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More effective control of defamation litigations costs are urgently needed suggests Committee

Summary

The Committee's inquiry addresses concerns that the operation of libel laws and the impact of costs were stifling press freedom. 'Press Standards, Privacy and Libel’ (HC 362-I) also considers the balance between personal privacy and press freedom, and the increasing use of injunctions and super-injunctions.

It examines press standards in the UK, particularly considering Madeleine McCann's disappearance, the suicides in and around Bridgend in 2008 and phone hacking and blagging.

The Committee does not consider that it would be right to legislate on privacy. The Press Complaints Commission (PCC) should amend its Code to include a requirement that journalists notify the subject of their articles prior to publication, subject to a 'public interest' test.

The report also assesses the damage so called 'libel tourism' has caused to the UK's reputation as a country which protects free speech and freedom of expression. In cases where the UK is not the primary domicile or place of business of the claimant or defendant, the claimant should face additional hurdles before being allowed to bring a case.

There is an urgent need to control defamation litigation costs more effectively. Competitive and commercial factors led to an inexcusable lowering of press standards in the gathering and publishing of 'news' about the McCann case, and self-regulation signally failed.

The PCC should be renamed the Press Complaints and Standards Commission, reflecting its role as a regulator, not just a complaints handling service. The regulator should have the power to fine its members where it believes that the departure from the Code of Practice is serious enough to warrant a financial penalty.

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Law-Making Explained

This is a House of Commons paper (HC 362-I, 2009-10). It is a Report from the House of Commons, Culture, Media and Sport Committee.

Find out more about House of Commons papers.

How does it affect me?

This affects you if are a journalist or work in the press. It also affects lawyers specialising in defamation cases. It could also be of interest if you have been the victim of defamation or libel.

Further Reading

Learn more about the Press Complaints Commission

Find out more about the Culture, Media and Sport Committee

Read the Defamation Act


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