Defamation Claims in 2020: A Libel Thaw?

Royal Courts of Justice in 1909

Just published on the International Forum for Responsible Media (Inforrm) Blogan article by yrstrly on what we can learn from the High Court defamation claims issued in 2020.

I scraped data from the HM Courts & Tribunal Service e-filing system and was able to extract some insights on how the Defamation Act 2013 and recent Court judgments have affected the kinds of claims made.

Libel Justice for Nowy Czas

Nowy Czas is a newspaper that serves the Polish community of London. It is edited by Grzegorz and Teresa Malkiewicz.

Back in 2015 they published an article about a businessman. They discussed his historic business dealings and bankruptcy, and expressed concern at his involvement with two charitable organisations: The POSK cultural centre in Hammersmith, and the Kolbe House Care home in Ealing.

The gentleman in question sued the newspaper for libel, and the case was heard in 2017. Nowy Czas successfully defended the article, using the defences of ‘substantial truth’ (Defamation Act 2013, section 2) and ‘public interest’ (section 4).

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Journalists Under Attack

I’m incredibly busy with a couple of major things at the moment made more difficult by the lockdown.

(No, not A Thousand And One Recaps — that’s ticking along just fine).

As a result of my distractions, have not had time to post about the appalling UK coronavirus death rate, the preposterous lockdown sabotage by Dominic Cummings, the horrific murder of George Floyd in Minneapolis, or the atrocious glorification of violence by Donald Trump that has finally caused Twitter to place warnings next to his Tweets.

My silence on all these issues is not to be taken as due to a lack of opinion, or sufficient emotion about each of them. I just don’t have time.

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What We Talk About When We Talk About Alastair Stewart

Free speech furores now happen on a weekly basis. The latest iteration concerns the ITN newsreader Alastair Stewart, who has stepped down from his duties following some regrettable posts on social media.
At the centre of the controversy is a quote from Shakespeare’s Measure for Measure, which he posted during an argument with activist Martin Shapland. It includes the line “His glassy essence, like an angry ape.” Shapland is black, so the post attracted accusations of racism (comparing black people to apes is an undeniable racist trope).
In that respect, it echoes a controversy last year, when Danny Baker posted a picture of a chimpanzee and likened it to the Duke and Duchess of Sussex’s new baby Archie (who, like his mother, is mixed-race).
The Stewart resignation caused consternation among his fellow journalists. All the comments I saw paid tribute to his career; and many said that the offence taken at his tweets was misplaced.
This was similar to my own, initial reaction. It seemed to me that the outrage was overblown. The Isabella quote from the play talks about humanity in general, rather than describing an individual as monkey-like.
However, reading comments from other people online have made me rethink that position. Those who saw the discussion unfold in real-time say that it was not just a single Shakespeare quote, but a mean-spirited and out-of-character pile-on. And when someone else wryly drew attention to the ‘ape’ slur embedded with the quote, Mr Stewart posted an emoji in response, suggesting he was aware of, and indifferent to, the offence he might cause. Continue reading “What We Talk About When We Talk About Alastair Stewart”