AN INDEPENDENT ombudsman could be appointed to settle disputes between
individuals and newspapers in minor defamation cases, it emerged last
night.
The idea was floated by the Lord Chancellor, Lord Mackay of Clashfern,
during evidence to the Commons National Heritage Select Committee, which
is conducting an inquiry into privacy and media intrusion.
The appointment of an ombudsman might be seen as one way round the
problem faced by people who feel they have been libelled by the media
but who cannot afford to go to court, with the risk of losing the action
and having to pay full costs.
Attention in such actions has centred on the huge sums paid to
celebrities, but the Lord Chancellor made clear the Government
recognised the difficulties of people much further down the scale.
He left the committee in no doubt that Government money was unlikely
to be made available for legal aid in defamation cases -- because of the
restrictions on public spending -- and that another solution had to be
found.
He said: ''It is not a very good time for extending the scope of legal
aid.
''No State can attain the ideal in every respect. There have to be
limitations on what the State can afford to assist.''
According to Lord Mackay, it might initially be sufficient to make it
obligatory for newspapers to publish the ombudsman's findings.
However, the Lord Chancellor also suggested that the ombudsman could
make a recommendation as to the amount of financial compensation that
should be paid.
The implication was that once a newspaper had printed a correction, it
would be difficult for it to refuse to make a payment.
The ombudsman scheme would be paid for by the newspapers, and Lord
Mackay told the MPs that it should be possible to find a person of
quality who would be respected by the press and who would be able to
satisfy both sides in any dispute.
The committee was impressed by Lord Mackay's comments, and the idea of
appointing an ombudsman -- or forming a panel of ombudsmen drawn from
different newspapers -- might well emerge as one of the key
recommendations in its final report.
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