The Rt Hon. Sir Brian Leveson has responded to Baroness Hollins, setting out the rationale for the proposals for independent press self-regulation in the Leveson Report, which evolved into Section 40 of the Crime and Courts Act 2013 (‘Section 40’) and the Royal Charter on Self-Regulation of the Press.
With the proposed repeal of Section 40 currently being considered in the House of Lords as part of the Media Bill, Baroness Hollins wrote to Sir Brian asking for his views on some of the assertions made during Parliamentary debates. His response does not engage in the political debate but addresses these claims and explains the origin and purpose of his recommendation that led to Section 40.
Sir Brian’s letter highlights that freedom of expression was at the core of the Leveson Inquiry’s recommendations and that nothing in the report undermines that principle. It aimed to protect individuals without substantial means caught up in public interest events but unable to seek redress for defamation or unlawful intrusion into their privacy simply because they could not afford to challenge the press in the courts.
To address this concern, the Leveson Report recommended an arbitration system that would protect both the public and news publishers who could not otherwise afford to litigate. If a news publisher failed to engage in arbitration, resulting in a claim being made to the courts, then the judge would be able to exercise discretion to award costs against the news publisher if it was just and equitable in the circumstances of the case.
Conversely, if a member of the public brought a claim against a news publisher rather than pursuing arbitration, the judge would have the same discretion to protect the news publisher from costs. In particular, this would protect small publishers who may otherwise be forced to retract irrespective of the merits for want of financial means.
A key purpose of the recommendation was to encourage good journalism and provide a quick, relatively inexpensive remedy to those who were defamed or whose privacy was unlawfully invaded without either side having to expend vast resources and energy pursuing litigation.
You can read the full text of the letters here:
Baroness Hollins’ Letter to Sir Brian Leveson, 25 April 2024
