The Law Society welcomes the Defamation Bill. The bill, which is the product of an extended process of consultation, will strike a better balance between the protection of reputation and freedom of speech. However, while the majority of the bill's provisions will lead to a clearer, more proportionate defamation regime, the Society has serious concerns regarding one key proposal.
This briefing sets out the Law Society's position on the bill. It covers the following:
- The 'serious harm' requirement – The Society is seriously concerned that this provision will, by placing an overwhelming burden on the defendant, deter many less financially able people from bringing meritorious claims.
- Codification of existing defences – The Society welcomes codification which will help to increase the clarity and certainty of the law.
- Single publication rule – The Society welcomes this necessary modernisation measure.
- Trial by jury – The Society supports the reversal of the presumption of trial by jury, which will reduce costs and assist early resolution while retaining jury trial where justice requires it.
- Early resolution procedure – The Society is disappointed that no reference is made in the Bill to an early resolution procedure.