what effect is the General Election result Likely to have on
libel reform?
It is too early to tell, so soon after the election result and
the formation of the new coalition government, exactly what changes
(if any) we can expect to libel law over the coming months and
years.
Prior to the general election, former Justice Secretary Jack
Straw was keen to push through legislation reducing the success
fees which lawyers can charge in libel cases from 100% to 10% of
costs. This followed recommendations contained in the report of
Lord Justice Jackson into civil litigation costs. However, Straw's
plans faltered when MPs of all parties on the Commons delegated
legislation committee voted against the measure. Ultimately, the
plan was dropped prior to the dissolution of Parliament.
So where do the election result and the new coalition government
leave the matter of libel reform? Both the Conservatives and
Liberal Democrats included in their manifestos promises to reform
libel laws. In the Conservative/Liberal Democrat's document
"Coalition: Our Programme for Government", published on 20 May
2010, libel reform is mentioned as one of the measures which the
government intends to address in its commitment to implementing "a
full programme of measures to reverse the substantial erosion of
civil liberties…". These measures include the "review" of libel
laws "to protect freedom of speech". To date, no more detail has
been provided about the scope and extent of this "review" and
interested parties will no doubt wait with interest to see what
form libel reform might take under the new government.
In its manifesto, the Conservative party committed to abolishing
the Human Rights Act and replacing it with a UK "Bill of Rights".
However, the Liberal Democrats have always opposed the abolition of
the Human Rights Act. The coalition agreement does not refer to the
abolition of the Act, but states that the government will establish
a commission to "…investigate the creation of a British Bill of
Rights that incorporates and builds on all our obligations under
the European Convention on Human Rights…" Any change to the Human
Rights Act, or the introduction of a British Bill of Rights, and in
particular any change to the rights to privacy and freedom of
expression could have repercussions for libel and privacy laws.
In conclusion, when it comes to libel reform under the new
coalition government, all we can say with certainty is that we
don't yet know what will happen. Interested parties should watch
this space.
