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| | Application of sections [Awards of exemplary damages] to [Awards of costs] |
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| Mr Chancellor of the Exchequer |
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| To move the following Clause:— |
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| | ‘Sections [Awards of exemplary damages] to [Awards of costs] do not apply until |
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| | such time as a body is first recognised as an approved regulator.’. |
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| | Meaning of “relevant publisher” |
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| Mr Chancellor of the Exchequer |
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| To move the following Clause:— |
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| | ‘(1) | In sections [Awards of exemplary damages] to [Awards of costs], “relevant |
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| | publisher” means a person who, in the course of a business (whether or not carried |
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| | on with a view to profit), publishes news-related material— |
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| | (a) | which is written by different authors, and |
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| | (b) | which is to any extent subject to editorial control. |
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| | | This is subject to subsections (5) and (6). |
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| | (2) | News-related material is “subject to editorial control” if there is a person (whether |
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| | or not the publisher of the material) who has editorial or equivalent responsibility |
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| | (a) | the content of the material, |
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| | (b) | how the material is to be presented, and |
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| | (c) | the decision to publish it. |
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| | (3) | A person who is the operator of a website is not to be taken as having editorial or |
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| | equivalent responsibility for the decision to publish any material on the site, or |
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| | for content of the material, if the person did not post the material on the site. |
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| | (4) | The fact that the operator of the website may moderate statements posted on it by |
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| | others does not matter for the purposes of subsection (3). |
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| | (5) | A person is not a “relevant publisher” if the person is specified by name in |
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| | Schedule [Exclusions from definition of “relevant publisher”]. |
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| | (6) | A person is not a “relevant publisher” in so far as the person’s publication of |
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| | news-related material is in a capacity or case of a description specified in |
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| | Schedule [Exclusions from definition of “relevant publisher”].’. |
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| | Other interpretative provisions |
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| Mr Chancellor of the Exchequer |
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| To move the following Clause:— |
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| | ‘(1) | This section applies for the purposes of sections [Awards of exemplary damages] |
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| | to [Meaning of “relevant publisher”]. |
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| | (2) | “Approved regulator” means a body recognised as a regulator of relevant |
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| | (3) | For the purposes of subsection (2), a body is “recognised” as a regulator of |
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| | relevant publishers if it is so recognised by any body established by Royal Charter |
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| | (whether established before or after the coming into force of this section) with the |
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| | purpose of carrying on activities relating to the recognition of independent |
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| | regulators of relevant publishers. |
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| | (4) | “Relevant claim” means a civil claim made in respect of any of the following— |
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| | (c) | breach of confidence; |
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| | (d) | misuse of private information; |
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| | (5) | For the purposes of subsection (4)— |
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| | (a) | the reference to a claim made in respect of the misuse of private |
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| | information does not include a reference to a claim made by virtue of |
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| | section 13 of the Data Protection Act 1998 (damage or distress suffered |
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| | as a result of a contravention of a requirement of that Act); |
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| | (b) | the reference to a claim made in respect of harassment is a reference to a |
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| | claim made under the Protection from Harassment Act 1997. |
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| | (6) | The “material time”, in relation to a relevant claim, is the time of the events giving |
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| | (7) | “News-related material” means— |
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| | (a) | news or information about current affairs, |
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| | (b) | opinion about matters relating to the news or current affairs, or |
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| | (c) | gossip about celebrities, other public figures or other persons in the news. |
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| | (8) | A relevant claim is related to the publication of news-related material if the claim |
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| | (a) | the publication of news-related material, or |
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| | (b) | activities carried on in connection with the publication of such material |
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| | (whether or not the material is in fact published). |
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| | (9) | A reference to the “publication” of material is a reference to publication— |
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| | | and references to a person who “publishes” material are to be read accordingly. |
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| | (10) | A reference to “conduct” includes a reference to omissions; and a reference to a |
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| | person’s conduct includes a reference to a person’s conduct after the events |
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| | giving rise to the claim concerned.’. |
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| Mr Chancellor of the Exchequer |
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| To move the following Schedule:— |
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| | ‘Exclusions from definition of “relevant publisher” |
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| | 1 | The British Broadcasting Corporation. |
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| | 3 | The holder of a licence under the Broadcasting Act 1990 or 1996 who |
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| | publishes news-related material in connection with the broadcasting activities |
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| | authorised under the licence. |
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| | 4 | A person who publishes a title that— |
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| | (a) | relates to a particular pastime, hobby, trade, business, industry or |
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| | (b) | only contains news-related material on an incidental basis that is |
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| | relevant to the main content of the title. |
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| | Scientific or academic journals |
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| | 5 | A person who publishes a scientific or academic journal that only contains |
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| | news-related material on an incidental basis that is relevant to the scientific or |
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| | Public bodies and charities |
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| | 6 (1) | A public body or charity that publishes news-related material in connection |
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| | with the carrying out of its functions. |
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| | (2) | “Public body” means a person or body whose functions are of a public nature. |
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| | Company news publications etc |
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| | 7 | A person who publishes a newsletter, circular or other document which— |
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| | (a) | relates to a business carried on by the person, and |
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| | (b) | only contains news-related material on an incidental basis that is |
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| | relevant to the person’s business. |
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| | 8 (1) | A person who is the publisher of a book. |
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| | (2) | “Book” does not include any title published on a periodic basis with |
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| | substantially different content.’. |
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| Remaining new Clauses and New Schedules relating to press conduct |
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| To move the following Clause:— |
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| | (1) | The court may make an award of exemplary damages in respect of any tort or any |
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| | equitable wrong if it considers it appropriate in all the circumstances of the case. |
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| | (2) | Exemplary damages may be awarded only if they are claimed. |
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| | (3) | Exemplary damges may be awarded only if the court is satisfied that— |
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| | (a) | the defendant’s conduct has shown a deliberate or reckless disregard of |
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| | any outrageous nature for the claimant’s rights; |
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| | (b) | the conduct is such that the court should punish the defendant for it; and |
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| | (c) | other remedies would not be adequate to punish that conduct. |
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| | (4) | Exemplary damages may be awarded whether or not another remedy is granted. |
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| | (5) | The fact that the defendant’s conduct falls outside the following categories is not |
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| | a ground for refusing to award exemplary damages— |
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| | (a) | oppressive, arbitrary or unconstitutional conduct by a servant of the |
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| | (b) | conduct calculated to make a profit which might exceed compensation |
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| | (6) | The civil standard of proof shall apply for the purpose of determining facts |
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| | relevant to the question whether to award exemplary damages. |
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| | (7) | The decision on whether to award exemplary damages, or on the amount of |
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| | exemplary damages, may not be left to a jury. |
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| | (8) | Schedule [Exemplary damages], which makes provision supplementary to this |
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| | section, shall have effect. |
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| | Costs of legal proceedings: publishers |
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| To move the following Clause:— |
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| | ‘(1) | A court determining publication proceedings brought against a regulated |
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| | publisher shall (irrespective of the outcome) not award costs against the regulated |
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| | publisher unless the court is satisfied that— |
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| | (a) | the issues raised by the proceedings could not have been resolved |
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| | satisfactorily in accordance with the procedures of the relevant |
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| | (b) | in all the circumstances, it is just to award costs against the regulated |
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| | (2) | A court determining publication proceedings brought against a non-regulated |
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| | news publisher shall (irrrespective of the outcome) award costs, on an indemnity |
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| | basis or otherwise, against the news publisher unless the court is satisfied that— |
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| | (a) | the news publisher was unable to become regulated for reasons beyond |
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| | (b) | it would have been unreasonable in the circumstances to expect the news |
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| | publisher to have become regulated; |
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| | (c) | the issues raised by the proceedings could not have been resolved |
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| | satisfactorily in accordance with the procedures of any relevant |
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| | (d) | in all the circumstances, it is just to award costs to make a different award |
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| | of costs (or not to award costs). |
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| | (3) | Where a person has entered into a conditional fee agreement or a collective |
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| | conditional fee agreement which provides for a success fee within the meaning of |
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| | section 58(2) of the Courts and Legal Services Act 1990 by which he or she |
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| | receives legal services to pursue or defend publication proceedings then, subject |
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| | to subsection (4), the general rule that the court will order an unsuccessful party |
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| | to pay the costs of a successful party shall not apply. |
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| | (4) | The court may apply the general rule where the court finds— |
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| | (a) | the claim was fraudulent; |
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| | (b) | the claim was so unreasonable that it was or could have been struck out |
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| | on the grounds that it was frivolous, vexatious or an abuse of process; or |
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| | (c) | in respect of a claim for damages, the cost consequences under Part 36 of |
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| | the Civil Procedure Rules apply, save that the proportion of a defendant’s |
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| | costs payable by a claimant within the regime, whether fixed or assessed, |
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| | shall be limited to 10 per cent of the damages awarded to the claimant. |
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| | (5) | Rules of court may reflect or give effect to this section (and may, in particular, |
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| | make transitional provision to address situations where a news publisher |
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| | becomes, or ceases to be, regulated before or after the commencement of legal |
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| | (6) | In this section the following expressions shall be construed in accordance with |
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| | Schedule [Costs and Exemplary Damages: Publication Proceedings: |
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| | “publication proceedings”; |
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| | Royal Charters: requirements for Parliamentary approval |
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| To move the following Clause:— |
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| | ‘Where a body is established by Royal Charter after 18 March 2013 with |
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| | functions relating to the carrying on of an industry, no recommendation may be |
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| | made to Her Majesty in Council to amend the Body’s Charter or dissolve the body |
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| | unless any requirements included in the Charter on the date it is granted for |
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| | Parliament to approve the amendment or dissolution have been met.’. |
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| | Royal Charter of recognition body |
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| To move the following Clause:— |
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| | ‘The Royal Charter of a body established with the purpose of carrying on |
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| | activities relating to the recognition of independent regulators of relevant |
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| | publishers must be in the form set out in the Schedule.’.’. |
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| To move the following Clause:— |
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| | ‘No publisher shall be considered eligible for recognition by an approved |
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| | regulatory body constituted under the terms of a Royal Charter unless a |
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| | ‘conscience clause’ has been incorporated into the employment contracts of all |
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| To move the following Schedule:— |
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| | 9 | This Schedule supplements the provisions of section [Exemplary damages]. |
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| | 10 | In this Schedule the following expressions shall be construed in accordance |
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| | with Schedule [Costs and Exemplary Damages: Publication proceedings: |
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| | “publication proceedings”; |
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| | 11 (1) | This paragraph applies where a court is deciding whether to award exemplary |
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| | (2) | The court must have regard to the principle that exemplary damages must not |
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| | usually be awarded if the defendant has been convicted of an offence involving |
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| | the conduct complained of. |
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| | (3) | Where the defendant is a news publisher which has been found liable in |
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| | publication proceedings, the court must take account of the following— |
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| | (a) | whether membership of a recognised regulator was available to the |
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| | defendant at the time of the events giving rise to the claim; |
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| | (b) | if the defendant was a member at that time, whether the recognised |
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| | regulator has imposed any sanction for the conduct; |
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| | (c) | whether internal compliance procedures of a satisfactory nature were |
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| | in place and, if so, the extent to which they were adhered to. |
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| | (4) | In sub-paragraph (3)(c) “internal compliance procedures” means procedures |
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| | put in place by the defendant for the purposes of ensuring that— |
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| | (a) | material is not obtained, handled or processed by or on behalf of the |
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| | defendant in an inappropriate way (having regard to any code of |
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| | standards to which the defendant was subject as a result of being a |
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| | member of a recognised regulator); and |
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| | (b) | material is not published by the defendant in inappropriate |
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| | circumstances (having regard to any such code). |
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| | (5) | The court may regard deterring the defendant and others from conduct similar |
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| | to the conduct to which the claim relates, as a purpose of punishment. |
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| | (6) | This paragraph does not restrict the court from taking account of any |
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| | circumstances it considers relevant. |
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