Freedom Of Speech V Protection Of Reputation
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Freedom Of Speech V Protection Of Reputation
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Author : Jideofor Adibe
language : en
Publisher: Adonis & Abbey Publishers
Release Date : 2010
Freedom Of Speech V Protection Of Reputation written by Jideofor Adibe and has been published by Adonis & Abbey Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In this study, it is looked at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. The premise of the study is that while freedom of the press is desirable and cherishable, it is important that the individual is recognized as the foundational block of human rights and the democratic process, who is entitled to his reputation as part of his human dignity. It means that cases in which the press uses public interest defence to attack reputations require close analyses to ensure that both the individual and the public good are equally protected. This study examined four cases in the U.S., New York Times v Sullivan, Curtis Publishing Co. v Butts -- Time Inc v Hill and Monitor Patriot v Roy. In the UK, the cases examined are Derbyshire County Council v Times Newspaper Ltd. and Others, Reynolds v Times Newspapers Ltd, and George Galloway v Telegraph Group Ltd.--[book cover].
Freedom Of Speech V Protection Of Reputation
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Author : Jideofor Adibe
language : en
Publisher: Adonis & Abbey Publishers Ltd
Release Date : 2010-01-30
Freedom Of Speech V Protection Of Reputation written by Jideofor Adibe and has been published by Adonis & Abbey Publishers Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-30 with Reference categories.
Free speech is increasingly recognised as a universal human value, even though its application differs in different jurisdictions. Free speech is however never absolute, even in jurisdictions like the USA, where the First and Fourteenth Amendments give it special protection. The main reason why free speech cannot be absolute is because it competes with other equally important human values such as the right to privacy, reputation or to protect societies from potential harms from unrestrained hate or obscene speech. In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substiuting its own interest for this 'public interest'. The premise of the study is that while freedom of the press is desirable and cherishable, it is important that the individual is recognised as the foundational block of human rights and the democratic process, who is entitled to his reputation as part of his human dignity. If the notion of human rights is necessarily anti-majoritarian in principle, it means that cases in which the press uses public interest defence to attack reputations require close analyses to ensure that both the individual and the public good are equally protected. We examined four cases in the US - New York Times v Sullivan (involving a public official), Curtis Publishing Co. v. Butts (involving a public figure), Time Inc v Hill (involving a private individual who was transformed into a public figure against his will), and Monitor Patriot v Roy (involving a candidate for a political office). In the UK we examined Derbyshire County Council v Times Newspapers Ltd. and Others (involving a local authority, which sued for libel), Reynolds v Times Newspapers Ltd (involving a politician), and George Galloway v Telegraph Group Ltd (involving a controversial politician who was famous for opposing the Iraq war and the UN's sanctions against the country - both supported by the defendant newspaper). In all these cases, 'public interest' figured prominently as one of the defences by the accused media house. But what is the notion of 'public interest' espoused in the these cases? And does it sufficiently protect both the public good and the individual?
Defining Defamation
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Author : Article 19 (Organization)
language : en
Publisher:
Release Date : 2000
Defining Defamation written by Article 19 (Organization) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Freedom of information categories.
The Right To Speak Ill
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Author : Russell L. Weaver
language : en
Publisher:
Release Date : 2006
The Right To Speak Ill written by Russell L. Weaver and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Freedom of speech categories.
Based on empirical research involving interviews with defamation lawyers, as well as journalists, editors, and producers, this book provides a comparative examination of defamation liability standards and their impact on the media's ability to report on matters of public examination. The interviews span a twelve-year time frame during which there were significant developments in the affected countries (Australia, the United States and Great Britain) including extensions of qualified privilege in the Reynolds (Great Britain) and Lange (Australia) decisions.
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights
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Author : Bychawska-Siniarska, Dominika
language : en
Publisher: Council of Europe
Release Date : 2017-08-04
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights written by Bychawska-Siniarska, Dominika and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Defamation And Freedom Of Speech
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Author : Dario Milo
language : en
Publisher:
Release Date : 2008
Defamation And Freedom Of Speech written by Dario Milo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Freedom of speech categories.
This text examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression.
Defamation And The Right To Freedom Of Speech
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Author : Mariëtte Jones
language : en
Publisher:
Release Date : 2024
Defamation And The Right To Freedom Of Speech written by Mariëtte Jones and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
"In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany and the European Court of Human Rights. It examines the reasons why it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights' jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of Human Rights Law and Media Law"--
Defamation And Freedom Of Speech
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Author : Dario Milo
language : en
Publisher: OUP UK
Release Date : 2008-02-14
Defamation And Freedom Of Speech written by Dario Milo and has been published by OUP UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-14 with Language Arts & Disciplines categories.
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
Freedom Of Expression And Defamation
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Author : Tarlach McGonagle
language : en
Publisher: Council of Europe
Release Date : 2016-09-01
Freedom Of Expression And Defamation written by Tarlach McGonagle and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Political Science categories.
Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.
Comparative Defamation And Privacy Law
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Author : Andrew T. Kenyon
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-21
Comparative Defamation And Privacy Law written by Andrew T. Kenyon and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.