Section 40 and the Free Press

Clearly bad actors are found in all fields of business or employment. I am even forced to concede that, on rare occasions, someone involved in my own prestigious field of blogging might misbehave. This fact is one of the underpinning justifications for the creation of boards of regulation for certain businesses and professions. In many cases, however, the regulators either don’t focus on the proper priorities or they are even created for entirely spurious reasons.

In the UK we’re seeing regulation of the field of journalism that displays gob-smacking amounts of each of these flaws. The UK has already been roundly criticized for inviting “libel tourism”,*1 but new legislation amending the Crime & Courts Act would create a strong presumption that media outlets will pay the court costs of both parties in any libel action. Because of the language that it amends, it’s fairly clear that this is supposed to undercut the presumption that when someone wrongly accuses you of libel and then loses in court, it’s unfair for the courts to order the innocent media outlet, author, or artist to pay the costs of the party that made the wrong accusation.

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