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Guru
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A Libel Reform Bill has been tabled in the House of Lords

05/27/2010 5:44 PM

I added the full text of an e-mail I received today as a comment on my last thread here - but on reading it carefully, I think it merits a new mention. Here's an extract (my emphasis):

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The Bill will also:

  • require claimants to provide evidence their reputation was damaged by an alleged libel before they can bring a case forward (they don't have to do this at present) and make corporations prove financial damage before they can sue.
  • Address the problems introduced by the rise of the internet and the culture of online publication including the multiple publication rule that makes each download a fresh instance of libel, and alter the responsibility of forum hosts for what is posted on their sites.
  • Encourage the speedy settlement of disputes without parties having to bring in costly lawyers.
  • Promote the speedy settlement of disputes without recourse to the courts.

_______________________________

Think our hosts should sit up and pay attention.

John.

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"Love justice, you who rule the world" - Dante Alighieri
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Guru
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#1

Re: A Libel Reform Bill has been tabled in the House of Lords

05/27/2010 8:08 PM

Just to refresh:

"As the law stands, it is potentially risky to allow web access to archives that might contain something controversial.

"This problem exists because of an absurd ruling in a 19th-century libel case. In 1848, the Duke of Brunswick sent his manservant from Paris to London to collect a copy of the Weekly Dispatch from its publisher. Although the article in question had been published 17 years earlier, this constituted a fresh publication and enabled the duke to sue for libel.

"...uncertainty over defences in defamation cases means that the threat of a libel action causes most authors to back down and apologise for material that is accurate, important and in the public interest. It is just too risky for them to rely on a libel system that is so archaic, so hostile to writers and so open to interpretation."

Simon Singh in The Telegraph

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