Defamation Bill

Page 3, line 21, leave out “a website” and insert “an electronic platform”

Page 3, line 22, after “defence” insert “to an action for damages for defamation”

Page 3, line 22, after “operator” insert “or anyone associated with the operator”

Page 3, line 23, at end insert—

“( ) This defence is valid whether or not the operator moderated the statement, or made or suggested alterations to the statement.”

Page 3, line 25, after “not” insert “reasonably”

Page 3, line 25, after “identify” insert “, with the assistance of the operator,”

Page 3, line 30, at end insert—

“(3A) Where a complaint is received by an operator under subsection (3), the operator must publish on their website a notice of complaint alongside the relevant statement and, if the operator fails to do so within seven days of notice of the complaint, the operator will only be entitled to rely on the standard defences available to a primary publisher, if sued for defamation.”

Page 3, line 42, at end insert—

“(e) make provision to require website operators to set up and publicise a designated email address to receive notices of complaint;

(f) require authors to release their identities to website operators and complainants”

Page 4, line 2, at end insert “and unlawful”

Page 4, line 3, leave out “was” and insert “is”

Page 4, line 4, at end insert—

“(e) sets out the complainant’s explanation as to—

(i) why it is defamatory of the complainant thus setting out any defamatory allegation about which complaint is made;

(ii) which facts in the statement concerned are inaccurate or untrue and therefore setting out the complainant’s explanation of the true position;

(iii) whether any opinion expressed is unsupportable and, if so, setting out why that is said to be the case; and

(iv) why the statement has caused or is likely to cause serious harm to the reputation of the complainant;

(f) may make provision for a procedure whereby a complainant can obtain from the court a declaration that his notice of complaint under subsection (3)(b) has met the requirements of this subsection.”

Page 4, line 8, leave out from “section” to “House” in line 9 and insert “may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each”

Page 4, line 12, at end insert—

“( ) The defence under this section is defeated by malice or bad faith by or on behalf of the operator of a website.”

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

Insert the following new Clause—

“Unattributed website content

The Secretary of State shall publish guidance for the operators of websites designed to ensure that unattributed material is not published on any website.”

Page 4, line 14, after “journal” insert “or on a website edited and controlled by a chartered professional or learned body (a “recognised website”)”

Page 4, line 18, after “journal” insert “or on the recognised website”

Page 4, line 25, after “journal” insert “or on the recognised website”

Page 4, line 29, at end insert—

“(c) the assessment was written by one or more persons with expertise in the scientific or academic matter concerned and was approved by the editor of the journal.”

Page 4, line 29, at end insert—

“(c) the assessment was written by one or more persons with expertise in the scientific or academic matter concerned and was approved by the editor of the journal or recognised website.”

Page 4, line 39, after “(3)(a)” insert “and (4)(c)”

Page 4, line 39, after “journal” insert “or recognised website”

Page 4, line 40, after “journal” insert “or recognised website”

Page 5, line 14, at end insert—

“( ) After paragraph 8 insert—

“8A Communication between a Member of Parliament and any constituent.””

Page 5, line 23, after “includes” insert “local government and”

Page 6, line 6, at end insert “ or its auditors”

Page 6, line 13, leave out subsection (9)

Page 6, line 27, at end insert—

“( ) After paragraph 15 insert—

“15A (1) A peer reviewed article.

(2) Fair and accurate copies and reports of material in an archive where the limitation period for an action against the original publisher of the material has expired.””

Insert the following new Clause—

“Reports etc of certain Parliamentary matters protected by absolute privilege

(1) The following are absolutely privileged—

(a) a fair and accurate report of proceedings in Parliament;

(b) a fair and accurate report of anything published by or on the authority of Parliament; and

(c) a fair and accurate copy of, extract from or summary of anything published by or on the authority of Parliament.

(2) The court must stay any proceedings where the defendant shows that—

(a) the proceedings relate to the publication of anything that falls within paragraph (a), (b) or (c) of subsection (1); or

(b) the proceedings seek to prevent or postpone the making of any such publication.

(3) This section also has effect in relation to the Welsh Assembly and the Northern Ireland Assembly (and any reference to Parliament is to be read as a reference to the Assembly in question).

(4) The Parliamentary Papers Act 1840 is repealed.”

Insert the following new Clause—

“Evidence concerning proceedings in Parliament

(1) In this section “the relevant protection”, in relation to the proceedings of either House of Parliament, means the protection of any enactment or rule of law which prevents proceedings in Parliament being impeached or questioned in any court or place out of Parliament.

(2) The Speaker of either House of Parliament may, in accordance with Standing Orders of that House, by notice in writing waive the application of the relevant protection to such proceedings in an action for defamation as are specified in that notice.

(3) Where the relevant protection is waived in relation to any proceedings in an action for defamation—

(a) that protection is not to apply to prevent evidence being given, questions being asked or statements, submissions, comments or findings being made in those proceedings; and

(b) none of those things is to be regarded as infringing the privilege of either House of Parliament.

(4) Nothing in this section affects any enactment or rule of law so far as it protects a person from legal liability for words spoken or things done in the course of, or for the purposes of or incidental to, any proceedings in Parliament.

(5) Without prejudice to the generality of subsection (4), that subsection applies to—

(a) the giving of evidence before either House or a committee;

(b) the presentation or submission of a document to either House or a committee;

(c) the preparation of a document for the purposes of or incidental to the transacting of any such business;

(d) the formulation, making or publication of a document, including a report, by or pursuant to an order of either House or a committee; and

(e) any communication with the Parliamentary Commissioner for Standards or any person having functions in connection with the registration of members’ interests.

In this subsection “a committee” means a committee of either House or a joint committee of both Houses of Parliament.

(6) Section 13 of the Defamation Act 1996 is repealed.”

Page 7, line 3, leave out from “if” to end of line 6 and insert—

“(a) a statement is published to the public (“the first publication”); and

(b) there is subsequently published (whether or not to the public) that statement or a statement which is substantially the same.”

Page 7, line 4, after “public” insert “or to a section of the public”

Page 7, line 5, after “public” insert “or to a section of the public”

Page 7, leave out lines 7 and 8

Page 7, line 20, at end insert—

“(c) the comparative quality and credibility of the source of the subsequent publication, compared with the first publication.”

Page 7, line 20, at end insert—

“(5A) Publication shall not be deemed to be materially different merely by virtue of—

(a) the publication, as part of a regular series of publications, without charge on the internet of academic or scientific journals which required payment to access when originally published; or

(b) the creation of an archive accessible on the internet.”

Page 7, line 29, at end insert—

“( ) A person domiciled in England or Wales may bring an action for defamation in respect of publication by a person to whom subsection (1) below applies provided that they can demonstrate that such publication has caused them serious and substantial harm.”

Page 7, line 38, leave out “clearly”

[Withdrawn]

Insert the following new Clause—

“Action against an individual domiciled in the UK

(1) This section applies to an action for defamation against a person who is domiciled in the United Kingdom.

(2) The organisation or individual bringing the action, in addition to satisfying the court of serious harm, must also provide evidence of funds in the UK to meet any costs arising from an unsuccessful action.”

Page 8, line 24, at end insert “damages for”

Page 8, line 26, leave out from “court” to end of line 28 and insert—

“(a) is satisfied that it is not reasonably practicable for an action to be brought against the author, editor or publisher;

(b) there is a prima facie case that the statement complained of is defamatory; and

(c) is satisfied that such person did not know that the statement was defamatory until a claim to that effect was made and did not reasonably believe that there was a good defence to any action brought upon it.”

Page 8, line 30, at end insert—

“(3) Nothing in this section shall prevent a court from granting any injunction or order requiring a person to cease publishing a defamatory statement.”

Page 8, line 38, at end insert—

“( ) A court may only order a trial without jury in a case involving a senior figure in public life and when that person’s credibility is at stake.”

Insert the following new Clause—

“Civil Procedure Rule Committee Guidance

The Secretary of State shall publish guidance for the Civil Procedure Rule Committees proposing procedural reforms in the case of defamation proceedings.”

Insert the following new Clause—

“Reporting to Parliament

The Secretary of State shall report to Parliament annually on the codification of this Act; and in particular on its impact on accessibility and clarity of the law.”