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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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| | | |
| | To move the following Clause:— |
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| | | ‘(1) | A non-natural person will only have an action in defamation if they can show— |
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| | | (a) | that the publication was published with malice; or |
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| | | (b) | that they have suffered actual or likely financial harm.’. |
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| | | |
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| | | |
| | To move the following Clause:— |
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| | | ‘(1) | The court must strike-out an action for defamation unless the claimant shows |
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| | | |
| | | (a) | its publication has caused or is likely to cause serious harm to the |
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| | | reputation of the claimant; and |
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| | | (b) | there has been a real and substantial tort in the jurisdiction. |
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| | | (2) | For the purposes of subsection 1(b), no real and substantial tort is to be regarded |
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| | | as having occurred in relation to the claimant unless the publication in the |
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| | | jurisdiction can reasonably be regarded as having caused serious harm to the |
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| | | claimant’s reputation having regard to the extent of publication elsewhere. |
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| | | (3) | Subsection (1) does not apply if, in exceptional circumstances, the court is |
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| | | satisfied that it would be in the interests of justice not to strike out the action. |
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| | | (4) | A order under subsection (1) may be made by the court of its own motion or on |
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| | | an application by any party to the action. |
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| | | (5) | Subsection (1) does not limit any power to strike-out proceedings which is |
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| | | exercisable apart from this section.’. |
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| | |
| | | Removal of allegedly defamatory material |
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| | To move the following Clause:— |
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| | | ‘The removal of allegedly defamatory material from a website and the publication |
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| | | of apologies and corrections shall not prevent a claimant from bringing an action |
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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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| | |
| | | Order of the Committee [19 JUNE 2012] |
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| | | |
| | | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | | |
| | | (a) | at 4.00 pm on Tuesday 19 June; |
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| | | (b) | at 9.00 am and 1.00 pm on Thursday 21 June; |
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| | | (c) | at 10.30 am and 4.00 pm on Tuesday 26 June; |
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| | | (2) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | | conclusion at 7.00 pm on Tuesday 26 June. |
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