The Wardman Wire

Next week I’ll be taking a break from posting about the Usmanov and Schillings vs Free Expression for Bloggers story (unless there is a major development), however these are the things to watch:

• Craig Murray’s website should be back on line soon.
• The story will continue to be covered over at Bloggerheads Temporary Site - for more detail keep an eye on the blogs in the sidebar, who have been providing detailed and regular comment.
• The story should move further into the mainstream media. Mr Usmanov’s PR Offensive (about which Tim Ireland is - shall we say - somewhat sceptical) was covered in all the main papers yesterday.
• Finally, the BIG part of this issue will be when the difference between the letter and practical implementation UK Libel / Defamation Law online and in print begins to be seriously examined.

The BIG story will be UK Law Reform

The Schillings schemozzle (I’m so pleased they aren’t called “Harbottle and Runcorn” - don’t you love the phrase) has highlighted the untidy and unfair legal arrangements in the UK, where criticism on the Internet can be suppressed far more easily than criticism in, for example, a newspaper.

Yesterday I had contact from an International News Weekly looking at this situation with British Libel Law and the need for reform, and wanting to know why it is so easy to shut down online opinions you disagree with by alleging defamation without any evidence that that is the case. With luck, there will be some coverage of the substantive issue.

Web Hosts are Victims Too

Ironically, web hosts are also victims of this legal mess - not really having any option other than to remove material as they share liability for material once they know that it exists.

Lawyers, on the other hand, are able to make a handsome revenue stream from the anomalous position, charging a tidy sum for sending a “we allege that this allegation is defamatory” letter.

Lawyers Professional Responsibility

At the same time, lawyers are able to attempt to (in fact - they would claim must) deflect criticism of this tactic with the traditional plea:

“we have a professional responsibility do the utmost for our clients within the limits of the Law”

Indeed they do - and that demonstrates that those limits are ripe for adjustment.

The Law Society (the Solicitors’ “Trade Union” and Regulatory Body) takes a role in Law Reform:

Influencing law and procedure

The Law Society seeks to influence the development of law and procedure in a number of ways. These include developing policy across a wide range of areas, and lobbying decision-makers both at home and abroad. We campaign on key issues, and comment on proposals for change.

I hope that they will see the need for Reform and Consistency across Different Media in this case.

Wrapping Up

This will eventually - perhaps sooner rather than later - come under the spotlight it deserves, and I hope that law firms will have to seek their revenue from demonstrating defamation rather than simply alleging it.

Tags: alisher usmanov, schillings lawyers, defamation, law society, libel law, tim ireland, bloggerheads, law reform, uk libel law, me usmanov[tags]alisher usmanov, schillings lawyers, defamation, law society, libel law, tim ireland, bloggerheads, law reform, uk libel law, me usmanov[/tags]