Guest blog: New Bill will make it harder to bring libel claims
15th March 2011Post by David Engel, Partner, Addleshaw Goddard
The Coalition Government today published a draft Defamation Bill and opened a consultation period on its proposals, which closes on 10 June 2011.
Many of the provisions appear primarily to codify and put on a statutory footing the current common law position, particularly in relation to a number of the defences to a claim in defamation. This may make life easier for media defendants.
The draft Bill also contains provisions which may make it harder to bring libel claims, e.g. requiring a claimant to prove “substantial harm” to reputation (it is unclear whether or not this would be a higher threshold than that currently required at common law).
Online publishers will welcome the new “single publication rule”, preventing a claim being brought outside the 12 month limitation period from the date when the material was first published, meaning a claim for libel cannot be made every time a statement is accessed on the internet.
It proposes to remove the presumption in favour of jury trial, which accords with the current trend of judicial decisions.
The draft Bill and information on the consultation process may be found on the Ministry of Justice website at www.justice.gov.uk
