The proposed regulation suggests the establishment of a new independent press regulator, along with fines of up to €1.2 million for publications in breach of standards. The regulator would also have the authority to influence the content and placement of published apologies. Publications would join the new system on a voluntary basis, although there would be financial incentives for them to opt-in.
The changes would affect publications generating news content – primarily newspapers, magazines and news websites. With many politicians praising the multi-party agreement, the media itself has been divided. Several prominent media outlets such as The Spectator have vowed to boycott the draft regulation, with arguments that the new regulator could impede freedom of press and represent unwelcome political interference with press regulation.
Concern for smaller publications
While the regulation outlines exceptions for smaller publications such as student newspapers and scientific journals, many commentators have expressed concerns over the effects it may have on smaller publications that remain outside of the proposed system. While the regulations makes provisions protecting websites and bloggers from damages as a result of reader comments, critics of the new royal charter have argued that overall it will only protect the largest publications. Kirsty Hughes of freedom of press campaigners Index on Censorship told The Guardian that she fears bloggers could face significant exemplary damages as a result of the proposed changes. Smaller publications could potentially face closure due to expensive legal challenges.
Others, however, have urged calm before dismissing or boycotting the new regulations. Liberal Conspiracy editor Sunny Hundal writes that the Press Regulator would focus on the largest news publications and is unlikely to have much impact on small bloggers, potentially even helping them resolve legal issues before they escalate. With significant amounts of online content hosted outside the UK, the new regulator could potentially be further restricted in their ability to take action against bloggers.
Situation in Ireland
In an Irish context, Internet defamation and regulation of online content remains vague despite the introduction of the reformed Defamation Act in 2009. In 2010, a blogger calling himself Ardmayle reached a €100,000 out of court settlement as a result of a defamatory post on a personal blog. In January 2013, Twitter user and blogger Kevin Barrington issued an apology and made a charitable donation in response to a legal complaint from Declan Ganley in relation to defamatory tweets.
