Robert Sharp

Pupil Barrister

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Writing on Libel Reform on Liberal Democrat Voice

16 April 2013 / / 0 Comments

Over the weekend, I wrote a short piece about the Defamation Bill for Liberal Democrat Voice, urging activists to lobby their party leadership.  The Defamation Bill is to be debated in the House of Commons today, so it is worth cross-posting this now, before the crucial votes render it obsolete!  This morning, Stephen Tall wrote a follow up post: ‘Lib Dems Libel Reform retreat points to a wider coalition problem‘.

There is a new threat to the Defamation Bill.
No sooner had the proposed law been liberated, after being taken hostage by Leveson negotiations, than Conservative MPs have begun messing with crucial free speech provisions.
Former libel lawyer Sir Edward Garnier MP has tabled an amendment seeking to remove a crucial clause from the Defamation Bill. The clause places some limits on corporations’ use of the libel laws. It does not bar them from suing entirely – just asks that they show financial loss before they do so. It’s an objective and measurable test for companies, who after all do not have feelings.
Such a law would have discouraged the crippling libel cases brought by Big Pharma against Dr Peter Wilmshurst and Dr Ben Goldacre. It would have helped Simon Singh. It would stop the costly ‘lawfare’ waged by the extractive industries around the world against human rights groups like Global Witness. It would stop scientists and doctors from having to decide whether to speak out for their patients and risk selling their house in order to pay legal fees… Or keep their mouths shut. Continue reading

Taiye Selasi and the Afropolitan

16 April 2013 / / 0 Comments

https://twitter.com/kamilashamsie/status/323866322901553152
So yesterday, Granta announced their once-a-decade list of the Best British novelists under 40. I’m pleased for English PEN deputy president Kamila Shamsie, who was featured on the list.
But I’m also delighted to the inclusion of Taiye Selasi, whose novel Ghana Must Go has recently been published. Taiye is the author of my favourite piece of prose published in the LIP magazine, a magazine project I worked on from 2003-07.
Continue reading

To 'publish' means giving up control

14 April 2013 / / 2 Comments

I had not read the term ‘fauxtroversy’ before now, but I think Dorian Lynskey uses it perfectly in his New Statesman article about the Kent Youth Commissioner Paris Brown. 17 year-old Paris has been forced to resign from her appointment, following ‘exposure’ of inappropriate tweets… Some written years ago. The views expressed would be surprising coming from the feed of, ooh, let us say, a thirty-something blogger and campaigner for PEN. But not from a young teenager. Outbursts, inarticulacy, immature, ill-thought-out and prejudiced views are as much a part of adolescence as spots, puberty, resentment of your parents, and fancying inappropriate, unattainable people.
The great thing about voicing ridiculous and ill-considered political views, is that people challenge them. There is nothing like being scrutinised on a stupid, unsophisticated political position to realise that life and politics are nuanced and complex.
Continue reading

Support the Lesley Kemp Libel Fighting Fund

13 April 2013 / / 6 Comments

Here’s something I put together for the Libel Reform Campaign.
As we prepare for the Defamation Bill debate in the House of Commons on Tuesday 16 April, another libel case has emerged that demonstrates the urgent need for libel reform.
The Libel Reform Campaign is urging its supporters to support a legal fighting fund for Lesley Kemp. Lesley is a professional transcriber living in Milton Keynes. In August last year she took on some work for a film production company based overseas. After the late payment of an invoice for just £146, and the deduction of a £25 fee for the international bank transfer, Lesley tweeted her frustration. When the account was finally paid in full, she followed up with a positive tweet noting that fact.
Lesley is now being sued by the director of the production company! The claimant’s solicitors are asking for damages, a permanent injunction and legal costs.
These proceedings have had a serious impact on Lesley’s well-being. She writes:

I am unable to afford legal representation and I’m ineligible for legal aid. The costs and other expenses associated with the legal process are prohibitive to me. I am almost 56 years of age, close to retirement but it looks very likely that this action … will result in the loss of my home and business and pretty much destroy my life.

Thankfully, Robert Dougans of legal firm Bryan Cave and barrister Jonathan Price have just agreed to represent Lesley on a no-win, no-fee basis. However, she must still pay court fees, other expenses, and an interim payment of costs to be able to take the case to trial. A fighting fund for Lesley Kemp as been set up at www.kapipal.com/lesley-kemp. A few supporters of the Libel Reform Campaign have already donated, but we need more people to chip-in to help her defend the case. We only need to raise about £800 to pay the fees ordered by the court. Another £1,000 will be needed to take the case to trial.
These disproportionate libel threats are precisely the kind of actions that the Libel Reform Campaign hopes will be resolved by the Defamation Bill. The toughened defences of serious harm and truth in the Bill would discourage such claims in the future.
However, the Defamation Bill is not yet law. The new defences we have campaigned for cannot help Lesley. Please visit www.kapipal.com/lesley-kemp today and make a small donation to Lesley’s fighting fund.

Quoted in the Daily Mail, discussing Libel Reform

12 April 2013 / / 1 Comment

As well as quotes in the the Guardian and the Telegraph, I am also quoted in the Daily Mail today, discussing the same issue of libel law and corporations.

Libel lawyer and Tory MP Sir Edward Garnier has put down amendments to the Government’s Defamation Bill that would remove key sections designed to boost freedom of speech. … Robert Sharp, of English PEN, another group calling for change to protect freedom of speech, said both subclauses were essential ‘to stop the inequality of arms that corporations use’.

 

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