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UK Libel Law Is a Global Threat To Web Free Speech
uctpjac writes "London media lawyer Emily MacManus argues that UK libel law has three features which make it the 'defamation tourism' capital of the world and a serious threat to Web free speech. First, there is no free speech presumption in the UK as there is, for example, in the US. Second, every access of a Web page is considered to be a separate act of publication in the UK (unlike the US, where 'original publication' holds). Third, 'no-win-no-fee' libel litigation is now allowed in the UK. If any blog, anywhere, publishes something you'd like taken down, threaten libel action in the UK: no one except the super-rich can afford to even take these cases to court, so media lawyers advise publishers to 'take it down, take it down quickly, take it down again.' There's not much chance that the judges will move the law any time soon because they just aren't seeing the cases that could cause them to set new precedent."
Doesn't matter. Due to the legal blockades in the UK, if you label ANYTHING you don't like as defamation, it must realistically be taken down. You might think you have the freedom to criticize your local government and their policies, but all they have to do is claim that your criticisms are libelous and you are in a world of hurt if you refuse to back down. The same applies to a church, say of Scientology. Or any other ridiculous way that those in power would like to keep down the voice and will of the people. Another tragedy of free will from the UK. I hope America learns from its mistakes before it's too late.
So, in summary, UK law prevents a poster from making libelous claims on the web. I didn't think the right to free speech came with the right to defame; even in the US.
You might think that, you [insert crazy libel here]. But think it through.
In the US, you have an absolute right to state your honest opinion, or your honestly believed facts. So, if I believed that, oh, the local priest molested little boys, I could stand out and say that without being sued. If I thought he'd molested a friend of mine, I could picket in front of his house, until the police finally came and did something about it.
But in the UK?
As soon as I started picketing, I could be charged with slander*. (Or libel, if I did so through publication.) The church would take me to court, where I would have to prove my claims. If I can't -- because, for example, my friend isn't allowed to testify -- then I could lose my car, house, and the $20 in my pocket.
The bad part that the summary went into -- the really, REALLY bad part -- is that if I put up a website in the USA, talking about how a priest in Mexico molests children, that priest can go to the United Kingdom and sue me there.
And there's no way in hell I can afford to fly to the UK just to defend the rights my forefathers fought to give me. Nor should I.
Unfortunately USA will learn that it works and implement those laws too.
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Believe it or not, some slashdotters actually live in the UK!
Yes, and it's bad they live under such rules. I hope they'll be able to use the democratic process to change them, or the immigration process to make them inapplicable to them.
But my point is that it is not a global threat to Web free speech as the article said. Of course, UK law can hurt UK residents, just as US law can hurt US residents. That's part of the cost of living in a country, and the reason I switched.
-- Support a free market in the field of government
*thinks back to all the times UK posters have bitched and moaned about "rights", not visiting the US, etc*
Always found it amusing in the first place given they've gone completely fucking bonkers with speed cameras, CCTV, "anti social behavior" laws, and of course the UK has much of the same anti-terror bullshit. Meanwhile, Cambridge (mass) just rejected cameras that were going to be installed by Homeland Insecurity over privacy issues. The backlash is gaining; in the UK, it never started.
Our politicians seem to be trying desperately to go the way of England with taxes, but the decision to split from England ~230 years ago appears to have been an excellent one nonetheless.
Please help metamoderate.
I have no idea what the submitter is referring to when he claims that the UK lacks a right to free speech. The article itself makes no such claim, although it does go on to raise other issues that are less easy to argue with.
As a result of the Human Rights Act 1998, any body acting in a public manner, not just in a vertical (governmental) relationship as in the US Bill of Rights, is required to act in accordance with ECHR articles. Article 10 guarantees a right to freedom of expression, limited only in accordance with law, and only where such laws are found to be necessary for a functioning democratic society. As another commenter points out above, neither this, nor the US's first amendment, are apt to shield defamers from litigation.
On another note, I don't appreciate the UK being referred to as a whole in this matter, we in Scotland have a distinct legal system and this is more relevant in regard to defamation than in almost any other area.
If you take issue with our defamation law, that's something you need to raise with the EU, where most of our modern development in this regard, especially electronic correspondence, comes from. However, it's irresponsible and misleading to imply that we lack basic respect for a right to free speech.
I_A_AL, he clearly isn't.
Judges and Appeal judges are starting to get it. In the mean time, make sure you post your opinions of bankers and politicians through a suitable proxy onto US servers.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
if someone is mature enough at 15 to commit a crime in the mind-set of an adult, why shouldn't they face adult consequences?
Because we wanted to pick a hard number that can be applied to everyone, without having to give a fuzzy profile to every criminal.
We picked 18. At 18 you can vote, you can marry, and you are liable for the entirety of your own actions. We could have picked 16, or 25, or 30, but we picked 18.
Oh, and punnishment IS based on mind-set and maturity. Even if you're a minor, you can be tried as an adult for especially henious crimes. And if you're over 18 and mentally undeveloped, well, then you're essentially treated like a child.
Agreed.
Now I know Ive posted this before, but there are just so many instances of this nonsense, that I feel it needs to be repeated at every opportunity.
A local company, Caton Commercial, decided to send a threatening letter in an attempt to prevent the publication of the public court schedule of their pending cases. Claims of libel were made, along with copyright, trademark, and CRIMINAL charges. You can read the poorly thought out Cease and Desist Letter here.
It did not seem to matter to them that the ACTUAL COURT was publishing this info that was being linked to. I did not back down, or respond in any way to their threats. Ive never heard another word about it from this company, or their lawyer. It seems that having such asinine claims and accusations published for the world to see, is the best way to respond to such ignorant claims of the self-important.
And while it was not a once in a lifetime experience(although hearing a lawyer try to argue that the courts own publicly published information was libel would have been), it also did NOT leave me in a world of hurt for not backing down. In fact quite the opposite, it gave me a feeling of great confidence that the things that are important to me are worth fighting for, and that I have the integrity to stick to what I believe with my actions, as well as my words.
Needless to say, the actual cowards are the ones who send out letters like this.
No surprise there.
"Liberals" seek government surveilence to "protect" people from themselves. "Conservatives" seek government surveilence to "protect" people from terrorists.
"Libertarians" seek citizen surveilence to protect people from their government.
Say what you will about the "craziness" of this or that Libertarian idea... they correctly understand that no matter who's in power, they're always trying to screw you.
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Freedom of speech means allowing those with invalid criticisms to express them.