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| | | (4) | In determining for the purposes of this section whether substantial financial loss |
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| | | has been incurred, a court shall have regard to the following— |
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| | | (a) | whether there has been, or is likely to be, a substantial loss of custom |
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| | | directly caused by an alleged defamatory statement; |
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| | | (b) | whether the body corporate can prove likelihood of a general turndown |
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| | | in business as a consequence of the alleged defamatory statement, even |
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| | | if it cannot prove the loss of specific customers or contracts; this shall |
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| | | suffice as a form of actual loss, and satisfy the test of substantial financial |
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| | | |
| | | (c) | a fall in share price shall not suffice as the sole grounds to justify the |
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| | | (d) | injury to goodwill or any expense incurred in mitigation of damage to |
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| | | reputation shall not suffice as the sole ground to justify the bringing of a |
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| | | (5) | The test specified in subsection (3) applies solely to bodies corporate, or other |
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| | | non-natural legal persons that are trading for profit, or trade associations |
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| | | representing “for-profit” organisations; it does not extend to charities, non- |
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| | | governmental organisations or other non-profit making bodies.’. |
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| To move the following Clause:— |
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| | | ‘Strict enforcement of the Pre-Action Protocol governing defamation |
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| | | proceedings shall be adhered to, and the following alternatives to court |
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| | | proceedings should first be considered before a party is permitted to commence |
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| | | |
| | | (1) | A presumption that mediation or neutral evaluation will be the default position |
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| | | (2) | In the event that mediation or neutral evaluation is deemed unsuccessful, |
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| | | voluntary arbitration should be sought. |
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| | | (3) | If the claim has not been settled, court determination of key issues will be |
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| | | Publication on matters of public interest |
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| | | To move the following Clause:— |
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| | | ‘(1) | The publication of a statement which is, or forms part of, a statement on a matter |
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| | | of public interest is privileged unless the publication is shown to be made with |
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| | | (2) | In defamation proceedings in respect of a publication under subsection (1) there |
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| | | is no defence under this section if the claimant shows that the defendant— |
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| | | (a) | was requested by him to publish in a suitable manner a reasonable letter |
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| | | or statement by way of explanation or contradiction (the “response”), and |
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| | | (b) | refused or neglected to do so. |
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| | | (3) | For the purpose of subsection (2), “in a suitable manner” means in the same |
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| | | manner as the publication complained of or in a manner that is adequate and |
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| | | reasonable in the circumstances, having particular regard to— |
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| | | (a) | the need for the response to have equal prominence as the publication |
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| | | (b) | the promptness of the publication of the response, and |
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| | | (c) | where appropriate, the extent and promptness of the removal or |
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| | | clarification of, or correction to, the publication complained of. |
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| | | (4) | Nothing in this section shall be construed— |
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| | | (a) | as protecting the publication of matter the publication of which is |
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| | | |
| | | (b) | as limiting (or bridging) any privilege subsisting apart from this section.’. |
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| | |
| | | Order of the House [12 JUNE 2012] |
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| | | That the following provisions shall apply to the Defamation Bill— |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 26 June 2012. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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