Sign the petition for libel reform in Northern Ireland

Also on the Libel Reform Campaign website here.

Event - Launch of the Libel Reform Campaign Northern Ireland

The Libel Reform Campaign present a petition with 60,000 signatures to Downing Street in 2012

The immensely successful Libel Reform Campaign is coming to Belfast and Northern Ireland (sign up here):

"On Wednesday 7 May at 10am the Libel Reform Campaign will be bringing together writers, journalists, scientists, academics, human rights advocates and civil society to form a coalition to bring reform of the law of libel to Northern Ireland. 

With the launch of the Northern Ireland Law Commission consultation on libel reform expected in the coming months, a strong coalition will be needed that makes the case for reform of these archaic laws. You can read the campaign's criticisms of the law and the process that led to the new Defamation Act not being applied to Northern Ireland here and here. 

We would very much appreciate your participation in this coalition and your attendance at this event to bring together the coalition. I will be joined by Jo Glanville from English PEN, Sile Lane from Sense About Science and other Libel Reform campaigners. 

The event will be hosted in The Lab at the Belfast MAC (10 Exchange Street West, Belfast BT1 2NJ) from 10am - 12.30pm on 7 May. Plenty of coffee and pastries will be provided."

Sign up and register your attendance here.

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.

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.

Mike Harris - "Why is free speech not good enough for Northern Ireland?"

Writing in the Huffington Post here, Mike Harris (@mjrharris) has called the DUP's decision to veto libel reform an outrageous decision. He began by explaining the campaign for libel reform in England and Wales:

"It took endless humiliation before parliament got the message and decided to reform the law of libel: the UN Human Rights Council said our libel law chilled free speech across the entire globe, American academics faced our courts for writing about the funding of Al Qaeda, Barack Obama signed into law an act to protect Americans from our libel law and decent scientists such as Simon Singh Ben Goldacre and NHS cardiologist Pete Wilsmhurst faced ruin thanks to the law.

Mike Harris - House of Lords sends a clear message to Stormont: reform of the libel law is overdue

Last Tuesday, Lord Lexden alongside Lord Bew and Lord Black tabled an amendment to the Northern Ireland (Miscellaneous Provisions) Bill to extend the Defamation Act 2013 to Northern Ireland. Seeing the impact on freedom of expression and the opaque manner in which this issue has been handled, respected parliamentarians spoke up for the amendment. The government refused to accept the motion and it was not put to the vote, but the debate itself had the desired impact. The amendment was a direct challenge to the DUP who feel that they alone can decide on libel reform for Northern Ireland.

It remains the case that very few know why the Defamation Bill does not apply to Northern Ireland, an outrageous decision that has created a gaping loophole in the government's attempts to reform the UK's libel laws. As I noted in the Huffington Post, the humiliating rebuke by the United Nations Human Rights Council to the previous state of the libel law in England, Wales and Northern Ireland led to:

“the three major political parties to make a commitment to libel reform in their general election manifestos in 2010. They didn't qualify this bold commitment with "except in Northern Ireland". Why would they? The law in Northern Ireland has always been substantially the same as the law in England and Wales, that is until the government reformed it. At no point in the parliamentary debate did the government signal the Defamation Bill would not apply to the citizens of Northern Ireland.”

Paul McDonnell - Northern Ireland is a libel-friendly, free-speech limiting outpost

Northern Ireland media lawyer Paul McDonnell (@_PaulMcDonnell_) of McKinty and Wright was cited by Lord Lexden in a House of Lords debate. Lord Lexden read out his submission in full:

"The refusal of the Northern Ireland executive to extend to Northern Ireland the remit of the Defamation Act and the legal clarity and free speech protection it brings, is quite simply unjustifiable. Why should the citizens and journalists of Northern Ireland not be afforded the same protection of those in the rest of the United Kingdom, whether they are expressing opinions online or holding government to account. Why as the rest of the United Kingdom embraces the digital revolution, should Northern Ireland be confined by our archaic and unfocused freedom of expression laws? 

Blindfolding the public on libel reform

This is the problem we see time and time again: lawyers gag journalists, and in doing so they blind the general public.

Excellent stuff by @SLSingh: "Libel laws don’t just gag me, they blindfold you" in The Sunday Times today http://bit.ly/441sZm #SinghBCA
— Free Debate (@freedebate) October 18, 2009

We reported on the Sunday Politics NI debate here. The segment presented both the assenting and dissenting views on the matter of libel reform in Northern Ireland, (from Lord Bew and Paul Tweed respectively). We covered both sides of the debate and gave a full and equal airing to Lord Bew and Paul Tweed. However in the video above and here, Paul Tweed has decided to edit out those people who support libel reform and oppose his view. He has decided to presented an entirely one sided view.

This is a matter for concern. The public can view the Sunday Politics NI debate for only 7 days after the initial broadcast. Thereafter it will be removed from the public domain. The Paul Tweed edited version is on YouTube and will remain there until the day he decides to remove it. By this avenue of debate the public has been blindfolded.

He has given his airing to the public, but in doing so has screened out those voices that don't suit his agenda. Is that right? We support free speech and advocate that all voices be heard.

Paul's video coverage here. Our coverage 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.

Viscount Colville - Journalists were bombarded with daily, sometimes hourly, threats of defamation

Viscount Colville of Culross speaks in favour of libel reform in Northern Ireland

Viscount Colville of Culross made compelling point in the House of Lords on Tuesday 25 February 2014 in favour of libel reform in Northern Ireland.

"My Lords, I declare an interest as a producer at the BBC. I support this amendment and add my concerns to those of other noble Lords at the refusal of the Northern Ireland Executive to implement the Defamation Act 2013. I was sorry not to have been able to attend Committee but I read, with regret, the Hansard report of the Minister’s speech, in which she said she could do little beyond offering some encouragement for this to go forward."

Peers lambast Northern Ireland libel laws

Lord Lexden proposed that the following amendment be inserted into the Northern Ireland Miscellaneous Provisions) Bill:

3: After Clause 25, insert the following new Clause— 

“Defamation  

(1) Section 17 of the Defamation Act 2013 (short title, extent and commencement) is amended as follows.  

(2) In subsection (2), after “Wales” insert “and Northern Ireland”.”

Lord Bew, Lord Empey and Lord Black of Brentwood continued to lend Lord Lexden their support for his tabled amendment. Other Lords stood to support the move. All made compelling points in favour of forcing reform, especially Viscount Colville of Culross and Lord Lester of Herne Hill. Here what each said in turn about oppressively censorious politicians and the deleterious state of libel law in Northern Ireland that actually empowers and emboldens those politicians.

Lord Lester - "I can’t think of any good reason to do that, unless it’s because politicians in Northern Ireland want to be able to sue newspapers more readily"

As Lord Lexden pointed out in the House of Lords debate of February 25 2014, "it was only through the persistence of journalists that it emerged that a single minister had rejected the Defamation Act 2013." That minister being former finance minister Sammy Wilson who opted out of using the 'legislative consent motion' which would have implemented the law. More can be read of this on the News Letter here and here. Also covered on Slugger O'Toole here and here.

Lord Lester - who tabled the libel law reform three years ago with a private member’s bill won cross-party support and was adopted by the Government - said:

"I can’t think of any good reason to do that, unless it’s because politicians in Northern Ireland want to be able to sue newspapers more readily, which doesn’t seem to me to be a very good reason."

The infamous Irish News libellous restaurant review here. Article by the Newspaper Society, 'Lords Warn Northern Ireland Faces 'Pariah' Status After Executive's Defamation Act Refusal', here.

Peers debate libel reform in Northern Ireland

As we reported here, today (February 25 2014) peers in the House of Lords considered libel reform in Northern Ireland by virtue of an amendment brought to the Northern Ireland (Miscellaneous Provisions) Bill by Lord Lexden in committee.

 

David Pannick QC reiterated the bad smell coming from Northern Ireland. Lord Bew reiterated the intolerable problems facing the Northern Ireland judiciary by way of the old libel regime. 

 

Lord Empey made an important observation:

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."

Olivia O’Kane - Northern Ireland Media Law Round Up 2013

The Courts in Northern Ireland heard a wide range of media law cases in 2013. In this post I will provide summaries of the most important cases in which judgments were given and are publicly available.

The innocent court reporter

The case of ZY v. Paul Higgins ([2013] NIQB 8) was heard on 25 January 2013. It concerned the Article 2 rights of a convicted child sex offender seeking anonymity to continue after conviction in order to safeguard his wellbeing from risk of suicide within the confines of Prison when it appeared a journalist was to write a piece to distributed to the mainstream media.

On 2 September 2011 ZY, a male in his 20s, was arrested and charged with attempting to blackmail a female in relation to an indecent video recording made when she was 15 years of age; engaging in sexual activity with a minor; and possessing indecent images of children. On 7 December 2012 ZY pleaded guilty to the charges and was sentenced to 21 months imprisonment. Following sentencing, representations were made on behalf of the first defendant journalist, Paul Higgins, seeking revocation of the anonymity order which had been made at the first remand hearing.

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".

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."

Tony Jaffa welcomes developments on Stormont's Defamation Bill

Northern Ireland lawyer Tony Jaffa wrote in the Belfast Telegraph here:

"The news that Finance Minister Simon Hamilton has asked the Northern Ireland Law Commission to examine the Stormont Defamation Bill is good news for Ulster's publishers, broadcasters, bloggers and academics.While the rest of the UK will see the new Defamation Act 2013 coming into force on January 2, 2014,Northern Ireland libel law remains rooted in legislation that was formulated well before the internetand social media became part of our everyday lives. 

For those of us who are keen to see this relatively obscure, but fundamentally important area of law updated as soon as possible, Mr Hamilton's intervention could be the best way of achieving at least a measure of reform. After all, if the NI Law Commission advocates reforms, it is hard to see how those reforms could be different from the rest of the UK. 

As a solicitor who advises publishers and broadcasters in Northern Ireland and the rest of the UK, I can hear some people already thinking: "Well, he would say that, wouldn't he?""

To read in full click here.