Urging #LibelReform in Scottish Legal News

Earlier this week I spoke to journalist Kapil Summan on behalf of English PEN and the Libel Reform Campaign, on the issue of reforming the UK defamation laws.
The Defamation Act 2013, you will recall, reformed the law in England & Wales.  But MSPs at Holyrood and MLAs at Stormont have yet to legislate for their jurisdictions.
I extemporised on why reform in required in both places! Kapil wrote up two versions of the interview, for Scottish Legal News and Irish Legal News
Key message:

The fact the Defamation Act seems to be working as Parliament intended is precisely what we were after so we’re going into this … with confidence that the Defamation Act is a very strong blueprint for reform in other jurisdictions.

"A looming democratic deficit"?

The folk at the brilliant OurKingdom blog commissioned a piece from me on the next steps for Libel Reform.  The crucial issue:

During the Parliamentary debates, the Government flatly rejected proposals to extend the Derbyshire principle to private companies spending taxpayers money. British citizens are therefore confronted with a looming democratic deficit. As private companies take over the running of prisons, waste collection, school dinners, care homes, and large swathes of the NHS, the space to criticise them is squeezed. By leaving the Derbyshire principle to the courts to develop further, the Government have introduced an unwelcome ambiguity into our public discourse, especially at the local level. It will be left to citizens to closely monitor how the big subcontractors behave in this area. Any hint that these corporations are stifling public criticism through use of the libel law must be met with a public outcry.

Read the whole article, What next for libel reform?, on the OurKingdom blog.

Murder vs Terrorism

As politicians from all sides condemn the brutal killings in Northern Ireland, one word seems conspicuously absent from their comments: terrorism.  Gordon Brown seemed particularly careful to label the perpetrators “murderers”.
I am reminded of a Matthew Parris column from two-and-a-half years ago, comparing the British Government’s approach to violence in Northern Ireland, and the radical Islamist threat:

Let’s treat the plotters as common criminals, not soldiers in a global war

It is clear why this distinction is made.  Labelling the attacks “murders” suggests that these are isolated incidents, divorced from ideology.  Meanwhile “terrorism” would point to a Second Troubles.  No-one but the Real IRA wants that.  If/when we fall victim to another Islamist terror attack, it will be interesting to note what language the Government uses then, especially now that the “War on Terror” has fallen out of vogue.