Mike Gilson and Mike Nesbitt give evidence before the Finance Committee

Video of Mike Gilson here. Video of Mike Nesbitt here (2hr7m). Text of Mike Gilson here and text of Mike Nesbitt here.

The "blizzard", "confetti", "volume" and "bombardment" of vexatious libel writs against Northern Ireland journalists

Northern Ireland journalists have repeatedly referred to the journalistic climate of libel intimidation in Northern Ireland.

• Mike Gilson has worked across the British Isles and has said that Northern Ireland sees far more "vexatious claims". 
• Sam McBride has spoken of the "volume" of libel writs. 
• Anthony McIntyre has said that letters are sent like "confetti". 
• Newton Emerson has spoken of a "blizzard" of writs. 
• BBC producer and peer Viscount Colville of Culross said that journalists had been "bombarded with daily, sometimes hourly, threats of defamation." 
• Lord Lester of Herne Hill explained how a journalist who he represented sued by the Irish News for £25,000 found the "experience was so traumatic that she gave up her profession as a journalist." 
• Ruth Dudley Edwards spoke of "the DUP’s enthusiasm for restrictive libel laws."
• Mick Fealty said: "I can think of more than one Northern Irish politician that’s none to slow to pull the legal trigger when the occasion arises." 
• Mick Fealty also said: "Who needs to visit Pyongyang when we can have Pyongyang here?" 
• More worryingly, Mick Fealty reported that NI politicians now enjoy commercial indemnity, meaning "our MLAs want to be able to sue our ass. But be allowed lie with impunity." 
• Eamonn Mallie has said "I'll see you in court" is the DUP's new "war cry". 
• Journalist Patrick Kane (@patrick_kane_) said that the libel law system has been "exploited by many, and gagged even more."
• Former journalist Mike Nesbitt explained all libel actions he encountered involved the DUP (see here).

And here's the main issue and concern, as Mike Nesbitt said:

"The point is the laws are regularly utilised behind the scenes to try to influence, warn off, possibly even threaten."

And here:

"Many members of [the media] tell me they face regular threats of legal action for defamation from a particular local political party.

Peers will continue with their plan to extend Defamation Act to NI by adding it into Northern Ireland (Miscellaneous Provisions) Bill

 
(Updated below)

Lord Lexden brought forward an amendment to the Northern Ireland (Miscellaneous Provisions) Bill in committee. That amendment would effectuate reform of the libel law.

On Tuesday 25 February of this week the House of Lords will again look at libel reform in Northern Ireland. Frances Gibb, legal editor for the Times, reported that a line-up of peers will seek to amend the law to bring Northern Ireland into line with the UK, amid fears it will become the libel capital of the UK. They will continue with their plan to extend the Defamation Act to NI by adding it into Northern Ireland (Miscellaneous Provisions) Bill.

Our earlier posts on the move by peers to enter the Northern Ireland libel reform movement here and here. The BBC Democracy Live previously reported on December 3 2013:

"Peers have broadly welcomed the Northern Ireland (Miscellaneous Provisions) Bill at second reading and suggested ways it could be developed as it passes through Parliament. Introducing the bill on 3 December 2013, Northern Ireland Office spokesperson Baroness Randerson told the House: "It is a bill for more normal times."

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.

BBC, News Letter and Belfast Telegraph respond to "overwhelming support" for Libel reform

The public consultation into Mike Nesbitt's libel reform Bill (drafted in May and introduced in June 2013 here) received "overwhelming support". On January 29 2014 The News Letter gave its view on developments here:

"Reading about the massive public support for reforming Northern Ireland’s libel laws, many will wonder why an issue over which there is near-unanimous agreement was blocked from even entering the Assembly. Some fear that by referring the issue to the Law Commission, Mr Hamilton is attempting to block Mr Nesbitt’s bill. Given the results of Mr Nesbitt’s consultation, such a course of action would be difficult to explain. As a new minister, Mr Hamilton has a chance here to nail his colours to the mast. 

Free speech is too important to be mired in party politicking."

Read The Libel Reform Campaign's response to Nesbitt here. Earlier post on the public consultation here (Belfast Telegraph here, News Letter here, BBC here).

"Overwhelming support" for libel reform

The public consultation into the reform of libel laws in Northern Ireland has received "overwhelming support" says Mike Nesbitt. Over 90% of responses to his public consultation backed changing the law. The public's response was stronger than the UK-wide consultation by the Ministry of Justice on the Defamation Act 2013. On the need for libel reform Mike Nesbitt stressed the special need Northern Ireland has for a robust, curious and unfettered press:

"This is about protecting freedom of speech in Northern Ireland. This is particularly important to us, because our current system of government means we do not have a second chamber, like the Lords in London, who scrutinise and revise legislation coming out of the Commons. Nor do we have an official opposition, a role performed to a large extent by the media.

Northern Ireland Law Commission recommends libel law review

In the period between May and June 2012 Sammy Wilson, then Finance Minister, vetoed the Defamation Act 2013 without consulting any of the other parties, deciding not to pass a 'legislative consent motion'. He said that threats to free speech were "just a load of nonsense."

In May 2013 Mike Nesbitt introduced fresh libel legislation (our post here).

In September 2013 the newly installed Finance Minister Simon Hamilton asked the Northern Ireland Law Commission to cast "a fresh pair of eyes" over the Defamation Act 2013 (our post here)

In November 2013 the First Minister Peter Robinson said he supported the original veto and said that fears were "absurd".

Following the September referral to the Law Commission the News Letter has reported here that the Law Commission has recommended a public consultation on Northern Ireland’s libel laws. The Law Commission has given the advice to Simon Hamilton after he asked it to look into the issue (we looked at that move here and Tony Jaffa welcomed the development here).

The commission’s chief executive Judena Goldring has made the advice to DUP Finance Minister Simon Hamilton after he asked the agency to look into the matter. The Law Commission must now await formal clearance from the Justice Minister before it begins work on the project in the new year and submits a report to Executive ministers.

In February 2013 the former DUP Finance Minister Sammy Wilson made the unannounced decision to block Northern Ireland from the sweeping reforms of the British libel laws which have liberated and strengthened the protections on free speech for journalists, academics, internet users and others. The unilateral move has been opposed by some leading libel lawyers who claim that it will make it too difficult for ordinary people to sue publishers. Ms Judena Goldring told the News Letter:

"Our initial advice to the finance minister is that there ought to be a full public consultation on the issues here so that the people of Northern Ireland have a good opportunity to contribute to that discussion... Once formal approval is forthcoming we will expect to have a full public consultation on the issues here so that the people of Northern Ireland will have a good opportunity to contribute to that discussion and we can have a proper public debate on the issues."

Ms Goldring stressed that the commission wanted to see a balanced debate, not a “skewed” one.
“We will do the research and arguments on all sides and put that, in an unbiased way, into the public domain in the form of a consultation paper.”

She said that the commission was “fortunate” that there had already been a major consultation on the issue in England and Wales and the defamation law in Northern Ireland is “very similar” so the commission had “the benefit of all the responses back to that”.

Ms Goldring said that the commission would then put its recommendations to the Finance Minister. Ms Judena Goldring praised Mike Nesbitt, who has introduced fresh legislation here, for his handling of the issue, saying that he had been "very responsible and helpful" with the commission. She said: "He has done a lot of work in bringing this issue to the fore and taking the very responsible position that he has adopted in letting official consultation brought forward by the Law Commission to take it on."


News Letter report in full here.

For earlier post on the matter of libel reform in Northern Ireland, Tony Jaffa supports Law Commission investigation here, the News Letter said it supported libel reform here, Peter Robinson said that he saw no point in libel reform here and media lawyer Paul Tweed supported the Sammy Wilson veto here. The Stormont Committee found the libel reform was unnecessary here. Paul Connolly in the Belfast Telegraph and Lord Black backed reform here, 31 writers and poets called for libel reform here. Mike Nesbitt introduced new legislation here and explained why Northern Ireland needs libel reform here. His draft bill is here. David Pannick QC said here that an "unpleasant odour" was coming from Northern Ireland's libel laws. A doctor said here that the current libel laws in Northern Ireland had contributed to patient deaths. Mike Harris from Index on Censorship made representations before Stormont Committee on the need for libel reform in Northern Ireland, see here. Index's letter to the Stormont Committee can be read here. Jo Glanville of English Pen slammed the Stormont libel veto here. Lord Bew said here that the NI libel laws were bad for academics and journalists. Lord Black said here that the libel veto puts jobs and investment at risk. The Ulster Business Magazine asked NI media lawyers Paul Tweed and Olivia O'Kane if people should be worried by Northern Ireland's libel isolationism here. A May 2013 analysis of the events surrounded libel reform in NI here. Sam McBride tweeted about the possible consequences of the libel veto here. As did Newton Emerson here.

Mike Nesbitt wrote in the Belfast Telegraph on July 23 here:

"In all my years in broadcast journalism, I was involved in very few cases of defamation, but, of those that did emerge, all involved the political classes. Indeed, they all involved the DUP: two were brought by elected representatives; the third by those offended by comments made by one of their senior members.

So, should politicians declare an interest when commentating on the laws of defamation? They should certainly bear it in mind."

Why Stormont must adopt new libel legislation

Paul Connolly wrote a piece in the Belfast Telegraph on September 20 2013 entitled, 'Freedom of speech is vital in internet age.' He said here:

"By everyone, I mean everyone. This is not just about the Press. It's about writers and scientists; it's also about amateur bloggers or everyone who sends a Tweet or writes on Facebook or who runs a community website, or who writes a Press release. We are all publishers now, so freedom of speech matters even more in the internet age."

At the launch of his Bill for libel reform on September 19 2013, Mike Nesbitt said:

"Reforming Northern Ireland's law of defamation isn't about protecting the rich and powerful. It is about ensuring thousands of jobs are not lost, that the growth potential of our universities is not hampered, and that journalists have maximum opportunity to responsibly hold the devolved government to account."

At the same event Lord Black, executive director of the Telegraph Media Group, said here:

"This is an issue which is of huge significance for the United Kingdom as a whole but most importantly for ordinary people, jobs and free speech in Northern Ireland. Let's be in no doubt, the stakes are very high. It is a liberalising, modernising law which will have real benefit throughout our society. That is why it is totally unjustifiable and completely inexplicable that people and businesses in Northern Ireland are being excluded from the real benefits and protection it will bring."

Mike Nesbitt explains why NI needs libel reform

Mike Nesbitt wrote in the Belfast Telegraph on July 23 here:

"In all my years in broadcast journalism, I was involved in very few cases of defamation, but, of those that did emerge, all involved the political classes. Indeed, they all involved the DUP: two were brought by elected representatives; the third by those offended by comments made by one of their senior members.

So, should politicians declare an interest when commentating on the laws of defamation? They should certainly bear it in mind."

Mike Nesbitt to introduce new libel legislation, while Paul Tweed denies lobbying

'UUP leader to introduce fresh libel legislation': headline from Irish News (£), June 27 2013.

Paul Tweed denied suggestions that he lobbied the DUP on the non-implementation of the Defamation Act 2013, as you can read in the News Letter here.

Mike Nesbitt and retired part-time judge said that the wealthy are controlling the media through libel law, available here.

Mike Nesbitt's draft Defamation (Northern Ireland) Bill in full

A former part-time judge Brian Garrett, the Ulster-born London barrister Austen Morgan and Jeffrey Dudgeon, chairman of the South Belfast UUP association all helped to draft the Defamation (Northern Ireland) Bill [as Introduced by Mike Nesbitt MLA (UUP)]

You can see the full text in the News Letter here.