Defamation Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

[Supplementary to the Second Marshalled List]

Clause 7

LORD BROWNE OF LADYTON

BARONESS HAYTER OF KENTISH TOWN

 

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

Clause 8

LORD BROWNE OF LADYTON

BARONESS HAYTER OF KENTISH TOWN

 

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 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.”

After Clause 9

LORD SINGH OF WIMBLEDON

[In substitution for Amendment 50]

 

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.”

Clause 10

LORD BROWNE OF LADYTON

BARONESS HAYTER OF KENTISH TOWN

 

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.”

Prepared 11th January 2013