Brian Spencer - The DUP's fight against Libel Reform

GRAPHIC on the story of Libel Reform in Northern Ireland (in full here)

[This was originally published on eamonnmallie.com and Off the Record]
(updated below)


Introducing the Defamation Act 2013

On January 1 2014 the Defamation Act 2013 came into effect in England and Wales.

The new law strengthens freedom of expression and gives a warm hand to journalists, writers, academics and scientists. The new law increases the freedom of readers to receive information. The new law strengthens the free speech position of every internet, social media and Twitter user. Olivia O’Kane explains the changes here.

Northern Ireland retains the old law. A law described by the UK as a “national embarrassment” and by the US as “repugnant” to their Constitution. A law slated by Geoffrey Bindman QC in 1994 as “seriously unbalanced and fundamentally flawed”. In fact, the US enacted the SPEECH Act in 2010 whose very purpose was to nullify and negate the chilling effect of our speech law on their US-based journalists.

The Libel Reform Campaign - The battle to modernise libel law continues

The Libel Reform Campaign here that the battle to reform libel law continues, now in Northern Ireland. At present people in England and Wales enjoy greater free speech protections than those in Northern Ireland. They said:

"We may have achieved libel reform in England & Wales, but the battle to modernise libel law continues elsewhere in the UK. Can you help us? 

As you may have read, the Northern Ireland Executive has not yet extended the Defamation Act 2013 into Northern Irish law. In fact, former finance minister Sammy Wilson MLA said he had "no plans to review the law on defamation in Northern Ireland" and told his Stormont colleagues that the threat to free speech was "just a lot of nonsense".

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.

DUP Censorship

Following the Spotlight investigation into Nelson McCausland's dodgy dealings, Sam McBride made an illuminating observation on DUP libel reform policy:

The volume of solicitors' letters from DUP to BBC over one Spotlight episode gives a pretty clear hint as to why DUP blocked libel reform
— Sam McBride (@SJAMcBride) July 3, 2013

Arcane libel laws have contributed to patient deaths said doctor

Read the News Letter report in full here.

Index on Censorship speaks out against NI libel isolationism

Mike Harris, head of advocacy with Index on Censorship wrote a article, 'Stormont must give us a libel law fit for modern age,' in the Belfast Telegraph and on the Index website, available here and here. Mike wrote:

"To protect free speech, US President Barack Obama signed into law the US Speech Act to protect US citizens from the effect of English, Welsh and Northern Irish libel law, an act described as a “national embarrassment” by MPs. 

Now Northern Ireland is alone with its embarrassing libel law. The law of England and Wales has been substantially reformed after the Libel Reform Campaign won support from 60,000 members of the public and over 100 charities and campaigning groups and in response the Government passed the Defamation Act. 

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."

Sam McBrides expresses fears over libel veto

Daily Telegraph chief warns that national newspapers may no longer be sent to NI after Sammy Wilson's libel bill veto http://t.co/9fJZTQnbc9
— Sam McBride (@SJAMcBride) June 29, 2013

Read more here.

Daily Telegraph and other national publications hint at leaving Northern Ireland

Daily Telegraph hints at leaving NI over DUP libel reform block. http://t.co/2O2j0DM126
— Newton Emerson (@NewtonEmerson) June 28, 2013

Newton Emerson in the tweet above drew my attention to the report that the Daily Telegraph has hinted that it may leave Northern Ireland because of the old libel law regime. Newton Emerson also made an interesting and very Emersonian remark on Twitter: on this occasion, on the DUP's readiness to pursue publishers and social media users for libel damages:

Jo Glanville from the Campaign for Libel Reform slams the Stormont libel veto

Jo Glanville of the Campaign for Libel Reform is featured in the Irish News of June 4 2013, adding her voice to the strong dissent made by Michael Harris in the Belfast Telegraph the day previous. 

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.