The Defamation Act 2013: Complete & Unabridged

As is my wont, I made a book to illustrate this. Physical objects are useful props in debates like this: immediately illustrative, and useful to hang an argument and peoples’ attention on.

James Bridle is probably best known as the artist who first articulated ‘The New Aesthetic‘, but he has run many projects on books and technology. His project ‘The Iraq War‘ is a favourite of mine – the entire Wikipedia Edit History of the ‘Iraq War’ article, from 2005-2009, which stretches to twelve volumes. He’s also the creator of a Book of Tweets.

James’ projects are the inspiration of one of my own – The Defamation Act 2013: Complete & Unabridged. It collects together, in chronological order, every single parliamentary document published during the passage of the recent reform of our libel law. These include the various versions of the Bill (which I have previously published in a spliced together version, ‘Tracked Changes in the Defamation Bill‘), the parliamentary Hansard transcripts of the debates; and the amendment papers. Continue reading “The Defamation Act 2013: Complete & Unabridged”

Queen Elizabeth II did not approve the #EqualMarriage Bill

The #EqualMarriage timeline on Twitter is full of people praising Queen Elizabeth II for approving the Marriage (Same Sex Couples) Bill.  There is a strong sense of knowing irony steaming off those messages.  I feel that most of the people celebrating the new law think its rather ridiculous that the approval of the Monarch is still required.

What a relief, then, to learn that actually, Queen Elizabeth II did not formally approve the new law.  ‘Royal Assent’ is actually a procedural step in the House of Lords.  The monarch is invoked in the process, but she is not personally involved in the decision.  From the Wikipedia page:

The granting of the Royal Assent … is simply La Reyne le veult (the Queen wills it)

This matters, because we should recognise that this pro-family reform of the law is the work of Parliament and Democracy. It is not a gift to us from the Establishment.  It is not that ‘La Reyne’ or ‘Le Roy’ wills it… but that the people of the United Kingdom have willed it.  That’s important.

Benjamin Cohen, a long-term campaigner for the reform, has the right formulation:

Alan Turing Pardon: Why So Narrow?

The Alan Turing Statutory Pardon Bill has been published on the Houses of Parliament website.

Turing was a mathematician and philosopher who cracked the Nazi Enigma code and invented electronic computing. He was also a homosexual, and was convicted of ‘Gross indecency between men’ in 1952. As a result he lost his security clearance, was subjected to chemical castration, and committed suicide when he was only 42.

This statutory pardon seeks to atone for the Government’s appalling treatment of a national hero.

Nevertheless, the idea of such a narrow pardon worries me a little. The implication seems to be that Turing gets a pardon because he achieved so much. But that should not be how the law and justice works. What about all those under-achievers and ordinary men who were convicted under the same iilliberal and unjust law? Why do they not get a pardon too?

Alan Turing
Alan Turing

Tracked Changes in the Defamation Bill

tracked-changes-first-page

Jubilate!  The Defamation Bill recieved Royal Assent yesterday It is now the Defamation Act 2013.

Watching the legislative process up close has been fascinating.  It fills me with confidence that candidate laws are put to such detailed and rigourous debate.

To give a sense of how a Bill changes as it passes through both Houses of Parliament, I have created a Defamation Bill (Tracked Changes) document.  Download a PDF [223 KB] or a Word Document [49 KB].  It is based on the successive Bills and amendments found on the Houses of Parliament website.  In the document, you can see how some clauses were tweaked, with the alteration of a word here or there.  In other places you can see where whole clauses were added and then removed, as the House of Commons disagreed with the House of Lords. Continue reading “Tracked Changes in the Defamation Bill”

What the hell just happened with the Defamation Bill?

There’s a little bit of confusion over what happened during the Defamation Bill debate in the House of Lords yesterday afternoon, and today in the House of Commons. This is understandable, as the ‘ping-pong’ process is confusing, with ‘motions to agree amendments’… and amendments to those amendments.

The only issue at stake was was hurdles should be placed before companies wishing to sue. The pre-exising law allows corporates to bully critics with libel threats and a legal ‘reputation management’ industry has emerged, with websites and bloggers receiving threats unless they remove critical content. Which?, the consumer magazine that reviews products, often receives a legal threat after they give a product a poor rating!

In an earlier parliamentary debate, Labour succeeded in adding a significant clause to the Defamation Bill. It introduced a permissions stage for companies (you can’t sue without leave of the court) and asked them to show financial loss. It also extended the Derbyshire principle, so private bodies delivering public services could not sue when they are criticised by citizens questioning how taxpayers money is spent. Three measures in one clause.

Continue reading “What the hell just happened with the Defamation Bill?”

The mess under the bonnet of the Houses of Parliament website

Parliament, 17th December 2012
Parliament, 17th December 2012

Excuse me if I go off on a technical rant for a moment.  I find it very irritating when people don’t use HTML mark-up properly.  I can forgive the occasional user, or those relying on WYSIWYG editors, but for large, professionally coded websites, there is no excuse for mark-up which does not apply standards correctly.

What has vexed me so?  The Houses of Parliament website.  In many ways this is a great resource.  They offer video of parliamentary debates, and the Hansard of the previous day’s proceedings is posted promptly the following moring.  However, the underlying mark-up is flawed. Continue reading “The mess under the bonnet of the Houses of Parliament website”