Extract - In your opinion, is the English law of defamation fully compatible with Article 10 of the European Convention on Human Rights ?

Introduction

The English law of defamation recognizes reputation as an interest worthy of protection. Article 10 of the European Convention on Human Rights (ECHR) protects the right to freedom of expression, including the right to 'hold opinions and to receive and impart information and ideas without interference by public authority'. This essay will explore to what extent the two are fully compatible, particularly with regard to determinations as to truth, opinions and value judgements and with regard to the balancing of freedom of expression against protection of reputation of public figures. This essay will also follow the progression of what can be seen as English law's initial oversight of the ECHR, to a gradual acknowledgment, through to incorporation by means of the Human Rights Act (HRA) 1998 and towards what many hope will be an eventual harmonization of the two.

Defamation

English law affords protection to reputation by holding that every person is entitled to their good name, which if brought into disrepute, may give cause for an action in the tort of defamation either for libel, actionable per se, if the statement is in a permanent form or for slander if the statement is in transient form and the claimant can also prove special damage.

In order to mount a claim for defamation a claimant must establish:

1. that the words used are capable of being defamatory - either by lowering the claimant in the estimation of normal, right thinking people, exposing the claimant to hatred, contempt or ridicule or causing the claimant to be shunned or avoided.

2. that the words refer to the claimant - even if not specifically named or even if reference is made through a fictional character , and

3. that the words are published - publication in the legal sense meaning communication to at least one person other than the claimant.

Defences to a claim of defamation include:

i. Justification (truth) - a complete defence, not defeated by malice and which recognizes that a statement may damage reputation but also acknowledges that reputation cannot be upheld by concealing the truth;

ii. Privilege - on account that dissemination of the information outweighs the protection of reputation when such information is in the public interest. Privilege comprises two distinct defences:

a. Absolute privilege - for situations of utmost importance such as parliamentary proceedings , judicial proceedings , or for official state communications (executive privilege) and,

b. Qualified privilege - for communication of information in circumstances where there is a duty for the information to be given and received .

iii. Fair comment - dealing with non-malicious statements of opinion commenting on facts that are in the public interest.

Legal Notice - None of our work is to be passed off as your own or as anyone else's, nor is it to be reproduced either in whole or in part. This a breach of copyright. It also constitutes plagiarism and will breach University Regulations, consult your guidelines if you are unsure. If we suspect that any law essays or materials are being used for such purposes then we will refuse to carry out that work and all future essay work for the person involved.

Refund Policy : Law Essays UK has a strict no refund policy due to the highly specialised and individual nature of the services we provide. Our services are provided as is, and accordingly the customer orders on their own initiative. However, for your peace of mind, we guarantee that if you are not satisfied with an essay, for whatever reason, then we can amend it accordingly to your specifications. In addition, under our crystal clear guarantee, we will clarify anything contained within an essay or study material free of charge

Note: We offer a wholly independent law and legal research service. We are not affiliated with the Bar Council or any other organisation in any other way. Nor are they affiliated with us. We regret that we are unable to take on work from members of the public and businesses outside of doing model answers as law essays, legal essays, research and tutoring as to do so would contravene Bar Council regulations. All research services and materials offered are subject to availability. 5 day completion for law essays of 5,000 words or less only. All services are subject to availability. All trademarks and copyrights of other bodies and organisations are recognised and respected.

order-now

Visitors have also looked at...

  • 1Law Essay Scams

    Essay writing scams can be hard to spot.
    Click here to find out how to avoid the essay scams

  • 2Essay writing in the press

    Find out what the press say about essay writing in the 21st century.

  • 3 Meet the Law Essays UK Team

    Find out more about the individuals that provide this first class essay writing service.