NMA: Defamation Reform Must be Extended to NI ‘As Soon as Possible’
The News Media Association, Media Lawyers Association, newspapers and campaigners in Northern Ireland have called for defamation law reform to be extended to the country “as soon as possible” to avoid chilling public debate and freedom of expression.
In a submission to a Northern Ireland Law Commission consultation, which closes tomorrow (Friday) and follows a sustained industry campaign for the Defamation Act 2013 to be implemented in Northern Ireland, the NMA warned that failure to reform the regime would add to the length and costs of actions.
Writing in the submission, NMA legal, policy and regulatory affairs director Santha Rasaiah said: “The NMA and its members strongly support the extension of the Defamation Act 2013 in full to the Northern Irish jurisdiction and its implementation as soon as possible.
“Defamation reform is rare and the Act resulted from considerable discussion and consultation, ensuring consideration of all perspectives. Its implementation would benefit freedom of expression, whilst facilitating better understanding of the legal limits upon it.
“Its extension to Northern Ireland would avert the detrimental consequences of legal inconsistency in such an important area, which could increase legal complexity and uncertainty, deepening the chill upon debate of matters of public interest. Its implementation could also lead to swifter determination of defamation claims, instead of adding to the length and costs of actions.”
The Media Lawyers Association, which is making a strong submission, said: “The MLA supports the enactment of the Defamation Act 2013 in Northern Ireland as soon as possible. The current law on defamation in Northern Ireland is tired, out of date, complex and expensive. The Defamation Act was three years in the making, it had support from all three of the main political parties and was the subject of public consultation and careful scrutiny by a Joint Committee of both Houses.
“It strikes a fair balance between the right to protect a good reputation and the right to freedom of expression. Some of the proposals for reform contained in the consultation paper, such as the suggestion that the single meaning rule should be abolished, are flawed and unworkable, and would lead to the creation of system that was at odds with the rest of the UK. It makes absolutely no sense for Northern Ireland to operate a different system to that in England and Wales.”
Campaigners and newspapers such as the Belfast Telegraph in Northern Ireland have warned that failure to reform defamation law could lead to the country becoming a centre for libel tourism with actions being brought in Irish courts by claimants from across the world.
Mike Harris, Libel Reform Campaign, said: “If the consultation is positive – as we expect it will be, and there is a clear majority of people in Northern Ireland in favour of reform – then I think the Assembly should implement the Defamation Act 2013, which already applies in England and Wales.
“The change could can be done in a day. That would allow Northern Ireland to have the reform that its writers, scientists and academics deserve – and it would not be subject to the kind of delays that would be encountered if we were to start from scratch to pass legislation unique to Northern Ireland.”
“The longer the law remains unreformed, the greater the chill factor, and the greater the opportunity for libel tourism.”
Lord Black of Brentwood spoke about the issue in the House of Lords calling for the UK Government to intervene following “inaction” by the Northern Ireland Executive and its failure to implement the legislation which has already been adopted in England and Wales.
Lord Black said in a debate in February last year: “This issue is at heart a constitutional matter because it impacts on the integrity of our legal system, on free speech—which is a fundamental constitutional right—on media plurality and on the ability of citizens to achieve redress of grievance. All those are undermined by the inexplicable actions of the Northern Ireland Executive.”
Lord Lexden added: “The Northern Ireland Executive’s inaction is fraught with risk and peril for the community whom the Executive exist to serve. More than 6,000 people work in publishing and the broadcast media in this part of our country. Their jobs are now at risk.”
NMA members wishing to make a submission to the consultation can email info@nilawcommission.gov.uk before the deadline tomorrow.