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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 5—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Kenneth Clarke has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Defamation Bill are compatible with the Convention
rights.

Contents

  1. Requirement of serious harm

    1. 1. Serious harm

  2. Defences

    1. 2. Truth

    2. 3. Honest opinion

    3. 4. Responsible publication on matter of public interest

    4. 5. Operators of websites

    5. 6. Peer-reviewed statement in scientific or academic journal etc

    6. 7. Reports etc protected by privilege

  3. Single publication rule

    1. 8. Single publication rule

  4. Jurisdiction

    1. 9. Action against a person not domiciled in the UK or a Member State etc

    2. 10. Action against a person who was not the author, editor etc

  5. Trial by jury

    1. 11. Trial to be without a jury unless the court orders otherwise

  6. Summary of court judgment

    1. 12. Power of court to order a summary of its judgment to be published

  7. Slander

    1. 13. Special damage

  8. General provisions

    1. 14. Meaning of “publish” and “statement”

    2. 15. Consequential amendments and savings etc

    3. 16. Short title, commencement and extent

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