Question to the Ministry of Justice:

To ask Her Majesty's Government whether they will review the (1) operation, and (2) effectiveness, of section 12 of the Human Rights Act 1998 relating to freedom of expression.

On 14 December the Government published a consultation on its proposals to revise and replace the Human Rights Act 1998 with a Bill of Rights.

This includes proposals to strengthen the right to freedom of expression, reflecting the UK’s history, traditions and values.

Responses and views are sought on how Section 12 of the Human Rights Act could be amended. The Government is consulting on how we can ensure that the right to freedom of expression of the press and other publishers is properly balanced with other rights when the court is assessing applications for injunctions against publication by making clear that the right to freedom of expression is of the utmost importance and that the courts should only grant relief impinging on it where there are exceptional reasons; The Government is also looking at what further steps could be taken to provide greater protection for journalists’ sources.

The consultation process will close on 8 March 2022. We will assess the responses and evidence provided to inform detailed development of future policy and legislation.