Defamation Bill

Debate between Michael Ellis and Amber Rudd

Tuesday 12th June 2012 Commons Chamber

[Amber Rudd]

I thank the hon. Gentleman for that intervention. That is a broader point about some books, but there are quite a lot of books that are not subject to such analysis. I am sure that the Minister will address that point later.

At the moment, internet hosting sites are obliged to remove allegedly defamatory material from their website when they receive a complaint, often without knowing whether the comments are defamatory. That is an attack on free speech and the Bill addresses that issue. The provision in clause 5, which offers website owners a new process governing the responsibility for publication on the internet, will undoubtedly give websites greater protection against a threat of legal action. I am sure that is welcomed by Members on both sides of the House.

Above all, I welcome, as I know my constituents in Hastings and Rye will, the clarity that the Bill will provide in an area that remains unsettled and unclear to many.

Let me mention clause 13, which repeals the Slander of Women Act 1891.

[Michael Ellis]

My hon. Friend is making some very powerful points. The Slander of Women Act 1891 will be repealed by clause 13, as she says, and that tallies well with the Government’s proposals to repeal a number of pieces of outdated and outmoded legislation. Does she feel that that rarely used piece of legislation should be repealed in such a way?

[Amber Rudd]

I am grateful to my hon. Friend for that intelligent question. The Act provided that slander imputing unchastity or adultery to a female is actionable per se. Although I naturally support adequate protection of women across the country, I think that goes a little too far. The Act does not apply to Scotland, so it is about time the rest of the UK followed suit.

I am confident that the Bill will redress the balance in the defamation rules towards freedom of speech in a way that is just and fair. The reforms are well overdue and, as we have heard this afternoon, widely supported by the public and the rest of the Members of this House. I therefore commend the Bill to the House.