1. Carpenters Solicitors- Defamation Laws
As a result of the developments in modern communications and technology, defamation laws in
the UK have evolved and changed quite dramatically over the last century,. The primary purpose
of defamation laws is to protect the reputation of companies and individuals who come under
unfair or untrue criticism, whilst at the same time continuing to recognize the right of everyone
to free speech.
The Defamation Act of 1952 is a legal document which consolidated more than a century’s
worth of case law which related to defamation. Under this Act legal professionals created the
definitions of slander and libel, and defined things such as fair comment and privilege, as well as
defenses of justification. These terms essentially mean that a person must be capable of proving
that another person’s comments Carpenters Law, whether they were made verbally or in print,
caused them suffering. With this Act, the onus was on the accused to prove that the statements
they made were truthful and fair.
The Defamation Act of 1996 was created with the aim of clarifying a number of the more
complex points made in the 1952 Act. The first change was to reduce the liability of those who
were involved in the publication and distribution of a magazine or newspaper which contained
libelous statements, as technically, before this change was made, even the shop who sold the
printed work would be considered liable in the eyes of the law.
However, even with the clarifications made in the 1996 Act, both Acts have been the subject of
strong criticism, for the way in which they infringe on free speech, especially considering the
very high settlements which have been awarded by the High Court, as well as the advent of super
injunctions. Because of these issues, a report created in 2009 by two pressure groups, which
made a number of recommendations for a reform to the current defamation Act. This report was
supported by many law firms, including Carpenters Law firm. These reforms, it was hoped,
would ensure that a balance was maintained between the protection of reputation and freedom of
expression. The report Carpenters Solicitors, which the groups entitled ‘Free Speech is not for
Sale’ made recommendations that the onus should be on the claimant to prove that damage and
suffering was caused, that compensation should never exceed £10,000 and that the definition of
what the term ‘publication’ should be simplified and modernized. The report also stated that a
defense of public interest should be created, and that the definition of what ‘fair comment’ meant
should be expanded. Lastly, it was recommended in the report that laws should be created
specifically for defamation which occurred on the internet, and that corporations should not be
permitted taking libel action, unless they can very clearly prove malicious falsehood.