The constitution of the United Kingdom is complex and difficult to understand, and when it comes to reforming the law of libel, the last 12 months or so have shown just how tricky it can be.

One of the more inexplicable events of 2013 was the decision by the Northern Ireland Assembly not to adopt the new Defamation Act.  The upshot is that whilst journalists in England, Wales, and Scotland will be working under a new legal regime when the Act comes into force on January 1^st, their counterparts in Northern Ireland will still have to labour under the old, unreformed, law.

However, it’s not all bad news.  Last week’s announcement that Finance Minister Simon Hamilton has asked the NI Law Commission to examine the Defamation Bill is good news for Ulster’s publishers and journalists (as well as broadcasters, bloggers, academics, and tweeters).

For those of us who are keen to see libel law updated evenly throughout the whole country as soon as possible, Mr. Hamilton’s announcement could be the best way of achieving at least a measure of reform.  After all, if the NI Law Commission advocates reforms, it is hard to see how those reforms could be different from the rest of the UK.

As Lord Black said in the House of Lords on this very issue:

“On the surface, it may appear to some to be a rather dry and technical legal issue.  But in reality it is a challenge to UK law that will, unless resolved swiftly, have grave and far-reaching consequences — for the future of the creative economies and jobs in Northern Ireland, for the tens of thousands of ordinary citizens there who use the internet, for journalists on newspapers both in the province and throughout the United Kingdom and, perhaps above all, for the quality of government in Northern Ireland.

The point about the Defamation Act 2013 is that it should make it easier for those working in publishing in England, Wales, and Scotland, to understand and apply the law.  The Act tackles the so-called chilling effect of the current law on freedom of expression.

Importantly, it updates the law regarding online comment and publishing.  And although it is arguable that the new online publisher’s defence will not change existing procedures, the Act as a whole is good for journalists and publishers.  Which makes the anomaly of N. Ireland’s law all the more unfortunate.

A number of commentators have described the Northern Ireland Executive’s decision not to adopt the new legislation as inexplicable.  When you look at the profound changes that have occurred to our way of life because of the growth and importance of the internet and social media, it’s hard to disagree.

Compelling publishers and journalists in N. Ireland to work to a different, outdated and unreformed, regime from their counterparts in the rest of the UK is far from ideal.  It risks all sorts of adverse legal and commercial consequences.

So the referral of the Defamation Bill to the NI Law Commission is greatly to be welcomed.  Bringing the Province’s law in line with the rest of the country might be possible after all – and sooner than we think.