"the law of defamation often involves the balancing of interests" - mass communication help!?
Question:Please help!
Answers:
Defamation is a tricky subject you are balancing the interest of Freedom of Expression (Art 10 ECHR) with the damaging effects of the disparaged individual. Where is the line to be drawn? It follows the proverb of 'does the good of the many outweigh the good of the one?'
Then look at instances where one must balance it both ways
i.e. unchasticy to a women
infectious disease
Look at the defences of fair comment, and why we have protection such as you cant defame a council, absolute and qualified privilege - why do we have these limitations and protections, do they perform a balancing act?
Also see
proposals for reform made by the Faulks Committee (Cmnd 5909) in 1975
You should get out more.
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