Legal
Services
Latest News
| |
Bulletin
|
 Printer friendly page
|
|
Culture, Media and Sport Committee reports on press standards, privacy and libel
|
Date: 24/02/2010
|
The House of Commons Culture, Media and Sport Committee has issued its much-anticipated report on press standards, privacy and libel, which contains wide-ranging recommendations for reform in these areas.
The Committee does not consider that the time is right to legislate on privacy. It has, however, recommended that the Press Complaints Commission (PCC) should amend the PCC Code to require that journalists should normally notify the subject of their articles before publication, subject to a public interest test. The Committee has also recommended that failure to pre-notify should be an aggravating factor in assessing damages, and that a fast-track procedure should be developed for a final decision where an interim injunction prohibiting publication of a story has been granted, or where a court refusal has been appealed.
In defamation claims by individuals, the Committee considers that the defendant should, if pleading justification (i.e. that the published allegations are true), still be required to prove the truth of the allegations. It has, however, recommended that the Government should consider reversing the burden of proof in claims by corporations (i.e. that the claimant should prove the falsity of the allegations). The Committee has also recommended the introduction of a one-year limitation period for internet defamation cases and has urged the Government to consult further on reform of libel laws, in particular as to placing a broadened defence of “responsible journalism” on a statutory footing.
The Committee has urged the Lord Chancellor to discuss the issue of “libel tourism” with his US counterpart as soon as possible, having concluded that it is humiliating that US legislators in various states have taken steps to protect freedom of speech from what are seen as unreasonable intrusions by English courts. It has also suggested that the courts should be directed to rule that claimants should take their case to the most appropriate jurisdiction (i.e. the primary domicile or place of business of the claimant or defendant or where the most cases of libel are alleged to have been carried out).
The Committee sees no justification for 100% success fees in conditional fee agreement cases and has recommended that the recovery of success fees from the losing party should be limited to no more than 10%, leaving the balance to be agreed between solicitor and client. It has further recommended that the Government should make after-the-event insurance premiums irrecoverable.
The Committee considers that in future the PCC should be more proactive in its work, and that, if there are reasonable grounds to believe that serial breaches of the Code are being made, the PCC should not wait until a complaint is received before investigating. The Committee has also recommended that the PCC should have the power to fine its members and, in the most serious cases, the power to suspend printing of the offending publication for one issue.
Eleanor Steyn
327
Simkins' early warning bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to curt decisions facts referred to are those reported as found by the court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.
<< back to articles & bulletins
|
|