Plan to update web libel laws

The UK's libel laws could get a radical overhaul in order to stop website owners facing "open-ended liability" for material published online.

The Ministry of Justice's paper, Defamation and the internet: the multiple publication rule, sets out proposals that could see the multiple publication rule effectively scrapped.

The multiple publication rule enables a complainant to bring a case for defamation within a year of a 'libellous' article being read by a member of the public.

It is proposed that a single publication rule could applied instead, which would limit the time period that complainants have to bring their action.

The MoJ is currently holding a consultation on the issue and believes that the change is necessary to cope with the internet age, as articles from many years back are still indexed and easily accessible.

This means that an article written several years ago could be challenged in a court of law if it had been clicked on by a surfer within a year of the complaint being made.

The existing law was made with newspapers in mind. As newspapers tend to be disposed of quickly, the actual publication date is when the one-year period to bring a case for libel begins. Only if the offending material is published again can a new case be brought.

The MoJ wants to change the law so the action must be brought within a certain period of the article first being published on the web. It is also considering extending this period from one to three years.

Jack Straw, the Secretary of State for Justice, said: "Existing defamation law needs to be updated so it is fit for the modern age, and it is important we listen to views on the best way to achieve this.

"Freedom to hold and express opinions is a right that is vital to democracy, as is respect for the rights and freedoms of others. How these principles are balanced in the fast-changing internet age is a fascinating debate," Straw continued.

Libel laws in the UK have come in for much criticism for being biased in favour of the complainant: Currently, the burden of proof that claims have been damaging to an individual is placed on the complainant, though they do not have to prove that the claims are untrue.

The consultation will end on 16 December.