European governments need to agree on similar rules to prevent libel tourism, according to a declaration last Thursday by the Council of Europe’s committee of ministers. The Strasbourg-based body argued that libel tourism, which is hugely controversial in Britain, “constitutes a serious threat to the freedom of expression and information”. The custom “challenges a number of essential rights protected by the [human rights] convention”, including freedom of expression, the right to a fair trial and the right to privacy and family life. The committee called on governments to “provide appropriate legal guarantees against awards for damages and interest that are disproportionate to the actual injury”. To that end, European governments should agree a set of standard jurisdictional rules applicable to defamation claims; national laws should be aligned with the case law of the Strasbourg court. The declaration issued to the 47 signatories to the European Convention on Human Rights, has no binding force but it acknowledges the seriousness of the issue and could signal a wider policy adjustment both within the Council of Europe and at European Union level. (Solicitors Journal via the Guardian)
