Two years ago, Northern Ireland’s business community finally took a stand.
A statement was issued by 29 of our most prominent companies demanding the legalisation of same-sex marriage, at that point a major issue in the collapse of devolution. The row was threatening boycotts of the local film and TV industry and unnerving multinationals. Firms who signed included Coca-Cola, Santander and IBM, plus other foreign investors in software, finance and legal services.
“A diverse, outward-looking and inclusive society is essential to create a vibrant and competitive economy”, they warned.
“Our people should have the same rights, entitlements, responsibilities and freedoms enjoyed elsewhere in the United Kingdom.”
The statement was welcomed by Sinn Féin, the SDLP, the UUP and Alliance, but not by the DUP, at whom all this was pointedly aimed.
Nothing quite so party-political had been heard from the private sector before. It seemed the heads-down caution of the Troubles was abating and businesses were at last locating their backbones, including businesses dependent on public sector largess: signatories of the statement included two of Stormont’s favourite consulting firms.
But then it all fizzled out. The DUP refused to budge, requiring Westminster to act over its head. Brexit had appeared certain to keep the revolution going. Instead, most local business groups returned to strained politeness.
This is the context in which the lack of libel reform in Northern Ireland needs to be seen. The UK’s Society of Editors is holding a conference next month to restart debate on the subject, chaired by the deputy editor of the Belfast Telegraph and hearing from the editor of the Irish News, among others.
However, libel reform is not primarily about the media. It is about the failure of wider commercial interests in Northern Ireland to stand up for themselves and for everyone else - with Brexit now set to exacerbate the consequences.
Reform of the UK’s libel laws was spurred by several notorious cases over a decade ago, most infamously when the British Chiropractic Association sued the science author Simon Singh for writing about “bogus treatments”.
Other cases were then highlighted of scientists and academics being pursued. The scandal went global as the US began passing laws to exempt its citizens from British libel judgments (although, ironically, American medical companies had used UK law to silence British researchers.)
The reforms enacted in England and Wales in 2013 were focused on protecting scientists and academics.
When it emerged the DUP had blocked reform in Northern Ireland, with the acquiescence of Sinn Féin, Lord Lester - who drove the legislation through Westminster - said the motivation must be “to sue newspapers more regularly.”
Perhaps, but the media is not the most vulnerable victim. While newspapers and broadcasters dislike defamation they consider it central to their business and have the experience, training and insurance to deal with it.
Libel lawyers are entitled to roll their eyes a little at media complaints: journalists suing each other are among their best customers.
The missing voices in this debate are the sort of companies that signed the 2018 letter, plus both our universities.
Industries unusually exposed to defamation include pharmaceuticals, software development and television and film production - Stormont’s leading hopes for economic growth.
When the Northern Ireland Law Commission produced proposed reforms in 2016, protecting scientists and academics was its first recommendation. The DUP-controlled Department of Finance, which had commissioned the report, promptly cut all the commission’s funding.
The 2016 report found little evidence for initial fears of Northern Ireland becoming a centre for ‘libel tourism’ or suffering general economic damage. However, it was published before the EU referendum.
Northern Ireland must now sell itself as a ‘best of both worlds’ business environment, leveraging whatever regulatory advantages it can muster. This is obviously incompatible with getting sued at the drop of a hat.
Service industries have genuine best of both worlds potential, as Brexit restrictions mainly apply to goods. Yet defamation particularly menaces services.
Our universities risk losing research contracts and international academics. Libel adds to that risk, albeit slightly so far - but it would only take one egregious case to make us a pariah.
A parallel debate in the Republic has moved on considerably in recent years.
Archaic libel laws there are recognised as having “a chilling effect on all businesses”, to quote the Irish Small and Medium Enterprises association.
Why will no business groups here come out and say the same?
Do they think the press will always be here to argue for them?
