The challenge of libel reform

A draft Libel Reform Bill is imminent.

The government is poised to publish a draft Defamation Reform Bill. It may even be next week. There will then be discussion and consultation, and one hopes it will be the basis of a formal bill to be placed before parliament in the next session.

In a clever move, the Libel Reform Campaign, of which I am a supporter, today publishes an important pamphlet, "What should a defamation bill contain?" (pdf here) By publishing this pamphlet, the campaign is ensuring that there is an independent basis for assessing the content of the draft bill, rather than leaving the immediate assessments of its validity in the hands of Ministry of Justice spin. This pamphlet should be read by anyone with an interest in media law and policy.

Any libel reform will have to meet certain challenges. There is the risk that weakening libel law will allow the tabloids to trash even more the reputations of private individuals caught up in news stories. There is also the need for libel law to be reframed so as to deal with internet publication: most of defamation law was developed when publication and broadcasting were in the hands of a very few individuals.

But the biggest challenge is to ensure that libel law can no longer be used to inhibit the free discussion of matters of public interest, such as the efficacy of medicines and treatments, the behaviour of police officers and other state officials, and the conduct of powerful corporations. The huge support behind the science writer Simon Singh in his two-year battle to defeat a misconceived and illiberal libel claim brought by the now discredited British Chiropractic Association was primarily because of a widespread concern that libel law was being used so as to render certain public debates inefficient. This libel reform movement was not strictly in favour of the "freedom of the press" -- many of those involved in the campaign were as distrustful of mainstream media as they are of libel claimant lawyers -- but instead they sought the freedom of individuals to obtain reliable information on issues of public concern.

Libel reform may still not happen. A draft bill is no guarantee of actual legislation. The Libel Reform Campaign has worked hard for over a year to nudge the government into publishing the draft bill. They are to be congratulated for getting possible reform this far. However, more general participation in the debate following publication of the draft bill will help determine what will happen next. The need for libel reform has not gone away, and the campaign for libel reform needs active and engaged support now more than ever.

David Allen Green is legal correspondent of the New Statesman and a practising media lawyer. His "Jack of Kent" blog became well known for its coverage of the Simon Singh case.

 

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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