Media lawyers have given a mixed response to the government’s announcement that it is to publish a draft Defamation Bill in the new year.

Justice minister Lord McNally outlined the government’s plans to review the law on defamation to protect freedom of speech and expression during the second reading of Lord Lester’s ­private member’s bill on defamation.

McNally said the government will not adopt Lester’s bill, but will consult over the summer and publish a bill early next year.

‘Freedom of speech is the foundation of democracy. We need investigative journalism and scientific research to be able to flourish without the fear of unfounded, lengthy and costly defamation and libel cases being brought against them,’ he said.

McNally said the government is committed to reforming the law and wants to ensure a right and fair balance is struck between freedom of expression and the protection of reputation.

Lester’s bill included a statutory defence of ‘responsible publication’ on public interest matters, and a requirement for claimants to show substantial harm before bringing proceedings. It sought to rename the defences of justification and fair comment as ‘truth’ and ‘honest opinion’.

McNally did not indicate which of Lester’s reforms will be incorporated into the government’s bill, but said Lester’s bill had ‘greatly assisted’ the government’s thinking.

Lester said the unsatisfactory state of English defamation law was ‘notorious’ and engendered ‘costly and often protracted’ litigation.

Media Lawyers Association (MLA) chair Marcus Partington said the MLA was ‘encouraged’ that there was ‘now almost universal agreement that reform of libel law is necessary’.

However, he added that the issue of costs and the need for firmer, more pro-active case management must also be tackled.

Steven Heffer, partner at London firm Collyer Bristow, said there is a balance to be struck between free speech and the protection of reputations, which could be ‘trashed without redress if responsible journalism amendments go too far’.