Defamation Bill [HL]

House of Commons

Session 2010 - 11
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Defamation Bill [HL]

Defamation Bill [HL]
Schedule 2 — Minor and Consequential Amendments
Parliamentary Papers Act 1840 —
15

      (3)
An order under this paragraph is to be made by statutory instrument which
is subject to annulment in pursuance of a resolution of either House of
Parliament.
Schedule 2
Section 18

Minor and Consequential Amendments
5
Parliamentary Papers Act 1840
1
The Parliamentary Papers Act 1840 ceases to have effect.
Defamation Act 1952
2
The Defamation Act 1952 is amended in accordance with paragraphs 3 to 5.
3
Omit section 5 (justification).
10
4
Omit section 6 (fair comment).
5
Omit section 9(1) (extension of certain defences to broadcasting).
Rehabilitation of Offenders Act 1974
6
In section 8(6) of the Rehabilitation of Offenders Act 1974 (defamation
actions: reports of court proceedings), for “section 14 of the Defamation Act
15
1996” substitute “section 6 of the Defamation Act 2010”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I.27))
7
In Article 9(6) of the Rehabilitation of Offenders (Northern Ireland) Order
1978 (defamation actions: reports of court proceedings), for “section 14 of the
Defamation Act 1996” substitute “section 6 of the Defamation Act 2010”.
20
Limitation Act 1980
8
For section 4A of the Limitation Act 1980 (time limit for actions for
defamation or malicious falsehood) substitute—
“4A
Time limit for actions for defamation or malicious falsehood
(1)
The time limit under section 2 of this Act shall not apply to an action
25
for—
(a)
libel or slander, or
(b)
slander of title, slander of goods or other malicious falsehood,
but no such action shall be brought after the expiration of one year
from the date on which the cause of action accrued.
30
(2)
In any case to which section 10 of the Defamation Act 2010 (multiple
publications) applies, the date on which a cause of action in libel or
slander shall be treated as having accrued is the date of first
publication referred to in that section.”.
9
For section 32A of the Limitation Act 1980 (discretionary exclusion of time
35

Defamation Bill [HL]
Schedule 2 — Minor and Consequential Amendments
Parliamentary Papers Act 1840 —
16

limit for actions for defamation or malicious falsehood) substitute—
“32A
Discretionary exclusion of time limit for actions for defamation or
malicious falsehood
(1)
If it appears to the court that it would be in the interests of justice to
allow an action to proceed notwithstanding that the period of
5
limitation has expired, the court may direct that section 4A(1) shall
not apply to the action or shall not apply to any specified cause of
action to which the action relates.
(2)
In acting under this section the court shall have regard to all the
circumstances of the case and in particular to—
10
(a)
the length of, and the reasons for, any delay in bringing the
action;
(b)
where the reason or one of the reasons for delay was that all
or any of the facts relevant to the cause of action did not
become known to the claimant until after the end of the
15
period mentioned in section 4A(1)—
(i)
the date on which any such facts did become known
to the claimant, and
(ii)
the extent to which the claimant acted promptly and
reasonably once the claimant knew whether or not
20
the facts in question might be capable of giving rise to
an action;
(c)
the extent to which, having regard to the delay, relevant
evidence is likely—
(i)
to be unavailable, or
25
(ii)
to be less cogent than if the action had been brought
within the period mentioned in section 4A(1); and
(d)
in relation only to an action that falls within section 4A(2)—
(i)
any material change of circumstances since the date of
first publication, and
30
(ii)
whether the defendant, has without sufficient cause,
refused or neglected to comply with any reasonable
request by the claimant to remove or correct any
inaccuracy in the publication or to publish in a
suitable manner a reasonable letter or statement by
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way of explanation or contradiction.
(3)
In the case of an action for slander of title, slander of goods or other
malicious falsehood brought by a personal representative—
(a)
the references in subsection (2) to the claimant shall be
construed as including the deceased person to whom the
40
cause of action accrued and any previous personal
representative of that person; and
(b)
nothing in section 28(3) of this Act shall be construed as
affecting the court’s discretion under this section.
(4)
In this section “the court” means the court in which the action has
45
been brought.”.

Defamation Bill [HL]
Schedule 3 — Repeals
—
17

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I.11))
10
The Limitation (Northern Ireland) Order 1989 is amended in accordance
with paragraphs 11 and 12.
11
In article 6 (time limit: certain actions founded on tort) after paragraph (2)
insert—
5
“(2A)
In any case to which section 10 of the Defamation Act 2010 (multiple
publications) applies, the date on which a cause of action in libel or
slander shall be treated as having accrued is the date of first
publication referred to in that section.”.
12
In article 51 (court’s power to override time limit: actions for defamation or
10
malicious falsehood), at the end of paragraph (2)(c) insert “and
(d)
in relation only to an action that falls within article 6(2A)—
(i)
any material change of circumstances since the date of
first publication, and
(ii)
whether the defendant, has without sufficient cause,
15
refused or neglected to comply with any reasonable
request by the claimant to remove or correct any
inaccuracy in the publication or to publish in a
suitable manner a reasonable letter or statement by
way of explanation or contradiction.”.
20
Defamation Act 1996
13
In the Defamation Act 1996, omit the following provisions—
(a)
section 1 (responsibility for publication);
(b)
section 13 (evidence concerning proceedings in Parliament);
(c)
section 14 (reports of court proceedings absolutely privileged);
25
(d)
section 15 (reports etc protected by qualified privilege);
(e)
Schedule 1 (qualified privilege).
Schedule 3
Section 19

Repeals

Short title and chapter
Extent of repeal

30

Parliamentary Papers Act 1840
The whole Act.

Sections 5 and 6.

Section 9(1).

Senior Courts Act 1981
The words “libel, slander”.

Broadcasting Act 1990
Paragraph 1 of Schedule 20.

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Defamation Act 1996
Section 1.

Sections 13 to 15.

Schedule 1.