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Celebrity libel cases doubled in past year, survey says

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Paul McKenna v The Daily Mail. Sadie Frost v The Mail on Sunday. Kate Hudson v the National Enquirer. Ashley Cole, Gordon Ramsay, Sir Elton John. If it seems celebrities have become keener in recent months to acquaint themselves with Britain's top libel lawyers, it is because they have — twice as keen.

 

According to a survey by Sweet & Maxwell, the legal information provider, the number of reported defamation cases brought by celebrities against newspapers has more than doubled in the past year, from nine to twenty.

 

Overall, there were 74 recorded cases of defamation between May 2005 and May 2006, the period of the survey, up from 66 during the previous 12 months.

 

Gideon Benaim, a partner specialising in media law at Schillings, said that newspapers have become increasingly bold in publishing details about celebrities’ private lives, forcing celebrities to become more litigious to protect their reputations.

 

"For the majority of famous people, the old adage that all publicity is good publicity is simply not true," Mr Benaim said. "They cannot afford to have their reputations tarnished since it could materially damage their careers and cause problems in their personal lives."

 

Korieh Duodu, a barrister at David Price, a media law boutique, said that newspapers were becoming more cautious about fighting defamation proceedings despite the figures seeming to suggest the opposite.

 

Mr Duodu said the increase in reported proceedings was partly because newspapers have, in many cases, sought to avoid the expense of contesting a libel action by choosing to offer compensation and apologise in open court, which does not necessarily require an admission of full liability.

 

"It may well be that newspapers’ tactics are now more cautious when a libel case is launched," Mr Duodu said. "Instances of newspapers seeking to head off a costly and protracted full court hearing, while limiting the potential damage to their reputation that an adverse judgment might incur, by making an ‘offer of amends’ appears to be on the increase."

 

The increase could also be due to Hollywood stars increasingly choosing to sue in Britain, where libel laws are more favourable than in the US.

 

"It is easier for US-based celebrities to sue for defamation in the English courts than in their own country, as our libel laws are much more favourable to claimants," Mr Benaim said. "For instance, in the UK you do not have to prove malice, as you do in America.

 

"The right to freedom of expression is enshrined in the US constitution under the First Amendment, whereas here the right is more evenly balanced with the individual’s right to their reputation. As Hollywood stars see others successfully taking this approach to protect their reputations, more are following suit."

 

Kate Hudson, the actress, was able to pursue proceedings against the National Enquirer in London’s High Court rather than in the US because the newspaper publishes a British edition.

 

http://www.timesonline.co.uk/article/0,,200-2297451,00.html

Here's an idea, only allow libel cases in the uk to be heard if the person claiming libel is british...

 

...send those americans back to america to claim under the american justice system.

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