Clifford Chance

New defamation consultation published for England and Wales

16 March 2011

The Government has published a consultation paper on a draft Defamation Bill relating to the law in England and Wales. It follows a statement in the Coalition Agreement that measures to "reverse the erosion of civil liberties and roll back state intrusion" would include the "review [of] libel laws to protect freedom of speech”. It includes new requirements for a potential claimant to show "substantial harm" arising from a defamatory statement, and will codify certain defences currently only available at common law. The proposals may make it more difficult for claimants to bring defamation proceedings.

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