House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

1043

House of Commons

Monday 18 March 2013

Consideration of Bill

New Amendments handed in are marked thus

Crime and Courts Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Crime and Courts

Bill [Lords] (Programme) (No. 3) Motion to be proposed by The Prime Minister.

New Clauses and New Schedules standing in the name of the Prime Minister

and relating to press conduct

Awards of exemplary damages

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC21

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)
Exemplary damages may not be awarded against the defendant in respect of the

claim if the defendant was a member of an approved regulator at the material

time.

(3)
Where the court is not prevented from making an award of exemplary damages

by subsection (2), the court—

(a)
may make an award of exemplary damages if it considers it appropriate

to do so in all the circumstances of the case, but

(b)
may do so only under this section.

(4)
Exemplary damages may be awarded under this section only if they are claimed.

Consideration of Bill: 18 March 2013
1044

Crime and Courts Bill-[Lords], continued

(5)
Exemplary damages may be awarded under this section only if the court is

satisfied that—

(a)
the defendant’s conduct has shown a deliberate or reckless disregard of

an outrageous nature for the claimant’s rights,

(b)
the conduct is such that the court should punish the defendant for it, and

(c)
other remedies would not be adequate to punish that conduct.

(6)
Exemplary damages may be awarded under this section whether or not another

remedy is granted.

(7)
The decision on the question of—

(a)
whether exemplary damages are to be awarded under this section, or

(b)
the amount of such damages,


must not be left to a jury.’.

Relevant considerations

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC22

To move the following Clause:—

‘(1)
This section applies where the court is deciding whether the circumstances of the

case make it appropriate for exemplary damages to be awarded under section

[Awards of exemplary damages].

(2)
The court must have regard to the principle that exemplary damages must not

usually be awarded if, at any time before the decision comes to be made, the

defendant has been convicted of an offence involving the conduct complained of.

(3)
The court must take account of the following—

(a)
whether membership of an approved regulator was available to the

defendant at the material time;

(b)
if such membership was available, the reasons for the defendant not

being a member;

(c)
so far as relevant in the case of the conduct complained of, whether

internal compliance procedures of a satisfactory nature were in place and,

if so, the extent to which they were adhered to in that case.

(4)
The reference in subsection (3)(c) to “internal compliance procedures” being in

place is a reference to any procedures put in place by the defendant for the

purpose of ensuring that—

(a)
material is not obtained by or on behalf of the defendant in an

inappropriate way, and

(b)
material is not published by the defendant in inappropriate

circumstances.

(5)
The court may regard deterring the defendant and others from similar conduct as

an object of punishment.

Consideration of Bill: 18 March 2013
1045

Crime and Courts Bill-[Lords], continued

(6)
This section is not to be read as limiting the power of the court to take account of

any other matters it considers relevant to its decision.’.

Amount of exemplary damages

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC23

To move the following Clause:—

‘(1)
This section applies where the court decides to award exemplary damages under

section [Awards of exemplary damages].

(2)
The court must have regard to these principles in determining the amount of

exemplary damages—

(a)
the amount must not be more than the minimum needed to punish the

defendant for the conduct complained of;

(b)
the amount must be proportionate to the seriousness of the conduct.

(3)
The court must take account of these matters in determining the amount of

exemplary damages—

(a)
the nature and extent of any loss or harm caused, or intended to be caused,

by the defendant’s conduct;

(b)
the nature and extent of any benefit the defendant derived or intended to

derive from such conduct.

(4)
The court may regard deterring the defendant and others from similar conduct as

an object of punishment.

(5)
This section is not to be read as limiting the power of the court to take account of

any other matters it considers relevant to its decision.’.

Multiple claimants

The Prime Minister

Secretary Theresa May

Secretary William Hague

Mr Chancellor of the Exchequer

Secretary Chris Grayling

Secretary Maria Miller

NC24

To move the following Clause:—

‘(1)
This section applies where a relevant publisher—

(a)
is a defendant to a relevant claim, and

Consideration of Bill: 18 March 2013
1046

Crime and Courts Bill-[Lords], continued

(b)
is found liable to two or more persons in respect of the claim (“the

persons affected”).

(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—

Consideration of Bill: 18 March 2013
1047

Crime and Courts Bill-[Lords], continued

(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—

(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.

Consideration of Bill: 18 March 2013
1048

Crime and Courts Bill-[Lords], continued

(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.’.

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.

Consideration of Bill: 18 March 2013
1049

Crime and Courts Bill-[Lords], continued

(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”].’.

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.



© Parliamentary copyright	Revised 18 March 2013