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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as HL Bill 41—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord McNally has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Defamation Bill are compatible with the Convention
rights.

Contents

  1. Requirement of serious harm

    1. 1. Serious harm

  2. Arbitration service

    1. 2. Arbitration service for defamation and related civil claims against members
      of Independent Regulatory Board

  3. Non-natural persons

    1. 3. Non-natural persons

  4. Defences

    1. 4. Truth

    2. 5. Honest opinion

    3. 6. Publication on matter of public interest

    4. 7. Operators of websites

    5. 8. Peer-reviewed statement in scientific or academic journal etc

    6. 9. Reports etc protected by privilege

  5. Single publication rule

    1. 10. Single publication rule

  6. Jurisdiction

    1. 11. Action against a person not domiciled in the UK or a Member State etc

    2. 12. Action against a person who was not the author, editor etc

  7. Trial by jury

    1. 13. Trial to be without a jury unless the court orders otherwise

  8. Summary of court judgment

    1. 14. Power of court to order a summary of its judgment to be published

  9. Removal, etc of statements

    1. 15. Order to remove statement or cease distribution etc

  10. Slander

    1. 16. Special damage

  11. General provisions

    1. 17. Meaning of “publish” and “statement”

    2. 18. Consequential amendments and savings etc

    3. 19. Short title, extent and commencement

    1. Schedule 1

      Recognition Commission

    2. Schedule 2

      Specialist arbitration service

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