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.)

Grant Shapps on the campaign trail. Photo: Getty
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Grant Shapps resigns over Tory youth wing bullying scandal

The minister, formerly party chairman, has resigned over allegations of bullying and blackmail made against a Tory activist. 

Grant Shapps, who was a key figure in the Tory general election campaign, has resigned following allegations about a bullying scandal among Conservative activists.

Shapps was formerly party chairman, but was demoted to international development minister after May. His formal statement is expected shortly.

The resignation follows lurid claims about bullying and blackmail among Tory activists. One, Mark Clarke, has been accused of putting pressure on a fellow activist who complained about his behaviour to withdraw the allegation. The complainant, Elliot Johnson, later killed himself.

The junior Treasury minister Robert Halfon also revealed that he had an affair with a young activist after being warned that Clarke planned to blackmail him over the relationship. Former Tory chair Sayeedi Warsi says that she was targeted by Clarke on Twitter, where he tried to portray her as an anti-semite. 

Shapps appointed Mark Clarke to run RoadTrip 2015, where young Tory activists toured key marginals on a bus before the general election. 

Today, the Guardian published an emotional interview with the parents of 21-year-old Elliot Johnson, the activist who killed himself, in which they called for Shapps to consider his position. Ray Johnson also spoke to BBC's Newsnight:


The Johnson family claimed that Shapps and co-chair Andrew Feldman had failed to act on complaints made against Clarke. Feldman says he did not hear of the bullying claims until August. 

Asked about the case at a conference in Malta, David Cameron pointedly refused to offer Shapps his full backing, saying a statement would be released. “I think it is important that on the tragic case that took place that the coroner’s inquiry is allowed to proceed properly," he added. “I feel deeply for his parents, It is an appalling loss to suffer and that is why it is so important there is a proper coroner’s inquiry. In terms of what the Conservative party should do, there should be and there is a proper inquiry that asks all the questions as people come forward. That will take place. It is a tragic loss of a talented young life and it is not something any parent should go through and I feel for them deeply.” 

Mark Clarke denies any wrongdoing.

Helen Lewis is deputy editor of the New Statesman. She has presented BBC Radio 4’s Week in Westminster and is a regular panellist on BBC1’s Sunday Politics.