Clegg impresses on libel reform

Deputy PM announces a series of measures to curb Britain’s “chilling” libel laws.

It's not the vote-winner the Lib Dems badly need but Nick Clegg's comments on libel reform today are some of the most impressive we've heard from a British politician. In his speech on civil liberties (a full transcript of which can be found here), the Deputy PM promised to provide publishers with a new statutory public-interest defence, clamp down on libel tourism and reform the system of "no win, no fee" litigation, which can make it prohibitively expensive for publications to defend themselves.

Clegg said: "The test of a free press is its capacity to unearth the truth, exposing charlatans and vested interests along the way. It is simply not right when academics and journalists are effectively bullied into silence by the prospect of costly legal battles with wealthy individuals and big businesses."

Britain's libel laws, as the NS has noted before, have become a international embarrassment. So feared are this country's laws that the US Congress last year passed new legislation to counter the threat posed by libel tourists in the UK.

American newspapers including the New York Times, the Boston Globe and the Los Angeles Times had threatened to abandon supplying the 200-odd copies they make available for sale in London because they could no longer risk losing millions of dollars in a libel action that they would never face under US law.

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. Jack Straw's libel reform plan, which would have capped lawyers' success fees at 10 per cent, fell victim to the parliamentary "wash-up".

But Clegg's reforms, which will be included in a draft defamation bill in the spring, are not sufficient. 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.

The government should shift this burden from the defendant to the plaintiff as a matter of priority. But if Clegg can deliver on his aspiration to turn English libel laws from an "international laughing stock to an international blueprint", we'll have at least one thing to thank the Lib Dems for.

George Eaton is political editor of the New Statesman.

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Can Philip Hammond save the Conservatives from public anger at their DUP deal?

The Chancellor has the wriggle room to get close to the DUP's spending increase – but emotion matters more than facts in politics.

The magic money tree exists, and it is growing in Northern Ireland. That’s the attack line that Labour will throw at Theresa May in the wake of her £1bn deal with the DUP to keep her party in office.

It’s worth noting that while £1bn is a big deal in terms of Northern Ireland’s budget – just a touch under £10bn in 2016/17 – as far as the total expenditure of the British government goes, it’s peanuts.

The British government spent £778bn last year – we’re talking about spending an amount of money in Northern Ireland over the course of two years that the NHS loses in pen theft over the course of one in England. To match the increase in relative terms, you’d be looking at a £35bn increase in spending.

But, of course, political arguments are about gut instinct rather than actual numbers. The perception that the streets of Antrim are being paved by gold while the public realm in England, Scotland and Wales falls into disrepair is a real danger to the Conservatives.

But the good news for them is that last year Philip Hammond tweaked his targets to give himself greater headroom in case of a Brexit shock. Now the Tories have experienced a shock of a different kind – a Corbyn shock. That shock was partly due to the Labour leader’s good campaign and May’s bad campaign, but it was also powered by anger at cuts to schools and anger among NHS workers at Jeremy Hunt’s stewardship of the NHS. Conservative MPs have already made it clear to May that the party must not go to the country again while defending cuts to school spending.

Hammond can get to slightly under that £35bn and still stick to his targets. That will mean that the DUP still get to rave about their higher-than-average increase, while avoiding another election in which cuts to schools are front-and-centre. But whether that deprives Labour of their “cuts for you, but not for them” attack line is another question entirely. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.

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