Defamation Bill — Commons Reasons

Part of the debate – in the House of Lords at 4:45 pm on 23rd April 2013.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Liberal Democrat 4:45 pm, 23rd April 2013

I am very grateful. The problem is that Section 6 of the Human Rights Act talks about functions of a private or public nature. That is fact-sensitive and cannot be codified, and has not been codified by Parliament in the Human Rights Act. That is why one cannot simply brush it aside and say, "Well, now Parliament must do so", because Parliament has not done so in the Human Rights Act and cannot do so here. It has to be left to the courts to apply the test.