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 International Forum for Responsible Media Blog
Tag: Reynolds
In earlier posts I have dealt with general concerns about the Defamation Act 2013, concerns about section 1, “Serious harm” and the new statutory defences of “truth” and “honest comment” in section 2 and section 3. In this post, I continue setting out concerns with the Defamation Act 2013 by looking at the public interest defence in section 4. Continue reading
The Hong Kong Chinese-language newspaper Ming Pao Daily was ordered to pay defamation damages of HK$500,000 (£69,000) to Hong Kong Football Association vice-chairman Pui Kwan-Kay. In a ruling handed down on 6 September 2013 ([2013] HKCFI 1442) Mr Justice Thomas Au Hing-cheung rejected the newspaper’s defence of “responsible journalism”. Continue reading
An interesting proposal has slipped quietly into the mix for consideration during the House of Lords Committee stage deliberations on the Defamation Bill. During the Second Reading debate, Lord Lester mooted a possible alternative to the clause 4 defence of responsible publication on a matter of public interest. The Joint Committee on Human Rights has pressed the Government on the desirability of the new alternative. In our view, the proposal – developed by Sir Brian Neill (pic) – offers an opportunity both to improve the operation of the existing common law defence and to ‘tidy up’ aspects of the existing Bill. Continue reading
The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants. The NSW Court of Appeal handed down its decision in Lloyd-Jones v Allen ([2012] NSWCA 230) on 1 August 2012. Justice Henric Nicholas wrote the leading judgment, with which Justices Ruth McColl and Margaret Beazley concurred. Continue reading
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