English PEN, a charity that promotes the human rights of writers and publishers, and Index on Censorship, a body that promotes freedom of expression, spent a year investigating English libel laws. Their joint report, Free Speech Is Not For Sale, was published today.
They say that England's libel law "was designed to serve the rich and powerful and does not reflect the interests of a modern democratic society." They have proposed 10 changes to current laws that they want the Government to introduce in a Libel Bill.
The authors say that the chief remedy in libel should be an apology, not financial reward.
"English libel law is more about making money than saving a reputation," says the report. "The courts should take the financial incentive out of libel law by capping damages at £10,000. If a claimant wishes to demand more then they would need to prove material damage such as loss of earnings."
The report also says that the definition of 'publication' is no longer fit for the internet age. "Each newspaper sold or website hit currently constitutes a new libel - the so-called multiple publication rule – a principle that renders online newspaper archives uniquely vulnerable to libel actions," says the report. That rule – known as the Duke of Brunswick rule – is the subject of a Government consultation that closes on 16th December.
The Ministry of Justice said it would "carefully consider" today's recommendations, according to the BBC.
These have been reproduced from the report.
