Consultation on online defamation law launched by Ministry of Justice
UK government calls for views on law surrounding online publishing
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Defamation law in the UK is to be examined in a new consultation launched by the Ministry of Justice .
The ministry will seek views from anybody who posts or publishes online, particularly those who maintain online archives, it was announced yesterday .
Some defamation law originates from the 1840s and the ministry has said it will question its relevance in an online age. The consultation will take place as part of an existing review into UK defamation law.
A specific area of concern is that current defamation law allows someone to make a claim each time a libel is published.
This is an issue brought into sharp focus online, where content can be updated, cached, linked and indefinitely archived.
Under the 160-year-old 'multiple publication rule' that is currently part of defamation law, online publishers can potentially face new legal action each time an article is clicked on, even if this occurs many years after it was first published.
"[S]hould each publication of defamatory material still justify a separate claim ('multiple publication' rule) or should only one claim be allowed ('single publication' rule) - and how might that work?" the ministry said in the release.
"Currently, a defamation claim has to be made within a year of publication. But the internet now allows content to be accessed immediately and for many years into the future. So does this time limit need to be changed and how might that work?" The ministry has published a list of questions for online publishers to answer , the deadline for which is December 16 2009.
"Existing defamation law needs to be updated so it is fit for the modern age, and it is important we listen to views on the best way to achieve this," said Jack Straw, the Secretary of State for Justice, in the announcement.
"Freedom to hold and express opinions is a right that is vital to democracy, as is respect for the rights and freedoms of others. How these principles are balanced in the fast-changing internet age is a fascinating debate."
