English libel law imposes unnecessary and disproportionate restrictions on free speech, sending a ‘chilling’ effect through the publishing and journalism sectors in the UK, according to an inquiry into libel law by two free speech charities.

As a result of their findings, published today, Index on Censorship and English PEN have made 10 recommendations for reform. The charities simultaneously launched a national campaign and a website, libelreform.org, in a bid to exert pressure on MPs to change the law.

Index on Censorship and English PEN want the recommendations to be incorporated into a libel bill.

The year-long inquiry was designed ‘to assess the impact of English libel law on freedom of expression, both in the UK and internationally’. The inquiry met with lawyers, editors, publishers and bloggers.

The inquiry’s recommendations are:

  • the burden of proof in libel actions should be reversed;
  • there should be a £10,000 cap on libel damages unless a claimant can prove material damage;
  • libel cases should only be accepted by English courts if at least 10% of copies of the relevant publication are circulated in the country;
  • large and medium-sized companies should not be able to sue for libel unless they can prove malicious falsehood;
  • a ‘single publication’ rule should be introduced;
  • all libel cases should go for mediation before reaching the courts;
  • the public interest defence should be strengthened;
  • the definition of fair comment should be expanded;
  • success fees and after-the-event insurance premiums should be non-recoverable; and
  • website hosts should not be responsible for material posted on their sites by third parties.

Parliament’s Culture, Media and Sport Committee is expected to publish its report on press standards, privacy and libel in mid-December.

Jonathan Heawood, director of English PEN, said: ‘Our libel laws allow people accused of funding terrorism or dumping toxic waste in Africa to silence their critics while ‘super-injunctions’ stop the public from even knowing that such allegations exist. We need to reform our libel laws now, and that’s why we’re launching a national campaign to persuade our politicians to do so.’

John Kampfner, chief executive of Index on Censorship, said: ‘If we don’t act we’re at risk of becoming a global pariah. There are US states who view English libel law as so damaging to free speech they have passed laws to effectively block the decisions of English judges. Our report is an important milestone in modernising our antiquated and chilling approach to free expression.’

Case studies in the report were researched and written by Caroline Kelly, a solicitor at London firm Finers Stephens Innocent.

Index on Censorship promotes the public understanding of freedom of expression through the Writers and Scholars Educational Trust. English PEN promotes the human rights of writers, authors, editors, and publishers throughout the world.