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Bill forcing papers to seek pre-publication approval is 'flawed' Bill forcing papers to seek pre-publication approval is 'flawed'
(7 months later)
Proposals for a new law which would require newspaper editors to seek regulatory approval for certain types of stories are flawed and should be abandoned, a number of peers have said.Proposals for a new law which would require newspaper editors to seek regulatory approval for certain types of stories are flawed and should be abandoned, a number of peers have said.
Lord Fowler, who voted for the amendment to the defamation bill which was passed in the Lords two weeks ago, has now admitted he had a reservation about the proposed law which would mean newspapers risking punitive damages being awarded against them if they did not seek prior approval from the regulator before publication of potentially contentious stories.Lord Fowler, who voted for the amendment to the defamation bill which was passed in the Lords two weeks ago, has now admitted he had a reservation about the proposed law which would mean newspapers risking punitive damages being awarded against them if they did not seek prior approval from the regulator before publication of potentially contentious stories.
In a letter to the Times on Friday, the Tory peer and former cabinet minister said he remained a firm supporter of proposals to bring in a new early dispute resolution service through an arbitration unit at the new press regulator.In a letter to the Times on Friday, the Tory peer and former cabinet minister said he remained a firm supporter of proposals to bring in a new early dispute resolution service through an arbitration unit at the new press regulator.
However, Fowler said it was "unnecessary" and possibly a "dangerous restriction" to force newspapers to seek prior approval for contentious stories that might be, at a later stage, deemed to be libellous.However, Fowler said it was "unnecessary" and possibly a "dangerous restriction" to force newspapers to seek prior approval for contentious stories that might be, at a later stage, deemed to be libellous.
"I agree with those who argue that there should not be pressure on editors or journalists to obtain permission from a regulatory board before publication," he wrote."I agree with those who argue that there should not be pressure on editors or journalists to obtain permission from a regulatory board before publication," he wrote.
"That is an unnecessary and (in my experience as a journalist) possibly dangerous restriction.""That is an unnecessary and (in my experience as a journalist) possibly dangerous restriction."
Fowler has tabled a further amendment to the bill which would delete the provision requiring the court to take into account whether a defendant first sought advice from a recognised regulator before publication.Fowler has tabled a further amendment to the bill which would delete the provision requiring the court to take into account whether a defendant first sought advice from a recognised regulator before publication.
The notion of prior approval was much discussed during the Leveson inquiry and was being promoted by Max Mosley, the Formula One boss whose private life was exposed by the News of the World without any warning to him.The notion of prior approval was much discussed during the Leveson inquiry and was being promoted by Max Mosley, the Formula One boss whose private life was exposed by the News of the World without any warning to him.
Lord Puttnam, the Labour peer, has agreed to support the removal of this part of his own amendment to the defamation bill when it has its third reading in the Lords on Monday.Lord Puttnam, the Labour peer, has agreed to support the removal of this part of his own amendment to the defamation bill when it has its third reading in the Lords on Monday.
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