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Category: libel tourism

The impact of the UK’s libel amendments on Irish law

28 May, 201016 November, 2015
| 4 Comments
| Defamation, Defamation Act 2009, Freedom of Expression, libel tourism, Libel tourism

Reform of the UK’s libel laws could have interesting consequences for Irish law. A cartoon from a story in this week’s Economist sets the scene:


Cartoon from the Economist, via their blog

A few extracts from the article accompanying the above cartoon:

Improving a reputation

England’s strict libel laws face a shake-up

Selling legal services to people in other countries is a lucrative business for Britain, but where the libel industry is concerned the trade is increasingly unwelcome. Foreigners can sue each other in English courts, even when publication has been almost wholly elsewhere. .. For foreigners and locals alike, mounting a defence is costly and tricky. …

The fear of libel suits may chill academic debate (big medical companies have sued several scientists for criticising their products). Outfits campaigning against beastly regimes abroad say they have had to defang their reports because of the threat of litigation.

Many want the law to be fairer, simpler, quicker and cheaper. … Anthony Lester QC … submitted a private member’s bill which would make most of the important changes that reformers have been seeking. One would replace the flimsy “fair comment” defence (which easily gets tied up in questions of fact) with a new one of “honest opinion”. … A second change would replace the “responsible publication” defence, which puts more weight on procedure than substance, with one of “public interest”.

…

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Thawing the libel chill?

24 May, 201022 June, 2010
| 2 Comments
| Defamation, Defamation Act 2009, libel tourism

Science Gallery logoOn Thursday evening, from 6:30pm to 8:00pm, the Science Gallery in TCD will host what promises to be a fascinating event on the chilling impact of the law of libel on scientific debate:

Libel Chill with Simon Singh and Peter Wilmshurst

Libel reform has become increasingly relevant in scientific research and journalism in the UK and Ireland, as highlighted in recent times by the high profile case of Simon Singh. Libel laws have been accused of intimidating journalists, scientists and publishers into silence for fear of legal persecution. The effect has been dubbed “libel chill” and the Libel Reform Campaign argues ‘Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.’

Master of ceremonies for the evening will be Myles Dungan, and speakers will include Simon Singh, who successfully defended a two year libel battle with the British Chiropractic Association, and his lawyer Robert Dougans. Cardiologist Peter Wilmshurst who is currently being sued for libel in the biggest ongoing medical libel case, and his lawyer Mark Lewis, will also speak at the event.…

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Libel tourism, online defamation and multiple publication

22 September, 200916 November, 2015
| 3 Comments
| Defamation, libel tourism, Libel tourism, Multiple publication

In the UK, the Ministry for Justice has just begun a consultation process seeking views on the “multiple publication rule” at common law under which each publication of defamatory material can form the basis of a new defamation claim, and in particular on the effects of this rule in relation to online archives. If this rule is reformed, then a major plank of the libel tourism phenomenon, by which London has become the libel capital of the Western world and home to libel actions that have little to do with its jurisdiction, will quite properly have been removed (see BBC | ComputerWorld | Greenslade | Guardian | Index on Censorship Free Speech blog | Information Overlord | OUT.law | Slaw | TechWatch | Times Online).

The multiple publication rule was established in Duke of Brunswick v Harmer (1849) 14 QB 185 (already discussed on this blog), reaffirmed in Loutchansky v Times Newspapers [2002] QB 783, [2001] EWCA Civ 1805 (05 December 2001), and upheld by the European Court of Human Rights (ECHR) in Times Newspapers Ltd (Nos 1 and 2) v the United Kingdom Applications 3002/03 and 23676/03, [2009] ECHR 451 (10 March 2009).…

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Death of a libel tourist

14 September, 200916 November, 2015
| No Comments
| Defamation, libel tourism

Cover of 'Funding Evil' by Rachel Ehrenfeld via WikipediaThe letters’ page of the Irish Times as often features well-crafted prose and well-argued cases as it does pithily funny remarks and occasionally insane arguments. In any event, a letter often serves either to remind me of an article I had not properly considered, or to bring to my attention a piece I had simply overlooked at the time. There is a letter in today’s Irish Times which serves the latter function, referring to a piece last week which I had missed:

‘Libel tourism’ and free speech

Madam, – As the only American author who stood up to Khalid bin Mahfouz’s campaign to silence American writers and publishers, I would like to note that the Saudi billionaire did not win his many libel lawsuits in the UK on merit, as your newspaper strongly suggests (World News, September 8th). He won because in addition to his unlimited financial resources, he used the plaintiff-friendly British libel laws to intimidate most into submission.

Mr Mahfouz frequently used archaic British libel laws that allow “libel tourism,” as a weapon to silence American publishers and writers in print and on the internet. His passing does not end the threat of libel tourism.

…

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FoE in the EHRLR

8 August, 200916 November, 2015
| 3 Comments
| Blasphemy, Censorship, criminal libel, Defamation, ECHR, EU media policy, Freedom of Expression, Human Rights, Legal Journals and Law Reviews, libel tourism, Sedition

EHRLR cover, via ECHR BlogThe current issue of the European Human Rights Law Review ([2009] 3 EHRLR | table of contents (pdf) | hat tip ECHR blog) contains a wonderful piece by my colleague Dr Ewa Komorek entitled “Is Media Pluralism a Human Right? The European Court of Human Rights, the Council of Europe and the Issue of Media Pluralism” [2009] 3 EHRLR 395.

Here is the abstract (with added links):

The need for pluralist media stopped being purely a national concern a long time ago and thus it has for decades been subject to scrutiny by the Council of Europe and the European Court of Human Rights. Media pluralism has always come to their agenda as a prerequisite for freedom of expression guarded by Article 10 of the European Convention of Human Rights. It is important to distinguish the two ‘faces’ of media pluralism: internal (which may also be called content pluralism or diversity) and external (or structural). This article focuses on television broadcasting and argues that while the Court of Human Rights has essentially been successful in safeguarding internal pluralism, the protection of structural pluralism proved more difficult to achieve by means of the Court’s case law. This prompted the Council of Europe to step in and attempt to fill the gap with regulatory proposals.

…

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The disjointed progress of the Defamation Bill, 2006

25 September, 200816 November, 2015
| 1 Comment
| Defamation, Defamation Bill 2006, Irish Law, Libel tourism

As the Dáil resumed yesterday, last week’s post on libel tourism has prompted me to pick up the story of the tortuous progress of the Defamation Bill, 2006 through the Houses of the Oireachtas [the Houses of Parliament]. When we left it on this blog, it had just scraped the through the Seanad [the Senate, the Upper House of Parliament] on the second time of asking; thereafter, it had a brief consideration in the Dáil [functionally equivalent to a House of Commons, the Lower House of Parliament] before the Summer recess halted its progress once more. This post, and the next few, will consider these stages of its progress, just in time to wait (and – probably – wait and wait) for further developments in the new Dáil session.

The Defamation Bill in the Seanad
The Defamation Bill, 2006 was introduced into the Seanad on 7 July 2006, and thereby began a long and winding road to enactment, a destination it has not yet reached. …

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Libel Tourists – Is Ireland selling what they’re buying?

17 September, 200816 November, 2015
| 2 Comments
| Defamation, libel tourism

UN HRC logoIn July, the UN Human Rights Committee, as part of its triennial review of member states’ compliance with human rights norms, criticised the UK’s record on freedom of expression (CCPR/C/GBR/CO/6) in the following terms:

25. The Committee is concerned that the State party’s practical application of the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as “libel tourism.” The advent of the internet and the international distribution of foreign media also create the danger that a State party’s unduly restrictive libel law will affect freedom of expression worldwide on matters of valid public interest …

The State party should re-examine its technical doctrines of libel law, and consider the utility of a so-called “public figure” exception, requiring proof by the plaintiff of actual malice in order to go forward on actions concerning reporting on public officials and prominent public figures, …

(The report is on this page, scroll down to the UK section, click on the E in the right-most column; the UN server won’t accept a deeper link, unfortunately.)

Reports and reactions: Amnesty | Blogzilla | Guardian here and here | Independent here and here | Jurist | Media Law Prof Blog | Press Gazette | Telegraph here and here | Scotsman.…

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Libel Tourism – Two Footnotes

30 November, 200716 November, 2015
| 2 Comments
| Defamation, libel tourism, Libel tourism

Further to my earlier post on libel tourism, I’ve recently come across two interesting footnotes.

First, there is a rather pointed short film, called The Libel Tourist, about Rachel Ehrenfeld’s legal travails with Saudi billionaire Khalid bin Mahfouz here and here (YouTube) (hat tip: the always excellent Critical Mass; also Overlawyered and Reason).

Second, Mahfouz’s own website proudly proclaims:

Ireland

Q: Do the family have Irish citizenship?

A: In 1990, Khalid Bin Mahfouz availed himself of the opportunity under the laws of the Republic of Ireland to obtain Irish citizenship for himself and other members of his family.

Yikes!…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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