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Press Standards, Privacy and Libel Second Report 2009-2010

Press Standards, Privacy and Libel Second Report 2009-2010

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Published by: Bren-R on Sep 11, 2010
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HC 362-IIncorporating HC 275-i–xv, Session 2008–09
Published on 24 February 2010by authority of the House of CommonsLondon: The Stationery Office Limited£0.00
House of CommonsCulture, Media and SportCommittee
Press standards,privacy and libel
Second Report of Session 2009–10
Volume I 
Report, together with formal minutes
Ordered by the House of Commonsto be printed 9 February 2010
The Culture, Media and Sport Committee
The Culture, Media and Sport Committee is appointed by the House ofCommons to examine the expenditure, administration, and policy of theDepartment for Culture, Media and Sport and its associated public bodies.
Current membership
Mr John Whittingdale MP (
Conservative, Maldon and East Chelmsford 
)(Chairman)Mr Peter Ainsworth MP (
Conservative, East Surrey 
)Janet Anderson MP (
Labour, Rossendale and Darwen
)Mr Philip Davies MP (
Conservative, Shipley 
)Paul Farrelly MP (
Labour, Newcastle-under-Lyme
)Mr Mike Hall MP (
Labour, Weaver Vale
)Alan Keen MP (
Labour, Feltham and Heston
)Rosemary McKenna MP (
Labour, Cumbernauld, Kilsyth and Kirkintilloch East 
)Adam Price MP (Plaid
Cymru, Carmarthen East and Dinefwr 
)Mr Adrian Sanders MP (Liberal Democrat, Torbay)Mr Tom Watson MP (
Labour, West Bromwich East 
)The following members were also members of the committee during the inquiry:Mr Nigel Evans MP (
Conservative, Ribble Valley 
)Helen Southworth MP (
Labour, Warrington South
The committee is one of the departmental select committees, the powers ofwhich are set out in House of Commons Standing Orders, principally in SO No152. These are available on the Internet via www.parliament.uk.
The Reports and evidence of the Committee are published by The StationeryOffice by Order of the House. All publications of the Committee (including pressnotices) are on the Internet at www.parliament.uk/cmscom.
Committee staff
The current staff of the Committee are Tracey Garratty (Clerk), Arun Chopra(Second Clerk), Elizabeth Bradshaw (Inquiry Manager), Jackie Recardo (SeniorCommittee Assistant), Ronnie Jefferson (Committee Assistant), Keith Pryke(Office Support Assistant) and Laura Humble (Media Officer).
All correspondence should be addressed to the Clerks of the Culture, Media andSport Committee, House of Commons, 7 Millbank, London SW1P 3JA. Thetelephone number for general enquiries is 020 7219 6188; the Committee’s emailaddress is cmscom@parliament.uk
Summary 5
Introduction 9
Privacy and breach of confidence 12
Introduction 12
The Human Rights Act 13
Section 12 of the Act 14
Section 12 in practice 16
Max Mosley and the
News of the World 
Is it time to legislate on privacy? 23
Mr Justice Eady and privacy law 25
Compulsory pre-notification 28
Super-injunctions 31
Breach of confidence 34
Libel and Press Freedom 36
The development of our libel laws 36
Bringing and defending a libel action in the UK 38
Early hearings on meaning 38
Defending libel actions justification and the burden of proof 39
Fair comment 40
Privilege 41
The ‘responsible journalism’ defence 41
Corporations and defamation 46
Jurisdiction 48
The international context 52
The internet and the ‘repeat publication’ rule 56
Criminal libel 59
Costs 61
Introduction 61
Attempts to control costs 64
Other inquiries 65
Costs Capping 67
Offer of Amends 69
Hourly rates 70
Conditional Fee Agreements 72
Press standards 77
Introduction 77
Financial pressures 77
Newspaper headlines 80
The case of the McCanns 83

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