Paul Tweed to launch JAMS Ireland

Martin McGuinness with Taoiseach Enda Kenny and PM David Cameron

Former IRA commander Martin McGuinness attended the State Banquet hosted by Queen Elizabeth. The Irish Times wrote:

"Had you asked anyone of a certain generation in Northern Ireland if they could ever see the Queen of England and Martin McGuiinness sitting down to have dinner you'd have been told to 'Get Your  Head Seen.'

On this occassion, Paul Tweed (@Paul_Tweed) has announced his intention to launch JAMS Ireland, specialising in finding solutions for political and diplomatic disputes within Ireland and across the globe. The Company will have facilities in Belfast and Dublin and will bring together a panel of experts including Brian Mawhinney (former Northern Ireland Minister) and Paul O'Higgins SC (Chairman - Irish Bar Council).

Sunday Politics NI discuss libel reform

(From L-R) Lord Bew, Paul Tweed and Mark Carruthers

The House of Lords tried to push through libel reform in Northern Ireland by virtue of an amendment tabled by Lord Lexden. However it was ruled that the Stormont Assembly has primacy on the issue by virtue of the fact that libel law is a reserved matter.

Mark Carruthers asked Lord Bew: "Why was this attempt made at Westminster?" Lord Bew responded:

"Well when you get a Northern Ireland Provision Bill going through the House it's a very rare event. It's inevitable that people will make the attempt and there's a lot of feeling in the House of Lords on this issue to at least have a serious debate about it. The truth is now, the matter as far as the parliament in London is concerned, is actually over... it'w now a matter for the Assembly. The new minister Simon Hamilton has set up a report from the Law Commission with a distinguished LSE academic Dr Scott to work on. And really that is where the debate and the focus now is. But I think it was worth airing once again last week at Westminster the concerns that exist about freedom of expression and that fact that it is now at a weaker level than the rest of the UK."

Paul Tweed - Twitter is likely to be one of the key legal battlegrounds of the next decade

Stan Collymore highlights what is likely to be one of the key legal battlegrounds of the next decade http://t.co/84BAZgAaJp @StanCollymore
— Paul Tweed (@Paul_Tweed) January 22, 2014

Paul Tweed letter to the Financial Times

The Financial Times published a letter by Belfast media lawyer Paul Tweed.

From Mr Paul Tweed. 

Sir, You report (“Reducing costs of UK libel actions could cause wave of litigation”, November 4) that a media law firm has suggested that the proposed Qualified One-Way Costs Shifting “would hurt small publishers disproportionately”. 

However, the proposed costs protection order may also be granted in favour of a regional newspaper or publisher with limited financial means as well as an impecunious claimant. In other words, both claimants and defendants with limited means may not have to pay costs if it is determined to be in the overall interests of justice. 

Paul Tweed, Senior Partner, Johnsons Law Firm, London SW1, UK

Read in the FT here. Read on Scribd here and here.

Radio 4 - Language Laws

   

Chris Ledgard recently looked at the laws surrounding language use, from libel to blasphemy. He was joined by Barristers Nicola Cain and Christina Michalos who explained the law surrounding
defamation. We live in a society governed by laws which limit what we can say and how and where, laws concerning privacy, defamation and incitement.

If you say anything that it likely to lower the reputation of a person in the eyes of someone else, that's when you start to get into trouble. UK courts have been very busy in recent years on defamation, for which it took the title, "libel capital of the world." The new Defamation Act 2013 aims to change this. Aiming to offer better protection yo indiviudals, journalists, scientists and academics who wish to publish and air opinions without the fear of being taken to court under action of libel.

Barrister Nicola Cain was asked, "What is defamation?" She responded:

"Defamation is the publication of words or images that tend to damage the reputation of another. It's about reputation and bringing that person into disrepute. Libel is any publication in any more permanent form. So that may be a broadsheet, a newspaper or anything more permanent. 

Whereas slander relates only to transitory speech. So if we were having a conversation and I said something that was defamatory, that would be slanderous rather libellous. It has to be heard by somone else otherwise it is not a publication."

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."

Simon Hamilton asks Judena Goldring of the Law Commission to Review Libel Law

The newly installed Finance Minister Simon Hamilton has said he wants to bring a fresh pair of eyes to this issue of libel reform. Simon Hamilton has now asked Judena Goldring, the chief executive of the Northern Ireland Law Commission, to look at the situation. He has asked the official body for reviewing legislation, to do the following:

"Assess the act, which is expected to be commenced later this year, and to advise me on whether any corresponding provisions should be introduced here".

Read the Belfast Telegraph report from September 16 2013 here. The editor of that paper, Mike Gilson appears impressed. He said:

"This is an important subject, and the UUP leader Mike Nesbitt and the Sinn Fein MLA Daithi McKay deserve credit for keeping up the pressure on this issue."

31 Writers and Poets Call for Stormont action on libel reform

Thirty-one leading writers, poets and playwrights – including novelists Colm Toibin, Roddy Doyle, Sebastian Barry,  Graham Linehan, Brian Keenan, academic and political analyst Lord Bew, poet Michael Longley and Lucy Caldwell have signed a letter to the First and Deputy First Minister Mr Robinson and Minister Martin McGuinness urging action to ensure that Northern Ireland does not become a forum for libel bullies.

They said that without reform to the libel system that "the people of Northern Ireland will enjoy fewer free speech protections than fellow citizens in England and Wales".

Their letter concluded:

"We call upon the Executive to redress this imbalance, and breathe life into the right that underpins all other rights: our right to freedom of speech."

The newly instllaed Finance Minister Simon Hamilton has commissioned an official report on the new Westminster legislation which will examine whether or not the new law should be extended here A public consultation on Mike Nesbitt's Bill was launched on Thursday 19 September.


Read more in full here.

Paul Tweed defends libel veto

Paul Tweed defends the Stormont veto of libel reform in the Belfast Telegraph, July 31 2013. In full here.

"If the proposed changes to the defamation laws are ultimately introduced, it is the ordinary people of Northern Ireland who will be the losers – not the lawyers.

We, at least, have the option of practising in a jurisdiction where the libel laws are more friendly towards the ordinary citizen and international corporation and we do not have to travel very far."

Lord Black says DUP Iibel laws put jobs and investment at risk

The Belfast Telegraph reported on the Tory peer, Lord Black of Brentwood who was speaking in the House of Lords following Stormont's decision to uphold the old libel regime:

"Lord Black of Brentwood has warned that media jobs are at risk because Northern Ireland will be in danger of becoming the "libel capital" of the world."

Lord Black of Brentwood in his own words said:

"When politicians set their face against the future, investment and jobs suffer. Over 4,000 people work in publishing in Northern Ireland and another 2,000 work in broadcast. Some of those jobs may well be at risk if some of those companies decide that it is now too dangerous to operate in a jurisdiction that stifles freedom of expression.

Lord Black also warned that foreign investors could be deterred from operating in Northern Ireland:

"I can see no circumstances in which Google, Yahoo, AOL, Twitter and others would establish businesses in an area that ties them to an out-of-date, repressive libel jurisdiction.This decision is, in effect, rejecting the high-end jobs that the province desperately needs."

Mick Fealty on Slugger O'Toole went a little deeper, he said:

"Most opposition that’s not coming from Jim Allister, is coming from the media. The retreat from political opposition on the hill (Phil Flanagan of SF seems to be the only other MLA playing that role at the moment), means that there is no coherent political critique of this and other issues available other than that which journalism makes on its own behalf. 

Besides one of the notable characteristics of the current set up is just how sensitive the folks on the hill are about anyone speaking out of turn. Hardly surprising since it so rarely happens in the chamber, that early (and often unreasonable/unsustainable) resort to the law has become commonplace."

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.

Stormont Committee says new libel law not needed

The Stormont Committee for finance and personnel has been told that reform of the antiquated libel laws is unnecessary by a high-profile libel lawyer reported the Belfast Telegraph.

The Defamation Act has been implemented into England and Wales (April 25 2013) to stop the UK becoming a hotspot for libel 'tourists', removing the presumption in favour of a trial by jury in defamation cases. Libel lawyer Paul Tweed expressed his opposition to the introduction of the new law into Northern Ireland, saying it was not required.

The Belfast Telegraph continued:

Another lawyer, Brian Garrett, said he did not favour rubber-stamping all Westminster legislation, but there were areas where it should apply and defamation was one of those.

Sinn Fein's Daithi McKay said he was open to the question of whether or not there should be a presumption for trial by jury, and to the possibility of a no-win, no-fee arrangement in defamation cases.

A final note from myself that recently came to me: the conditioning of journalism by power is a real and ongoing problem. It’s something Orwell absolutely understood in his 1946 essay, Politics and the English Language. So we need to be very wary.

Read the full Belfast Telegraph article, published June 27 2013 here.

Belfast may lose 'libel capital of the world' title to Dublin, says Paul Tweed

I've discussed Paul Tweed twice before elsewhere, both here and here and the libel and media law specialist requires mention again.

On June 5 2013 Paul Tweed asked on the Huffington Post, Belfast or Dublin to Be the Next Libel Capital of the World? With the leader of the UUP working on his private members Bill which would bring legal parity with the rest of the UK, Northern Ireland's libel isolationism and the negatives and benefits it brings could be lost. Paul explains:

"Unfortunately, the newspaper had failed to show similar concern about the fact that Northern Ireland citizens have for many years been treated differently from their counterparts in the UK in terms of access to the libel Courts. Unlike the position in England, lawyers in Northern Ireland have in the past not been allowed to act on a "no win no fee basis", nor have After the Event (ATE) insurance premiums been recoverable, thereby making it even more difficult for the ordinary man on the street to obtain access to justice. 

The Story of the Defamation Act in Northern Ireland (so far...)

The Press Gazette and other publishers recently suggested that the unilateral Sammy Wilson decision not to pass a 'legislative consent motion", which would have implemented in full the Defamation Act into Northern Ireland law, could hurt the devolved province. Lord Lester, the Liberal Democrat architect of the new libel law said the decision was a "very bad step" for the public.

Libel Reform Campaign letter to Stormont Committee

"I am writing on behalf of the Libel Reform Campaign regarding the Defamation Act 2013. The
Libel Reform Campaign was set up by Index on Censorship, English PEN and Sense About
Science to obtain major changes in the libel laws to better protect free expression. 

As you may know, the Minister of Finance and Personnel submitted a paper last May (2013) on adoption of the then Defamation Bill by the Northern Ireland Executive. By June, he had withdrawn the paper and without scrutiny by either the Assembly or the Executive, a decision was made by Mr. Wilson that the Defamation Bill would not be adopted by the Assembly.

Paul Tweed talks about the Northern Ireland legal economy, international mediation and media law

In a feature on Ulster Business Magazine Paul Tweed talks about the state of the Northern Ireland legal economy and how his firm has prospered in tough times; international mediation and then his specialisation, media law.

You’d be forgiven for thinking one who does would be working behind a mahogany desk in a palatial office in Los Angeles or London, his every call screened by an army of assistants. 

Instead, Paul Tweed, the senior partner of Johnsons Solicitors, works from a functional building on Belfast’s Wellington Place, which, on the unusually hot day I meet him, has the windows wide open to the traffic noise below to keep cool. His direct line rings at regular intervals. He pours his own coffee. And the desk is so covered in papers I can’t guess what it’s made of, but I’d bet its not mahogany.