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.

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.