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
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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