Northern Ireland needs libel reform, to bolster free speech

News Letter editorial of January 11 2021:
News Letter editorialNews Letter editorial
News Letter editorial

There are many problems with the libel laws that prevail in Northern Ireland.

One difficulty that is probably little known among the public is the way in which terrorists have ruthlessly used such laws over the years.

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They can sue or threaten to sue if their terrorism is widely known but costly and perhaps difficult to prove in court.

Hardcore supporters of terror can also sue if they are described as terrorist sympathisers, unless there is a clear paper trail that proves them to be such.

As anyone who has followed the Troubles will know, many terrorists disown their terrorism, and many supporters of terrorism deny that they support it.

Such libel bullies seek damages, or threaten to seek damages, for something that is true but might be hard to establish in court. This has a chilling effect on the media, because it is hesitant about reporting such truths, given the vast risk and costs of going to court.

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This is only one example of a problem that arises in a society in which it is relatively easy to win a libel case.

Others include the way in which scientists can be sued for challenging the work of, for example, drug companies. Or how investigative reporters can be sued by wealthy criminals. But it is worth mentioning the terrorist libel bullies because some politicians who bitterly oppose terror have declined to back libel reforms that would make it harder for terrorists to sue.

There is always a balance to be struck in defamation laws. It is essential that people can defend their reputation against inaccurate claims. If there were no such protections, you could call someone a murderer whether or not it was true.

But UK defamation laws in recent decades had swung too far in favour of claimants, making vexatious claims more likely.

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A 2013 law in England and Wales made it harder to pursue claims with no merit. This bolstered free speech, yet the reform has not been extended to Northern Ireland.

As the respected NI-born peer Baroness Hoey writes on our pages today, it is high time that it was.

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A message from the Editor:

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

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Alistair Bushe

Editor