The UK government is set to repeal a law known as Section 40, which makes newspapers pay legal costs in libel and privacy cases, regardless of the case’s outcome.
This law will be included in the ‘King’s Speech’ which King Charles is set to present on Tuesday according to The Mail.
The King’s Speech will present the government’s proposed laws and provide an overview of the laws that ministers plan to pass in the upcoming year.
A government source emphasized the importance of a free press in a democratic society, stating, “A free press is a key part of our democracy. Forcing publishers to pay the costs of legal actions, win or lose, risks undermining press freedom.”
Section 40, officially part of the Crime and Courts Act, would have required news publishers to cover legal costs for any court judgment if they were not affiliated with an “approved regulator.” This rule applied regardless of the case’s final verdict.
No national newspapers joined the only regulator that was approved by the government, called Impress. Instead, most newspapers joined a different independent regulator called Ipso.
Ministers have expressed concerns over the impact of this law, referring to it as ‘draconian’ on free speech.
Furthermore, politicians and advocates for free speech have criticized Section 40, which, despite being on the books for years, has never been enforced. They argue that it has a chilling effect on free speech and could lead to “financial ruin” for publishers.
The plans to repeal Section 40 will be outlined in the forthcoming Media Bill.
However, a government source warned that the Labour party, which opposes the repeal, could reverse these plans in the future.
