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Litigation Letter

Private members bill

Lord Lester of Herne Hill QC has introduced a private members bill to reform what he describes as the country’s ‘archaic’ libel laws. It would introduce a new statutory defence of ‘responsible publication’ on a matter of public interest; protect those reporting on proceedings in parliament and other issues of public concern and require claimants to show substantial harm and corporate bodies to demonstrate financial loss, in order to bring proceedings. It seeks to clarify the defences of justification and fair comment which are renamed ‘truth’ and ‘honest opinion’. It also addresses the problems arising from internet use, including multiple publication and the responsibilities of internet service providers. It aims to encourage the speedy settlement of disputes without recourse to litigation. Lord Pannick QC commented that the bill would remedy many of the legal deficiencies that have made London the libel capital of the world and severely damaged freedom of expression.

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