Section 40: Draconian press law 'may not be needed' says Culture Secretary Karen Bradley
Culture Secretary Karen Bradley has suggested she is against bringing in draconian measures that could lead to the end of the free press in Britain.
Section 40 of the Crime and Courts Act, if implemented, could see newspapers forced to pay legal costs in libel and privacy cases, even if they won, if they do not sign up to a state recognised regulator.
Critics fear the legislation could signal the death knell for the newspaper industry in the UK.
Staffordshire Moorlands MP Mrs Bradley told the Express & Star 'the intent' behind Section 40, which was proposed in 2011 as part of the Leveson inquiry, 'has not translated into reality'.
A consultation on whether to implement Section 40 closed earlier this year after 140,000 responses, although the publication of its results has been delayed by legal issues.
Mrs Bradley said during a visit to the West Midlands: "The reason we did the consultation is that there are very diverse views on this matter and there are very strong views on this matter.
"Some are convinced that Section 40 is the answer, and many others think it is not.
"When you look at why we ended up with the Leveson inquiry and why we did the legislation...it is important to remember that Section 40 was passed in 2013 and was started in 2011.
"That's six years ago. A lot of things have happened since then and perhaps the intent that was there when Leveson's recommendations were made and legislated for has not translated into reality.
"I want to look at the situation today if there is a need for this legislation.
"Ultimately what we want is a strong, free, fair press that can thrive and do what the press has always done so well, which is hold those in the public eye to account.
"At the same time we must make sure there is suitable protection so that unreasonable press intrusion doesn't happen.
"That's the balance that we have to strike. We will be looking closely at the evidence and making a decision in due course."
Currently the only state-backed regulator is Impress, which is funded by former Formula One boss Max Mosley.
No major newspapers have signed up with the body, with the majority belonging to the Independent Press Standards Organisation (IPSO), which is not Leveson compliant.
In December two victims of phone-hacking and the website Byline brought a legal challenge against the Government consultation on whether to enact Section 40.
