Britain leads the world in Literature, Literacy… and Libel
The most prolific publishing nation in the world, is also the libel capital
Free Word insists that the Government makes good its commitment to repeal seditious libel law
A new centre for literature, literacy and free expression opens today in London. The Free Word Centre, based in Farringdon, is the first of its kind in the world. As it opens to the public, Free Word, along with its nine influential resident organizations, has taken stock of Britain’s standing in the areas of literature, literacy and free expression. It reveals the paradox that although the UK is the world’s leading publisher, and our children are highly literate, some of our laws actually harm freedom of speech overseas.
Libel tourism is rife in the UK. English courts claim a wide jurisdiction, taking on libel cases even when both the plaintiff and defendant live overseas. A book or magazine merely needs to be available in England and Wales – for example, on a web-page, or ordered via a website – for judges to hear the case. The burden of proof lies uniquely on the defendant, meaning England is an attractive option for those wishing to prosecute for libel.
England also ranks top by another measure. Average libel proceedings in England and Wales cost 140 times the average across Europe, putting libel out of reach of the majority, and instead making it the preserve of the rich and powerful.
Britian’s arcane laws of seditious libel also inspire censorship worldwide. The ancient crime of criticizing the Monarch or Government has thankfully fallen out of use in the UK, but the fact that it has never been officially repealed sets a very bad example overseas. Authoritarian regimes can use similar laws to suppress legitimate dissent. The most recent example of this was in August, when six journalists in the Gambia were imprisoned on charges of defamation and sedition. They were convicted for issuing a release urging President Yahya Jammeh to recognise his government’s responsibility for journalist Deyda Hydara’s murder in 2004. One of the journalists, Sarrata Jabbi-Didda, had her seven-month-old baby taken from her. They were eventually freed last week, only due to international pressure.
The UK Government has committed to abolishing seditious libel in the forthcoming parliamentary term. Doing so will be of enormous benefit to the free speech groups around the world, who will be able to challenge authoritarian governments with renewed vigour.
Shreela Ghosh, Director of Free Word Centre, said:
“The UK is seen as an exemplar nation in the fields in which Free Word operates – literature, literacy and free expression. In free expression, Britain is seen as an important role model, which makes it all the more crucial that this arcane law is repealed.”
Agnes Callamard, Director of Article 19, the Global Campaign for Free Expression, said
“ARTICLE 19 warmly welcomes this initiative to abolish seditious libel in the UK, which will make Britain the first Western European country to take this step. Already human rights partners across the world have confirmed that that this measure will send a very strong and clear signal globally that democracies do not have criminal defamation laws. No longer will repressive countries be able to justify their criminal defamation laws on the basis that such laws exist in established democracies such as the UK.”
Jonathan Heawood, Director of English PEN, said:
“Our members campaign tirelessly for imprisoned fellow writers overseas, but to do that effectively, we need to haul our own laws into the twenty-first century: The ancient sedition laws must be scrapped, and our libel laws should be modernised. The Free Word Centre is the perfect place to campaign for this reform.”
John Kampfner, CEO of Index on Censorship, said:
”Index on Censorship is at the forefront of a major campaign to persuade the government to change Britain's draconian libel laws, which have had a chilling effect on free speech. Already progress has been made, with the repeal of one aspect. Authoritarian regimes used seditious libel in English courts as a means to clamp down on dissent. It was an outdated law that had no place in a modern society. Index, in conjunction with its partners, is using the government's climb-down in this area as the first stage in a broader change to the law”.
The Free Word Centre opens in London on 15 September. The organisation is home to nine organisations in the fields of literature, literacy and free expression: Apples & Snakes; ARTICLE 19; Arvon; Booktrust; Dalkey Archive Press UK; English PEN; Index on Censorship; The Literary Consultancy and the Reading Agency. Its combination of literature, literacy and free expression organisations under one roof is unique. However, the inter-dependency of the sectors is key – there can be no literature without free expression and people cannot express themselves freely without adequate literacy.
The most prolific publishing nation in the world, is also the libel capital
Free Word insists that the Government makes good its commitment to repeal seditious libel law
A new centre for literature, literacy and free expression opens today in London. The Free Word Centre, based in Farringdon, is the first of its kind in the world. As it opens to the public, Free Word, along with its nine influential resident organizations, has taken stock of Britain’s standing in the areas of literature, literacy and free expression. It reveals the paradox that although the UK is the world’s leading publisher, and our children are highly literate, some of our laws actually harm freedom of speech overseas.
Libel tourism is rife in the UK. English courts claim a wide jurisdiction, taking on libel cases even when both the plaintiff and defendant live overseas. A book or magazine merely needs to be available in England and Wales – for example, on a web-page, or ordered via a website – for judges to hear the case. The burden of proof lies uniquely on the defendant, meaning England is an attractive option for those wishing to prosecute for libel.
England also ranks top by another measure. Average libel proceedings in England and Wales cost 140 times the average across Europe, putting libel out of reach of the majority, and instead making it the preserve of the rich and powerful.
Britian’s arcane laws of seditious libel also inspire censorship worldwide. The ancient crime of criticizing the Monarch or Government has thankfully fallen out of use in the UK, but the fact that it has never been officially repealed sets a very bad example overseas. Authoritarian regimes can use similar laws to suppress legitimate dissent. The most recent example of this was in August, when six journalists in the Gambia were imprisoned on charges of defamation and sedition. They were convicted for issuing a release urging President Yahya Jammeh to recognise his government’s responsibility for journalist Deyda Hydara’s murder in 2004. One of the journalists, Sarrata Jabbi-Didda, had her seven-month-old baby taken from her. They were eventually freed last week, only due to international pressure.
The UK Government has committed to abolishing seditious libel in the forthcoming parliamentary term. Doing so will be of enormous benefit to the free speech groups around the world, who will be able to challenge authoritarian governments with renewed vigour.
Shreela Ghosh, Director of Free Word Centre, said:
“The UK is seen as an exemplar nation in the fields in which Free Word operates – literature, literacy and free expression. In free expression, Britain is seen as an important role model, which makes it all the more crucial that this arcane law is repealed.”
Agnes Callamard, Director of Article 19, the Global Campaign for Free Expression, said
“ARTICLE 19 warmly welcomes this initiative to abolish seditious libel in the UK, which will make Britain the first Western European country to take this step. Already human rights partners across the world have confirmed that that this measure will send a very strong and clear signal globally that democracies do not have criminal defamation laws. No longer will repressive countries be able to justify their criminal defamation laws on the basis that such laws exist in established democracies such as the UK.”
Jonathan Heawood, Director of English PEN, said:
“Our members campaign tirelessly for imprisoned fellow writers overseas, but to do that effectively, we need to haul our own laws into the twenty-first century: The ancient sedition laws must be scrapped, and our libel laws should be modernised. The Free Word Centre is the perfect place to campaign for this reform.”
John Kampfner, CEO of Index on Censorship, said:
”Index on Censorship is at the forefront of a major campaign to persuade the government to change Britain's draconian libel laws, which have had a chilling effect on free speech. Already progress has been made, with the repeal of one aspect. Authoritarian regimes used seditious libel in English courts as a means to clamp down on dissent. It was an outdated law that had no place in a modern society. Index, in conjunction with its partners, is using the government's climb-down in this area as the first stage in a broader change to the law”.
The Free Word Centre opens in London on 15 September. The organisation is home to nine organisations in the fields of literature, literacy and free expression: Apples & Snakes; ARTICLE 19; Arvon; Booktrust; Dalkey Archive Press UK; English PEN; Index on Censorship; The Literary Consultancy and the Reading Agency. Its combination of literature, literacy and free expression organisations under one roof is unique. However, the inter-dependency of the sectors is key – there can be no literature without free expression and people cannot express themselves freely without adequate literacy.
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