Libel reform: the way forward

Straw's plan to cap success fees is a good start

Jack Straw's announcement of plans to cut the amount lawyers can charge in "no win, no fee" cases by 90 per cent is welcome and long overdue.

It was in an interview with Jason Cowley for the NS that Straw first promised to introduce a "radically reduced cap" on grossly inflated success fees. Our leader in that issue called for a 10 per cent cap on fees that at present can reach 100 per cent of costs, a demand that the Justice Secretary has now matched. Straw is determined to leave office with a reputation as a reforming secretary of state, and the changes are set to be made through secondary legislation in April or May.

Introduced in 1995, the "no win no fee" system was created with the honourable aim of providing the poorest with access to justice, yet it has left small publishers unable to defend themselves. Research by Oxford University shows that the cost of fighting a libel action in England is 140 times greater than the European average.

But while reducing the cost of cases is a necessary reform, it is not the only amendment our libel laws need. London has become the libel capital of the world, not just because of the sums claimants can win, but because it is easier to win a case here than in any comparable democracy. Only English libel law places the burden of proof on the defendant, meaning the odds are stacked against authors and publishers from the start. Any future government should shift this burden from the defendant to the plaintiff as a matter of urgency.

It should also provide publishers with a stronger public-interest defence against legal action; prevent foreigners from suing in the British courts unless they can demonstrate that they have suffered real harm in this country; and end cash damages in all but the most severe cases.

Labour's record on civil liberties is not a proud one, but on libel it has, belatedly, rediscovered some of the radicalism that attracted so many in 1997. Straw deserves credit for the abolition of sedition and criminal libel last year and for his latest proposals. But bolder action is now needed. Britain's shameful libel laws require nothing less.

 

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George Eaton is political editor of the New Statesman.

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Donald Trump vs Barack Obama: How the inauguration speeches compared

We compared the two presidents on trade, foreign affairs and climate change – so you (really, really) don't have to.

After watching Donald Trump's inaugural address, what better way to get rid of the last few dregs of hope than by comparing what he said with Barack Obama's address from 2009? 

Both thanked the previous President, with Trump calling the Obamas "magnificent", and pledged to reform Washington, but the comparison ended there. 

Here is what each of them said: 

On American jobs

Obama:

The state of our economy calls for action, bold and swift.  And we will act, not only to create new jobs, but to lay a new foundation for growth.  We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together.  We'll restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost.  We will harness the sun and the winds and the soil to fuel our cars and run our factories.  And we will transform our schools and colleges and universities to meet the demands of a new age.

Trump:

For many decades we've enriched foreign industry at the expense of American industry, subsidized the armies of other countries while allowing for the very sad depletion of our military.

One by one, the factories shuttered and left our shores with not even a thought about the millions and millions of American workers that were left behind.

Obama had a plan for growth. Trump just blames the rest of the world...

On global warming

Obama:

With old friends and former foes, we'll work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet.

Trump:

On the Middle East:

Obama:

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West, know that your people will judge you on what you can build, not what you destroy. 

Trump:

We will re-enforce old alliances and form new ones and unite the civilized world against radical Islamic terrorism, which we will eradicate completely from the face of the earth.

On “greatness”

Obama:

In reaffirming the greatness of our nation we understand that greatness is never a given. It must be earned.

Trump:

America will start winning again, winning like never before.

 

On trade

Obama:

This is the journey we continue today.  We remain the most prosperous, powerful nation on Earth.  Our workers are no less productive than when this crisis began.  Our minds are no less inventive, our goods and services no less needed than they were last week, or last month, or last year.  Our capacity remains undiminished.  

Trump:

We must protect our borders from the ravages of other countries making our product, stealing our companies and destroying our jobs.

Protection will lead to great prosperity and strength. I will fight for you with every breath in my body, and I will never ever let you down.

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