Public interest defence against libel proposed, but campaigners call for more radical action

Reform campaigners have said that proposals should go further, though. The Libel Reform Campaign said that the public interest defence should be stronger and that corporations should not be allowed to sue for libel.

The Ministry of Justice (MoJ) has published a draft Defamation Bill which proposes that "a statement must have caused, or is likely to cause, substantial harm in order for it to be defamatory", according to a MoJ statement.

The statement said that the Bill includes: "a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); [and] a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment)".

"The Government's draft Defamation Bill will ensure that anyone who makes a statement of fact or expresses an honest opinion can do so with confidence," said Justice Secretary Kenneth Clarke. "However it is never acceptable to harm someone's reputation without just cause, so the Bill will ensure defamation law continues to balance the needs of both sides and encourage a just outcome in libel cases."

All the major political parties promised libel reform in the run up to last year's general election and a consensus emerged between them that UK libel law was too protective of reputations and too welcoming of 'libel tourism', where claims were made in UK courts on the basis of a publication on the internet of a piece that originated elsewhere or involved people with little connection to the UK.

"The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society," said Clarke. "In recent years though, the increased threat of costly libel actions has begun to have a chilling effect on scientific and academic debate, and investigative journalism."

The Libel Reform Campaign, an umbrella organisation incorporating campaign groups on censorship, science and writing, said that reforms did not go far enough.

"The Libel Reform Campaign welcomes the Government’s draft Defamation Bill as a good step in the right direction – but Parliament needs to go further in key areas," said a statement from the group.

It said that it still wanted stronger protections against libel tourism and "radical restrictions on the ability of corporations to sue in libel to protect their reputations". It also said it wanted more protection for web hosts against threats of libel suits for material they host.