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

 

Parliamentary Star    

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.


 
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Revised 19 March 2013