Libel
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Libel is the written communication of false statements which expose a person to 'hatred, ridicule or contempt' or tend to lower his standing in 'the estimation of right-thinking members of society generally'.
English law allows libel actions to be brought for any published written statement that is alleged to defame a named or identifiable person or persons. It is a complete defence to all allegations of defamation (both libel and slander) to prove that the statement is true. It is for the respondent to prove the truth of the statement, on a balance of probabilities.
Neither political parties, nor local government authorities (nor, by analogy, central government departments) may sue for libel. MPs and Peers may not sue in defamation unless prepared to waive their Parliamentary privilege to the extent that their conduct in Parliament may be used as evidence by the repondant to attest the truth of their statement.
The category of qualified privilege provides a defence for newspapers and publishers when statements are subsequently demonstrated to be false. Following the case of Reynolds v Times Newspapers Ltd. [2001], the existence of qualified privilege is a matter for the judge, but in deciding on its presence several factors is considered, including the seriousness of the allegation, any steps taken to verify it, whether comment had been sought from the claimant, etc.
The defence of 'fair comment' provides protection for published opinions. Opinions may be legitimately published even though vehement or unfair, provided they could conceivably have been held by an honest person holding extreme views. The opinions must make no incorrect statements of fact, must be on a matter of public interest and must not exhibit malice.
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Summary
There has been support for the Index on Censorship, English PEN and Sense About Science campaign for libel reform.
- See also: Libel Reform Campaign
Forum topics
- reforming uk libel laws (last post on January 28th 2010)
Votes
Manifesto Ratification 2010
A vote on this policy is due to take place as part of the ratification of the proposed manifesto. No date has yet been set.
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