Bookshop Libel Fund
Craig Liddle | 13.07.2002 12:00
Radical bookshop loses free speech battle in libel test case - but jury awards tiny damages of 14 pounds to right-wing litigant
BOOKSHOP LIBEL FUND
update JULY 2002 newsletter
c/o HOUSMANS BOOKSHOP
5 Caledonian Road, London, N1 9DX, UK 020 7278 4474
c/o BOOKMARKS BOOKSHOP
1 Bloomsbury Street, London, WC1B 3QE, UK 020 7637 1848
PRESS RELEASE - Wednesday 3 July
£14 DERISORY DAMAGES IN FIRST OF BOOKSHOP LIBEL CASES
MORAL VICTORY - LEGAL IMPASSE- FINANCIAL PREDICAMENT
A High Court verdict on Tuesday 2 July could be a short-
term deterrent to right-wingers using libel writs to attack small radical bookshops; but it still leaves two of London's last such shops with potentially crippling legal bills, and it exposes a major gap in defamation law which needs plugging.
The two-day High Court case was the culmination of an
action brought nearly 2 years ago against Housmans
Bookshop in Kings Cross, London,by someone currently
using the name Alexander Baron. The right-wing anti-gay
litigant had been referred to as a plagiarist in one
sentence in a 136-page pamphlet stocked in the shop.
He had chosen to sue only the shop, not the author or
publisher concerned, becauseof his distaste for the sort
of material made available in radical bookshops.
Although he had at one stage demanded that the shop
pay him £50,000 to drop the case, the jury awarded him
just £14. Because he had already rejected a settlement
offer higher than that, he was also ordered to pay most
of the shop's legal costs; however, there is no expectation
that he has the resources to do so.
Despite the jury's apparent sympathy with the
defendants, they clearly felt virtually compelled by the
judge's legal rulings to find against the shop. Following
this test case - the first occasion on which a bookshop
has tried to use the "innocent dissemination" defence
introduced in the 1996 Defamation Act - it seems that if
anyone suggests to a shop or library that an item on their
shelves is defamatory, and they fail to remove it
immediately, then they cannot use this defence in any
proceedings later brought against them, irrespective of
whether it was reasonable to take thesuggestion
seriously.
This action against Housmans was one of a series,
dating back to 1996, brought against Housmans,
Bookmarks (also in London) and others by people
criticised in anti-fascist magazines. This was the
first to end up in court, but one of the earlier cases -
against Bookmarks and Housmans, and involving the
magazine Searchlight - is still extant. It is due in court
this autumn unless a settlement is reached first - either
course is financially costly.
The Bookshop Libel Fund is calling for urgent
financial support for the shops to cover their costs
in these cases, and for a change in the law to stop
bookshops being targeted in this way.
See the appended earlier release for the background
to these cases.
For further details about this week's case,
contact Albert Beale, tel 020-7278 4474
DONATIONS:
Donations to the appeal fund should be made out to
"Bookshop Libel Fund"
& sent to Bookmarks, or Housmans, (addresses below.)
press release :June 2002:
Bookshops still fighting libel threat!
defence campaign reactivated
We're grateful to all of you who have supported the
Bookshop Libel Fund in the past. You may remember
that our two small independent bookshops were facing
potentially ruinous legal proceedings for stocking the
respected anti-fascist magazine Searchlight.
The case was brought by someone criticised in Searchlight.
You may be surprised to hear that Bookmarks and
Housmans are still involved in this case six years on,
and so we are having to relaunch this appeal for funds.
Housmans, at Kings Cross in London, is linked to
the 65-year-old pacifist paper Peace News; Bookmarks,
also in London, is a socialist bookshop established for 30
years and is the appointed bookseller for the TUC.
British law allows anyone who claims they have been
libelled to sue any shop, distributor or library handling
the allegedly libellous publication, as well as or instead of suing the author, editor and publisher. This case has still not reached a conclusion, although it relates to an article in a 1993 issue of Searchlight and the case was first brought in 1996. This action is one of several initiated then by people criticised in Searchlight, in what could be seen as politically motivated attacks on progressive bookshops.
Housmans and Bookmarks have been fighting the case with
a defence of "innocent dissemination" in effect arguing
that it is impossible for bookshops, particularly small
independents, to check - and take responsibility for -
the content of the thousands of publications in stock at
any one time. We feel it is important to try to take a stand, otherwise there might be no end to this sort of "legal intimidation".
The shops are facing a new round of legal bills as thecase
moves towards a conclusion, and so are now relaunching
the appeal fund. Housmans Bookshop has recently been
targeted with a further libel writ from one of the group who sued over Searchlight. This case, relating to criticism in another publication, similarly threatens the free circulation of radical material.
At a time when Le Pen has come second in the French
presidential elections, and the BNP has won three council
seats in Britain, it is more important than ever that
independent bookshops are free to stock anti-fascist and
anti-racist literature without fear of legal proceedings.
Thank you in advance for whatever support
you are able to give.
Judith Orr, Bookmarks
Albert Beale, Housmans
BACKGROUND NOTES:
The long-running case involving the two bookshops is the
last remaining of several libel actions which all date from
the same era; the cases were all initiated by a related
group of people who had been criticised in Searchlight.
The case is finally set down to come to court later this
year, unless a settlement is reached first. Either course
will run up significant legal costs.
The vagaries of British libel law give an opportunity for
politically-motivated litigants to seriously threaten the
existence of progressive bookshops, as a by-product
of the litigants' (well-founded or otherwise) complaints
against publications which have criticised them.
The Bookshop Libel Fund was originally set up in 1996
to support small shops caught up in cases like this one -
the related cases at that time included action against
other bookshops too. The fund has had enough left, after
the initial appeal, to cover the trickle of continuing legal
costs in this unresolved case - until now.
Even if any award of damages against a minor defendant
like a bookshop was minimal - or indeed even if the libel
accusation was thrown out altogether - the legal costs
could still be sufficient to bankrupt a struggling, non-
commercial bookshop. (There is no expectation that a
person bringing such a case would be able to pay the
defendants' costs if their action failed; anyone launching
such an action doesn't have to first show that they could
pay the defence costs if they lost.)
With the current cases expected to come to a head very
soon, support is urgently needed now to replenish the
Bookshop Libel Fund and ensure that small progressive
bookshops can survive assaults like this.
SPONSORS:
Founding sponsors of the Bookshop Libel Fund appeal included:
John Monks, General Secretary TUC Prof Steven Rose
Roger Bolton, General Secretary BECTU Steve Bell
George Brumwell, Gen Sec UCATT Prof Alex Callinicos
Ken Cameron, General Secretary FBU Francis D’Souza
Tony Dubbins, General Secretary GPMU Tim Gopsill
John Edmonds, General Secretary GMB Paul Foot
Roger Lyons, General Secretary MSF Jeremy Hardy
Bill Morris, General Secretary TGWU Prof Christopher Hill
Arthur Scargill, General Secretary NUM Miriam Karlin
Diane Abbott MP Bruce Kent
Jeremy Corbyn MP Ken Loach
Peter Hain MP Michael Mansfield QC
Alice Mahon MP Seamus Milne
Dennis MacShane MP Harold Pinter
Chris Smith MP Iain Banks
Glyn Ford MEP Michael Rosen
Tony Benn Prof Brian Manning Hugh Kerr
Other supporters included the Booksellers Association
as well as many local branches of
Unison, Aslef, GMB, MSF, NUJ, NUT,
the T&G, regional TUCs, local Labour Parties,
Peace groups and bookshops,
plus hundreds of other individuals.
PRESS CONTACTS:_____________________________
Judith Orr from Bookmarks, 020-7637 1848
judith@bookmarks.uk.com or
Albert Beale from Housmans, 020-7278 4474
defence@housmans.idps.co.uk
______________________________________________
BOOKSHOP ADDRESSES:_______________________
HOUSMANS BOOKSHOP
5 Caledonian Road, London, N1 9DX,UK 020 7278 4474
BOOKMARKS BOOKSHOP
1 Bloomsbury Street, London, WC1B 3QE,UK 020 7637 1848
______________________________________________________
NEWSLETTER CONTACT:________________________
Craig Liddle Housmans Bookshop Ltd 5 Caledonian Road London N1 9DX UK
fax 0870 7066035 craig@housmans.idps.co.uk ______
update JULY 2002 newsletter
c/o HOUSMANS BOOKSHOP
5 Caledonian Road, London, N1 9DX, UK 020 7278 4474
c/o BOOKMARKS BOOKSHOP
1 Bloomsbury Street, London, WC1B 3QE, UK 020 7637 1848
PRESS RELEASE - Wednesday 3 July
£14 DERISORY DAMAGES IN FIRST OF BOOKSHOP LIBEL CASES
MORAL VICTORY - LEGAL IMPASSE- FINANCIAL PREDICAMENT
A High Court verdict on Tuesday 2 July could be a short-
term deterrent to right-wingers using libel writs to attack small radical bookshops; but it still leaves two of London's last such shops with potentially crippling legal bills, and it exposes a major gap in defamation law which needs plugging.
The two-day High Court case was the culmination of an
action brought nearly 2 years ago against Housmans
Bookshop in Kings Cross, London,by someone currently
using the name Alexander Baron. The right-wing anti-gay
litigant had been referred to as a plagiarist in one
sentence in a 136-page pamphlet stocked in the shop.
He had chosen to sue only the shop, not the author or
publisher concerned, becauseof his distaste for the sort
of material made available in radical bookshops.
Although he had at one stage demanded that the shop
pay him £50,000 to drop the case, the jury awarded him
just £14. Because he had already rejected a settlement
offer higher than that, he was also ordered to pay most
of the shop's legal costs; however, there is no expectation
that he has the resources to do so.
Despite the jury's apparent sympathy with the
defendants, they clearly felt virtually compelled by the
judge's legal rulings to find against the shop. Following
this test case - the first occasion on which a bookshop
has tried to use the "innocent dissemination" defence
introduced in the 1996 Defamation Act - it seems that if
anyone suggests to a shop or library that an item on their
shelves is defamatory, and they fail to remove it
immediately, then they cannot use this defence in any
proceedings later brought against them, irrespective of
whether it was reasonable to take thesuggestion
seriously.
This action against Housmans was one of a series,
dating back to 1996, brought against Housmans,
Bookmarks (also in London) and others by people
criticised in anti-fascist magazines. This was the
first to end up in court, but one of the earlier cases -
against Bookmarks and Housmans, and involving the
magazine Searchlight - is still extant. It is due in court
this autumn unless a settlement is reached first - either
course is financially costly.
The Bookshop Libel Fund is calling for urgent
financial support for the shops to cover their costs
in these cases, and for a change in the law to stop
bookshops being targeted in this way.
See the appended earlier release for the background
to these cases.
For further details about this week's case,
contact Albert Beale, tel 020-7278 4474
DONATIONS:
Donations to the appeal fund should be made out to
"Bookshop Libel Fund"
& sent to Bookmarks, or Housmans, (addresses below.)
press release :June 2002:
Bookshops still fighting libel threat!
defence campaign reactivated
We're grateful to all of you who have supported the
Bookshop Libel Fund in the past. You may remember
that our two small independent bookshops were facing
potentially ruinous legal proceedings for stocking the
respected anti-fascist magazine Searchlight.
The case was brought by someone criticised in Searchlight.
You may be surprised to hear that Bookmarks and
Housmans are still involved in this case six years on,
and so we are having to relaunch this appeal for funds.
Housmans, at Kings Cross in London, is linked to
the 65-year-old pacifist paper Peace News; Bookmarks,
also in London, is a socialist bookshop established for 30
years and is the appointed bookseller for the TUC.
British law allows anyone who claims they have been
libelled to sue any shop, distributor or library handling
the allegedly libellous publication, as well as or instead of suing the author, editor and publisher. This case has still not reached a conclusion, although it relates to an article in a 1993 issue of Searchlight and the case was first brought in 1996. This action is one of several initiated then by people criticised in Searchlight, in what could be seen as politically motivated attacks on progressive bookshops.
Housmans and Bookmarks have been fighting the case with
a defence of "innocent dissemination" in effect arguing
that it is impossible for bookshops, particularly small
independents, to check - and take responsibility for -
the content of the thousands of publications in stock at
any one time. We feel it is important to try to take a stand, otherwise there might be no end to this sort of "legal intimidation".
The shops are facing a new round of legal bills as thecase
moves towards a conclusion, and so are now relaunching
the appeal fund. Housmans Bookshop has recently been
targeted with a further libel writ from one of the group who sued over Searchlight. This case, relating to criticism in another publication, similarly threatens the free circulation of radical material.
At a time when Le Pen has come second in the French
presidential elections, and the BNP has won three council
seats in Britain, it is more important than ever that
independent bookshops are free to stock anti-fascist and
anti-racist literature without fear of legal proceedings.
Thank you in advance for whatever support
you are able to give.
Judith Orr, Bookmarks
Albert Beale, Housmans
BACKGROUND NOTES:
The long-running case involving the two bookshops is the
last remaining of several libel actions which all date from
the same era; the cases were all initiated by a related
group of people who had been criticised in Searchlight.
The case is finally set down to come to court later this
year, unless a settlement is reached first. Either course
will run up significant legal costs.
The vagaries of British libel law give an opportunity for
politically-motivated litigants to seriously threaten the
existence of progressive bookshops, as a by-product
of the litigants' (well-founded or otherwise) complaints
against publications which have criticised them.
The Bookshop Libel Fund was originally set up in 1996
to support small shops caught up in cases like this one -
the related cases at that time included action against
other bookshops too. The fund has had enough left, after
the initial appeal, to cover the trickle of continuing legal
costs in this unresolved case - until now.
Even if any award of damages against a minor defendant
like a bookshop was minimal - or indeed even if the libel
accusation was thrown out altogether - the legal costs
could still be sufficient to bankrupt a struggling, non-
commercial bookshop. (There is no expectation that a
person bringing such a case would be able to pay the
defendants' costs if their action failed; anyone launching
such an action doesn't have to first show that they could
pay the defence costs if they lost.)
With the current cases expected to come to a head very
soon, support is urgently needed now to replenish the
Bookshop Libel Fund and ensure that small progressive
bookshops can survive assaults like this.
SPONSORS:
Founding sponsors of the Bookshop Libel Fund appeal included:
John Monks, General Secretary TUC Prof Steven Rose
Roger Bolton, General Secretary BECTU Steve Bell
George Brumwell, Gen Sec UCATT Prof Alex Callinicos
Ken Cameron, General Secretary FBU Francis D’Souza
Tony Dubbins, General Secretary GPMU Tim Gopsill
John Edmonds, General Secretary GMB Paul Foot
Roger Lyons, General Secretary MSF Jeremy Hardy
Bill Morris, General Secretary TGWU Prof Christopher Hill
Arthur Scargill, General Secretary NUM Miriam Karlin
Diane Abbott MP Bruce Kent
Jeremy Corbyn MP Ken Loach
Peter Hain MP Michael Mansfield QC
Alice Mahon MP Seamus Milne
Dennis MacShane MP Harold Pinter
Chris Smith MP Iain Banks
Glyn Ford MEP Michael Rosen
Tony Benn Prof Brian Manning Hugh Kerr
Other supporters included the Booksellers Association
as well as many local branches of
Unison, Aslef, GMB, MSF, NUJ, NUT,
the T&G, regional TUCs, local Labour Parties,
Peace groups and bookshops,
plus hundreds of other individuals.
PRESS CONTACTS:_____________________________
Judith Orr from Bookmarks, 020-7637 1848
judith@bookmarks.uk.com or Albert Beale from Housmans, 020-7278 4474
defence@housmans.idps.co.uk ______________________________________________
BOOKSHOP ADDRESSES:_______________________
HOUSMANS BOOKSHOP
5 Caledonian Road, London, N1 9DX,UK 020 7278 4474
BOOKMARKS BOOKSHOP
1 Bloomsbury Street, London, WC1B 3QE,UK 020 7637 1848
______________________________________________________
NEWSLETTER CONTACT:________________________
Craig Liddle Housmans Bookshop Ltd 5 Caledonian Road London N1 9DX UK
fax 0870 7066035
craig@housmans.idps.co.uk ______
Craig Liddle
e-mail:
craig@housmans.idps.co.uk