ABSTRACT
One of the most contentious issues during the passage of the Bill related to claims for defamation; such special provision had not been included in the original Bill. During the passage of the legislation through Parliament, newspaper editorials raised questions as to press freedom.144 The argument appeared to be that, since the first limb of Phillips v Eyre was to be repealed, a London newspaper might be exposed to libel proceedings in London where the applicable foreign law did not allow the defendant to raise defences that might be available under the English law of defamation. Secondly, it was argued that such a course might undermine press freedom and was at variance with the UK’s international obligations under Art 10 of the European Convention on Human Rights and Fundamental Freedoms 1950. In any event, the exception is confined to actions for defamation and, in such cases, the common law rules will continue to apply.
