UK News

Petitioning UK Government UK Government:

Remove leafleting restrictions for small-scale local events

Petition by the Manifesto Club

Under the Clean Neighbourhoods and Environment Act 2005, councils can designate areas within which people must buy a licence to hand out leaflets. Nearly a third of councils now restrict leafleting, and licences are prohibitively expensive.

These rules have been catastrophic for theatres, village halls, comedy clubs and small nightclubs, which rely on leafleting, but cannot afford such fees.

A flyer ban in Leicester Square caused the collapse of several comedy nights. One Women's Institute was threatened with a fine for handing out leaflets about its art exhibition. Oxford student societies were asked to pay £ 100 a month for leafleting.

Leafleting is a key civic freedom, with a long tradition in this country, and should not be restricted without good reason. Litter can be dealt with through the proper provision of litter bins and other common-sense measures, rather than restrictions on people's rights to use public space.

The 2005 Act already provides exemption for political and religious leafleting, or leafleting on behalf of a charity. The Government should amend the Act, to provide an additional exemption for leafleting for small-scale cultural and community events.

...Sign the petition

Update: Parliamentary Bill Proposed

2nd May 2013. See Cultural and Community Distribution Deregulation Bill [pdf] from manifestoclub.com

The Lib Dem peer Tim Clement-Jones has drafted a bill to change the law on leafleting, which will get a first reading on 9th May. The bill proposes:

Free distribution of printed matter for cultural purposes  where the distribution is for the purposes of a event which consists wholly or mainly of live entertainment and takes place in the presence of an audience of no more than 600 persons:

• (a) a performance of a play,
• (b) a performance of music,
• (c) a performance of dance
• (d) a performance of comedy
• (e) a poetry reading
• (f) a magic show
• (g) a puppet show
• (h) an art exhibition
• (i) a film society or club event
• (j) live entertainment or other cultural social or recreational events of a similar nature to those falling within paragraph (a)to (i) above

Britain's libel laws have prevented the UK publication of Amanda Knox's account of the murder of Meredith Kercher, according to the book's publisher. Publication of the memoir, Waiting to be Heard , is due to go ahead as scheduled in the US, Canada and Australia on Tuesday.

HarperCollins UK had been due to publish the book early next month but has pulled out over fears of legal action. A spokesman said:

Due to our legal system, and relying upon advice from our counsel, HarperCollins UK will not publish a British edition of Waiting to Be Heard, by Amanda Knox, at this time.

The publisher is concerned that the UK's stringent libel laws mean that it could run into legal difficulties because a retrial of Knox and her ex-boyfriend, Raffaele Sollecito, has been ordered by Italian authorities. In addition, the publisher is closely monitoring a number of libel cases in Italy where police and authorities are suing Knox and her parents for defamation for claims made in the press about how she was treated and and her interrogation about the murder.

UK readers will be able to buy the US book online.

Laws that led to London being dubbed the libel capital of the world will be reformed after peers in the Lords voted to pass the defamation bill, ending a three-year campaign led by Liberal Democrat peers Lord McNally and Lord Lester.

Libel reform campaigners said they were delighted overall that defamation reform was finally passing into law, although they were disappointed by the failure of a bid to bar private companies contracted to run schools, prisons or healthcare from suing ordinary citizens who criticised the work they do for the taxpayer. In the end it was the Lib Dems and Tories that did the dirty and killed some of the valuable reforms.

However, the bill is a landmark piece of legislation and should provide more protection for individuals and organisations, including newspapers and broadcasters, which criticise big companies.

The new law will also stop cases being taken in London against journalists, academics or individuals who live outside the country, denting the libel tourism industry, but not ending it altogether, as foreigners will still be able to lodge claims in the high court.

The bill will now return to the Commons on Wednesday for formal approval with no possibility of fresh amendments.

Kirsty Hughes, chief executive of Index on Censorship said she was delighted that corporations will now have to prove financial loss before they sue for libel but added it was a pity the government voted against Labour's amendment to stop public money being used to stop citizen critics .

Comment: Victory for free speech as libel bill passes

25th April 2013. See article from indexoncensorship.org

Today, 24 April, saw history made. The UK parliament has passed a new Defamation Bill, which will now go on to Royal Assent. A major victory against censorship in Britain and beyond has been won, with England's notorious libel laws changed in favour of free speech.

The new law protects free speech. There is a hurdle to stop vexatious cases. We now have a bar on libel tourism so non-EU claimants will now need to prove that harm has been done here. For the first time there will be a statutory public interest defence that will ask defendants to prove they have acted reasonably (a better test than the more burdensome Reynold's test of responsible publication). There is also a hurdle to stop corporations from suing unless they can prove financial harm.

...Read the full article

Britain may be forced to lift its ban on broadcasting political advertising when the European Court of Human Rights (ECHR) rules on its lawfulness tomorrow.

The campaign group Animal Defenders International (ADI) was told it could not run adverts highlighting the plight of caged primates. Because the organisation was not a charity, it was treated as a political group. ADI said this was a breach of its right to freedom of expression and appealed against the decision. The final ruling in its attempts to overturn the ban on its adverts will be handed down tomorrow.

If ADI is successful, the Government will have to amend the laws regarding political advertising or even lift the ban altogether.

The ECHR has overturned similar bans in Norway and Switzerland. Jacob Rowbottom, a fellow in constitutional law at University College, Oxford, said:

It seems very likely that they will find the complete blanket ban on paid political advertising to violate freedom of expression.

Update: Political adverts will continue to be banned

23rd April 2013.  See article from independent.co.uk
See also 'political' chimp advert from YouTube
See also ECHR Judgement from bailii.org
See also Strasbourg ties itself in knots over advertising ban from ukhumanrightsblog.com

An animal rights group has narrowly lost an attempt to end the broadcast ban on paid political advertising in the UK.

Human rights judges in Strasbourg ruled in a 9-8 test case verdict that Government refusal to allow Animal Defenders International to screen a TV advert promoting animal rights was not a breach of ADI's freedom of expression.

The Strasbourg judges declared:

The court noted that both parties (ADI and the Government) maintained that they were protecting the democratic process.

It found in particular that the reviews of the ban by both parliamentary and judicial bodies had been exacting and pertinent, taking into account the European Court's case law.

The judges said the ban only applied to advertising and ADI had access to alternative media, both broadcast and non-broadcast .