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Sir Edward Garnier QC
Call: 1976 Silk: 1995

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Defamation Bill published

20/05/2012

After being introduced in the House of Commons and receiving its first reading, the Defamation Bill has now been published.

Lord Lester first introduced his private member’s Bill in May 2010, following which the government launched the new Bill in March 2011. The Bill was subjected to pre-legislative scrutiny by a Parliamentary Joint Committee, to which Andrew Caldecott QC was the specialist legal adviser. Its publication also follows a period of public consultation.

Of particular note are the following reforms:

• The introduction of a threshold test requiring claimants to show ‘serious harm’ to reputation. This follows the case of Thornton v Telegraph Media Group [2010] EWHC 1411 (QB)

• The placing of the majority of the common law defences, including Reynolds privilege, on a statutory footing. The justification defence is renamed the defence of ‘truth’

• The introduction of a single publication rule for statements which are ‘substantially the same’; and

• The removal of the presumption in favour of trial by jury.

The second reading of the Bill is expected to take place on 12th June 2012.

One Brick Court’s response to the Ministry of Justice Consultation on the Bill can be found here

A previous case note on the Bill can be found here
 

The Bill itself can be accessed here