This is the main reason why English libel law is recognised throughout the world as "claimant friendly"—i.e. biased against the press—to such an extent that libel judgments are the only English orders that US courts refuse to enforce, because they conflict with the free speech principles of the First Amendment. Newspapers cannot prove truth when witnesses disappear or get cold feet, or sources promised anonymity refuse to come forward. As Gatley (the libel bible) concedes, "The present rule inhibits the ability of the media to expose what they believe to be matters of pubic concern."

The Defamation Bill, whose sponsors—particularly the Liberal Democrats—pretend it will work wonders ("our Coalition Bill will let the press be free"-Nick Clegg) does absolutely nothing to shift the burden of proof back to where it belongs. According to an "explanatory note" by the Ministry of Justice, this was because of sympathy for the claimant: "proving a negative is always difficult". But proving a negative in court is actually not difficult at all: the claimant merely has to go into the witness box and aver that the newspaper published a damaging falsehood. If he survives cross-examination and minimises any evidence the defence can muster, then on the balance of probabilities, he proves the libel false. In all other civil actions, claimants bear this burden of proof—which is logical and fair, since they are the ones who are using the legal process to drag others into court in an effort to win damages. The only reform to defamation that will make any difference to investigative journalism is reversing the burden of proof. London will remain, under the Defamation Act (2013), the libel capital of the world.

Another sensible and moderate reform, pioneered in Australia, of abolishing the unnecessary, but threatening, right of large companies to sue for libel, has been rejected by the government. Libel damages provide vindication for personal hurt, but corporations (as distinct from their executives) have no feelings and do not sensibly deserve damages. As for the public interest defence to libel cases, recently and gingerly pioneered by the judges, the Bill does no more than parrot the position they have reached, which remains unsatisfactory: newspapers must prove "responsible journalism" but by reference to nine stumbling blocks which make the defence difficult. Now, these handicaps for the media will be enshrined in a statute. Illogically, the statutory defence of "responsible journalism" gives no incentive for editors to act responsibly after publication, by correcting their mistakes.