Defamation Bill

Debate between Lord Brown of Eaton-under-Heywood and Lord Ahmad of Wimbledon

Tuesday 15th January 2013 Grand Committee

[Lord Brown of Eaton-under-Heywood]

My Lords, it may be a response to the noble Lord, Lord Lucas, to say that while there is of course a distinction between what is defamatory and what is illegal, it is not necessarily for the complainant to dictate why it is illegal. Thought might perhaps be given to making a regulation under Clause 5(3)(c) that put on the operator who sought to invoke this defence the need to say why, notwithstanding that the statement was defamatory, it was none the less lawful to publish it. That might be a better way of achieving the balance than putting, as other noble Lords have recognised, the often financially onerous burden on the complainant to anticipate and meet in advance the several defences that may or may not be urged as justification for the publication.

[Lord Ahmad of Wimbledon]

The noble and learned Lord makes a valid point, which we shall certainly consider.