Defamation Bill

Lord Hunt of Chesterton Excerpts

Tuesday 5th February 2013 Lords Chamber

[Baroness Hayter of Kentish Town]

I thank all noble Lords who have spoken and, obviously, particularly the noble Lord, Lord Phillips, for his support and the interesting suggestion about it being in regulations. I congratulate the Government on their consistency. If that is all they have to offer, they may wish to look further.

The amendment relates only to subsection (3). In a situation where it was not possible for the claimant to identify the person who posted the statement, the claimant has given the operator a notice of complaint and the operator failed to respond to that in accordance with regulations, we ask that a notice is posted—it could be just a little red spot—that says “challenged by”.

I am concerned that the Government have met with the internet operators and, with no one else coming forward—we did not know that the meetings were taking place and were not asked to produce extra information—that they have taken the internet operators’ view on this as the one which will guide their hands.

[Lord Hunt of Chesterton]

In today’s International Herald Tribune there was a long editorial about the great superiority of the European approach to dealing with privacy on the internet compared with how the American Government were dealing with their internet operators. I support the noble Baroness, Lady Hayter. Just talking to internet operators suggests that you are not agreeing with even the opinions of the New York Times.

[Baroness Hayter of Kentish Town]

I am always happy to have the New York Times on my side. Clearly, however, the Government value internet operators and particularly value being consistent. On that basis, I fear that I must withdraw the amendment this evening.

--- Later in debate ---

[Lord McNally]

I note what my noble friend said. I remind him of the very thorough examination that we gave to Clause 5 in Committee, but I take his strictures; I will stay as long as he likes.

During discussion in Committee on amendments tabled by the noble Lord, Lord Hunt of Chesterton, relating to the defence under Clause 6 for peer-reviewed material in scientific and academic journals, uncertainty arose as to whether the reference to journals in Clause 6 includes journals published in electronic form. As I indicated in my response to the amendment of the noble Lord, Lord Hunt, it does. However, to avoid any uncertainty on the point and to ensure that the position is clear, Amendment 18 confirms that that is the case.

I have had helpful discussions with the noble Lord, Lord Hunt, and the noble Lord, Lord May, who unfortunately cannot be with us today, on the amendments that the noble Lord tabled in Committee. In the light of that discussion I would like to make clear, for the avoidance of doubt, that the term, “scientific and academic journals” embraces journals in the very important fields of engineering and medicine and that any peer-reviewed material published by scientific and academic bodies in the form of a journal, whether electronic or otherwise, is covered by the clause.

We think it right that the defence under Clause 6 should be carefully controlled and not extended to discussion on scientific or academic issues more generally. However, we are confident that, in addition to the specific protection provided by the clause, other provisions in the Bill, such as the serious harm test in Clause 1 and the public interest defence in Clause 4, will provide more effective protection of the scientific and academic debate, as well as encouraging freedom of expression in other areas. I beg to move.

[Lord Hunt of Chesterton]

I thank the Minister for his remarks. I support the amendment. I just want to explain that there are important organisations in, for example, engineering and medicine. I trained as an engineer and had discussion with the Institution of Civil Engineers and the Institution of Mechanical Engineers. They have electronic journals, which are used for highly peer-reviewed discussion of important technical issues. Similarly, there are in medicine. The way that the Minister has explained the application of the law will be very useful for those organisations which currently have to spend significant time and money on legal clarification before they publish technical commentary on current issues. That will be useful for many professional bodies, including academic bodies. I warmly welcome the Minister’s remarks and the amendment.

[Lord Browne of Ladyton]

My Lords, Amendment 18 provides usual clarification and we support it. I pay tribute to my noble friend Lord Hunt for engaging in this issue in Grand Committee and for the way in which he has been so useful to your Lordships’ House and to his fellow experts and professionals, particularly in the engineering and medical disciplines.