Overview

The Defamation Bill aims to reform UK defamation law, making it fairer and more accessible. Key changes include introducing new defences for responsible publication on matters of public interest and honest opinion, clarifying the defence of truth, and altering the rules around trial by jury in defamation cases.

Description

New Defences

The bill introduces a defence of "responsible publication on matters of public interest," requiring defendants to demonstrate they acted responsibly in publishing the material. It also replaces "fair comment" with the defence of "honest opinion," requiring the opinion to be honestly held and based on existing facts or privileged material.

Defence of Truth

The bill renames "justification" to "truth," requiring the defendant to show the statement was substantially true. It clarifies that the defence doesn't fail simply because one element of a statement is untrue, as long as the untrue part doesn't materially harm the claimant's reputation.

Statutory Privilege

The bill grants absolute privilege to fair and accurate reports of court proceedings and parliamentary matters. Qualified privilege is extended to a wider range of reports and statements, including those from international organisations and public inquiries.

Publication

The bill clarifies responsibility for publication, offering defences to those who merely facilitate publication or broadcast live programmes where defamatory content was unforeseeable. It also establishes a notice procedure for secondary publishers, giving them a chance to remove defamatory material before legal action.

Cause of Action

The bill introduces a requirement for corporate claimants to demonstrate substantial financial loss. It also mandates striking out defamation claims unless the claimant demonstrates substantial harm or likelihood of substantial harm to their reputation. For publications outside the UK jurisdiction, substantial harm must be shown within the UK.

Trial by Jury

The bill removes the presumption of trial by jury in defamation cases, giving the court discretion to order a jury trial if it's in the interests of justice. Factors to be considered include public interest, the parties' identities, and the complexity of evidence.

Parliamentary Evidence

The bill allows the Speaker of either House of Parliament to waive parliamentary privilege in defamation cases, enabling evidence related to parliamentary proceedings to be admitted in court.

Government Spending

The bill's financial impact is not explicitly stated in the text but is expected to reduce government expenditure on legal costs associated with defamation cases. The exact figures are not provided.

Groups Affected

Journalists and Media Outlets: The new defences could make it easier to report on matters of public interest, but they also require responsible reporting practices.
Individuals and Organisations: Claimants will find it harder to succeed with defamation claims unless they can demonstrate substantial harm to their reputation or financial loss.
Public Bodies and Officials: The bill clarifies the application of privilege to their statements and reports.
Courts: The bill alters procedures in defamation trials and may affect the number of jury trials.

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