The Defamation Bill as drafted by Lord Lester has been on the table for some three years but has not yet been enacted. This Bill appears to have been all but killed off because of the suggestion that the Defamation Bill should include additional sections dealing with press regulation and the Leveson report. The problem here is there is a lot of controversy surrounding press regulation and it is this that is halting the much needed libel reform despite the fact the libel aspects of the Bill have been debated and had their validity established. This has prompted authors such as Stephen Fry to draft an open letter to the party leaders (Cameron, Clegg and Miliband) urging them to implement the much needed Defamation Bill.
So why is libel reform needed?
In recent times there have been a number of important libel cases brought before the English courts which have raised important issues over what should and should not be published. The important case of Simon Singh highlighted the need for comment and debate on new and sometimes questionable medical practices. The need for debate in these areas legitimises medical practice and treatment by raising fundamental questions that are in the public’s interest to know in order to make informed decisions about new medical treatment or practices available to them. This is the crux of why the Defamation Bill is being pushed forward by authors; in order to put into effect the much needed public interest defence which would lessen the libel threat against legitimate comment on matters which effect the public.
The main principle behind the Bill is to stop writers being bullied into silence and stifling freedom of speech. Freedom of speech is fundamental to a democratic society and should be allowed to flourish, providing the public with current and legitimate debate on important issues. The Government should not delay the implementation of this vital piece of legislation!
