David Blackburn

A chance for parliament to re-assert itself

This afternoon, I had the great privilege of hearing Geoffrey Robertson QC and Sir Ken MacDonald QC argue why English libel law must be reformed. Up to this point I had, along with most of the audience I suspect, assumed that reform would only benefit journalists. I suppose that illustrates just how narcissistic the profession is because now I see that libel reform is essential for the preservation free speech and the sanctity of English law.

As Geoffrey Robertson put it, “We do not have free speech in this country, we have expensive speech.” English libel actions cost several million pounds to fight – 140 times more than the European average. Libel is the preserve of the rich, the ultimate private members’ club. Costs are so prohibitive that many defendants settle out of court when perhaps they should defend their writing on the ground that it constitutes part of a free and fair debate.

Libel, like the law of malicious falsehood, must be a feature of law. It is not a fundamental right, but people are entitled to protect their reputations. That principle should cut both ways. Redress of grievance and the ability to defend a libel allegation should be affordable to as many as possible. A joint report by Index on Censorship and PEN, who organised the event, maintains that arbitration is the answer.

Another reason that settlements are so prevalent is that the defendant must prove his innocence. Libel is the only area of civil law where this principle stands; an anomaly ascribed to the fact that current laws date from the Victorian era. Indeed, relevant cases include an action brought by a gentleman against the scurrilous defamation that he had shot a fox. A gentleman hunts foxes; hounds kill them.

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