Libel Laws in the UK. An attack on free speech?

I am currently being taken to the High Court in the UK by a very well known Media Club based in London. This is a test Case under UK law (not been done before) for a pre publishing case for Libel. They are trying to stop me writing about them in a book titled the Groucho Gate Affair. Their case is based on what could be written and not what is written, George Orwell springs to mind in his book 1984.

We all know of course that the libel laws in the UK are a very useful tool for the wealthy, thus the costs of this case are enormous to date and as I am litigant in person (defending myself) if a costs order is granted against me it will run into the hundreds of thousands of pounds.

My Question: Do you think this is an attack on free speech and freedom of expression?

I would like to hear your opinion

Tyrone

Tags: D, Free, Laws, Libel, Murphy, Speech, Tyrone, UK

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Permalink Reply by Howard Hudson on July 2, 2009 at 14:38

Good point, Tyrone. This was echoed in a Wall Street Journal article in June 2009:

Britain Chills Free Speech
http://online.wsj.com/article/SB124406714025182743.html

"Unlike in the United States, where plaintiffs have to prove that the defendant's statement is willfully false and defamatory, the burden of proof is reversed in Britain. According to U.K. libel laws, the plaintiff has to show only that the statement harms his reputation -- which is the case with almost any accusation, true or false. It is the defendant who must then prove that his allegations were not libelous.

"The damage awards are often in the hundreds of thousands of pounds. Ditto lawyers' fees. The mere prospect of possible financial ruin in a process where the cards are stacked in favor of the plaintiff has chilled free speech. In a democracy, though, laws should encourage, not penalize, vigorous debate and investigative reporting. Instead, lawsuits are stifling the spirit of inquiry, which is at the heart of science and sound journalism."

Good luck with your case!
H