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. 

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:

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.

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.