Tag Archives: Reynolds Defence

#LibelReform: The Perils of An Inadequate Response

First posted on OpenDemocracy

The government has responded to grassroots pressure for libel reform, but its proposals do not go far enough towards genuinely safeguarding free speech on the internet and ensuring that powerful corporations cannot silence their critics.

During a panel event on Defamation Reform earlier this year, the lawyer Paul Tweed said that the recent focus on Libel Tourism was the result of “the most successful lobbying campaign since that conducted by the tobacco industry”.  Those of us at English PEN, Index on Censorship and Sense About Science who had done some of that lobbying gleefully re-tweeted Tweed’s back-handed compliment.

We’re lobbying for libel reform in the UK because we believe the law is not fit for purpose in the 21st Century.  The high cost of fighting an action in the High Court is coupled with a law that seems to prioritise reputation over free expression.  The truth of the matter and the harm caused are presumed in favour of the claimant.  And because the law has not been updated to reflect the invention of the Internet, each web-page is treated as a ‘publication’ as if it were a book printed in the country where it is read.  All this has created the phenomenon of Libel Tourism, where foreign libel claimants take advantage of the English Courts’ claimant-friendly jurisdiction.
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Can Publishing Be a Form of Fact-Checking?

And now for some Inside Baseball.

Last week, I managed to irritate legal blogger Jack of Kent (a.k.a. David Allen Green) by suggesting he was being stingy with his links, and then not telling him about it.  This was not entirely true on either count – He was not being as unlinky as I had thought; and I had tried to let him know.

Since David and I have worked together on the Libel Reform Campaign, I assume that he is not going to sue me for trashing his reputation in the Guardian.  However, elements of our exchange got me thinking about issues of ‘responsibility’ in blogging.

Here’s the thing:  When David asked me “why didn’t you check?” I felt strangely short-changed, despitre the fact that I certainly had not checked with him beforehand.  This is because when I typed the original post, I fully expected David to become aware of it. Incoming links and twitter recommendations usually alert people to the fact they are being discussed.  Moreover, I think some part of my subconsicious decided that to cite him was, in effect, an invitation to respond.  The invitation was not explicit, but to me it feels like an integral part of the blogging conversation.

I write this not to try and get myself off the hook for the pint I know I must pay to David, but instead to ask how responsible blogging might be different from responsible journalism. A key pillar of the existing Reynolds Defence (a public interest defence for libellous statements) is the idea of verification before publishing.  But should this hold for bloggers?  What of the idea (which I had internalised until David complained) that the early publishing of comment or allegations on a blog or twitter, is in itself part of the verification and fact-checking process?  For citizen bloggers, publishing a claim online carries the implicit (and often explicit) request – “please help me verify”.

Mainstream media critics of blogging, and the politicians, certainly disagree, and see the publication of anything unchecked as being irresponsible.  I would appreciate thoughts on this from The Man Himself – Could this form of early publication online be considered ‘responsible’, due to the very nature of the medium?