Censorship in The United Kingdom - Libel Law

Libel Law

England and Wales have relatively strict libel laws ("defamation" in Scotland) in that they are often considered pro plaintiff with the defendant asked to prove that they did not commit libel. Compensation awards for libel are also unlimited, in contrast to those for personal injury. Further controversy surrounds the libel laws with regard to costs. Whilst costs can be awarded the ability both to bring and to defend libel cases is often considered to be restricted to the wealthy. Conversely it is possible to initiate a "no win – no fee" case against a wealthy individual or organisation if the individual bringing the case has insignificant assets as even if the case is lost the wealthy individual or organisation are unable to recover their costs. Typically in such cases an out of court settlement is forced upon the wealthy individual or organisation.

A recent example is the case of Simon Singh's lawsuit, where author and journalist Simon Singh was sued by the British Chiropractic Association for criticism of chiropractic therapy which rested on a summary of recent scientific research. Singh has been able to pursue a legal defence because of his earnings from four bestsellers.

In another case the UK based academic publisher Equinox was forced to remove a peer reviewed academic article from its publication International Journal of Speech Language and the Law. The article "charlatanry in forensic speech science" was a metastudy of lie detector research and came to the conclusion that lie detectors don't work. The Israeli manufacturer of lie detectors Nemesysco forced the publisher to remove the already published article from the online databases and the journal was also forced to publish an apology in a later issue.

On 15 March 2011, a "Draft Defamation Bill" (CP3/11) was published by the Ministry of Justice with an accompanying "consultation paper containing provisions for reforming the law to strike the right balance between protection of freedom of speech and protection of reputation." (Close date: 10 June 2011)

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