Libel after Eady

Eady stepping down as top libel judge does not affect the need for libel reform

From 1 October 2010, Sir David Eady will no longer be the senior libel and privacy judge at the High Court (also see report here). He will still be able to hear libel and privacy trials -- he is not retiring outright -- but he will no longer pick and choose which media law cases go before him.

This is welcome news; but not because Mr Justice Eady is particuarly culpable as a judge. In fact, Sir David Eady is generally no worse and no better than any other judge applying the dysfunctional English law of libel. He has given almost as many heartening liberal defamation judgments as dreadfully illiberal judgments. And his contribution to the development of privacy law is commendable: the mainstream media is now less likely to intrude upon people's personal space and misuse private information just because of his rulings.

It is instead welcome news because it de-personalises a complex problem. The problems with libel law are to do with the substance of the law and the way it is litigated and threatened, and not because of any particular judge. To deride Mr Justice Eady -- or to sneer at any particular law firm -- is not the same as urging libel reform.

Libel reform is required mainly because the law wrongly elevates a private right to reputation above the public interest in free discussions on matters of vital public interest. For example, important debates about public health and the efficacy of certain medical treatments remain inhibited by the worry of libel threats. And not all writers have the sheer grit and commitment (and personal resources) of a Simon Singh.

Judges come and go; and (sadly) there will never be a shortage of lawyers who will send aggressive letters to close down contributions to public debates as long as the law allows them to do so. The replacement of Mr Justice Eady as the High Court's senior libel judge makes no real difference to the campaign for libel reform.

The awful -- indeed dispreputable -- state of English libel law will still be there the morning after he steps down.

 

David Allen Green blogs for the New Statesman on legal and policy matters. He is a City media lawyer and was shortlisted for the George Orwell blogging prize for his Jack of Kent blog.

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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Appreciate the full horror of Nigel Farage's pro-Trump speech

The former Ukip leader has appeared at a Donald Trump rally. It went exactly as you would expect.

It is with a heavy heart that I must announce Nigel Farage is at it again.

The on-again, off-again Ukip leader and current Member of the European Parliament has appeared at a Donald Trump rally to lend his support to the presidential candidate.

It was, predictably, distressing.

Farage started by telling his American audience why they, like he, should be positive.

"I come to you from the United Kingdom"

Okay, good start. Undeniably true.

"– with a message of hope –

Again, probably quite true.

Image: Clearly hopeful (Wikipedia Screenshot)

– and optimism.”

Ah.

Image: Nigel Farage in front of a poster showing immigrants who are definitely not European (Getty)

He continues: “If the little people, if the real people–”

Wait, what?

Why is Trump nodding sagely at this?

The little people?

Image: It's a plane with the name Trump on it (Wikimedia Commons)

THE LITTLE PEOPLE?

Image: It's the word Trump on the side of a skyscraper I can't cope with this (Pixel)

THE ONLY LITTLE PERSON CLOSE TO TRUMP IS RIDING A MASSIVE STUFFED LION

Image: I don't even know what to tell you. It's Trump and his wife and a child riding a stuffed lion. 

IN A PENTHOUSE

A PENTHOUSE WHICH LOOKS LIKE LIBERACE WAS LET LOOSE WITH THE GILT ON DAY FIVE OF A PARTICULARLY BAD BENDER

Image: So much gold. Just gold, everywhere.

HIS WIFE HAS SO MANY BAGS SHE HAS TO EMPLOY A BAG MAN TO CARRY THEM

Image: I did not even know there were so many styles of Louis Vuitton, and my dentists has a lot of old copies of Vogue.

Anyway. Back to Farage, who is telling the little people that they can win "against the forces of global corporatism".

 

Image: Aaaaarggghhhh (Wikipedia Screenshot)

Ugh. Okay. What next? Oh god, he's telling them they can have a Brexit moment.

“... you can beat Washington...”

“... if enough decent people...”

“...are prepared to stand up against the establishment”

Image: A screenshot from Donald Trump's Wikipedia page.

I think I need a lie down.

Watch the full clip here:

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