My Lords, I thank all those who have already spoken, outlining their rich and often diverging views on this important clause. I understand completely that there are very different views around the Chamber and we have heard them for the last hour or so. I will outline the Opposition’s view on Clause 50 and Section 40.
The Leveson report is now over a decade old. Responding to, rightly, the concerns of the time, Brian Leveson’s aims were to balance the competing concerns of protecting the free press—which the noble Lord, Lord Black, spoke eloquently about—while ensuring high press standards. We have heard noble Lords championing those during the debate this afternoon.
Therefore, while the inquiry helped bring about a press regulator, it did not enforce mandatory membership for news publishers. Rather, it made membership voluntary but introduced incentives for publishers to join, including consequences if they did not. Section 40, which has never been commenced, would make publishers who had not signed up to the regulator vulnerable to paying the costs of those they face in legal cases even if the wider case was ruled in their favour. Press groups have long pointed out the impact this imbalance would have on their ability to undertake free and fair reporting.
The media landscape is now much changed, although some of the issues that were present then clearly are today. It is to be expected that that would be the case some 10 years on. Challenges from the rise of social media, online consumption of media and the consequences of falling advertising revenue mean that we have seen a significant impact on the ability of the press to compete in the market and undertake its vital work.
Additionally, a self-regulatory system for the press now exists—something not anticipated ahead of the creation of Section 40 in the 2013 Act. This alone makes the situation different from 2013 and, taken together, these changes mean that it is right that
Section 40 should not remain in the Act as it is. Thus, and for those reasons, we cannot support the clause stand part proposition tabled by the noble Lord, Lord McNally, and so ably and so colourfully supported by my noble friend Lord Lipsey.
On Amendment 87A from the noble Lord, Lord Watson, I am very grateful to my noble friend for his contribution, but we are unable to support his amendment. I know he will be disappointed at that and he made very powerful arguments and a powerful case in putting his amendment to the House.
In our view, Amendment 87A risks wrapping up publications in sometimes spurious legal disputes and opening the door to sometimes repeated and vexatious claims. It would also put the onus of determining factual inaccuracies on the High Court. We do not believe that to be the right place for this to happen.
I thank the noble Baroness, Lady Hollins, as ever, for her carefully thought-through contribution. I pay tribute to her for the work that she has done, very ably and passionately, over many years. Outside your Lordships’ House, I look forward to digesting what Brian Leveson has had to say on this issue and, by extension, his contribution to this important debate. I shall speak to one of the noble Baroness’s amendments in particular: Amendment 84 presents an advantage in keeping parts of Section 40 that provide positive incentives to join a regulator and protections for those that do, while removing the part of Section 40 that has caused so much concern. I look forward to hearing what the Minister has to say on this.
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It is absolutely right that we hold our press accountable for its actions while allowing it to continue in a changing and challenging media landscape, and protecting it from vexatious claims that threaten its ability to do the right thing—and to do its job in holding the powerful to account. I also note that beyond the measure introduced in the Economic Crime and Corporate Transparency Act, we have had no further concrete update on extending anti-SLAPP measures from the Government. In drawing this important debate to a close, can the Minister take the opportunity to update colleagues on that? It is a very important subject to cover.
This has been a richly illuminating debate, passionate and critical to the vitality of our democracy—a debate on a day when we have learned from the Prime Minister that we are to have a general election. No doubt the press will play its part in that, and I hope it plays a responsible one.