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Call for radical reform of libel law

Libel law in Britain needs radical reform and should include a “public figure” defence, according to a new report by the United Nations Committee on Human Rights.

The call comes in the committee’s concluding observations in a report submitted by the UK to the International Covenant on Civil and Political Rights following its 93rd session in Geneva, Media Lawyer reports.

The committee warns practical application of the law “has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work”.

The committee says the UK Government should re-examine the technical doctrines of libel law and should consider introducing a ‘public figure’ exception.

This would require a would-be claimant in a libel case to prove actual malice by a publisher or author before he or she could go ahead with a libel action.

It would apply in cases “concerning reporting on public officials and prominent public figures”.

The committee also calls for the no-win, no-fee Conditional Fee Agreement (CFA) regime to be changed.

It wants to limit the requirement that losing defendants should reimburse the successful claimant’s costs and the “success fee” claimed by their lawyers.

Media law specialist Mark Stephens, a partner with London law firm Finers Stephens Innocent, said: “I think it is quite remarkable that the UK Government has drawn these deficiencies in our libel laws to the attention of the United Nations while at the same time libel lawyers in this country have remained insouciant to the deficiencies highlighted by the UN.”