Tough Times for Libel Abusers in the UK

by Aaron Eitan Meyer  •  Dec 18, 2009 at 11:40 am

https://www.legal-project.org/blog/2009/12/tough-times-for-libel-abusers-in-the-uk

On December 10th, the New York Times reported on efforts to reform Britain's plaintiff-friendly libel laws, which have been widely criticized as easily abused, particularly by Islamists eager to silence critics.

Those familiar with the broader struggle against Islamist Lawfare will recognize that libel tourism has garnered disproportionate attention relative to its utility as a lawfare tactic. Nevertheless, steps to prevent abuse of English law are to be encouraged.

Indeed, in March 2009, the Legal Project submitted written testimony to the UK Parliament's House of Commons Culture Media and Sports Committee, making several recommendations as to how the UK might revise its libel law regime.

The recommendations included:

1. Reversing the presumption so that the burden is on libel plaintiffs to prove the material is false (as in the American system) instead of on the defendants to prove it true.
2. Requiring plaintiffs in cases involving public figures or matters of public concern to prove the defendant published the material knowing it was false or with reckless disregard for whether it was true.
3. Implementing anti-SLAPP [Strategic Lawsuit Against Public Participation] laws that penalize plaintiffs who file lawsuits simply to silence critics.
4. Directing UK courts not to hear cases where the connection to England is weak (e.g., plaintiff has filed suit in England even though the challenged material was published elsewhere and only a handful of copies were sold in England.)
5. Re-examining the propriety of "hate speech" laws in light of potential abuse.

While the Times article does not explore the technicalities covered in the Legal Project's testimony to Parliament, it nevertheless serves to publicize this facet of Islamist Lawfare, which is a critical step in defeating efforts to chill critical analysis of radical Islam.

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