Keep in mind that Private Members bills almost never pass. This will
draw attention to the issue, nothing more.
On 27 May 2010 19:48, Michael Peel em...@mikepeel.net wrote:
Hi all,
I'm forwarding the email below as it affects Wikimedia a bit, due to the
following (extracted from Anthony Lester's Guardian article):
The Bill sets out the circumstances in which an internet service provider
or forum host should not be liable for defamatory material and sets time
limits on suing.
The details can be found online at:
http://services.parliament.uk/bills/2010-11/defamationhl.html
The appropriate section is section 9, Responsibility for publication.
On the surface, it looks reasonable for Wikimedia (meaning the WMF
primarily, but also WMUK if we ever assist with hosting), as we'd fall
straight under 9.1a as a facilitator and hence would clearly not be liable.
I have to admit to not being familiar with the details of existing law on
this, but presumably it's a lot more unclear.
Mike
Begin forwarded message:
From: n...@libelreform.org
Date: 27 May 2010 15:31:49 GMT+01:00
To: libelref...@mikepeel.net
Subject: Big news - Lord Lester has officially tabled a libel reform bill
Dear friends
A Libel Reform Bill has been tabled in the House of Lords
Lord Lester QC has published a Private Members’ Defamation Bill to
reform England’s outdated and unjust libel laws. This is the first attempt
in over a century to put forward a wholesale redraft of our libel laws to
address many of the issues our campaign has highlighted.
Lord Lester’s Bill covers a great deal of the recommendations of the Libel
Reform Campaign including a statutory defence for responsible publication on
a matter of public interest; clarifying the defences of justification and
fair comment, which will be renamed as ‘truth’ and ‘honest opinion’.
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.
There is a great piece by Lord Lester on why he is doing this now here.
And Simon Singh has written his thoughts on the bill here.
Thanks to your support we’ve made the case that libel law reform is an issue
politicians know they have to act on.
There is widespread Parliamentary support for reform … the majority of
eligible MPs signed up to an EDM supporting libel law reform in the last
Parliament.
There were general election manifesto commitments to reform from the
Conservatives and Liberal Democrats, and Labour.
Now, there is a coalition Government promise to reform the libel laws in the
Queen’s Speech …
…But we need new libel laws!
In light of Lord Lester’s Bill, the Libel Reform Campaign is asking: will
the Government now make clear its plans for reform? Will it support, adopt
or develop this Bill?
Help us keep the pressure on. Write to your MP asking them what the
Government intends to do.
Best,
Mike and Síle
PS - for more details of the bill and complete coverage
see www.libelreform.org
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