Libel and Defamation Cases: Cost to Public Funds

Lord Ponsonby of Shulbrede Excerpts

Monday 14th June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I agree with the noble Lord that the law is well balanced. We think that the Defamation Act 2013 is working well. I thought I heard the noble Lord say that Section 9 applies where a claimant is domiciled outside the UK, but I think that it is actually where the defendant is so domiciled. With that small correction, I agree with the noble Lord.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, in October 2019, the MoJ published its post-legislative memorandum regarding the operation of the Defamation Act 2013 since it came into force. It concluded:

“There has not been any body of opinion calling for a review … of the Act. That may be because … it is still too early to feel their full impact—


that is, of its provisions—

“given the length of civil litigation.”

Following the concerns raised in November last year in an article in the Guardian, we have now heard further concerns from my noble friends Lord Rooker and Lord Browne, who mentioned how women who allege abuse may face libel threats from wealthy former partners. In the Minister’s view, does this not all add up to a re-review of the operation of the 2013 Act?