House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 18 March 2013
312

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

Not moved  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

Agreed to  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”].’.

Report Stage Proceedings: 18 March 2013
313

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

Agreed to  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.

Report Stage Proceedings: 18 March 2013
314

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

Agreed to  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.

      (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.

Report Stage Proceedings: 18 March 2013
315

Crime and Courts Bill–[Lords], continued

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

Not selected  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.

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

section, shall have effect.

Report Stage Proceedings: 18 March 2013
316

Crime and Courts Bill–[Lords], continued

Costs of legal proceedings: publishers

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Caroline Lucas

Mark Durkan

Not selected  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

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”;

Report Stage Proceedings: 18 March 2013
317

Crime and Courts Bill–[Lords], continued

“regulated publisher”.’.

Royal Charters: requirements for Parliamentary approval

Simon Hughes

Edward Miliband

Ms Harriet Harman

Not selected  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

Naomi Long

Not selected  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.’.’.

Conscience clause

John McDonnell

Not selected  NC33


To move the following Clause:—

‘No publisher shall be considered eligible for recognition by an approved

regulatory body constituted under the terms of a Royal Charter unless a

Report Stage Proceedings: 18 March 2013
318

Crime and Courts Bill–[Lords], continued

‘conscience clause’ has been incorporated into the employment contracts of all

journalistic staff.’.

Simon Hughes

Mr Ben Bradshaw

Ian Paisley

Mr Elfyn Llwyd

Caroline Lucas

Mark Durkan

Not selected  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.



© Parliamentary copyright	Revised 19 March 2013