Draft Defamation Bill

Draft Defamation Bill PDF

Author: Great Britain: Ministry of Justice

Publisher: The Stationery Office

Published: 2011-03-15

Total Pages: 130

ISBN-13: 9780101802024

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This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.

Human Rights and the Private Sphere Vol 1

Human Rights and the Private Sphere Vol 1 PDF

Author: Jorg Fedtke

Publisher: Routledge

Published: 2007

Total Pages: 605

ISBN-13: 1134099797

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Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.

Political Debate and the Role of the Media

Political Debate and the Role of the Media PDF

Author: European Audiovisual Observatory

Publisher: European Audiovisual Obsevatory

Published: 2004

Total Pages: 132

ISBN-13: 9287156751

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This report is based on the discussions and presentations given at a workshop, held in June 2004, and organised by the European Audiovisual Observatory and its partner organisation, the Institute for Information Law (IViR) of the University of Amsterdam. The purpose of the workshop was to discuss various aspects of political debate and the role played by the media.

Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF

Author: Dario Milo

Publisher: Oxford University Press, USA

Published: 2008-02-14

Total Pages: 394

ISBN-13:

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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.

Human Rights and the Private Sphere vol 1

Human Rights and the Private Sphere vol 1 PDF

Author: Jörg Fedtke

Publisher: Routledge

Published: 2007-08-07

Total Pages: 567

ISBN-13: 1134099789

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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Codifying Cyberspace

Codifying Cyberspace PDF

Author: Damian Tambini

Publisher: Routledge

Published: 2008

Total Pages: 334

ISBN-13: 1844721450

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An examination of how self-regulation works (or doesn't work) in practice, in a variety of countries, as well as the problems of balancing private censorship against fundamental rights to freedom of expression and privacy for media users.