Overview

In keeping with its promise in the Coalition Agreement to reform libel law, the Government has published a draft Defamation Bill and launched a consultation into its contents.

The Bill contains many wide reaching reforms of the law in this area, incorporating a number of the provisions from Lord Lester’s draft Private Member’s Bill of 2010. The Government has engaged in a difficult balancing act between preserving free speech and protecting reputations.

Amongst the changes in the Bill are:

• a new statutory defence of ‘responsible publication on a matter of public interest’
• a ‘single publication rule’ aimed at reducing the perennial problem in the English courts of libel tourism the removal of the presumption in favour of jury trials
• a requirement that the publication in question has caused, or is likely to cause, ‘substantial harm’, before it is considered defamatory

Shoosmiths provides a detailed overview of the new provisions and what it means for businesses.

To read more click ‘view briefing’.