News: Defamation Act 2013 receives Royal Assent

On 25 April 2013, nearly three years after the introduction of Lord Lester’s Defamation Bill [pdf], the Defamation Act 2013 received Royal Assent. The Bill was introduced in the House of Commons on 10 May 2012 and completed its final stage, House of Commons “Ping Pong” on 24 April 2013.  It will come into force on “such day as the Secretary of State may appoint”.

LSE Media Policy Project: Media Policy in 2013

One of the things the LSE Media Policy Project aims to do in 2013 is provide much more information on future policy consultations, decisions and challenges. Here are some tasters that were discussed in a brainstorming workshop we held at the LSE with officials from Ofcom, the European Commission and academic experts. 

Media Standards Trust YouGov Poll: Public Supports Full Implementation of Leveson

A YouGov poll commissioned by the Media Standards Trust [pdf] and conducted on 31 January to 1 February 2013, has shown strong public support behind implementation of Lord Justice Leveson’s recommendations for a new system of press regulation.

News: House of Lords adds “Leveson” amendments to Defamation Bill, Government defeated by a substantial majority

After more than 2 hours of debate, the House of Lords today voted to accept Lord Puttnam’s amendments to the Defamation Bill to insert provisions for a statutory “Recognition Commission” into the Defamation Bill.  The Government was defeated by the surprisingly wider margin of 272 votes to 141.

A New Style Public Interest Defence in Libel Law? – Andrew Scott and Alastair Mullis

An interesting proposal has slipped quietly into the mix for consideration during the House of Lords Committee stage deliberations on the Defamation Bill. During the Second Reading debate, Lord Lester mooted a possible alternative to the clause 4 defence of responsible publication on a matter of public interest. The Joint Committee on Human Rights has pressed the Government on the desirability of the new alternative. In our view, the proposal – developed by Sir Brian Neill (pic) – offers an opportunity both to improve the operation of the existing common law defence and to ‘tidy up’ aspects of the existing Bill.

Section 127 of the Communications Act 2003: Threat or Menace? – Lilian Edwards

Section 127 of the Communications Act 2003, once one of the more obscure provisions of the cybercrime world, has had a good workout lately. Famously, Paul Chambers, delayed at Doncaster Airport and frustrated at possibly not getting to see his girlfriend, was accused and convicted of sending ‘by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character‘ (s 127(a)) because he had sent a humorous and frustrated tweet saying: ”Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together otherwise I am blowing the airport sky high!!’.

“Snooper’s Charter” Consultation – Paul Bernal

The draft Communications Data Bill [pdf] – the ‘Snoopers’ Charter’ – is currently up for consultation before a specially put together Joint Parliamentary Committee. The consultation period has been relatively short – it ends on 23rd August – and at a time when many people are away on holiday and while many other have been enjoying (and being somewhat distracted by) the Olympic Games.

The Defamation Bill 2012: Missing the Wood (With No Excuses) – Alastair Mullis and Andrew Scott

The Defamation Bill is to receive a second reading in the House of Commons on 12 June. In preparation, Lord McNally has been repeating the mantra that the reforms will introduce a better balance between free speech and the protection of reputation in the law of libel. The inference to be drawn is that the substantive law is currently weighted in favour of reputation. Any casual observer of the ballyhoo and passing frenzy that has characterised discussion of this issue over the past 24 months would no doubt nod assent.

Journalism and the public interest: a Hacked Off initiative – Brian Cathcart

The case of Guardian reporter Amelia Hill is only the latest to show up the unsatisfactory state of the law when it comes to journalism and the public interest.  On the face of it the story is pretty straightforward. Hill was suspected of breaking the law when she received information from a police officer. She was questioned by detectives and a file was sent to the Crown Prosecution Service, which has now ruled that prosecuting her would not be in the public interest.

News: MPs to debate Select Committee Phone Hacking Report

It has been announced by the Speaker that MPs will debate the findings of the Select Committee Report into phone hacking “at the beginning of public business” tomorrow (Tuesday 22 May 2012).  In other words, the debate will take place after question time and any statements to the House.