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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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10/31/2011

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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
)
Powers
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.
Publications
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).
Contacts
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
 
 
3
Contents
Report
Page
 
Summary 5
 
1
 
Introduction 9
 
2
 
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 
19
 
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
 
3
 
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
 
4
 
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
 
5
 
Press standards 77
 
Introduction 77
 
Financial pressures 77
 
Newspaper headlines 80
 
The case of the McCanns 83
 

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