My Lords, I shall speak also to Amendment 7. I have taken no part in Committee. I should explain why I am moving this amendment today. I tabled my amendments at the request of Sense about Science, a charity which I founded just over 10 years ago, and from which I have recently retired. It has certainly played a prominent part in the proceedings on the reform of libel law, and I have followed its progress with keen interest. I first thank the Government for their helpful approach throughout, and say how much I appreciate the changes which they have made.
However, there are still some improvements to be made. I was encouraged to table Amendment 7 because it is based on the advice of senior counsel. The point can be made briefly. Under Clause 4, the defendant must show that he, she or they, as the case may be,
“reasonably believed that publishing the statement complained of was in the public interest”.
The amendment would replace “believed” with “decided”. I submit that it would make the clause clearer and simpler. Belief is subjective, much more so than decision. It is often hard to prove belief. It would be open to, possibly endless, argument and discussion, and could well lead us back in the direction of the checklist, which I am sure that all noble Lords wish to avoid.
Further, it may be the case that the defendant is a newspaper. That could make belief even harder to prove. For these simple reasons, I hope that the Government will favourably consider these amendments.