Exemplary Damages for Media Torts
Exemplary damages (whether so described or renamed as punitive damages) should be available for actions for breach of privacy, breach of confidence and similar media torts, as well as for libel and slander. The application to a defendant of any relevant system of regulation of standards enforcement which is contained in or recognised by statute and good internal governance in relation to the sourcing of stories should be relevant to the decisions reached in relation to such damages.
- However, section 40 of the Crime and Courts Act 2013, which would have provided the accompanying costs incentive for publishers to join a recognised regulator, was never commenced and was repealed by section 50 of the Media Act 2024 on 24 July 2024 (Media Act 2024, legislation.gov.uk).
- The exemplary damages provisions remain technically in force but their practical effect is limited without the costs incentive that was intended to accompany them.
How was this evidence gathered?
Response
Accepted
Response
AcceptedSections 34-42 of the Crime and Courts Act 2013 were commenced on 3 November 2015, providing for exemplary damages against publishers not belonging to a recognised regulatory body. However, the practical effect is limited because Section 40 (the costs incentive for joining a recognised regulator) was repealed by the Media Act 2024 without ever being commenced. Source: https://www.legislation.gov.uk/ukpga/2013/22/section/34
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
Sections 34-42 of the Crime and Courts Act 2013 were commenced on 3 November 2015, providing for exemplary damages against publishers not belonging to a recognised regulator. However this provision is largely toothless in practice because Section 40 (costs incentive) was repealed without ever being commenced, removing the financial pressure for publishers to join a recognised regulator.
View detailed findings
Exemplary damages provisions technically in force but practically ineffective without Section 40. No major newspaper belongs to a recognised regulator.