What the draft Defamation Bill means in practice
On Tuesday this week, the Ministry of Justice published its long awaited Draft Defamation Bill and Consultation Paper. Our table analyses some of the key changes that would ensue if the Bill is enacted and what those changes would mean in practice for claimants and defendants. We also analyse what is missing from the Bill, in light of current issues and when compared to Lord Lester’s Private Member’s Defamation Bill published last year.
In summary, the Bill goes a long way to addressing the publishing community’s concerns over the detrimental effect that defamation law is having on freedom of expression. However, there is more that the Government could do to tighten the wording and also meet both additional concerns (such as the expanding law of privacy) and the dire costs implications that accompany most defamation actions.
The Government is now consulting on the Bill. The consultation period closes on 10 June 2011.
Click to read the Bill and the Consultation Paper.
Lawyers Niri Shanmuganathan, Lorna Caddy
