From: Jason W Neyers <jneyers@uwo.ca>
To: obligations@uwo.ca
Date: 24/04/2017 10:42:55 UTC
Subject: RE: defamation and politics

I post on behalf of Samuel Beswick:

 

This is an interesting case for the serious harm threshold under the Defamation Act. If (as it seems) Farage's comments have led to a swell in donations and publicity towards HNH's campaigns, that would suggest the free market of ideas is working and the charity may not need defamation law to protect its reputation here.

A for-profit entity in the same position would struggle to make out a claim given section 1(2) (statement must have caused serious financial loss).

Warm regards,

Sam

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

From: Andrew Tettenborn [mailto:a.m.tettenborn@swansea.ac.uk]
Sent: Sunday, April 23, 2017 6:38 AM
To: obligations@uwo.ca
Subject: defamation and politics

 

An interesting defamation case reported in today's UK media:

https://www.theguardian.com/politics/2017/apr/22/hope-not-hate-suing-nigel-farage-100k-libel-claim-ukip-leader

Essentially a political organisation is suing for large sums in general libel damages in respect of a statement about its activities (in this case Hope not Hate is suing Nigel Farage of the UK Independence Party for a suggestion that it pursues violent and undemocratic means to power).

Does anyone share my concern that this ought to be regarded as raising the same issue as Derbyshire CC v Times Newspapers Ltd [1993] A.C. 534? If it's necessary to prevent public authorities from suing corporately for defamation in order to protect robust free speech, then my first reaction is that this ought to apply a fortiori to political pressure-groups.

Andrew

 

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Andrew Tettenborn
Professor of Commercial Law, Swansea University

Institute for International Shipping and Trade Law
School of Law, University of Swansea
Richard Price Building
Singleton Park
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Phone 01792-602724 / (int) +44-1792-602724
Cellphone 07472-708527 / (int) +44-7472-708527
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Andrew Tettenborn
Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe

Sefydliad y Gyfraith Llongau a Masnach Ryngwladol
Ysgol y Gyfraith, Prifysgol Abertawe
Adeilad Richard Price
Parc Singleton
ABERTAWE SA2 8PP
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Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855

 


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