My Lords, I had not intended to speak but I am one of the campaigners, and one of the signatories to many appeals, for the reform of the libel laws. I am a journalist and I am at risk. I am at risk every day I write or report for the BBC or anyone else. I regard myself as the focus of Clause 4 and how it might affect my livelihood, my reputation and the cases which I report when I make a programme. I know that the noble Lord, Lord Phillips, will not press his amendment, but I was alarmed when he spoke about the defendant acting,
“fairly as to the manner, balance and content,
of the statement that they make. Each of those words is a millstone around the neck of a journalist, who of course will seek to please his employer but also to be fair to the public. Each one of those words can be interpreted in so many ways that I foresee—following what we heard—conversations going on for months in the “Panorama” office about each of them.
That is why I appreciate and commend the Bill and Amendment 14, which leaves things clear and lets us know where we stand. Amendment 21 provides for responsibility and allows for the discussion covered by Amendment 23, which states:
“In determining whether it was reasonable for the defendant to believe that publishing the statement complained of was in the public interest, the court must have regard to all the circumstances of the case”.
Those are going to be innumerable and may move in many directions, but they are what journalists want to see because it makes them both responsible and true professionals. I support the amendment.
1.45 pm