Section 40 should make Liberals shudder | Centre Write

Those not paying very, very close attention, may mistakenly have thought that the Leveson Inquiry was done and dusted, the subsequent row about regulation of the press over. Not only is that far from the case, but we now have reached a critical juncture. A seemingly innocuous clause in nearly four year old legislation hangs over the press like a guillotine.

Section 40 of the Crime and Courts Act 2013 relates to costs in libel and privacy cases against newspapers and has not been implemented. Yet.

There is currently a judicial review legal challenge, brought by two victims of phone hacking and the online publication Byline, that is seeking to force its implementation as well as calling for the start of the next part of the Leveson Inquiry. The government is now waiting for the result of that Judicial Review before making any further decisions.

Read the full article at Centre Write


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One thought on “Section 40 should make Liberals shudder | Centre Write

  1. I’m glad to see more people writing about this issue. While I’m sure some of the intentions behind S.40 are honourable they have the potential to create an incredibly dangerous weapon that can easily be misused by a future government. I also struggle to comprehend how we can have a system where the winner in a court case is made to pay damages for something they have proven is truthful in a libel case. Surely this goes against many principles of our legal system? You wouldn’t fine a rape victim in court for being drunk would you? Why wold you financially penalise a publication that publishes something in good faith and is found to have not told any untruths?

    I do a very occasional podcast on issues I take an interest in and this was something that bothered me enough to sit up and record something after months of nothing. I’ll be dammed if we’re going sleepwalk into a situation 20 years down the line where a government with negative intentions in regards to freedom of speech and freedom of the press uses legislation like this to stifle any criticism of them.

    I’m also very, very sad to see people playing the line of Murdoch’s opposition to this as a reason to support it. While the tabloids in this country are the drizzling s****, that isn’t a good reason to support such an unjust and bad law anymore than saying it would be a good idea to support one dictator because he’s fighting another.

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