House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 18 March 2013
1050

Crime and Courts Bill-[Lords], continued

(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.

(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

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.

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.

Consideration of Bill: 18 March 2013
1051

Crime and Courts Bill-[Lords], continued

      (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.’.

Remaining new Clauses and New Schedules relating to press conduct

Exemplary damages

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Mark Durkan

Caroline Lucas

NC19

To move the following Clause:—

‘Damages and costs

(1)
The court may make an award of exemplary damages in respect of any tort or any

equitable wrong if it considers it appropriate in all the circumstances of the case.

(2)
Exemplary damages may be awarded only if they are claimed.

(3)
Exemplary damges may be awarded only if the court is satisfied that—

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

any 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.

(4)
Exemplary damages may be awarded whether or not another remedy is granted.

(5)
The fact that the defendant’s conduct falls outside the following categories is not

a ground for refusing to award exemplary damages—

(a)
oppressive, arbitrary or unconstitutional conduct by a servant of the

government; and

(b)
conduct calculated to make a profit which might exceed compensation

payable to the claimant.

(6)
The civil standard of proof shall apply for the purpose of determining facts

relevant to the question whether to award exemplary damages.

(7)
The decision on whether to award exemplary damages, or on the amount of

exemplary damages, may not be left to a jury.

Consideration of Bill: 18 March 2013
1052

Crime and Courts Bill-[Lords], continued

(8)
Schedule [Exemplary damages], which makes provision supplementary to this

section, shall have effect.

Costs of legal proceedings: publishers

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Caroline Lucas

Mark Durkan

NC20

To move the following Clause:—

‘(1)
A court determining publication proceedings brought against a regulated

publisher shall (irrespective of the outcome) not award costs against the regulated

publisher unless the court is satisfied that—

(a)
the issues raised by the proceedings could not have been resolved

satisfactorily in accordance with the procedures of the relevant

recognised regulator, or

(b)
in all the circumstances, it is just to award costs against the regulated

publisher.

(2)
A court determining publication proceedings brought against a non-regulated

news publisher shall (irrrespective of the outcome) award costs, on an indemnity

basis or otherwise, against the news publisher unless the court is satisfied that—

(a)
the news publisher was unable to become regulated for reasons beyond

its control;

(b)
it would have been unreasonable in the circumstances to expect the news

publisher to have become regulated;

(c)
the issues raised by the proceedings could not have been resolved

satisfactorily in accordance with the procedures of any relevant

recognised regulator; or

(d)
in all the circumstances, it is just to award costs to make a different award

of costs (or not to award costs).

(3)
Where a person has entered into a conditional fee agreement or a collective

conditional fee agreement which provides for a success fee within the meaning of

section 58(2) of the Courts and Legal Services Act 1990 by which he or she

receives legal services to pursue or defend publication proceedings then, subject

to subsection (4), the general rule that the court will order an unsuccessful party

to pay the costs of a successful party shall not apply.

(4)
The court may apply the general rule where the court finds—

(a)
the claim was fraudulent;

(b)
the claim was so unreasonable that it was or could have been struck out

on the grounds that it was frivolous, vexatious or an abuse of process; or

(c)
in respect of a claim for damages, the cost consequences under Part 36 of

the Civil Procedure Rules apply, save that the proportion of a defendant’s

costs payable by a claimant within the regime, whether fixed or assessed,

shall be limited to 10 per cent of the damages awarded to the claimant.

(5)
Rules of court may reflect or give effect to this section (and may, in particular,

make transitional provision to address situations where a news publisher

Consideration of Bill: 18 March 2013
1053

Crime and Courts Bill-[Lords], continued

becomes, or ceases to be, regulated before or after the commencement of legal

proceedings).

(6)
In this section the following expressions shall be construed in accordance with

Schedule [Costs and Exemplary Damages: Publication Proceedings:

Regulation]—

“publication proceedings”;

“news publisher”;

“regulated publisher”.’.

Royal Charters: requirements for Parliamentary approval

Simon Hughes

Edward Miliband

Ms Harriet Harman

NC31

To move the following Clause:—

‘Where a body is established by Royal Charter after 18 March 2013 with

functions relating to the carrying on of an industry, no recommendation may be

made to Her Majesty in Council to amend the Body’s Charter or dissolve the body

unless any requirements included in the Charter on the date it is granted for

Parliament to approve the amendment or dissolution have been met.’.

Royal Charter of recognition body

Simon Hughes

Edward Miliband

Ms Harriet Harman

Mr Elfyn Llwyd

Mark Durkan

Caroline Lucas

Total signatories: 7

Naomi Long

NC32

To move the following Clause:—

‘The Royal Charter of a body established with the purpose of carrying on

activities relating to the recognition of independent regulators of relevant

publishers must be in the form set out in the Schedule.’.’.

Consideration of Bill: 18 March 2013
1054

Crime and Courts Bill-[Lords], continued

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Caroline Lucas

Mark Durkan

NS3

To move the following Schedule:—

‘Exemplary Damages

Introductory

9
This Schedule supplements the provisions of section [Exemplary damages].

10
In this Schedule the following expressions shall be construed in accordance

with Schedule [Costs and Exemplary Damages: Publication proceedings:

Regulation]—

“publication proceedings”;

“news publisher”;

“regulated publisher”.

Relevant considerations

11  (1)
This paragraph applies where a court is deciding whether to award exemplary

damages.

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

usually be awarded if the defendant has been convicted of an offence involving

the conduct complained of.

      (3)
Where the defendant is a news publisher which has been found liable in

publication proceedings, the court must take account of the following—

(a)
whether membership of a recognised regulator was available to the

defendant at the time of the events giving rise to the claim;

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

regulator has imposed any sanction for the conduct;

(c)
whether internal compliance procedures of a satisfactory nature were

in place and, if so, the extent to which they were adhered to.

      (4)
In sub-paragraph (3)(c) “internal compliance procedures” means procedures

put in place by the defendant for the purposes of ensuring that—

(a)
material is not obtained, handled or processed by or on behalf of the

defendant in an inappropriate way (having regard to any code of

standards to which the defendant was subject as a result of being a

member of a recognised regulator); and

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

circumstances (having regard to any such code).

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

to the conduct to which the claim relates, as a purpose of punishment.

      (6)
This paragraph does not restrict the court from taking account of any

circumstances it considers relevant.

Amount of exemplary damages

12  (1)
This paragraph applies where the court decides to award exemplary damages

under section [Exemplary damages].

Consideration of Bill: 18 March 2013
1055

Crime and Courts Bill-[Lords], continued

      (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; and

(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 state of mind of the defendant (or of persons acting on behalf of the

defendant);

(b)
the nature of the rights infringed by the defendant;

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

caused, by the defendants conduct;

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

to derive.

      (4)
The court may regard to the importance of deterring the defendant and others

from similar conduct.

Taking account of defendant’s means

13  (1)
If the court decides to award exemplary damages it must indicate the amount

it has in mind to award irrespective of the defendant’s means.

      (2)
If the defendant shows that the defendant does not have the means to discharge

an award of that amount without undue hardship, the court must take account

of the defendant’s means in deciding the amount of exemplary damages.

      (3)
If an amount awarded as exemplary damages would have been more but for

subsection (2) the award must specify what the amount awarded would have

been but for that subsection.

      (4)
The defendant’s means include anything falling to be paid under a contract of

insurance against the risk of an award of exemplary damages.

Multiple claimants

14  (1)
This paragraph applies where a defendant is found liable to two or more

persons in respect of a claim.

      (2)
In deciding whether to award exemplary damages, or in deciding the amount

of exemplary damages (whether to one or more of the persons affected), the

court must, if the defendant consents, take account of any settlement or

compromise by any persons of a claim in respect of the conduct to which the

claim relates.

      (3)
If the court awards exemplary damages to two or more of the persons affected,

the total amount awarded must not punish the defendant excessively.

      (4)
If the court awards exmplary damages to any of the persons affected, no later

claim may be made for exemplary damages as regards the conduct to which the

claim relates.

Multiple defendants

15  (1)
Liability of two or more persons for exemplary damages is several (and not

joint or joint and several).

      (2)
Sub-paragraph (1) has effect subject to the law relating to—

(a)
vicarious liability;

(b)
the liability of a partner for the conduct of another partner.

Consideration of Bill: 18 March 2013
1056

Crime and Courts Bill-[Lords], continued

      (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.

Vicarious liability

16  (1)
A person may be vicariously liable to pay exemplary damages in respect of

another’s conduct.

      (2)
Where a person would be vicariously liable to pay exemplary damages

awarded against a defendant, references to the defendant in this Schedule are

to the other person.

      (3)
If the court decides to award exemplary damages and a person is vicariously

liable to pay them in respect of another’s conduct, references to the “defendant

and his means” in section 78L reads “means of the person vicariously liable or

the person in respect of whose conduct he is vicariously liable”.

Awards of aggravated damages

17  (1)
This paragraph applies where—

(a)
a relevant publisher is a defendant to a relevant claim;

(b)
the conduct complained of arose out of activities carried on for the

purposes of, or in connection with, the publication of any material

(whether or not the material was in fact published), and

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

      (2)
Aggravated damages (meaning damages awarded in respect of a defendant’s

motive or exceptional conduct, not being exemplary or restitutionary damages)

may be awarded only to compensate for mental distress and not for purposes

of punishment (irrespective of whether they otherwise could be awarded for

the purposes of punishment).’.

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Caroline Lucas

Mark Durkan

NS4

To move the following Schedule:—

‘Costs and Exemplary Damages: Publication Proceedings: Regulation

Part 1

Introduction

Interpretation: “the media”, “news publisher” etc
5
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—



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