SNP rule out Section 40 refors as ‘threat to freedom of press’

Cabinet Secretary for Culture, Europe and External Affairs, Fiona Hyslop.  Picture: Steven Scott Taylor / J P License
Cabinet Secretary for Culture, Europe and External Affairs, Fiona Hyslop. Picture: Steven Scott Taylor / J P License
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Reforms that would force newspapers to pay legal costs in court cases even if they win pose a potential threat to press freedom, Holyrood’s Culture Secretary has warned.

Fiona Hyslop called on the UK Government to “carefully consider” the impact its Section 40 proposals would have on both the media and democracy.

She confirmed the Scottish Government has no plans to bring in the changes north of the Border, pointing out Scotland has its own distinct legal system and that press regulation is devolved.

Despite this, she said the changes, contained within Section 40 of the Crime and Courts Act 2013, could damage Scottish local and national media if they are brought in by Westminster.

Ms Hyslop said: “Despite press regulation being devolved, Scottish local and national media could be impacted by any decision to enact section 40 in England and Wales, and it is my view that the measures consulted on by the UK Government would put at risk the viability of much of our independent media, particularly local newspapers, and pose a potential threat to freedom of the press.”

She stressed “Section 40 of the Crime and Courts Act does not apply under Scots Law” and added: “We have not introduced statutory measures to incentivise participation in the regulatory system, as has happened in Westminster, and I can confirm we have no plans to do so.”

She made the comments after Scottish First Minister Nicola Sturgeon said she did not support the implementation of Section 40 – which could see newspapers not signed up to an officially-recognised regulator pay the legal costs of both sides in libel and privacy actions brought against them.

But the SNP Westminster group stopped short of fully endorsing Ms Hyslop’s approach saying party MPs would “consider carefully” proposals on press regulation that come forward from the UK Government.

“While press regulation and the operation of the courts is devolved to the Scottish Government and Section 40 will not be introduced in Scotland, the UK government consulted on a range of options and SNP MPs will look at any proposals that come forward based on a balance of proper redress for victims and protection of the freedom of the press,” said a statement from the SNP Westminster group.

Newspapers that are part of a recognised regulator would be exempt from the measures.

The proposals have divided opinion between those who believe the measures are ‘’fair’’ and those who fear they will severely limit the scope for newspapers to conduct investigative reporting to expose corruption and wrongdoing.

Most newspapers have signed up to the Independent Press Standards Organisation, the press-funded body which has not sought official recognition, and would therefore be faced with paying plaintiffs’ costs under the Section 40 provisions.

The UK Government has carried out a consultation into the measures.