BRITISH JOURNALISTS IN GERMANY (Hansard, 30 November 1950)

§ THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS (LORD HENDERSON)

As I stated in the debate on July 20, 1950, British journalists in Germany are now subject generally to the jurisdiction of the German courts. These courts will apply the ordinary German law of libel. I am 715WA advised that in German law, as in other systems, libel is a complex topic. Within the scope of a Parliamentary question and answer I can only state the law in broad terms as it affects British journalists working in Germany. British journalists may be exposed to civil actions in the German courts based on allegedly defamatory statements sent by them to their papers and published outside Germany. In this respect they are in practice in much the same position as foreign journalists here, who may in certain circumstances be exposed to civil actions in the English courts in respect of matter published outside England. In one respect British journalists in Germany are in a better position than foreign journalists in England, since I am advised that German courts cannot award 716WA damages for libel except upon strict proof of actual damage suffered by the plaintiff. Judgments for damages for libel are, Therefore, rare in the German courts, though injunctions may be granted to restrain publication or circulation of the matter complained of in Germany. British journalists working in Germany may also be exposed to criminal proceedings for libel in respect of matter published by their papers outside Germany. I am not, however, aware that British journalists have had any cause to complain, either before the war or since, of the effects of this rule. Prosecutions under it appear to have been infrequent.

House adjourned at twenty-two minutes past seven o'clock.