Fraser Nelson Fraser Nelson

The new battle for press freedom

The fight for press freedom is back on – and it needs your help. The government is consulting on a draconian new law, the so-called Section 40, that could mean publications like The Spectator, who refuse to submit to Max Mosley’s regulator, would have to pay the legal costs of anyone who wants to sue us, win or lose. We would be made a sitting duck for anyone who felt inclined to complain about anything.

Take, for example, Camila Batmanghelidjh. She sent me a lawyers’ letter when Miles Goslett exposed the Kids Company scandal, and The Spectator became the only publication willing to call her out. It went no further as she had was a chancer and had no case – if she sued, she’d lose and would have to pay the costs. So she backed off. But what if she was told that The Spectator would have to pay the costs of a failed action? Then she might well do a Tim Yeo and sue anyway – after all, what would she have to lose?

If we were forced to pay for revenge lawsuits,  small-budget publications like ours would be far less likely to publish such investigations – knowing that the real cost would be in a revenge legal bill that could run into tens of thousands. Similarly, larger publications might think twice about doing investigations such as the Sunday Times sting which exposed Tim Yeo. When he sued the paper, he had no case. But had the newspaper been told to cover his fees anyway, it would have been on the hook for about £1 million. No newspaper could afford to take this risk, so we’d see fewer investigations.

The Section 40 proposal violates any basic notion of justice, yet this is the technique that the government would use to force us to sign up to Max Mosley’s regulator, ‘Impress’, rather than Ipso,  the independent press regulator.

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