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 most terrifying thing about Donald Trump's speech? What he didn't say

No politician uses official speeches to put across their most controversial ideas. But Donald Trump's are not hard to find. 

As Donald Trump took the podium on a cold Washington day to deliver his inauguration speech, the world held its breath. Viewers hunched over televisions or internet streaming services watched Trump mouth “thank you” to the camera, no doubt wondering how he could possibly live up to his deranged late-night Twitter persona. In newsrooms across America, reporters unsure when they might next get access to a president who seems to delight in denying them the right to ask questions got ready to parse his words for any clue as to what was to come. Some, deciding they couldn’t bear to watch, studiously busied themselves with other things.

But when the moment came, Trump’s speech was uncharacteristically professional – at least compared to his previous performances. The fractured, repetitive grammar that marks many of his off-the-cuff statements was missing, and so, too, were most of his most controversial policy ideas.

Trump told the crowd that his presidency would “determine the course of America, and the world, for many, many years to come” before expressing his gratefulness to President Barack Obama and Michelle Obama for their “gracious aid” during the transition. “They have been magnificent," Trump said, before leading applause of thanks from the crowd.

If this opening was innocent enough, however, it all changed in the next breath. The new president moved quickly to the “historic movement”, “the likes of which the world has never seen before”, that elected him President. Following the small-state rhetoric of his campaign, Trump promised to take power from the “establishment” and restore it to the American people. “This moment," he told them, “Is your moment. It belongs to you.”

A good deal of the speech was given over to re-iterating his nationalist positions while also making repeated references to the key issues – “Islamic terrorism” and families – that remain points of commonality within the fractured Republican GOP.

The loss of business to overseas producers was blamed for “destroying our jobs”. “Protection," Trump said, “Will lead to great strength." He promised to end what he called the “American carnage” caused by drugs and crime.

“From this day forward," Trump said, “It’s going to be only America first."

There was plenty in the speech, then, that should worry viewers, particularly if you read Trump’s promises to make America “unstoppable” so it can “win” again in light of his recent tweets about China

But it was the things Trump didn't mention that should worry us most. Trump, we know, doesn’t use official channels to communicate his most troubling ideas. From bizarre television interviews to his upsetting and offensive rallies and, of course, the infamous tweets, the new President is inclined to fling his thoughts into the world as and when he sees fit, not on the occasions when he’s required to address the nation (see, also, his anodyne acceptance speech).

It’s important to remember that Trump’s administration wins when it makes itself seem as innocent as possible. During the speech, I was reminded of my colleague Helen Lewis’ recent thoughts on the “gaslighter-in-chief”, reflecting on Trump’s lying claim that he never mocked a disabled reporter. “Now we can see," she wrote, “A false narrative being built in real time, tweet by tweet."

Saying things that are untrue isn’t the only way of lying – it is also possible to lie by omission.

There has been much discussion as to whether Trump will soften after he becomes president. All the things this speech did not mention were designed to keep us guessing about many of the President’s most controversial promises.

Trump did not mention his proposed ban on Muslims entering the US, nor the wall he insists he will erect between America and Mexico (which he maintains the latter will pay for). He maintained a polite coolness towards the former President and avoiding any discussion of alleged cuts to anti-domestic violence programs and abortion regulations. Why? Trump wanted to leave viewers unsure as to whether he actually intends to carry through on his election rhetoric.

To understand what Trump is capable of, therefore, it is best not to look to his speeches on a global stage, but to the promises he makes to his allies. So when the President’s personal website still insists he will build a wall, end catch-and-release, suspend immigration from “terror-prone regions” “where adequate screening cannot occur”; when, despite saying he understands only 3 per cent of Planned Parenthood services relate to abortion and that “millions” of women are helped by their cancer screening, he plans to defund Planned Parenthood; when the president says he will remove gun-free zones around schools “on his first day” - believe him.  

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland