Legislative Scrutiny: Defamation Bill Seventh Report of Session 2012-13 Report, Together with Formal Minutes and Written Evidence
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Legislative Scrutiny: Defamation Bill Seventh Report of Session 2012-13 Report, Together with Formal Minutes and Written Evidence

Legislative Scrutiny: Defamation Bill Seventh Report of Session 2012-13 Report, Together with Formal Minutes and Written Evidence


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About the Book

One of the Defamation Bill's main provisions is the introduction of a statutory defence for responsible publication in the public interest, which would put in place a checklist of factors for consideration by the court. The Committee considers the proposed defence to be inflexible and suggests an alternative formulation which would use a test of reasonable belief that the publication was in the public interest, that it believes will provide greater clarity and flexibility. The Committee is also concerned that another proposed defence for website operators - available where they do not author content and either facilitate contact with the author or remove material where they cannot establish contact - could create a 'chilling effect' for material online. It recommends that the threshold for such material be raised from defamatory to unlawful to protect against that threat.The Committee also: calls for the Government to provide reassurance that those publishing defamatory material will be properly protected by the proposed clause establishing a single publication rule - if it cannot, the Committee encourages the Government to explore an alternative defence of non-culpable republication; recommends that the Bill be amended to ensure that corporate claimants can sue only where there is substantial financial loss incurred; and welcomes the Government's work with the Civil Justice Council to consider the legal aid regime in the area, but stresses the need for a solution to ensure that all persons, regardless of financial means, can access justice in defamation proceedings


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Product Details
  • ISBN-13: 9780108493898
  • Publisher: Stationery Office Books (TSO)
  • Publisher Imprint: Stationery Office Books (TSO)
  • Height: 292 mm
  • No of Pages: 34
  • Series Title: 0
  • Sub Title: House of Lords Papers 84 2012-13
  • Width: 203 mm
  • ISBN-10: 010849389X
  • Publisher Date: 12 Dec 2012
  • Binding: Paperback
  • Language: English
  • Returnable: Y
  • Spine Width: 15 mm
  • Weight: 299 gr


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Legislative Scrutiny: Defamation Bill Seventh Report of Session 2012-13 Report, Together with Formal Minutes and Written Evidence
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Legislative Scrutiny: Defamation Bill Seventh Report of Session 2012-13 Report, Together with Formal Minutes and Written Evidence
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