This is Part 2 of a post discussing the judgment in Banks v Cadwalladr. This final part deals with the impact meaning and intention had on the defences open to the defendant, specifically the public interest defence. Part 1 can be found here. Continue reading
The International Forum for Responsible Media Blog
Tag: Public Interest Defence
I make the case in Part 1 of this post that there are good policy reasons why Section 1(2) of the Defamation Act 2013 (“the 2013 Act”) does not always best serve the public interest. However even if the Section 1(2) hurdle were absent, a corporate claimant whose product or business practices have wrongly been attacked is likely then to be confronted with a “public interest” defence under Section 4. Continue reading
On 21 November the Court of Appeal delivered a major decision on the statutory public interest defence for defamation claims, in the case of Alexander Economou v David de Freitas [2018] EWCA Civ 2591. Continue reading
The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Continue reading
The Defamation Act 2013 replaces Reynolds privilege with a new defence of ‘publication on matter of public interest’. On one view, the statutory defence aims to provide a broader protection for expression than was previously found under the common law. Continue reading
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