This article was first published in Solicitors Journal on 18 May 2010 and is reproduced by kind permission.

The “Sunday Times” has condemned English defamation law as “draconian”. There is not a single newspaper which disagrees with this damning verdict. A number of NGOs, most notably English PEN and the Index on Censorship, have made similar pronouncements. Jonathan Heawood, director of English PEN, stated:

“Our libel laws allow people accused of funding terrorism or dumping toxic waste in Africa to silence their critics while ‘super injunctions’ stop the public from even knowing that such allegations exist.” Continue reading