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Defamation Act coming into force!!
Just a reminder that the new Defamation Act kicks in at Midnight.......
--> http://www.bbc.co.uk/news/uk-25551640
The bold red part above is the most important element - so remember to read AAD's stance on the new Act here --> http://forums.all-about-debt.co.uk/s...ation-Act-2013
--> http://www.bbc.co.uk/news/uk-25551640
New libel laws aimed at giving better protection to people expressing their opinions are to come into force in England and Wales.
Claimants will have to show they have suffered "serious harm" before suing, under the Defamation Act 2013.
The changes - coming in on 1 January - will also address "libel tourism".
The government said the law would reverse the "chilling effect" current libel laws have had on freedom of expression and legitimate debate.
Journalists, scientists and academics have faced unfair legal threats for fairly criticising a company, person or product in the past, the Ministry of Justice said.
Clive Coleman
Legal correspondent, BBC News
So, will the new Act bring significant change?
In many respects it is an exercise in codifying, simplifying and giving statutory force to existing law. For instance, courts had already started to dismiss "libel tourism" cases and jury trials had all but vanished in defamation cases. The power to achieve these things are now put into the Act.
However, the Act will affect the balance between free speech and the right to protect reputation. For instance, it will be more difficult for companies to sue for libel as they now have to show they have suffered or are likely to suffer serious harm because of a defamatory statement, and they will only be able to do that if they can show they have suffered or are likely to suffer serious financial harm. That makes it tougher for them to go after journalists or scientists who write about their products and services.
There is also more protection from libel for those running websites if they can show they are not the authors of defamatory posts and assist in identifying those who are.
It said the Act, in force from Wednesday, would provide "clearer, better protection for people publicly expressing opinions", while campaigners said it was "good news for free speech" but urged Northern Ireland to follow suit.
Claimants will have to show they have suffered "serious harm" before suing, under the Defamation Act 2013.
The changes - coming in on 1 January - will also address "libel tourism".
The government said the law would reverse the "chilling effect" current libel laws have had on freedom of expression and legitimate debate.
Journalists, scientists and academics have faced unfair legal threats for fairly criticising a company, person or product in the past, the Ministry of Justice said.
Clive Coleman
Legal correspondent, BBC News
So, will the new Act bring significant change?
In many respects it is an exercise in codifying, simplifying and giving statutory force to existing law. For instance, courts had already started to dismiss "libel tourism" cases and jury trials had all but vanished in defamation cases. The power to achieve these things are now put into the Act.
However, the Act will affect the balance between free speech and the right to protect reputation. For instance, it will be more difficult for companies to sue for libel as they now have to show they have suffered or are likely to suffer serious harm because of a defamatory statement, and they will only be able to do that if they can show they have suffered or are likely to suffer serious financial harm. That makes it tougher for them to go after journalists or scientists who write about their products and services.
There is also more protection from libel for those running websites if they can show they are not the authors of defamatory posts and assist in identifying those who are.
It said the Act, in force from Wednesday, would provide "clearer, better protection for people publicly expressing opinions", while campaigners said it was "good news for free speech" but urged Northern Ireland to follow suit.
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