Let me make clear where I stand from the start. The law of defamation is par excellence a common law tort. It has been developed by the judges over two centuries to try and strike the balance between the right to reputation and the right to free expression. Today, of course, that balance has to be struck by reference to Articles 8 and 10 of the European Convention, neither of which, as we have been repeatedly reminded from London and Strasbourg, has presumptive pre-eminence. Continue reading