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)
Read more about this topic: Censorship In The United Kingdom
Famous quotes containing the words libel and/or law:
“Nor do they trust their tongue alone,
But speak a language of their own;
Can read a nod, a shrug, a look,
Far better than a printed book;
Convey a libel in a frown,
And wink a reputation down.”
—Jonathan Swift (16671745)
“The most absurd apology for authority and law is that they serve to diminish crime. Aside from the fact that the State is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.”
—Emma Goldman (18691940)