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Tag: Exemplary Damages

Why extending exemplary damages is the best approach for public interest journalism – Hugh Tomlinson QC

News of the WorldThere has, over the last few months, been widespread criticism from the press of Lord Justice Leveson’s recommendations about exemplary damages.  These recommendations have been widely misreported and misunderstood.  Many have been misled by words like “punitive” and “fines” into thinking that such damages would be imposed as a matter of routine on publishers who make mistakes. In fact, properly understood, exemplary damages are the best available approach for protecting the rights of victims and public interest journalism.  Continue reading

Leveson, Article 10 and Apologies: another red herring – Hugh Tomlinson QC

RedHerringBlurbThe media continue to seek to resist Lord Justice Leveson’s proposals for the self-regulation of the press by appeals to their “human rights”.  A number of legal opinions opposing the proposals have been leaked to the press although, as far as I am aware, none have in fact been published.  Whilst it is good to see that the Daily Mail and the Daily Telegraph have become converts to the value of the European Convention on Human Rights, these claims do not – on analysis – undermine the Leveson proposals.
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The Leveson Report and Exemplary Damages: no “violation of free speech” – Hugh Tomlinson QC

leveson-press-conferenceThe Leveson Report is a careful compromise designed to protect both freedom of expression and privacy.  Lord Justice Leveson accepted the arguments of the press that a system of statutory regulation should not be imposed on them. He offered them the almost unique privilege of self-regulation – subject only to oversight of the regulator by Ofcom or a “recognition commissioner”.   He suggested a number of incentives to encourage publishers to join the new regulatory body.  One of the most important concerns exemplary damages. Continue reading

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