Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 21 June 2012                     

42

 

Defamation Bill, continued

 
 

(2)    

In the event that mediation or neutral evaluation is deemed unsuccessful,

 

voluntary arbitration should be sought.

 

(3)    

If the claim has not been settled, court determination of key issues will be

 

permitted.’.

 


 

Publication on matters of public interest

 

Robert Flello

 

NC6

 

To move the following Clause:—

 

‘(1)    

The publication of a statement which is, or forms part of, a statement on a matter

 

of public interest is privileged unless the publication is shown to be made with

 

malice.

 

(2)    

In defamation proceedings in respect of a publication under subsection (1) there

 

is no defence under this section if the claimant shows that the defendant—

 

(a)    

was requested by him to publish in a suitable manner a reasonable letter

 

or statement by way of explanation or contradiction (the “response”), and

 

(b)    

refused or neglected to do so.

 

(3)    

For the purpose of subsection (2), “in a suitable manner” means in the same

 

manner as the publication complained of or in a manner that is adequate and

 

reasonable in the circumstances, having particular regard to—

 

(a)    

the need for the response to have equal prominence as the publication

 

complained of,

 

(b)    

the promptness of the publication of the response, and

 

(c)    

where appropriate, the extent and promptness of the removal or

 

clarification of, or correction to, the publication complained of.

 

(4)    

Nothing in this section shall be construed—

 

(a)    

as protecting the publication of matter the publication of which is

 

prohibited by law, or

 

(b)    

as limiting (or bridging) any privilege subsisting apart from this section.’.

 


 

Corporations

 

Robert Flello

 

NC7

 

To move the following Clause:—

 

‘(1)    

A non-natural person will only have an action in defamation if they can show—

 

(a)    

that the publication was published with malice; or

 

(b)    

that they have suffered actual or likely financial harm.’.

 



 
 

Public Bill Committee: 21 June 2012                     

43

 

Defamation Bill, continued

 
 

Strike-out procedure

 

Robert Flello

 

NC8

 

To move the following Clause:—

 

‘(1)    

The court must strike-out an action for defamation unless the claimant shows

 

that—

 

(a)    

its publication has caused or is likely to cause serious harm to the

 

reputation of the claimant; and

 

(b)    

there has been a real and substantial tort in the jurisdiction.

 

(2)    

For the purposes of subsection 1(b), no real and substantial tort is to be regarded

 

as having occurred in relation to the claimant unless the publication in the

 

jurisdiction can reasonably be regarded as having caused serious harm to the

 

claimant’s reputation having regard to the extent of publication elsewhere.

 

(3)    

Subsection (1) does not apply if, in exceptional circumstances, the court is

 

satisfied that it would be in the interests of justice not to strike out the action.

 

(4)    

A order under subsection (1) may be made by the court of its own motion or on

 

an application by any party to the action.

 

(5)    

Subsection (1) does not limit any power to strike-out proceedings which is

 

exercisable apart from this section.’.

 


 

Removal of allegedly defamatory material

 

Helen Goodman

 

NC9

 

To move the following Clause:—

 

‘The removal of allegedly defamatory material from a website and the publication

 

of apologies and corrections shall not prevent a claimant from bringing an action

 

for defamation.’.

 

 

Order of the House [12 JUNE 2012]

 

That the following provisions shall apply to the Defamation Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 26 June 2012.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the


 
 

Public Bill Committee: 21 June 2012                     

44

 

Defamation Bill, continued

 
 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [19 JUNE 2012]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

19 June) meet—

 

(a)  

at 4.00 pm on Tuesday 19 June;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 21 June;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 26 June;

 

(2)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 pm on Tuesday 26 June.

 


 
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