§ Norman BakerTo ask the Parliamentary Secretary, Lord Chancellor's Department if she will make a statement on the compatibility of the libel laws and Articles 6 and 10 of the Human Rights Convention. [9104]
§ Ms Rosie WintertonThe Government believe that the law of libel is consistent with Article 6 (right to a fair trial) and Article 10 (right to freedom of expression) of the European Convention on Human Rights.
It is the task of the courts to apply and develop the law of libel in a manner consistent with the convention rights. They are also under a duty themselves to act compatibly with these rights, as public authorities under the Human Rights Act 1988, which was introduced by this Government. Additionally, they are under a duty, under section 12 of the Act, to have particular regard to the importance of the convention right of freedom of expression, if they are considering whether to grant any relief which would affect the exercise of that right.