This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.
The Future of Investigative Journalism: Report (HL 256) concludes that news organizations, regulators and relevant legal bodies need to make important changes if the future of investigative journalism is to be assured. The Committee recommends that media organizations introduce an audit trail to track and record their decisions: firstly, to commence an investigation, and secondly to publish a story. Legal clarity and consistency is also required. Guidelines should be published by the prosecuting authorities to help media outlets decide whether conducting an investigation or publishing a story could lead to prosecution. The Committee further suggests that funding models need to be flexible and creative. Fines for breaches of regulatory codes could be allocated to a special fund reserved for the financing of investigative journalism or training. All Public Relations practitioners should abide by a clear code of behavior, potentially overseen by a t
The Joint Committee on the Draft Defamation Bill welcomes many of the reforms proposed in the draft Bill. However, the report proposes many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles. The Government's proposals do not do enough to address the key problems in defamation law - the "unacceptably" high costs which make access to justice difficult for many. The Committee proposes a series of reforms aimed at ensuring that disputes are generally resolved rapidly by mediation or arbitration, rather than via the courts. An essential step in encouraging early resolution of disputes is the abolition of jury trials in defamation actions, in all but exceptional cases. Judges will then be required to take key decisions affecting the outcome of the case at an early stage, before massive legal costs are incurred. Trivial cases should be weeded out at an early stage. A new notice and take-down procedure for the internet is proposed. Internet hosts gain the protection of the law provided they act responsibly by following the new procedure. Any anonymous postings must be taken down upon complaint, unless authors are prepared to identify themselves or there is an overriding public interest in publication. Furthermore, is should be made more difficult for companies to use their financial muscle and the threat of court action to silence critics.
In 2011 there was widespread shock throughout the UK at the revelations of the phone hacking scandal. Accusations were made of extensive criminality in parts of the press and many people spoke publicly about their unfair treatment. This led to the Prime Minister setting up an inquiry into press ethics, chaired by the Rt Hon Lord Justice Leveson. The Leveson Report (ISBN 9780102981063) was published on 29 November 2012 and recommended significant reforms to the regulation of the press. For almost a year there followed parliamentary debate, political wrangling, numerous press articles and commentary on the Report. On 30 October 2013, a Royal Charter on press regulation was granted, which incorporated key recommendations from the Leveson Report, allowing for one or more independent self-regulatory bodies for the press to be established. Any such body would be recognised and overseen by a Recognition Panel, which came into existence on 3 November 2014. Most national newspapers joined the Independent Press Standards Organisation (IPSO) which was set up on 8 September 2014, replacing the Press Complaints Commission (PCC). At present no regulatory body exists for the press that complies with the strict requirements for independence from publishers set out by the Leveson Report. The recommended steps have not been taken to establish satisfactory whistleblowing arrangements for journalists to speak out, or to set up an arbitration system for early resolution. The system of press regulation allowed for by the Royal Charter is new and the arrangements put in place by the industry through IPSO do not meet all the criteria of the Leveson Report and the Royal Charter.
The Committee's inquiry addresses concerns that the operation of libel laws and the impact of costs were stifling press freedom. It also considers the balance between personal privacy and press freedom, and the increasing use of injunctions and super-injunctions. It also examines press standards in the UK, particularly considering Madeleine McCann's disappearance, the suicides in and around Bridgend in 2008 and phone hacking and blagging. The Committee does not consider that it would be right to legislate on privacy. The Press Complaints Commission (PCC) should amend its Code to include a requirement that journalists notify the subject of their articles prior to publication, subject to a "public interest" test. The report also assesses the damage so called 'libel tourism' has caused to the UK's reputation as a country which protects free speech and freedom of expression. In cases where the UK is not the primary domicile or place of business of the claimant or defendant, the claimant should face additional hurdles before being allowed to bring a case. There is an urgent need to control defamation litigation costs more effectively. Competitive and commercial factors led to an inexcusable lowering of press standards in the gathering and publishing of 'news' about the McCann case, and self-regulation signally failed. The PCC should be renamed the Press Complaints and Standards Commission, reflecting its role as a regulator, not just a complaints handling service. The regulator should have the power to fine its members where it believes that the departure from the Code of Practice is serious enough to warrant a financial penalty.
The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.