden said that the Defamation Act 2013 represented a "liberalising, modernising law, which will confer lasting benefits throughout society."

He told a committee stage debate on the Northern Ireland (Miscellaneous Provisions) Bill it was "wholly unjustifiable that the people of Northern Ireland should be excluded from the benefits and protections" of this law. He said that the province's exclusion from the Defamation Act 2013 put thousands of publishing jobs at risk and warned that a "dual system" of defamation law would create "doubt and confusion" in an area where clarity was essential. The committee stage was completed.

Read in full here.

Mike Gilson on the Northern Ireland (Miscellaneous Provisions) Bill

Libel reform in Northern Ireland is running over several rails.

1. By Mike Nesbitt's Defamation (Northern Ireland) Bill whose public consultation received "overwhelming support."
2. In September 2013 Simon Hamilton asked (here) that the Northern Ireland Law Commission cast a fresh pair of eyes over the decision to veto the Defamation Act 2013. They responded here in December 2013  to look into the issue and recommended a public consultation on the matter.
3. By means of the Northern Ireland (Miscellaneous Provisions) Bill, Westminster peers Lords Lexden, Bew and Black have intervened on the matter via London, ontop of the two prongs operating from Belfast.

The London Bill deals with a number of issues relating to Northern Ireland. But it contains an important amendment that would extend the Defamation Act 2013 to Northern Ireland. In response to this Bill, the editor of the Belfast Telegraph Mike Gilson wrote if it in an article here, 'Libel law reform will protect us all'. He said:

House of Lords moves into Northern Ireland libel law debate

Joanne Fleming reports in the Belfast Telegraph here:

"A CAMPAIGN to bring Northern Ireland's libel laws into line with the rest of the UK will take a step forward today as the House of Lords leaps into the debate over free speech. A proposal to extend the Defamation Act 2013 to Northern Ireland is to be made at a Bill committee meeting this afternoon, and if approved would force a response from the Government. 

Peers want to bring the act into law here by simply adding the words "and Northern Ireland" into a section of the Northern Ireland (Miscellaneous Provisions) Bill which refers to the Defamation Act being in force in England and Wales. The shrewd move could mean Westminster becoming embroiled in what is a devolved issue. 

Recent changes to laws in England and Wales have been designed to stop the UK becoming a hotspot for "libel tourists". They removed the presumption in favour of a trial by jury in defamation cases. The move – which involves Lord Black of Brentwood, Lord Lexden and Queen's University academic Lord Bew – follows a show of public support here for the Defamation Act being extended to Northern Ireland.

This of course refers to the "overwhelming support" given by the public to Mike Nesbitt's libel reform bill, see here and here. Four of the five parties support libel reform, that being the SDLP, UUP, Alliance and Sinn Fein, see here. The News Letter support libel reform, see here. The Belfast Telegraph supports libel reform, see here. The Belfast Telegraph also opposes the proposed Royal Charter that follows the Leveson Inquiry, see here. Mike Harris from Index on Censorship has spoken here of the urgency to reform libel laws in Northern Ireland. Index on Censorship had earlier made representations before a Stormont Committee here. Their letter here.

Mick Hume - Northern Ireland's libel law is an execrable affront to freedom of expression

After Leveson - Mick Hume from Ellwood Atfield on Vimeo, August 2013.

London journalist Mick Hume is spiked’s editor-at-large and editor of the new book 'There is No Such Thing as a Free Press… And We Need One More Than Ever.' He opposed the Defamation Act 2013 for not going far enough. He has written on it, free speech generally and Leveson here, here and here.

Mick Hume also opposed the recent intervention into Northern Ireland politics by the House of Lords as members attempt to push forward with libel reform. Writing in the Belfast Telegraph here, Mick Hume explained the he himself has been both defamed by the media and sued in the libel courts. Mick Hume gave his comprehensive guide to the complexities of defamation law:

1. Northern Ireland's existing libel law is an execrable affront to freedom of expression;
2. The proposed reforms from England would make some aspects of the law better – but render some even worse;
3. Either way, it is none of the House of Lords' business.

Lord Lester - 'Free Speech, Reputation and Media Intrusion'

Lord Lester of Herne Hill QC, the original architect of the Defamation Act 2013, delivered the opening speech to the Hong Kong University Conference Media Law Policy in the Internet Age on October 18 2013 here, 'Free Speech, Reputation and Media Intrusion: Law Reform Now'.

"A difficult problem has arisen since the enactment of the Defamation Act. Under our system of devolved government, the Westminster Parliament may legislate in this area for England and Wales, but not for Scotland and Northern Ireland to whose governments and legislatures public powers has been devolved. Defamation law is a devolved subject. Historically, the law of defamation has been the same in England and Wales and Northern Ireland. Scotland’s government has adopted some very limited aspects of the legislation. Northern Ireland’s coalition government of opposing parties indicated initially that it had no plans to review the law of defamation. It was ironical that the DUP, committed to keeping Northern Ireland within the UK should decide to sever Northern Ireland from England and Wales in this area of law. During a debate in the House of Lords in June, reference was made to the view of a senior Belfast lawyerwho wrote this: