Submitted on Monday 14th January 2013
Published on Thursday 17th January 2013
Current status: Closed
Closed: Friday 17th January 2014
Signatures: 7
safeguard our right to criticise local councils
The Government should support a change in the law to protect "the Derbyshire Principle" - a long standing principle of English law that prevents local councils from suing for defamation.
The Derbyshire county council v Times Newspapers Ltd judgment of 1993 explicitly rules prevents local authorities from suing for libel with regards to the council's own corporate reputation. Lord Keith said in the judgment: “It is of the highest public importance that a democratically elected governmental body, or indeed any governmental body, should be open to uninhibited public criticism”.This protection is called "the Derbyshire Principle".
The BBC has reported that Rutland Council could be the first local authority to sue for defamation. Lawyers claim the council’s reputation had been damaged and suggested they could sue using the powers the Council now has under the Localism Act 2011.
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