Defamation Bill

Debate between Lord Phillips of Sudbury and Lord Singh of Wimbledon

Thursday 17th January 2013 Grand Committee

[Lord Phillips of Sudbury]

I am obliged to my noble friend for picking up my slackness. No, I do not think it would. The wording, as the noble Lord, Lord Mawhinney, just said, is:

“England and Wales is clearly the most appropriate place”.

I think it is quite enough to leave it to the judge to decide whether it is the most appropriate place. That is a strong test in itself and, as I say, I do not think it is right to load the dice in this regard. In my view, what is provided for in Clause 9 goes far enough to stop the most undesirable cases of libel tourism.

On Amendment 50A in the name of the noble Lord, Lord Singh of Wimbledon, I am afraid I agree with my noble friend Lord Mawhinney. It would make the position of the poor litigant wanting to protect his or her name and reputation even more unequal than it already is. We know that legal aid does not apply to defamation proceedings and to have a provision that requires him or her to satisfy a court that they have resources to meet costs arising from an unsuccessful action means that at least half the population will never be able to protect their reputation, and that cannot be right.

[Lord Singh of Wimbledon]

On that point, it is the litigant from abroad that I am concerned about, not the defendant in this country—a litigant with substantial funds.

[Lord Phillips of Sudbury]

With respect, it says:

“Action against an individual domiciled in the UK”.

It does not say anything about where the plaintiff is domiciled. It talks about where the defendant is domiciled. If I were suing the noble Lord, he is domiciled in the UK but so am I. This clause does not affect my domicile, only his.

[Lord Singh of Wimbledon]

My Lords, this whole amendment is concerned with protection against those domiciled abroad using their wealth and remoteness to chill freedom of expression in the UK. It could be that the wording is clumsy. I will come back to that. It is intended to be applicable equally to wealthy businesses and religious cults. My concern is with the latter.

Many in this House will be aware of the power and influence of powerful cult leaders who claim deep religious insights denied to the rest of us. They often attract and get large donations from rich businessmen and media celebrities, which they use to acquire property and business interests, and often to fund expensive lifestyles. More worryingly, they also prey on the superstitious and vulnerable, promising to use their influence with God to help people meet life’s challenges or to cure incurable diseases. In one case, a cult leader got a woman to sign over her property in return for a promised cure for cancer. Sadly, the woman died soon after. I believe that it is in the public interest that such activities are exposed.

There are many more such cases in which superstitious and vulnerable people are deprived, sometimes of virtually all that they have. The power and attraction of such organisations is totally dependent on uncritical acceptance of their claims to special powers; they use their might and muscle to silence those who, in the public interest, dare to challenge them. Many such organisations are domiciled in the subcontinent of India, or in the United States and Canada, and use their wealth and power to stifle any public-interest questioning of their activities. They also use their remoteness from the UK to avoid paying the costs of any finding against them.

There are many examples. I will give one of a young journalist, who questioned the practices of an Indian sect and found himself in a ruinous lawsuit. After three nightmare years facing financial ruin, he eventually won his case but has no prospect of recovering some £50,000 spent in doing so, as this would involve further protracted litigation in Indian courts. The attitude of such foreign-based litigants is very much, “Heads I win, tails you lose”. It might be that the amendment’s wording is clumsy but its intention is very clear. I believe it will significantly deter those who use power and remoteness to intimidate those in the UK who are genuinely concerned about their activities..