The government has decided to drop a controversial law that would have required UK publishers to cover the legal costs of individuals who sued them, even if the publishers emerged victorious. Section 40 of the Crime and Courts Act 2013, introduced following the Leveson Inquiry, has never been enforced by the government. The provision stipulated that any news outlet not aligned with the Independent Press Standards Organisation (IPSO) could be liable to pay the legal fees of anyone suing them for libel, copyright infringement, or invasion of privacy, regardless of the case’s outcome.
Celebrities such as Hugh Grant and Gary Lineker supported this clause, but it faced opposition from all national newspapers in Britain, including The Guardian. Concerns were raised that it would hinder investigative journalism, like The Guardian’s own reporting on the phone-hacking scandal that triggered the Leveson Inquiry. The Culture minister, Lord Parkinson of Whitley Bay, announced during a House of Lords session that repealing section 40 would protect press freedom.
Conservative peer Lord Black of Brentwood, deputy chairman of the Telegraph Media Group, deemed section 40 “odious and shameful legislation.” He highlighted the impact it would have on independent press freedom, emphasizing the potential threat to publishers should they be required to pay legal costs for defamation or privacy cases. Lord Black further noted the legislation’s incompatibility with European human rights commitments and its detrimental effect on press freedom.
While the government’s decision to repeal section 40 was praised, Labour peer Lord Lipsey criticized their motives, suggesting it was an attempt to curry favor with the press in an election year. He accused the government of using the repeal as a political maneuver to gain support from newspapers. Lord Lipsey emphasized that the proposed legislation was not a thoughtful legal measure but rather a transparent attempt to influence media outlets.
Despite differing opinions on the repeal, the government moved forward with the decision, aligning with the views put forth by Lord Black and other supporters of press freedom. The repeal of section 40 marks a victory for independent journalism and safeguards against potential threats to media freedom in the UK. The Leveson Inquiry, a significant catalyst for this debate, shed light on journalistic practices and ethics, ultimately leading to important recommendations for the industry’s future.