Britain could get first privacy law via Parliament

Britain could get its first privacy law through Parliament to stop judges creating one via the courts, the Daily Telegraph reports today.
In an interview with the Telegraph, Lord McNally, a Liberal Democrat minister in the Ministry of Justice, suggests that the right to privacy could be enshrined in law after a number of celebrities and sports stars were awarded “super-injunctions” to gag the press.
Lord McNally said: “There has been a general consensus that a new piece of legislation that clarifies, consolidates and removes some of the more dangerous aspects of the way case law has grown up is something that is desirable.”
He also told the Telegraph: “There was a danger that we were getting towards having privacy law by judicial decision. If we are going to have a privacy law it should be openly debated and freely decided by Parliament."
Lord McNally said super-injunctions were “something that has grown up by stealth, rather than by considered desire of Parliament and therefore they will be in the sights when they look at the reform of the law”.

• The Telegraph is cautious on a privacy law, noting: "Campaigners for freedom of speech will fear that any new privacy law could frustrate investigations by journalists that are clearly in the public interest, such as the Daily Telegraph’s inquiry last year into MPs’ expenses."
• The Daily Mail today says the Premier League footballer who took out a super-injunction on Friday to gag a Sunday tabloid from writing about his private life is an England player.
  

Government to publish draft libel law reform bill

Plans to review the law on defamation "to protect free speech and freedom of expression" were outlined today by Justice Minister Lord McNally.
The Ministry of Justice will publish a draft Defamation Bill for consultation and pre-legislative scrutiny in the new year, with a view to introducing a Bill as soon after that as parliamentary time allows.
It said: "Proposals for reform will be the subject of consultation with interested parties to ensure that a wide range of views are taken into account and that a fully informed assessment of reform is reached.
"The Government recognises the impact that the current law may be having on freedom of expression, particularly in relation to academic and scientific debate, the work of non-governmental organisations and investigative journalism and will be looking at options for addressing concerns around 'libel tourism'."
Lord McNally said:"Freedom of speech is the foundation of democracy. We need investigative journalism and scientific research to be able to flourish without the fear of unfounded, lengthy and costly defamation and libel cases being brought against them.
"We are committed to reforming the law on defamation and want to focus on ensuring that a right and a fair balance is struck between freedom of expression and the protection of reputation.
"The debate today in the House of Lords and Lord Lester's Private Members Bill has greatly assisted our thinking on the matter. We will now move ahead with a draft Government Bill with all due urgency."