Legislative scrutiny: Defamation Bill, seventh report of session 2012-13, report, together with formal minutes and written evidence
Great Britain: Parliament: Joint Committee on Human Rights
Legislative scrutiny: Defamation Bill, seventh report of session 2012-13, report, together with formal minutes and written evidence
Great Britain: Parliament: Joint Committee on Human Rights
One of the Defamation Bill’s main provisions is the introduction of a statutory defence for responsible publication in the public interest, which would put in place a checklist of factors for consideration by the court. The Committee considers the proposed defence to be inflexible and suggests an alternative formulation which would use a test of reasonable belief that the publication was in the public interest , that it believes will provide greater clarity and flexibility. The Committee is also concerned that another proposed defence for website operators - available where they do not author content and either facilitate contact with the author or remove material where they cannot establish contact - could create a ‘chilling effect’ for material online. It recommends that the threshold for such material be raised from defamatory to unlawful to protect against that threat. The Committee also: calls for the Government to provide reassurance that those publishing defamatory material will be properly protected by the proposed clause establishing a single publication rule - if it cannot, the Committee encourages the Government to explore an alternative defence of non-culpable republication ; recommends that the Bill be amended to ensure that corporate claimants can sue only where there is substantial financial loss incurred; and welcomes the Government’s work with the Civil Justice Council to consider the legal aid regime in the area, but stresses the need for a solution to ensure that all persons, regardless of financial means, can access justice in defamation proceedings
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