House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14 March 2013
1020

Crime and Courts Bill-[Lords], continued

(2)
In deciding whether to award exemplary damages under section [Awards of

exemplary damages] or the amount of such damages to award (whether to one or

more of the persons affected), the court must take account of any settlement or

compromise by any persons of a claim in respect of the conduct.

(3)
But the court may take account of any such settlement or compromise only if the

defendant agrees.

(4)
If the court awards exemplary damages under section [Awards of exemplary

damages] to two or more of the persons affected, the total amount awarded must

be such that it does not punish the defendant excessively.

(5)
If the court awards exemplary damages under section [Awards of exemplary

damages] to one or more of the persons affected, no later claim may be made for

exemplary damages as regards the conduct.’.

Multiple defendants

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC25

To move the following Clause:—

‘(1)
Any liability of two or more persons for exemplary damages awarded under

section [Awards of exemplary damages] is several (and not joint or joint and

several).

(2)
Subsection (1) has effect subject to the law relating to the liability of a partner for

the conduct of another partner.

(3)
Where the liability of two or more persons for exemplary damages is several, no

contribution in respect of the damages may be recovered by any of them under

section 1 of the Civil Liability (Contribution) Act 1978.’.

Awards of aggravated damages

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC26

To move the following Clause:—

‘(1)
This section applies where—

(a)
a relevant claim is made against a person (“the defendant”),

(b)
the defendant was a relevant publisher at the material time,

(c)
the claim is related to the publication of news-related material, and

(d)
the defendant is found liable in respect of the claim.

(2)
Aggravated damages may be awarded against the defendant only to compensate

for mental distress and not for purposes of punishment.

(3)
In this section, “aggravated damages” means damages that were commonly called

aggravated before the passing of this Act and which—

Notices of Amendments: 14 March 2013
1021

Crime and Courts Bill-[Lords], continued

(a)
are awarded against a person in respect of the person’s motive or

exceptional conduct, but

(b)
are not exemplary damages or restitutionary damages.

(4)
Nothing in this section is to be read as implying that, in cases where this section

does not apply, aggravated damages may be awarded for purposes of

punishment.’.

Awards of costs

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC27

To move the following Clause:—

‘(1)
This section applies where—

(a)
a relevant claim is made against a person (“the defendant”),

(b)
the defendant was a relevant publisher at the material time, and

(c)
the claim is related to the publication of news-related material.

(2)
The court may take account of these matters in deciding any question relating to

an award of costs in the proceedings—

(a)
if membership of an approved regulator was available to the defendant at

the time when the claim was commenced, whether the defendant was a

member at that time;

(b)
if the defendant was a member at that time, whether a party to the

proceedings refused to make use of an arbitration scheme of the approved

regulator;

(c)
if the defendant was not a member at that time, the reasons for the

defendant not being a member.

(3)
For the purposes of subsection (2)(b), a party refuses to make use of an arbitration

scheme of an approved regulator if—

(a)
at the time when the claim was commenced, the approved regulator had

arrangements in place for an arbitration scheme under which the claim

could have been referred for determination by an arbitrator appointed

under the scheme, but

(b)
the party refused to agree to the claim being so referred.

(4)
If the court takes account of the matter mentioned in subsection (2)(b), the court

must give the party concerned an opportunity to be heard about the reasons for

the refusal.

(5)
This section is not to be read as limiting any power to make rules of court.’.

Notices of Amendments: 14 March 2013
1022

Crime and Courts Bill-[Lords], continued

Application of sections [Awards of exemplary damages] to [Awards of costs]

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC28

To move the following Clause:—

‘Sections [Awards of exemplary damages] to [Awards of costs] do not apply until

such time as a body is first recognised as an approved regulator.’.

Meaning of “relevant publisher”

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC29

To move the following Clause:—

‘(1)
In sections [Awards of exemplary damages] to [Awards of costs], “relevant

publisher” means a person who, in the course of a business (whether or not carried

on with a view to profit), publishes news-related material—

(a)
which is written by different authors, and

(b)
which is to any extent subject to editorial control.


This is subject to subsections (5) and (6).

(2)
News-related material is “subject to editorial control” if there is a person (whether

or not the publisher of the material) who has editorial or equivalent responsibility

for—

(a)
the content of the material,

(b)
how the material is to be presented, and

(c)
the decision to publish it.

(3)
A person who is the operator of a website is not to be taken as having editorial or

equivalent responsibility for the decision to publish any material on the site, or

for content of the material, if the person did not post the material on the site.

(4)
The fact that the operator of the website may moderate statements posted on it by

others does not matter for the purposes of subsection (3).

(5)
A person is not a “relevant publisher” if the person is specified by name in

Schedule [Exclusions from definition of “relevant publisher”].

(6)
A person is not a “relevant publisher” in so far as the person’s publication of

news-related material is in a capacity or case of a description specified in

Schedule [Exclusions from definition of “relevant publisher”].’.

Notices of Amendments: 14 March 2013
1023

Crime and Courts Bill-[Lords], continued

Other interpretative provisions

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC30

To move the following Clause:—

‘(1)
This section applies for the purposes of sections [Awards of exemplary damages]

to [Meaning of “relevant publisher”].

(2)
“Approved regulator” means a body recognised as a regulator of relevant

publishers.

(3)
For the purposes of subsection (2), a body is “recognised” as a regulator of

relevant publishers if it is so recognised by any body established by Royal Charter

(whether established before or after the coming into force of this section) with the

purpose of carrying on activities relating to the recognition of independent

regulators of relevant publishers.

(4)
“Relevant claim” means a civil claim made in respect of any of the following—

(a)
libel;

(b)
slander;

(c)
breach of confidence;

(d)
misuse of private information;

(e)
malicious falsehood;

(f)
harassment.

(5)
For the purposes of subsection (4)—

(a)
the reference to a claim made in respect of the misuse of private

information does not include a reference to a claim made by virtue of

section 13 of the Data Protection Act 1998 (damage or distress suffered

as a result of a contravention of a requirement of that Act);

(b)
the reference to a claim made in respect of harassment is a reference to a

claim made under the Protection from Harassment Act 1997.

(6)
The “material time”, in relation to a relevant claim, is the time of the events giving

rise to the claim.

(7)
“News-related material” means—

(a)
news or information about current affairs,

(b)
opinion about matters relating to the news or current affairs, or

(c)
gossip about celebrities, other public figures or other persons in the news.

(8)
A relevant claim is related to the publication of news-related material if the claim

results from—

(a)
the publication of news-related material, or

(b)
activities carried on in connection with the publication of such material

(whether or not the material is in fact published).

(9)
A reference to the “publication” of material is a reference to publication—

(a)
on a website,

(b)
in hard copy, or

(c)
by any other means;


and references to a person who “publishes” material are to be read accordingly.

Notices of Amendments: 14 March 2013
1024

Crime and Courts Bill-[Lords], continued

(10)
A reference to “conduct” includes a reference to omissions; and a reference to a

person’s conduct includes a reference to a person’s conduct after the events

giving rise to the claim concerned.’.

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

121

Page  49,  line  17  [Clause  46],  at end insert—

‘( )
An order under subsection (2) may not be made so as to bring into force any of

sections [Awards of exemplary damages] to [Awards of costs] before the coming

into force of section [Application of sections [Awards of exemplary damages] to

[Awards of costs]].’.

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

122

Page  49,  line  37  [Clause  46],  at end insert—

‘( )
sections [Awards of exemplary damages] to [Other interpretative

provisions];’.

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NS5

To move the following Schedule:—

‘Exclusions from definition of “relevant publisher”

Broadcasters

1
The British Broadcasting Corporation.

2
Sianel Pedwar Cymru.

3
The holder of a licence under the Broadcasting Act 1990 or 1996 who

publishes news-related material in connection with the broadcasting activities

authorised under the licence.

Special interest titles

4
A person who publishes a title that—

(a)
relates to a particular pastime, hobby, trade, business, industry or

profession, and

(b)
only contains news-related material on an incidental basis that is

relevant to the main content of the title.

Notices of Amendments: 14 March 2013
1025

Crime and Courts Bill-[Lords], continued

Scientific or academic journals

5
A person who publishes a scientific or academic journal that only contains

news-related material on an incidental basis that is relevant to the scientific or

academic content.

Public bodies and charities

6    (1)
A public body or charity that publishes news-related material in connection

with the carrying out of its functions.

      (2)
“Public body” means a person or body whose functions are of a public nature.

Company news publications etc

7
A person who publishes a newsletter, circular or other document which—

(a)
relates to a business carried on by the person, and

(b)
only contains news-related material on an incidental basis that is

relevant to the person’s business.

Book publishers

8    (1)
A person who is the publisher of a book.

      (2)
“Book” does not include any title published on a periodic basis with

substantially different content.’.

Simon Hughes

Ian Paisley

Mr Ben Bradshaw

Mr Elfyn Llwyd

NS4

To move the following Schedule:—

‘Costs and Exemplary Damages: Publication Proceedings: Regulation

Part 1

Introduction

Interpretation: “the media”, “news publisher” etc

1    (1)
In this Schedule “the media” means—

(a)
media organisations; and

(b)
servants and agents of media organisations in the performance of

functions relating to the activities of those organisations.

      (2)
In this Schedule “media organisations” means organisations which—

(a)
make broadcasts within the meaning of section 95(1) of the Wireless

Telegraphy Act 2006;

(b)
publish, for circulation anywhere in England or Wales, a newspaper,

magazine or periodical (or online content associated with a

newspaper, magazine or periodical), a substantial proportion of which

consists of news of, or opinion and discussion about, current affairs;

(c)
in the course of a business, publish content on a website, a substantial

proportion of which consists of news of, or opinion and discussion

about, current affairs in England and Wales.

Notices of Amendments: 14 March 2013
1026

Crime and Courts Bill-[Lords], continued

      (3)
In this Schedule “news publishers” means media organisations referred to in

sub-paragraph (2)(b) and (c).

      (4)
In this Schedule “publication proceedings” means proceedings for—

(a)
defamation;

(b)
malicious falsehood;

(c)
misuse of private information;

(d)
invasion of privacy;

(e)
breach of confidence;

(f)
harassment under the Prevention from Harassment Act 1997; and

(g)
breach of statutory duty under the Data Protection Act 1998 against a

news publisher.

      (5)
In this Schedule “regulated publisher” means a news publisher which

subscribes to a recognised regulator.

      (6)
In this Schedule a reference to “conduct” includes a reference to omissions;

and a reference to a person’s conduct can include a reference to a person’s

conduct after the events giving rise to a claim.

Part 2

Regulation

Recognition

2    (1)
In this Schedule “recognised regulator” means a body which—

(a)
in the opinion of the Recognition Commission is established as a

voluntary regulatory body for the purposes of those sections; and

(b)
is certified by the Recognition Commission for the purpose of this

subsection.

      (2)
The Recognition Commission shall be established in accordance with the

provisions of Part 3.

      (3)
In deciding whether to certify a body the Recognition Commission must

consider, in particular, whether the body—

(a)
has sufficient guarantees of independence, including suitable

independent, fair and transparent procedures for appointments and

funding;

(b)
has suitable functions, powers, personnel and resources to ensure that

it can fulfil is principal objectives effectively;

(c)
has an appropriately prepared standards code;

(d)
has effective processes for upholding standards;

(e)
has an efficient procedure for handling complaints;

(f)
has an effective and accessible arbitration service; and

(g)
includes subscribers which are clearly in separate ownership.

      (4)
The Recognition Commission may not certify a body unless satisfied that it

complies with the minimum requirements specified in Part 4.

      (5)
The Recognition Commission must review each recognised regulator—

(a)
at least once during the period of two years beginning with the date of

certification; and

(b)
at intervals of not more than three years after that.

      (6)
The Recognition Commission must also review a recognised regulator if in the

Commission’s opinion there has been, or may have been, a significant change

in the structure, processes, independence, fairness or effectiveness of the

recognised regulator.



© Parliamentary copyright	Revised 15 March 2013